Enforcement & Adjudication

Enforcement and Adjudication

To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements

IP rights are essentially private rights. The primary obligation of protecting IP rights is on the IPR owners who can seek legal remedies for enforcement of their rights. Along with providing an effective mechanism for enforcement of IP rights, it is equally important to balance the rights of the public in a manner conducive to social and economic welfare and to prevent misuse or abuse of IP rights. There is a need to build respect for IPR among the general public and to sensitize the inventors and creators of IP on measures for protection and enforcement of their rights. At the same time, there is also a need to build the capacity of the enforcement agencies at various levels, including strengthening of IPR cells in State police forces. Measures to check counterfeiting and piracy also need to be identified and undertaken. In this regard, the definitions of “counterfeit trademark goods” and “pirated copyright goods” as referred to in the footnote of Article 51 of the TRIPS Agreement shall serve as the guiding principles. Regular IPR workshops/colloquia at judicial academies and other fora for judges would facilitate effective adjudication of IPR disputes. Multi-disciplinary IP courses/modules for other stakeholders are also needed. It would be desirable to adjudicate on IPR disputes through specialized commercial courts. Alternative Dispute Resolution mechanism may also be explored.

Objectives of Enforcement & Adjudication

    • Create awareness of the value of IP and respect for IP culture by: Educating the general public, especially the youth and students, on ills of counterfeit and pirated products; Engaging with all levels of industry, including e-commerce, in order to create respect for IP rights and devise collaborative strategies and tools; Sensitizing inventors, creators of IP on measures for protection and enforcement of their rights. Educating the general public, especially the youth and students, on ills of counterfeit and pirated products; Engaging with all levels of industry, including e-commerce, in order to create respect for IP rights and devise collaborative strategies and tools; Sensitizing inventors, creators of IP on measures for protection and enforcement of their rights.
    • Take strong measures against attempts to treat generic drugs as spurious or counterfeit
    • Undertake stringent measures to curb manufacture and sale of misbranded, adulterated and spurious drugs.
    • Public awareness as also legal and enforcement mechanisms, including technology based measures, will be reinforced to combat offline and online piracy.
    • Small technology firms will be supported in safeguarding their IP rights; for instance, support for IPR in ICT focus areas will be provided through easy to-use portals.
    • Assistance to smaller firms for protection of their IPRs internationally will be enhanced, such as Deity’s Support for International Patent Protection in Electronics and IT (SIPEIT).
    • Pursue incidents of misappropriation of TK, GR and TCE in other countries vigorously.
    • Licensing practices or conditions that may have an adverse effect on competition will be addressed through appropriate measures, including regulation of anti-competitive conduct in the market by the Competition Commission of India.
    • Licensing practices or conditions that may have an adverse effect on competition will be addressed through appropriate measures, including regulation of anti-competitive conduct in the market by the Competition Commission of India.

Objectives of Enforcement & Adjudication

  • Strengthen the enforcement mechanisms for better protection of IP rights by: Enhanced coordination between the various agencies and providing direction and guidance on strengthening enforcement measures; coordinating with and sharing of intelligence and best practices at the national and international level; studying the extent of IP violations in various sectors; examining the implications of jurisdictional difficulties among enforcement authorities; and introducing appropriate technology based solutions for curbing digital piracy; Working closely with state governments for establishment of IP cells for curbing IP offences; Augmenting manpower, infrastructure facilities and technological capabilities of the enforcement agencies and building capacity to check proliferation of digital crimes; Augmenting manpower, infrastructure facilities and technological capabilities of the enforcement agencies and building capacity to check proliferation of digital crimes; Providing regular training, including refresher training, for officials in the enforcement agencies at their academies; Encouraging application of technology based solutions in the enforcement of IP rights; Imitating fact-finding studies in collaboration with stakeholders concerned to assess the extent of counterfeiting and piracy and the reasons behind it as well as measures to combat it; Taking up the issue of Indian works and products being pirated and counterfeited abroad with countries concerned.
  • Facilitate effective adjudication of IP disputes through different measures including: Adjudicate IP disputes through Commercial Courts, set up at appropriate level; Creating IP modules including case laws for the benefit of judges who deal in IP; conducting regular IP workshops/colloquia at the judicial academies; Promoting ADRs in the resolution of IP cases by strengthening mediation and conciliation centers, and developing ADR capabilities and skills in the field of IP.

Enforcement actions are those taken by IP owners against the unauthorized use of their IP by infringing third parties. These actions, which must follow a strategic enforcement plan, aim at putting an end to concrete infringing acts as well as to repair the damage suffered. Furthermore, they may have a dissuasive effect as it shows certain proactivity by IP owners in protecting their proprietary rights which may discourage potential infringers.

There are different types of IP enforcement actions, which can mainly be classified into the following categories: initial enforcement measures, online enforcement, civil enforcement, criminal enforcement and customs enforcement.

While these actions are independent from each other, enforcement strategies often combine them, applying them in succession or, often, simultaneously.

https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Fact-Sheet-IP-Enforcement.pdf