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NEW
DELHI: The Federation of Indian Chambers of Commerce and Industry
(Ficci) has urged the government to impose exemplary "punitive
damages" in an effort to check rising incidence of counterfeiting
and piracy.
Ficci
has urged the government to evolve a system of "plea
bargaining/summary trials" in intellectual property rights
(IPR) cases to ensure quick redressal of such cases. These
measures, says Ficci, would act as a strong deterrent to counterfeiting
and piracy, and send signals to the international business
community of the seriousness of the government in IPR violations.
In
an urgent communication to the Department of Industrial Policy
and Promotion (DIPP), Ficci has said it should be ensured
that enforcement authorities impose "punitive damages"
on the offender who is caught selling/distributing /storing/and
trading counterfeit/spurious/pirated products.
The
punishment levied should be exemplary so as to deter any potential
offender from pursuing such activities. There should be separate
provision declaring the offences related to spurious drugs
as cognisable and non-bailable. This would also convey the
seriousness of the government in tacking IP violations to
the violators of IP rights as well as the international community,
Ficci has pointed out.
The
chamber has also proposed the setting up of a system of "Plea
Bargaining/Summary Trials." Such a system in IPR cases
would go a long way in ensuring quick redressal of such cases.
Alternatively, Ficci has proposed a separate quasi-judicial
body to handle IPR violation cases.
Ficci
also proposed the creation of "specialized cells in chambers
of commerce/industry associations" that can act as a
single window for facilitating redressal of IP-related complaints.
Subsequently, peripheral and regional cells could be created,
to support the central cell by collating, assessing, reviewing,
archiving and reporting the data related to piracy. These
cells could also provide periodic reports to the industry
concerned and government authorities, which could be used
for creating a database.
On
its part, Ficci has set up "National Initiative Against
Piracy and Counterfeiting" to create awareness regarding
the dangers and consequences of piracy, and is also engaged
in the capacity building of enforcement authorities. Since
the incidence of counterfeiting and piracy are on the rise,
Ficci feels that the government must act now and initiate
immediate action in order to strengthen the enforcement of
IPR in India.
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