Changing for the better

Dear Madam,

I had the opportunity to read the Spotlight article – Stepping up the fight – in your November issue.

I agree with the views of Gaurang Kanth, the managing partner of Kanth & Associates, that there are sufficient statutory provisions in India for the protection of IP rights and that punishments for infringement are very stringent compared to other countries. However, I believe that what is lacking is awareness. The work of bodies like NASSCOM, FICCI and CII is appreciable in increasing such awareness. I also agree with Sheetal Chopra, head of IP at FICCI, that customs and police departments have a vital role to play in the enforcement of IP rights. However, things are difficult for these departments due to a lack of specialized/trained staff in the field of IP.

It has been rightly noted that in India civil action for infringement is more common than criminal action. I believe the reason for this is the willingness of courts to provide fast injunctions, especially interim injunctions. Your article points to an increase in the number of infringement cases being heard by the Intellectual Property Appellate Board. I see this as a welcome sign that parties are becoming more aware of the need to enforce their IP rights.