Wednesday, December 10, 2014

National IPR Policy Of India And Technology Issues

Indian government is in the process of formulating the National Intellectual Property Rights (IPRs) Policy of India and preliminary formalities have already been completed in this regard. A group of experts have been brought together in the form of a think tank that would assist the government in this regard.

We at Perry4Law and Perry4Law’s Techno Legal Base (PTLB) welcome this move of Indian government and we wish and hope that the proposed national IPR policy of India would be released very soon. With the experts on the board, the proposed IPR policy would be drafted with best intentions and in the most appropriate manner.

We also hope and presume that the think tank would also consider the technology aspects of intellectual property rights while drafting the policy document. For instance, issues pertaining to domain name dispute resolution, cyber squatting, online copyright violations and their redressal, pirated TV broadcasting, industrial espionage, e-books, anti piracy redressal mechanism, online brands infringements and their management, international exhaustion of trademarkschallenges of new GTLDs, etc must also be considered while formulating the proposed national IPR policy of India.

Public awareness about IPRs protection and management in India is very low. At time companies and individuals take actions that are clearly illegal. Similarly, many times stakeholders are not aware that they are actually violating the IPRs of others. In many cases IPR protection under patent law of India is lost for improper handling of the product to be patented. Conflict of laws in cyberspace also requires compliance with laws of other jurisdictions to get appropriate relief.

IPR Helpdesk of Perry4Law has been spreading public awareness about IPRs in India and abroad since 2005. We believe that there is an urgent need to reform Indian IP laws keeping in mind the use and impact of technology upon them. The proposed national IPR policy of India also needs to cater technological issues of IPR in India. We hope the same would be achieved for the larger benefit of all stakeholders.