Intellectual Property Rights (IPRs) play an important role in the social, economic and cultural development of a society. Intellectual Property Rights in India (IPRs in India) are gaining lot of attention and importance in India. IPR Helpdesk of Perry4Law has been instrumental and decisive in spreading public awareness and coordinating activities regarding IPRs in India. IPR Helpdesk of Perry4Law has been continuously celebrating World IP Day each year in order to match Indian IPRs standards and norms with International requirements. This celebration and IPRs awareness drive has been supported by IPR Helpdesk, ICT Helpdesk, ICT Helpdesk and WTO and International Trade Segment of Perry4Law. These “unique initiatives” of Perry4Law aim at coordinating International and National IPRs efforts and expertise on the one hand and managing IP Development Issues related to the Development Agenda on the other. A Special Initiative against Counterfeiting and Piracy has been undertaken by Perry4Law keeping in mind the challenges of Electronic Era and Digital Millennium.
This year’s trend is as follows:
(a) Public Awareness and Harmonisation: Intellectual Property Rights (IPRs) in India (IPRs in India) consist of Copyright, Trade Marks, Patents, Designs, Plant Varieties, etc. With the adoption and ratification of TRIPS Agreement, India has to keep itself abreast of the International IPRs Standards and norms. This is a challenging task. The Information and Communication Technology (ICT) has also given IPRs in India a new meaning and shape. IPRs in the digital era require a totally different outlook and protection and the traditional methods are not effective for the same. IP issues in cyberspace bring with them certain additional rights and liabilities for both the owner as well as the person dealing with the same. IP issues in cyberspace must therefore be dealt with in a techno-legal manner rather than purely legal or purely technological manner. With this objective in mind, the first and exclusive IPR Helpdesk has been launched in India a few years back and the same is catering the contemporary Techno-Legal IPRs needs of India from a considerable period of time. IPR Helpdesk of Perry4Law is also providing IPRs Trends in India.
(b) Fight against Counterfeiting and Piracy: The year 2007 saw some good initiatives in the direction of prevention of counterfeiting and piracy in India.[1] For the first time the issue of counterfeiting and piracy was discussed during the “WIPO Week-07”[2] in a holistic and techno-legal manner. The feedback of WIPO Week[3] also saw a balance between the proprietary rights and public interest while recognising the menace of counterfeiting and piracy in India and worldwide. A resolution to fight against the same was also adopted during the week.
(c) ICT and IPRs in India: There is an inevitable relationship between ICT and IPRs. India witnessed some good steps in this direction by strengthening IPRs in India through ICT.[4] India was also recognised as an “International Search Authority”. Perry4Law’s Techno-Legal Base (PTLB TM/SM) also supplemented this initiative of Indian Government by committing to extend its expertise for e-filing and other matters. Further, IPRs protection in India also got mention and support in the ICT Trends in India-2007.[5]
(d) IPRs and Entertainment Industry: The Entertainment Industry in India also showed interest in protecting its IPRs.[6] The segments like Television, Radio, etc showed their growing interest in IPRs and their protection in India.
(e) Techno-Legal Protection of IPRs in India: An important and original concept that originated during the year was “Techno-Legal IPRs Protection in India”. This assumed importance due to the “Digital Millennium Requirements” and other “Techno-Legal Requirements” arising out of the contemporary ICT era. A Techno-Legal Analysis of Intellectual Property Rights in India was suggested to strengthen Indian Government with contemporary policies and strategies necessary to deal with issues arising in the electronic era.[7] India needs Techno-Legal Platforms like PTLB TM/SM to continuously deal with these issues.[8]
(f) Semiconductor Protection in India: The year also saw some good steps in the direction of Semiconductor protection in India. This also increased the level of domestic as well as international investment in India. India’s semiconductor and electronics manufacturing policy also contributed a lot in this regard.
(g) Bilateral agreements and MOUs: India also entered in various bilateral agreements and signed certain memorandum of understanding (MOU) with countries like Switzerland for safeguarding IPRs on a mutual basis. Technology transfer also came into limelight during some discussions.
Overall 2007 was a busy and interesting year for India. India needs a good initiative for meeting the “Techno-Legal Mandates” of IPRs. Further, counterfeiting and piracy must also be taken seriously and sternly. Let us hope that the year 2008 would take care of these issues.
© Praveen Dalal. All rights reserved with the author.
*Techno-Legal ICT, IPR and Cyber Security Specialist at PTLB TM/SM
Managing Partner-Perry4Law (First Techno-Legal and ICT Law Firm, New Delhi, India).
LL.M, Ph.D (Cyber Forensics in India: A Techno-Legal Perspective).
Contact at: perry4law@yahoo.com , pd37@rediffmail.com
[1] Praveen Dalal, “ The Menace of Counterfeiting and Piracy in India”, http://www.bloggernews.net/16196
[2] Praveen Dalal, “ WIPO Week-07 by Perry4Law”, http://www.bloggernews.net/16088
[3] Praveen Dalal, “ Feedback of WIPO Week-07 by Perry4Law”, http://www.bloggernews.net/16874
[4] Praveen Dalal, “ Strengthening IPRs in India through ICT”, http://reclaiming-india.blogspot.com/2007/07/strengthening-ipr-in-india-through-ict.html
[5] Praveen Dalal, “ ICT Trends in India-2007”, http://reclaiming-india.blogspot.com/2007/12/ict-trends-in-india-2007.html
[6] Praveen Dalal, “ Entertainment Industry in India: A Techno-Legal Analysis”, http://reclaiming-india.blogspot.com/2007/07/entertainment-industry-in-india-legal.html
[7] Praveen Dalal, “Techno-Legal Analysis of Intellectual Property Rights in India”, http://reclaiming-india.blogspot.com/2007/06/techno-legal-analysis-of-intellectual.html
[8] Praveen Dalal, “ India needs Techno-Legal Platforms like PTLB”, http://reclaiming-india.blogspot.com/2007/05/india-needs-techno-legal-platforms-like.html
