India, May 11, 2004 Nishith Desai Associates - Legal & Tax Counselling Worldwide

India continues anti-piracy fight with specialist crime unit

The Indian government has established a new copyright crimes unit in order to combat piracy. Over 20 state police departments have set up special IP cells, and the Calcutta police department has revived its defunct press cell. The revival of this cell was spurred on by complaints from manufacturing and IT companies that the eastern region has become a major hub for counterfeit products produced by extremist forces.

Raids over recent months have yielded a large number of pirated music and film goods. With counterfeiting technology becoming cheaper, more people can copy and sell pirated goods. Such copying hampers not only the revenue of production companies and government tax departments, but also impedes the progress of the music and film industry.

As the new units will specialize in enforcing IP laws, Deputy Commissioner of Police Soumen Mitra has stated that "to ensure the conviction of the culprits, our officers need to be trained and educated in the fundamentals of the laws relating to IP rights". The Calcutta police department is planning to hold training sessions in conjunction with organizations such as the Manufacturers' Association of IT, where officers will be given information on new developments and amendments to IP laws.

Counterfeiting can also be used to raise money for terrorist organizations (see Madrid attack may establish link between IP piracy and terrorism). Findings by international agencies suggest that militants in Asia generate capital by circulating fake money and pirated products.

Although India's IP laws comply with the Agreement on Trade-related Aspects of Intellectual Property, the enforcement of those laws has always been a major concern. With more IP cells being set up, staffed with specially trained police personnel, enforcement mechanisms are becoming well-organized and efficient.

Gowree Gokhale and Prerak Hora, Nishith Desai Associates - Legal & Tax Counselling Worldwide, Mumbai

 
© Copyright Globe Business Publishing 2004