Stronger Enforcement Provisions Against IPR Infringement Needed : CJI NV Ramana

Speaking at the National Seminar on adjudication of IPR disputes in India, the Chief Justice of India NV Ramana on Saturday said that there was a need for stronger action against acts of infringement of intellectual property rights."Provisions for stronger enforcement and action against infringement are the need of the hour", CJI Ramana said.He also pointed out that the the vesting back of IPR jurisdiction in High Courts from IPABs has come at a time when the system is overburdened with backlogs. In this context, the CJI stressed the need to improve judicial infrastructure, and reminded that he had been actively pursuing this cause with the Government since the time he has assumed office. It may be recalled that the CJI has been advocating the creation of a separate statutory body - National Judicial Infrastructure Corporation- for undertaking the development of judicial infrastructure. "These new and 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 and more talents into our fold.Judicial infrastructure needs to be improved. Unfortunately, we are not even meeting the basic minimum standards in this area. It has been my endeavour since assuming the office of Chief Justice of India, to put in place an institutional mechanism to co-ordinate and 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 of statutory authorities, both at the centre and at the states".The CJI pointed out that the Supreme Court has played a crucial role in IPR field. The judgment in Novartis case helped common man by ensuring that the price of life-saving drugs remain affordable."Today, India's position as the Pharma hub of the globe is largely attributable to the existing IPR regime", he said.The CJI also asserted in his speech that the Indian Judiciary is absolutely independent & always treats all parties equally and equitably"."When I visited Japan in 2016 to attend a conference on IPR, I was repeatedly asked by the entrepreneurs as to how investor friendly the Indian judicial system is. In fact, whenever I travel abroad, from a cross section of hosts, I keep getting similar queries. My answer has always remained the same; that the Indian judiciary is absolutely independent and it always treats all the parties equally and equitably"The CJI ended his address with an advise that while adjudicating IPR disputes, contemporary claims must be balanced against the sustainable interests of the future generation."My 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", he said.Chief Justice of Delhi High Court DN Patel, Justice Prathiba M Singh, Delhi HC judge, Union Finance Minister Nirmala Sitharaman also spoke at the function.Full text of CJI's speech :1. I am relatively a late comer to the world of Intellectual Property Rights. Though, I am a science graduate, in those days, the concept of IPR was alien to me. My limited understanding of the subject is based on a few cases which I have dealt with as a Judge.2. Intellectual property is a field of law which protects creativity and innovation. Its importance is also felt during the ongoing pandemic. Innovation, and that too quick innovation, has become the order of the day. With the onset of the pandemic, vaccines and medications had to be researched, trials had to be conducted and commercial scale manufacturing had to take place within a span of few months.3. When the future generations will look back; the past two years of pandemic will tell the story of human resilience and power of innovation.4. IPR touches every aspect of our life. From the food we eat, to the books and movies we enjoy, to the appliances and tools we use.5. IPR is not a new chapter in Indian jurisprudence.The earlier Patent Act of 1970 was framed with an objective; to provide a reasonable balance between adequate and effective protection of patents on the one hand; and technological development, public interest and specific needs of the country on the other.6. With the advent of economic liberalisation,the country's IPR regime has undergone a rapid transformation. This transformation was driven by the compulsions of integrating our economy with that of the world. 7. During the Uruguay Round of trade negotiations under GATT, the developed world pushed for mandatory inclusion of IPR in every sphere. Considering the fact that 99% of the global patents were held by the developed...

Stronger Enforcement Provisions Against IPR Infringement Needed : CJI NV Ramana

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