Initiative to set up mediation panel on IPR in State soon

PANJIM: An attempt is being made to increase the awareness of Intellectual Property Rights in the State by the GCCI and a local media and lifestyle company. Over the next two months, musicians, artists, writers, event management companies, photographers, advertising agencies and other media will have a meeting with a Supreme Court counsel who will prepare a report and attempts will then be made to set up a mediation panel, which could be the first of its kind in the country. 

Jamshed Mistry, the Supreme Court counsel and Laxmi Maria Jenkins who recently conducted an IPR interactive session in the State said it was important this initiative takes shape given the present in the country. Responding to queries sent by the Herald via email he said the problem in India as in all other countries that have a very strong tradition and culture is that business is still considered to be conducted best in the “old methods”. The old methods of doing business had no inclination to understand management, intellectual property rights, strategy etc. If the business prospered it did, if it didn’t then tough luck. There could be many businesses run by different families in different sectors, for eg. Shah Stores for spices, Shah traders for automobile parts, Shah brothers for cloth merchants without batting an eyelid as to the ownership of the trademark. Now, with the influx of the global business and trade it has become difficult for the common Indian to sustain himself and his business on the national and international platform. Therefore, after economic liberalization reforms from 1991 onwards the businesses in the new domestic economy free from the control regime have seen new methods of protecting their interests. According to Mistry, in the last 20 years the interest in intellectual property rights (IPRs) have grown exponentially and the percentage of applications for registrations of various IPRs has doubled. However, IPR in India is still at a nascent stage. Ignorance of availability of IPR protection plays a bigger hand than just an urge to increase profits. 

The country, he said had stringent rules to punish anyone who violated the IPR rules. He said there were  comprehensive provisions of law under the Copyright, Trademark, Patent, Designs, geographical Indications, Protection of plant varieties, Semiconductors Integrated circuits and Biological Diversity Acts, which can be applied if cases of violations of Intellectual Property Rights. There are civil and criminal remedies, he said   available to an owner of Intellectual Property Under these Acts in case of violations. A suit for infringement can be filed by the owner of IPR or the criminal procedure can be set in motion by filing FIRs or complaints before the district magistrates, which may result in investigation, search and seizure, arrests and maybe after successful trial even conviction of the accused. Asked why conviction rate in the country was so low, he said convictions apply only to criminal procedures. Under the acts listed in the previous answer, there are civil and criminal remedies available for violations of Intellectual Property Rights.  There have been a large number of decisions from all courts in India in the area of Intellectual Property Rights. Convictions are possible outcomes of criminal complaints filed and successfully prosecuted.

Asked if there was a growing understanding of the importance of IPR among the next generation of Indian entrepreneurs, he said the understanding of the importance of IPR amongst next generation Indians was not growing exponentially by leaps and bounds so much so that all new entrepreneurs wanted to protect their Intellectual Property before they started conducting their business.  With regards to what the officials were doing to ensure that there was a better understanding of IPR, Mistry said “World Intellectual Property Day is celebrated on 26th April, every year. The Government and the office of the Controller of Patents & Designs and Registrar of Trade Marks and Registrar of Copyrights conduct various programs for educating the industry and professionals in the fields of Intellectual Property Rights”.  There are now training courses in various Universities and Colleges in the field of Intellectual Property Rights, which is open to all. The office of the Controller of Patents &Designs for legal professionals providing services in the field Intellectual Property (IP) laws. Non-Profit Organisations set up by Legal Professionals also regularly organise seminars and lectures on the Intellectual Property (IP) subjects.