1.Background and Objective
The National IPR Policy (“the Policy”) published by the Government of India on May 12th 2016 focusses on strengthening enforcement mechanisms for IPR infringement amongst its 7 principal objectives.
India has a TRIPS compliant, robust, equitable and dynamic IPR regime, and the Policy envisions an India where intellectual property protection leads to an increase in creativity and innovation, advancement in science, technology, art and culture, and protection of traditional knowledge and biodiversity resources.
The nature of IP crimes today spans the physical and digital domains. Trade mark and copyright infringement including counterfeiting and piracy are carried out by organisations that operate as a part of sophisticated criminal networks with global links. Technological advancement has created new benefits and opportunities to society at large. As we seek to move into an era where IPR reforms will drive creativity and innovation, there is an immediate need to act against outright counterfeiting and piracy.
The negative impact of rampant counterfeiting / piracy is far reaching on the country and on IP owners and stakeholders who depend on IP assets for their livelihood either directly or indirectly. The impact is economic and social, and results in huge financial losses to the exchequer as well. It is therefore imperative to build a conducive environment for IP owners to enforce their Intellectual Property Rights.
The objective of this tool kit is to provide a standardised ready reckoner for law enforcement agencies in India in relation to enforcement efforts against IP crimes, specifically trade mark and copyright counterfeiting and piracy. This enforcement toolkit contains
a. Details on offences under IP laws such as Trade Marks Act, 1999, Copyright Act, 1957 and applicable provisions of the Indian Penal Code, 1860;
b. Powers available to police for search and seizure under the IP laws and Criminal Procedure Code, 1973;
c. Checklists for registering a complaint, and for search and seizure operations in relation to IP Crimes.