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| India proposes stringent laws for IP offenders |
| Joe C Mathew / New Delhi Mar 21, 2010, 00:06 IST |
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Audio-video piracy to be included under prevention of dangerous activities Act.
Can audio-video piracy be checked if it is brought under the stringent laws that deal with activities of bootleggers, immoral traffic offenders, drug offenders and goons?
In a recent submission to the office of the United States Trade Representative (USTR), the central government has said that it has urged state governments to explore the ‘desirability’ of having a legislation that covers all such activities.
The central government suggestion was to enact a law along the lines of the “Tamil Nadu Prevention of Dangerous Activities of bootleggers, drug offenders, goondas, forest offenders, immoral traffic offenders and slum grabbers Act, 1982” that includes video piracy as an offence.
The suggestion was one among the dozens of initiatives and plans stated in the submission, which covered legislative, administrative and judicial measures taken by the government to protect intellectual property rights (IPR) during 2009.
The submission said the government was proposing further amendments to the Copyright Act, 1957, to give performers more rights and incorporate provisions to protect the music industry.
The draft also highlighted the achievements of law enforcers and said IP infringement cases registered in India were on the rise. “The rules have become an effective tool for checking entry of pirated goods into India and have made enforcement of IP rights much easier for rights-holders.”
Luxotica, the Italian group of companies, was the first to file a notice under the IPR (Imported Goods) Enforcement Rules, 2007, to prevent import of counterfeit Rayban products in India. As against 28 cases of suspension of clearance of imported goods on account of IPR infringements in 2008-09, the number increased to 55 in 2009-10, the report said.
Though the submission is voluntary, India has provided its inputs to USTR as the country’s views will be considered while USTR prepares its annual Special 301 Report — a review of the global IPR scenario and its impact on US-based industries.
The Special 301 Report categorises countries under three separate heads — watch list, priority watch list and notorious — depending on how USTR rates the enforcement systems of its trading partner. India, along with 11 other countries, including China, Russia, Canada, Venezula and Argentina, is currently in the “priority watch list”.
This is the second time India is submitting its views to USTR. Though countries often give their views after the US comes out with its “Special 301” reports, it is the first time USTR has decided to invite submissions before it sits down to rate IP regimes across the world.
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