Only govt can check piracy

"The Asian mindset towards legal software and IP protection is not easy. While software piracy in Asia is around 54 per cent, in Vietnam and China it touches 92 per cent. When they hear software, most Asians think Microsoft and their immediate question is why should we pay for every programme we use when we are a developing nation and cannot afford all of it," said Tarun Sawney, director for anti-piracy, Business Software Alliance (BSA) Asia, Singapore.

"This mindset though should change, as it has in some countries like Hong Kong and Singapore, and governments should act on IP realising the overall economic potential it holds. The most important thing in checking piracy is the government will," he added.

He was speaking on 'Preventing IP Piracy: The Challenges' at the first session of Computer Law Association's (CLA) First International Asian Conference 2005 here on Tuesday.

The two-day summit which began on Tuesday and which will host discussions under the broad topic of 'Outsourcing and Entrepreneurships Goes Global: Legal Issues Affecting Technology Businesses in Asian Markets' is being conducted in India for the first time.

"The Indian judiciary is taking giant steps towards IP protection. One of the signs of this is that the proactive judiciary is passing stronger orders, creating fear among wrong doers. The awarding of damages makes civil action more interesting. The law is also working on absorbing the World Intellectual Property Organisation's (WIPO) Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) which will make it that much stronger," elaborated Pravin Anand of Anand & Anand, New Delhi.

Speaking on 'A Legal Strategy for Protecting IP Globally', he pointed out that the amendment of the Civil Procedure Code and the Patents Amendment Ordinance 2004 had made legal procedures concerning IP a bit easier.

Nevertheless, he urged the software industry to draft contracts carefully and consider patents for protection and not just rely on copyrights for the same.

Delivering the keynote address, Fali Sam Nariman, MP (Rajya Sabha), chairman of the Rajya Sabha sub-group on Telecom and IT Convergence and president, Bar Association of India said that though outsourcing came with mixed blessings it had the potential to make India a 'heavyweight champion' of the world.

"Recently, there is a lot of scepticism about the regulatory capabilities of the law. And the fact is, the law's attempts to regulate social systems have always had consequences. The law cannot catch up with technological innovations. Now it is not a question of convergence being regulated but how regulation can be adjusted to suit convergence. For IT and technology will keep on outstripping the law," he said.

CLA is a 30 year old non-profit organisation that prides itself on being one of the largest international organisations of IT law professionals. Attorneys get together at CLA meets around the world for education and the opportunity to network with one another.