June 20, 2019
EFFECTIVE AND STRINGENT IPR REGIME NECESSARY, SAYS FORMER CJI, JUSTICE MISRA AT PHDCCI
Former Chief Justice of India, Justice Dipak Misra on Thursday called for placement of effective and stringent IPR regime demanding that the creator of intellectual properties ought to be protected whereas their violators be punished strongly.
According to him, “IPR protection is critical to foster innovation and stimulate economic growth and development. To bring about lasting behavioural change, we need an approach that balances awareness about the benefits that can flow from IP rights and a strong regulation and protection with targeted enforcement measures, backed up with criminal sanctions against unscrupulous trades in counterfeit goods”.
Inaugurating a Conference on “Intellectual Property Through Collaborative Enforcement” under aegis of PHD Chamber of Commerce and Industry (PHDCCI) in collaboration with office of Controller General of Patents, Designs & Trade Marks, Department for Promotion of Industry and Internal Trade here today, Justice Misra further emphasized saying that India cannot afford to take its eyes off from counterfeiting, which is a huge problem in this part of the world. “It not only has a direct impact on the brand owners incurring heavy losses, but counterfeited and substandard goods, such as food items and medicines, also impact the population on a large scale”, he added.
Effective and stringent IPR regime is absolutely necessary so that the creators of intellectual properties are sufficiently protected for growth and expansion of such properties and their violators are dealt with equally stringent provisions of laws so that a suitable balance is struck within the society and economy as a whole, Justice Misra pointed out.
The Former Chief Justice also provided a prescription stating that a collaboration is required in coordinating IP enforcement at the national and regional levels. The contribution underscore the need for close collaboration between governmental agencies tasked with the enforcement of IP as well as cooperation with rights holders and the stakeholders, he further added.
“Fostering effective collaboration between stakeholders is the key to developing and implementing effective IP enforcement policies. But it is a time-consuming and continuing exercise. Relationships that are built must also be maintained. Collaboration among those engaged in the enforcement must adhere to strict and rational policies”, pointed Justice Misra.
Speaking on the occasion, Chair of Intellectual Property Appellate Board, Justice Manmohan Singh said that IPR laws have evolved in India since many decades and the Courts gave many effective and praiseworthy judgments on the matter. However, he felt that the essence of IPR laws should be that the rightful is protected and the wrongful is punished.
He hoped that in future effective IPR arrangements also evolve to keep the changing economic and social realities in mind and all stakeholders in the value chain emerge for a win-win situation.
President, PHDCCI, Mr Rajeev Talwar in his opening remarks demanded an IPR regime that is so effective that it takes care of all emerging economic and business realities including realities of digital and technological world and even intransient assets.
Among others who also spoke on the occasion supporting and endorsing an effective IPR laws and regime comprised Vice President, PHDCCI, Mr Sanjay Aggarwal; Additional Commissioner of Police, Economic Offence Wing, Mr Suvashis Chaudhary; Director, Symbiosis Law School, Noida, Prof (Dr) C J Rawandale; Dy. Controller of Patents and Design, Office of Controller General of Patents, Designs & Trade Marks, Mr N R Meena; Partner, United IPR, Mr S K Bansal and Secretary, PHDCCI, Ms Kanchan Zutshi.
Koteshwar Prasad Dobhal