IP IN INDIA
authorities must recognise that a strong and balanced IP rights regime encourages both domestic innovation and knowledge diffusion through IP protection, international trade and technology transfer. Te solution lies in striking a balance between the two schools of thoughts. Te government can play role of mediator in balancing the interest of the parties.
What are the key weaknesses of IP enforcement in India, and how can they be rectified?
Problems include:
• Lack of awareness and knowledge of IP laws among stakeholders.
• ‘Too little, too late’ remains the problem with the enforcement agencies in India.
• Lack of IP-trained and educated enforcement officers.
• IP crimes not being treated as serious offences. Enforcement of IP rights is sometimes perceived as an encroachment on public rights by the media and public, making the judicial officers’ work even more difficult.
Tere have been considerable changes over the years, with India attracting foreign investment in every sector of the economy. Te enforcement authorities are being sensitised to the peculiarity of IP crimes and how they can harm consumers and economy. A number of programmes are being run by chambers of commerce to work with the police and customs authorities. Also, many states have set up special forces to deal with IP crimes. A nodal agency that can act as a link between IP owners and enforcement authorities can help to streamline the process of enforcement.
Does the judicial system give reliable, timely decisions? What needs to improve?
Te Indian judiciary has been proactive in recognising that IP needs to be protected in order to fuel innovation and protect consumers’ interests. Te Delhi High Court is the most IP-savvy court in the country and attracts most of the IP litigation. Not all courts are the same in terms of rendering timely decisions. Te courts in some states are reluctant to grant interim orders quickly, resulting in cases dragging and not progressing for many years.
In most courts, a trial can take several years to conclude. Te backlog of cases at the courts is
alarming. One estimate has put this at 40 million cases. Te courts are understaffed, both in terms of administrative resources and judicial officers. Tus, as a matter of priority, prompt appointment of judges and necessary staff to support their functioning can help to improve the environment.
Te courts need a case management system so that a small number of cases are fixed up in a day and can be decided expeditiously. A system that encourages e-filing of cases should be set up. Further use of IT in working of courts and maintenance of records will go a long way in rendering timely decisions. Te training of judges to keep them abreast with technological advancements is also an important area and required.
Given India’s emergence as a major force in the world over recent decades, is there a danger that IP protection is lagging behind?
Te reality is that while India has a growing middle class, there is an equal or higher number of people living below the poverty line. Tus, the government and judiciary have a tough task balancing public and commercial interests. While in the life sciences area there are decisions
40 World Intellectual Property Review Annual 2013
www.worldipreview.com
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