Remedies And Measures To Combat Counterfeiting In India Available Under Intellectual Property Laws:
It is evident that counterfeiting of products continues to be a bane to the Indian economy as well as the world-wide image of the country. Globalization has brought the positives of increased commerce and opened India up for direct foreign investment, which is excellent for the country’s economy. However,
India’s status as a low-cost manufacturing base also opens it up for use by counterfeiters as a prime location for the production of counterfeit goods both for domestic sale and export.
The owners of rights being more aware of their rights have now become more prudent and are swift in taking action. Various government agencies in cases of counterfeiting have taken action both on their own accord as well as upon receipt of a complaint, either from the private sector, the right owners or the consumers themselves.
As per the global counterfeit goods ranking, counterfeited drugs are at the top of the list with a market value of $ 200 billion. World over India is a leading manufacturer and exporter of high-quality generic and patent drugs. However, the TAXUD statistics released by the European Commission a few years back showed us the dark side by stating that 75 percent of fake drugs supplied world over had some origins in India .
The figures are bound to have increased considerably.
However, the health ministry in India has undertaken various steps to clamp down on the illegal trade such as launching a reward program in 2010, offering $55,000 to those who provide information about fake-drug syndicates amongst others. Important changes have also been proposed to the country’s IP laws such as the procedure stipulated by the Drug Controller General of India in January 2011,
which required an amendment to Rule 96 (manner of labeling requirement) of Drugs and Cosmetics Act. The proposed amendment made it mandatory for every drug manufactured in India to bear on its primary label Unique Identifier Code and 2D bar code by which anyone can verify the drug through an SMS.
II. MOVIES & MUSIC :
India’s famous ‘Bollywood’ film industry is the largest producer of films in the world. But larger is the challenge to tackle the piracy and counterfeiting threat that has the very existence of the industry at risk.
In 2010, AACT was involved in 301 hard goods (DVD) raids in Mumbai and 19 hard goods (DVD) raids across Northern India. In a bid to fight against piracy, producers have begun officially releasing movies online within days of its release . The producers hope that the low cost for high quality prints would lure people into officially buying such movies online instead of succumbing to pirated versions, most of which are of poor quality prints.
Music and movies are some of the industries worst affected by piracy in India.
III. ELECTRONIC & SOFTWARE:
The global counterfeit goods ranking list electronic and software counterfeits as close seconds to drug piracy with market values amounting to $100 billion and $ 58.8 billion respectively. In March 2011, the Hindustan Times reported that Nehru Place in New Delhi was a hub for pirated IT products and had been named by the US Trade Representative (USTR) as "among the world's biggest markets for pirated items"
housing over 1,500 shops, company distributors and retailers, dealing with all kinds of computer peripherals, hardware and software.
Piracy of books ranks 23rd in the global counterfeit goods list with a market value of $600 millions. Book piracy occurs in a variety of ways in the country, eg. unauthorized photocopying, unauthorized compilations in the form of course packs, pirated re-prints of trade titles,
and unauthorized and scanned copies of books (particularly in the scientific, technical and medical sectors) and the hosting of such copies on sites created and maintained by university students.
For more information on Counterfeiting in India please write to us at: firstname.lastname@example.org