It is our pleasure to announce that the Law Firm Perry4Law is once again celebrating World Intellectual Property Day (WIPD) this year.[1] We wish to celebrate the WIPD-07 in a “different and holistic manner”. Thus, we have decided to celebrate “WIPO WEEK” every year starting from 20th April. The concluding day of the week would be 26th April each year that is the World IP Day. This celebration and Intellectual Property Rights (IPRs) Awareness Drive would be supported by IPR HELPDESK, ICT HELPDESK, ICT HELPDESK AND WTO and INTERNATIONAL TRADE SEGMENT of Perry4Law. These “unique initiatives” of Perry4Law are 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 keeping in mind the challenges of Electronic Era and Digital Millennium.

TOPIC OF THE DAY: THE MENACE OF COUNTERFEITING AND PIRACY

In continuation of our Intellectual Property Awareness Drive we celebrated the Second Day of the WIPO Week-07.[2] We covered the topic titled “The Menace of Counterfeiting and Piracy” in the Indian and global context. Participants showed their concerns over the present trend of Counterfeiting and Piracy in India and World Wide. There was a common consensus that Counterfeiters and Pirates are posing a big challenge for the economic development of various Nations and endangering health and safety of its citizens.

Mr. Praveen Dalal was emphatic when he claimed that with the advent of Information and Communication Technology (ICT) Counterfeiters and Pirates have acquired new skills and sophisticated methods that extend their reach to Trans-National Borders. Further, he stressed that this is a global phenomenon which requires global action. He also stressed upon the requirement of “Harmonised Standards” regarding IPRs all over the World.

While acknowledging the menace of Counterfeiting and Piracy as a global threat, Mr. B.S.Dalal suggested that “Public Interest” must also be kept in mind. He maintained that Counterfeiting and Piracy are also encouraged to some extent due to “unfriendly conditions” imposed by the IPRs holders. He stressed that “Commercial Interests” and “Public Interests” must be “Reconciled” so that the end user is not “forced’ to adopt the method of Counterfeiting and Piracy. He suggested that “Anti-Competition Practices” must be met with an “iron hand” by the Competition Commission. He also maintained that “Compulsory Licensing” must be permitted by various statutory authorities where the “Public Interest” is at stake. He also suggested that if the IPRs holders are fair to the “Public Interest Demands” they should be given full leverage so that they can enjoy their IPRs to the maximum possible extent.

Other participants suggested that we need a “Collective Expertise” to meet the contemporary challenges of IPRs. Fortunately, the IPR HELPDESK has been working to meet the mandates of “collective expertise” and an “ideal public-private partnership” base in India and it is covering the vexing issues of Counterfeiting and Piracy in India and Worldwide. At the same time, we are analysing various crucial issues keeping in mind the challenges of ICT. A “Special Section” has been incorporated in the IPR HELPDESK that will analyse the relationship of Intellectual Property Rights in India (IPRs in India) with the ICT and will provide a valuable insight about the challenges of ICT. IPRs in India cannot be kept aloof anymore from ICT and for their continued existence their protection in both real space as well as in an online environment is a must.

The participants also suggested that we must develop techno-legal measure that can protect IPRs in India in an online environment. A good combination of both technological and legal measures alone can provide a viable solution in the contemporary digital era. That requires “amendments” in various IPRs Laws of India so that they are compatible with the ICT requirements. Till now India has not taken any step in that direction and the same must be taken as soon as possible. It was “decided’ to approach Government of India in this regard by Perry4Law.

Mr. Praveen Dalal further suggested that the use of ICT is equally essential for e-commerce in India as well. E-commerce, however, has certain legal risks attached to its functioning. Hence certain precautions are inevitable as ignorance of law is no excuse.[3] Further, he cautioned that the liability of companies/CEOs may arise for:
(a) Privacy violations,
(b) IT Act, 2000, and
(c) Intellectual Property Rights violations.

He also suggested some precautionary measures for Companies and their Officials that must be taken to escape various civil and criminal liabilities arising out of violations of Intellectual Property Rights in the cyberspace.[4]

With this the second day of WIPO WEEK by Perry4Law concluded.

© Praveen Dalal. All rights reserved with the author.
* Arbitrator, Consultant and Advocate, Supreme Court of India.
Managing Partner-Perry4Law (First Techno-Legal and ICT Firm, New Delhi, India)
LL.M. Ph.D –Cyber Forensics (Pursuing).
Contact at: perry4law@yahoo.com, pd37@rediffmail.com

[1] http://www.bloggernews.net/16088
[2] The First Day’s discussion is available at http://legalsolutionsindia.blogspot.com/2007/04/wipo-week-07-of-perry4law-day-1.html . All the proceedings of WIPO WEEK by Perry4Law would be available at http://legalsolutionsindia.blogspot.com/ as we are “rearranging” the contents of other blogs.
[3] Praveen Dalal, “Legal risks of electronic commerce”, http://perry4law.blogspot.com/2006/01/legal-risks-of-electronic-commerce.html
[4] Praveen Dalal, “IP issues in cyberspace”, http://advocatepraveendalal.blogspot.com/2006/04/ip-issues-in-cyberspace-it-is-my.html