The MHRD Chair is under a mandate to conduct specialised IP training as part of its activities. To these ends, the Chair organised an IPR Training Programme for Judicial Officers of Rajasthan Higher Judicial Services on 9th and 10th July, 2011. The training programme was themed on “Enforcement of Intellectual Property Rights: Copyright and Trademark” The High Court of Rajasthan nominated 23 judicial officers for the two day event.
The objective of the training programme was to provide the judicial officers with a nuanced understanding of mechanisms on IP enforcement under the law and its implications in the Indian socio-economic context. While adjudicating cases involving IP infringements, one important point that the judicial systems across the world have kept in mind in the principle of balance. A fair trail is the underlying principle to provide a workable remedy to the plaintiff whose IP right has been violated. At the same time, the enforcement of IP must also be balanced against the vices of abuse of IP enforcement procedures or in situations where IP enforcement itself leads to distortion of fair competition and that which impedes innovation and creativity. This has been one of the perennial concerns for competitors and consumers alike. With the widening of the net of IP enforcement in the digital arena, which was hitherto unknown, it is questionable if new methods of copyright enforcement in the digital sphere are consumer friendly, just, fair and equitable. Further, IP enforcement interacts with access to medicines and knowledge in certain unique ways. The programme provided good fodder on some of the most critical issues concerning IP enforcement in India in the area of copyrights and trademarks. Drawing from the best of practising lawyers in India, the training programme received good feedback.
Judicial Officers attending the training programme
Mr. Rahul Beruar, Head-Copyright Enforcement, LKS, New Delhi
Resource persons interacting. From L-R: 1) Yogesh Pai, Coordinator MHRD IPR Chair, NLU-Jodhpur; 2) Mr. Nikhil Krishnamurthy, Senior Partner, KLaw, Bangalore; 3) Mr. Rahul Beruar, Head Copyright Enforcement, LKS, New Delhi 4) Adarsh Ramanujan, Associate LKS, New Delhi