On Saturday, CJI NV Ramana said that provisions for stronger enforcement & action against infringement are the need of the hour & with start-ups coming up in a big way across the country IPR (intellectual property rights) field of law has become more relevant than ever before.
"Provisions for stronger enforcement & action against infringement are the need of the hour. Awareness campaigns, especially in rural areas, are required to be undertaken. There have been a few success stories like Darjeeling tea & Chanderi silk. These success stories need to be studied & replicated in other GIs (Geographical Indications) as well. With the start-ups coming up in a big way across the country driven by innovative youth, this field of law has become more relevant than ever before," CJI Ramana said at the National Seminar on the adjudication of IPR disputes in India in New Delhi.
CJI said whenever entrepreneurs & hosts around the world ask him as to how investor-friendly the Indian judicial system is, his answer has always remained the same; that the "Indian judiciary is absolutely independent & it always treats all the parties equally & equitably".
The CJI also said that with the advent of economic liberalization, the country's IPR regime has undergone a rapid transformation.
He added that "This transformation was driven by the compulsions of integrating our economy with that of the world. With the advancement of technology, we are witnessing more complex issues in litigation, be it in IPR, IT & other fields. The complexities involved demand assistance from experts & specialists in the adjudication process".
The Intellectual Property Division of the Delhi High Court & its functioning would hopefully serve as a model which could be replicated, the CJI further said in the event organized by the Delhi High Court.
He pointed out that the Top Court has played a crucial role in the IPR field & in a judgment it helped the common man by ensuring that the price of life-saving drugs remains affordable.
He said that "Today, India's position as the Pharma hub of the globe is largely attributable to the existing IPR regime".
CJI Ramana further said that his advice to the stakeholders is that, while protecting the interests of today, we must not lose sight of the bigger picture.
"This is where a judicial mind comes into play. While adjudicating the claims of intellectual property rights, you must balance the contemporary claims with the sustainable interests of the future generations," added the CJI.
He also said that intellectual property is a field of law that protects creativity & innovation & its importance has also been felt during the ongoing pandemic.
"Innovation, & that too quick innovation, has become the order of the day. With the onset of the pandemic, vaccines & medications had to be researched, trials had to be conducted & commercial-scale manufacturing had to take place within a span of few months. When the future generations will look back; the past two years of the pandemic will tell the story of human resilience & power of innovation," the CJI added.
He also pointed out that the vesting back of IPR jurisdiction in High Courts from IPABs (Intellectual Property Appellate Board) has come at a time when the system is overburdened with backlogs & stressed the need to improve judicial infrastructure.
"It is an appropriate moment to build sufficient capacities in our High Courts, so that intellectual property litigation can be conducted efficiently & smoothly. It is in this context that the seminar organized today is of significant value. These new & additional challenges can be effectively met by strengthening the High Courts. Not only do we need to fill the existing vacancies on an urgent basis, but there is also a need to increase the number of judges. With better service conditions we may be able to attract more & more talents into our fold," said the CJI.
He also said the judicial infrastructure needs to be improved but unfortunately, not even the basic minimum standards are being met in this area.
Justice Ramana added that "It has been my endeavour since assuming the office of Chief Justice of India, to put in place an institutional mechanism to coordinate & oversee the improvement of judicial infrastructure. Mere allocation of funds is not enough. The challenge is to put the available resources to optimum use. I have been pursuing the government for setting up statutory authorities, both at the centre & at the states. But unfortunately... It may be recalled that I have recently emphasized the need for continuous training & up-gradation of skills as one of the major challenges before the Indian judiciary".
The event was attended by CJI Ramana, SC Judges, Chief Justice of Delhi High Court DN Patel, Justice Prathiba M Singh & other judges of Delhi High Court & other High Courts & Union Finance Minister Nirmala Sitharaman.
Union Finance Minister Sitharaman said that India is at the stage where the focus on growth & development has to be strengthened on all sides. When the government thought to encourage start-ups, it also thought to give them support through schemes & policy to bolster innovation, she added.
The question to give enough support to the protection of rights through laws was also one of the areas the government worked on & thus it then removed the IPAB & passed the load to the High Court. In 2013-14 there were 4,000 patents that were filed & granted & now till this year it has increased to 28,000, Sitharaman said, adding that this shows the confidence which the patent holders have in the system, trademarks application have increased to 2.5 lakhs.
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