IP lawyers, INTA demand IP cell in police dept

The International Trademark Association (INTA) as well as India¿s lawyers specialising in intellectual property (IP) rights, are stressing on the need to create a separate cell in the police department to curb IP-related crimes.

The creation of an IP cell is likely to be part of the report to be submitted by the IP practitioners and INTA. The report will contain industry as well as experts¿ suggestions for the proposed amendment in the Trademark Act 1999.

Experts also say that there is an urgent need to train officials and consumers regarding the IP laws and how to identify counterfeit and pirated products. Shockingly, the experts also observed that the awareness regarding IP laws and ability to differentiate a counterfeit from an original product is much lower among government officials than an average consumer.

Jatin Trivedi, a noted trademark and patent attorney from Ahmedabad-based law firm YJ Trivedi & Co, told Business Standard, "There is an urgent need to create awareness among consumers and government officials on the IP laws. They should be properly trained to identify a counterfeit. The shocking fact is that the policemen's ability to differentiate a pirated product from an original is much lower than an average consumer."

"The lack of a proper department for curbing piracy is also a major issue. Developed countries like the US have separate cells for tracking and curbing counterfeits and piracy. These cells are a part of the police departments. These cells have trained police officials who can identify counterfeits and carry out raids and take prompt action. We will suggest the creation of such a cell in police departments," Trivedi said.

He added that the IP practitioners and the industries concerned will submit a report for amending the Trademark Act-1999 which is being amended.

A regional round table discussion was recently held by INTA in Ahmedabad to discuss the suggestions to be made for the amendment.

"As a member-based organisation, INTA is dedicated to protecting brand owners' rights and educating the public against the global threat of illegitimate goods and their harmful impact on consumers and the economy. Through such programmes, we want to highlight the costs, risks and threats posed by counterfeiting and piracy." said Simran Daryadani, representative of INTA.

Talking about the worst affected sectors, S K Shah of legal & company affairs department, Paras Pharmaceutical Ltd, said, "Pharmaceutical, cosmetics, packaged water, other FMCG, software and garment industries are the worst affected by piracy." Gujarat being the hub of pharma companies it is all the more vulnerable to counterfeiting.

According to INTA figures, the economic costs of counterfeiting and piracy are thought to exceed $100 billion per year. Around 7 per cent of the drugs were found to be counterfeits in India.

India accounts for 35 per cent of counterfeits produced globally and of that 70 per cent of the pirated goods are manufactured in Delhi. Indian companies lose revenues of around Rs 4,000 crore due to counterfeit products annually.