Contradiction of courts?: MNC's coming to India to settle copyright cases

Discussion in 'Foreign Relations' started by Rage, Oct 18, 2010.

  1. Rage

    Rage DFI TEAM Stars and Ambassadors

    Feb 23, 2009
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    Is this a contradiction or what?

    While India's own deliriously slow judicial system struggles to give justice on time to its own citizens, and while the country continues to remain a thriving piracy hub for software and hardware alike, foreign companies are finding it an attractive destination to settle their own issues!

    MNCs coming to India to settle copyright cases: SC Judge

    PTI, Oct 17, 2010, 02.24pm IST

    MUMBAI: Many multi-nationals are finding India an attractive destination for initiating legal action in regard to Intellectual property rights because of reasonable costs of litigation and speedy disposal of cases (!!!), according to Supreme Court judge Justice Dalveer Bhandari.

    The perception that it took long time for legal matters to be settled in India is a thing of the past...the High Courts at Delhi and Mumbai are flooded with cases of Copyright and Intellectual property rights, Justice Bhandari said yesterday while inaugurating a seminar on 'Copyright Law'.

    "Many multinationals have turned to India to settle their disputes. Microsoft alone has 25 litigations filed in Delhi High Court," Justice Bhandari said.

    By and large, the executive in India had always implemented Judicial orders although it may have taken time to decide the cases. However, it has been a happy situation in so far as Intellectual Property Rights cases were concerned, the Supreme Court Judge said.

    Bhandari said the Copyright Act was introduced in India in 1957 by the Government as it wanted to protect the works of legendary poet Ravindranath Tagore. Since then, the Act has been amended five times, the last one in 1999.

    The proposed Copyright Amendment Bill 2010 is aimed at removing operational difficulties and takes into consideration ways to protect the misuse of modern technology and internet.

    Bhandari hoped that mechanism would be put in place for implementation of the Copyright Act.

    Both, nationally as well as internationally it was important to create conditions for recognition of intellectual property rights, he said.

    He, however, lamented that piracy was a global problem and had to be dealt with sternly. There were three types of piracy -- that of print, sound recording and films.

    Piracy, Bhandari said, had reached alarming proportions because of new technology and most countries were trying to meet the challenge of piracy by introducing laws to curb the menace.

    "Unauthorised use of original works should be stopped, as modern technology can create havoc if it is not brought under law. Respect for the genuine work is a must and there should be a change in the mindset not to use pirated goods," he said.

    "The copyright Bill needs to be more balanced with equal or right share given to the authors as well as the stakeholders," he added.
  3. pmaitra

    pmaitra Moderator Moderator

    Mar 10, 2009
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    EST, USA
    It would be nice to know if most of these MNCs are Indian based MNCs or foreign.

    For one though, I think all cricket related litigation must happen in India. The next Muralidharan should come to India to attest his bowling action and not go to Australia to someone that we have never heard of before.

    India will, however, have to streamline it's judiciary, deliver judgement quickly and turn this into an industry that can be exported.

    This is simply an amazing start!

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