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M. S. Bharath

M. S. Bharath Claimed

Founder

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Profile Overview

MS Bharath founded KRIA Law in March 2021 after 20 years of practice and 12 years of leading a regional office as a Senior Partner of a large Indian IP Firm. MS as he fondly referred to is a sought-after Litigator, Strategist and Counsellor in Intellectual Property, E-Commerce, Technology, Software, Franchising and Licensing spanning numerous industries and mentored several hundred Start Ups. In 2020, the Indian National Bar Association (INBA) nominated him as the IPR Lawyer of the year.

In 2019 he was nominated by the Indian Chapter of Asia Patent Attorneys Association to represent India as one of the Councillors. He currently serves as officer on several international IP organizations such as member of India Global Advisory Council of International Trademarks Association (INTA) since 2015, Councillor of Asian Patents Attorneys Association (APAA), Current President of IP Association of South India.

Bharath is also a regular IPR and General Legal resource person at Indian Institute of Technology, Madras (IITM) Research Park and IITM. Reference to his work: ‘Protecting your IP’ – IITMIC Startup Essentials and IIT Madras HTIC Medtech Incubator and IIT Madras Incubation cell Knowledge Tuesday. In 2019 he was one of the resource persons for the Annual Meeting of Society for Technology Management (STEM) is a non-profit organization which aims to provide a facilitative environment for Technology Transfer Processes. https://stemglobal.org/stem-annual-summit-2019/

In 2016 he was appointed as an Amicus Curiae to assist the Madras High Court in the case of Hindustan Unilever Limited vs Andhra Detergent on the subject matter of Territorial Jurisdiction of the Court in light of Supreme Court decision in IPRs vs Sanjay Dalia and the numerous cases of Delhi and Mumbai High court interpreting it.

Apart from being a regular speaker at national and international forums, he was invited to be a member of the group set up by CII and Tamil Nadu Technological Development & Promotion Council (TNTDPC) to work on “Study on Mapping the IP landscape in Tamil Nadu”.’

He is currently counselling and representing one of India’s leading Clean Energy Companies Sun Mobility in a patent litigation proceeding before the Madras High Court which relates to Electric Vehicle Swappable Battering Charging Station, related cancellation and counter claims proceedings.

He was instrumental in successfully restraining unauthorized use of the famous Tirupati Laddu, a registered GI in India apart from prosecuting GI applications towards grant for various national and international applicants in India including those for Baidagi Chillies, Tequila and Scotch.

Bharath has repeatedly used mediation and conciliation as means of resolving large scale conflicts in IPR including one involving as many as 250 oppositions, 2 suits, 3 criminal proceedings and a few freehold properties.

Memberships
  • Bar Council of India,
  • Delhi High Court Bar Association &
  • Madras Bar Association.
  • Treasurer, TIE Chennai 2021-23
  • International Trademark Association (INTA) Member since 2005
  • Customs Committee 2008-09
  • Legislative and Regulation Committee Pharma 2010-2012;
  • Program Co-Chair INTA India Project Team, 2012-13;
  • Parallel Imports Committee (PIC) 2012 – 2014;
  • Legislative and Regulation Committee, 2014-2016;
  • Anti-Counterfeiting Committee 2016-17 and 2017-18;
  • India Global Advisory Council Member since 2016;
  • Project Team Member and Sessions Moderator, 2017 INTA India Workshop;
  • Co-Chair INTA India Global Advisory Council 2018-19;
  • Team Leader, India Task Force, Enforcement Committee
  • Service Award for INTA Membership Champion, 2019
  • Member Presidential Task Force on Diversity, Equality and Inclusion, 2021
  • India Task Force Lead, Enforcement Committee 2022-23
  • Member, Programming and Advisory Council 2022-23
  • Asian Patent Attorneys Association (APAA) Member since 2011
  • Member Anti-Counterfeiting Committee 2017-19
  • International Councillor 2019 onwards.
Notable Cases

Over the years some of the notable and landmark cases handled by Bharath include

  1. “Tirupati laddu case”. He represented Tirumala Tirupati Devasthanam, before Madras High Court to restrain misuse of the registered GI Tirupai Laddu against a Sweet Shop in city of Chennai.
  2. Successfully defended a challenge to the GI Registration for the Tirupati Laddu
  3. Banana Brandworks case, which is often quoted for the findings and observations of use of trademarks in relation to Marketing, Advertising and Creation of Logos on the Social Media and Internet platforms
  4. Beiersdorf (NIVEA) before the Delhi High Court to protect their well-known packaging with unique colour combinations
  5. Danone Group for their famous brands PROTINEX (vs Protilex), NUTRICIA (vs Nutrica) and DEXOLAC (vs. Hexolac) in over 6 suits before the Delhi High Court and repeatedly used mediation
  6. GOD TV Channel trademark against a fake GODTV mobile application
  7. Qua timet action for the brand TEDI BAR, a soap free bathing bar brand of Curatio Healthcare and settled the suit with a decree within 10 days of institution of the suit
    Successfully defended Eros International Media Limited before Madras High Court and avoided adverse orders, both ex-parte and interim injunction in a proceeding instituted by alleged producer of a Tamil movie, claiming copyright in a story. The suit was eventually dismissed as being infructuou
Pro Bono and NGO’s

Bharath was instrumental in setting up and continues to support a few NGOs for the upliftment of transgenders (www.sakkhi.org) and underprivileged children. He has been active supporter of IDIA https://www.idialaw.org/ since its inception.

Firm

Contact Details

bharath@kria.law
+91-9500041230
https://kria.law/team.php

Regions Represented

Chennai
India
WLA Asia Pacific

Areas of Expertise

Dispute Resolution
Intellectual Property
Tech, Media and Telecom
Technology

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