A nation where the law should rule

India should be more than a land with laws. It should be a place where those laws are enforced, argues IP lawyer Akash Chittranshi

India is a “happening” territory for copyrights. Lots of copyrights are created and consumed and also, unfortunately, pirated in this jurisdiction.

The India Copyright Act is more or less in line with the international copyright regime except for the long overdue implementation of the World Intellectual Property Organization (WIPO) copyright treaties.

The law provides comprehensive means for enforcement of copyright including civil, criminal and administrative remedies. Indian copyright law makes piracy – infringement of copyright – an offence punishable with imprisonment of six months to three years and a fine of Rs50,000 to Rs200,000 (US$1,260 to US$5,040) or both. An action against piracy can, theoretically, be initiated by simply informing the police that it is happening.

The law casts a duty on the police to take cognizance of any report and instance of piracy and empowers officers to initiate ex-officio action.

Akash Chittranshi is managing partner of Akash Chittranshi & Associates, which specializes in intellectual property issues and piracy protection.