Topic: Intellectual Property theft and infringement: Legal Strategies for protection.
In Intellectual property it is necessary to achieve success in today’s growing economy. It
consists of creative and innovative artworks, books, images, videography, and even symbolic
representations. Protection of this asserts is very important as it recognises the hard work of
the artist and maintains healthy competition among the competitors. IP theft is a principal
concern as with increasing amount of people coming on the digital platform, claiming
protection and prevention of their rights, ideas and work on the digital platform is considered
as a major challenge. Through this article we will be having in-depth understanding of ways
of prevention and other legal methods for protection of IP from theft and infringement.
Understanding Intellectual Property laws
Intellectual property law, has been constituted for protection of Patents, Trademark,
copyrights, trade secrets, and industry designs for the person who has executed the
right over the utilisation of their work within a stipulated time frame. Through these
rights the legislation which governs intellectual rights confers the producers and the
innovators with governs rights which enables them to generate profit from their
creative work. Thus, there main aim of IP is to promote an environment where
creativity and innovation can be flourished by identifying balance between the
investors and public at large.
By fostering a thriving community regarding the product, it would not only improve
but also increase the value of the proprietary features developed by free access.
Another strategy to protect the idea is to avoid collaborative ownership of Intellectual
property, though it would be beneficial in the long run but on the flip side
complications in managerial work can result in dispute.
Further the agreements with the employees should be drafted in such manner that
confidentiality and secrecy is maintained. A proper structure should be channelised to
identify loop holes or breach in the system at an earlier stage which would reduce the
risk of financial loss rapid mitigation. It is important to fine balance between
disclosing the adequate information and safeguarding the intellectual property rights.
It is also very essential to have a thorough selection regarding publication to
safeguard the ideas, and impression of the intellectual property of the firm.
In matter pertaining to copyright infringement any individual or organization that
infringes a copyright work may be charged with a legal action by the copyright owner.
The owner of a copyright has the right to seek remedies through accounting, damages,
and injunctions by filing a civil remedies case in any court with jurisdiction.
Further, no court may try any offense under the Act that is not a Metropolitan
Magistrate or a Judicial Magistrate of the first class. If an artificial legal entity, such
as a limited liability partnership (LLP) or private limited company, violates someone
else's copyright, both the company and everyone who, at the time the offense was
committed, oversaw or accountable to the company for the company's business
operations would be held accountable.
Intellectual Property litigation: recent developments
In cases were due to internet’s constant usage by a widespread audience it’s
accessibility, online infringement of intellectual property becomes very easy and
challenging for the advocates to prove it’s jurisdiction. In a recent judgment of 2021
“HK Media Limited and Anr v. Brainlink International Inc. they decided on
jurisdiction pertaining to jurisdiction in matter related to IP infringement with the
preview of cross-border disputes.
In the case of Samridhi Enterprises v Flipkart Internet Pvt. Ltd. & Ors, the court
defined the intermediaries' responsibilities under the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules")
was rendered by the Delhi High Court. The plaintiff further submitted that after giving
notice, the defendant did not remove allegedly infringing listings from their website,
in violation of the statutory requirements of the IT Rules.
The argument was further dismissed by the Court, which noted that an intermediary is
only required under Rule 3(1) of the IT Rules to publish its rules, regulations, privacy
policy, and user agreement prior to users being able to access its platforms. After a
complaint is received, it does not require the active removal of anything that violates
the law.
The Court additionally submitted that the intermediary's only obligation under Rule
3(1)(b)(iv) of the IT Rules is to notify the user to refrain from hosting, exhibiting, or
publishing any information that violates intellectual property rights. The Court also
made it clear that the intermediary is not required by the IT Rules to take any
particular action after receiving an infringement complaint, as this is merely a
suggestion rather than a legal requirement.
