INDIA FOCUS
this year, clarifies the provisions for royalty payments for certain types of use and should ensure creators get a fairer crack of the whip than in the past.
Perhaps one of the largest issues India needs to face in terms of IP is a rather more mundane one. The IP laws are, for the most part, consistent with international norms and, again for the most part, there is political will to enforce those laws. Unfortunately however, there are difficulties associated with the size of the country and the relatively recent push
towards enforcement. Attitudes can become entrenched very quickly, and with bureaucratic delays sometimes causing enforcement efforts to run on for years, it has proved difficult to challenge the prevailing assumptions about IP ownership.
Indeed, the idea that an IP right is a way of protecting creative effort has some way to go before it is universally accepted. Tat said, the Indian government and business community have made considerable strides in terms of providing educational resources and running information
campaigns about IP rights and, as the country continues its economic development, it’s clear that things are improving for brands and other IP owners.
Continued economic development may ultimately help to answer many of the questions that IP owners continue to have about India. Te more India creates, and the more it makes its presence felt on the international stage, the more the principle of rewarding creators and protecting creations should entrench itself in the country. Tere are things leſt to do, but India seems to be on the right track.
www.worldipreview.com
World Intellectual Property Review September/October 2012
65
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