ICC India – FICCI International Seminar on “Fighting Counterfeiting & Piracy”
December 1, 2006 – New Delhi

ICC India, in association with FICCI, organized an International Seminar on “Fighting counterfeiting and piracy” on December 1, 2006 in New Delhi. The purpose of this seminar was to discuss intellectual property protection in India, with particular emphasis on actions the government and business could take in the fight against counterfeiting and piracy. The seminar addressed key sectors, including films, music and business software and featured participation by Indian business leaders and IP enforcement officials from the Government of India. The seminar included an introduction to ICC’s BASCAP initiative – Business Action to Stop Counterfeiting & Piracy.

While inaugurating the seminar, Dr. Ashwani Kumar, Minister of State for Industry, said, “The government was devising effective strategies to counter the menace of counterfeiting and piracy.”

The TRIPs Agreement had mandated the protection of IPRs as an enforceable obligation on part of all the member States of WTO, Dr. Kumar said and added: “India has also ensured the establishment of an intellectual property enforcement regime in consonance with its international obligations. While provisions exist in law, we are equally conscious of the need to improve its effective implementation in both letter and spirit”.

Dr. Kumar said that fighting counterfeiting and piracy was particularly important because it entailed huge losses to owners of intellectual property with adverse impact on national economies and global trade. Quoting a recent study by the International Data Corporation, he said that a mere 10 per cent reduction in piracy in India could translate into 115,000 new IT jobs, pump in $ 5 billion as additional revenue and US$ 386 million as additional tax revenue for the economy.

Outlining the series of steps taken to address the issue in India, Dr. Kumar said: “In India, enforcement of Intellectual Property Rights is regulated through different agencies including the Customs, Police and Judiciary. The Copyright Enforcement Advisory Council headed by the Education Secretary has as its members, police chiefs of 21 States, besides other stakeholders. This is a national level body, recently reconstituted with a view to evolve effective strategies for enforcement of Intellectual Property Rights. Several State Governments have also created special IPR cells as well as appointed nodal officers.”

Efforts by the Government have also been complemented by strong initiatives from the private sector. A noteworthy campaign has been launched by NASSCOM against software piracy. Innovative measures like the setting up of toll-free lines to speed up the process of detection have also been launched”, he said.

Mr. Sudhir Jalan, Past President, ICC India, emphasized the need for capacity building and sensitizing state government administration/police/judiciary and public sector on management of the IP infrastructure and effective enforcement of IP laws in line with international standards of efficiency and effectiveness. There is also a need for strengthening of IP infrastructure and training staff of patent and other IP registration offices, creation of effective documentation systems and databases to speed up patent applications examination and processing and identification and use of International best practices for revamping our IP system.

He said the FICCI – National Initiative Against Piracy and Counterfeiting (NIAPC) has been set up with an objective to create awareness regarding the menace of piracy and counterfeiting and to take initiatives to fight this scourge. It aims to promote awareness of the dangers and consequences of piracy and to strengthen the capacities of the enforcement system in association with professional bodies, training institutions and concerned departments of the government.

Mr. Jean-Rene Fourtou, Honorary Chairman, ICC & Chairman of the Supervisory Board, Vivendi, also addressed the seminar, and discussed intellectual property protection in India, with particular emphasis on actions the government and business can take in the fight against counterfeiting and piracy.

Other eminent speakers were: Mr D C Gabriel, Managing Partner, Kumaran & Sagar, Mr. Ashok Gupta, Vice President, Hindustan Lever Ltd., Mr Guy Sebban, Secretary General, ICC; Mr David Benjamin, Senior Vice President for Anti-piracy, Universal Music, USA; Mr Raaja Kanwar, Vice Chairman, UFO Movies; Ms Janelly Fourtou, Member, European Parliament; Mr V J Lazarus, President, Indian Music Industry; Mr Manfred Gentz, President, ICC Germany and Mr Brian J Campbell, Director – Microsoft Corporation (India) Ltd