Much More Needs To Be Done On IPR Front

New Delhi, April 26 | Updated: Apr 27 2004, 05:30am hrs
Indias growing recognition in information technology (IT) and high-end technology led to the need for intellectual property protection. Although a lot of changes in treaties, laws, procedures and physical modernisation have been underway, a lot more remains to be done, Pravin Anand of Anand & Anand said at a workshop on arbitration & mediation in intellectual property rights (IPR); dispute resolution in technology agreements jointly organised by the Federation of Indian Chambers of Commerce and Industry (Ficci), Institute of Intellectual Property Development (IIPD), Council of Scientific & Industrial Research (CSIR) and World Intellectual Property Organisation (WIPO).

Mr Anand said that a change in the present mindset pattern is critical in the prevailing situation. Mindset on damages is changing - but very slowly, he added.

He pointed out at some institutional roadblocks like judicial activism effect of legislative lethargy, spamming, protection of gene sequences, activism restricted to few courts and the need for quick legislation (JPC model not robust) as deterrents in this regard.

There is an urgent need for quick legislation as far as intellectual property and technology dispute resolution in India is concerned, he added.

Saying that innovative remedies may be used in useful combinations, he asserted that innovative methodologies could be useful to resolve disputes. It is like ayurveda, which works well with allopathy, he said.

Sharing his perspectives on Technology Collaboration and Licensing: contractual arrangements and areas of potential disputes, Dr Heinz Goddar, Boehmert & Boehmert, Munchen, Germany said that survival in a global environment is possible only if products maintain world-wide standards.

On patent license, Mr Goddar said that securing its exclusivity by appropriate IPRs with respect to a certain technology, trademark, design, copyright or trade secret is the first duty of any potential licensor.