Examining the IP enforcement scenario in India

By Manisha Singh Nair, Lex Orbis

Acquisition of IP rights is of little use if such rights cannot be exploited to their full potential. The effective exploitation of such rights is pertinently necessary in view of the influx of brands and products into the market. As the variety of goods available is on the rise, the numbers of fake imitations are also significant.

India, awakening to this rampant misappropriation, is continually strengthening its intellectual property enforcement mechanism. Owners of intellectual property in India are increasingly taking active steps to protect their assets – both tangible as well as intangible. This is reflected not merely in the rising number of IP registrations but also in the fact that both Indian and foreign corporations having a market in India are now keeping a keen eye on their products, processes, marks, advertising campaigns, packaging and so on.

Manisha Singh Nair, Lex Orbis
Manisha Singh Nair
Lex Orbis

Upsurge of fakes

With the development of reproduction and broadcast technology, there has been an upsurge in the number of “pirated” works on the market. In this regard, the software industry seems to top the list, with companies suffering losses amounting to over 29% of their total market share. The entertainment and software industries, being the hardest hit by piracy activities, find the copyright law by itself insufficient in countering these activities. Also, the advent of fake or “counterfeit” goods of very low quality that aim to take advantage of the reputation of a well-known product has become a point of concern for enterprises operating in India. The same is also true of patent and designs where unprecedented violations to right holders are taking place.

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Manisha Singh Nair is a partner of Lex Orbis, an intellectual property practice law firm headquartered in New Delhi.

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