Increase capacity building; training of judiciary
One of India’s biggest challenges is to protect brands amidst illegal trades while there is an urgent need to increase capacity building and training of judiciary in order to expedite cases related to economic offences.
While India’s ranking on the Ease of doing business index improves, challenges to law and enforcement agencies increases among which the biggest challenge is to protect brands in the country, said D P Dash, Director General, Directorate of Revenue Intelligence.
“Today the use of cyber space for economic offenses has reached higher levels and ransomware attacks on financial sector is the major concern for Delhi Police,” added M M Oberoi, IPS, Special Commissioner of Police Special Cell, Delhi Police.
They highlighted some of the increasing concerns at the 5th edition of MASCRADE – 2018 held 1-2 November 2018 held in Delhi. MASCRADE 2018 (Movement Against Smuggled and Counterfeit Trade) was organized by FICCI CASCADE.
It was a step in the direction to ensure that national and international stakeholders can deliberate to identify opportunities for joint actions between government, private sector, and enforcement machinery to combat illegal trade, said the Federation of Indian Chambers of Commerce and Industry.
The conference looked at:
The economic consequences of mass counterfeiting, smuggling & piracy and the policies needed to deter this activity.
Contributed to an integrated vision of security and public safety.
Deepened the understanding of “grey markets” for smuggled, counterfeit and related pirated commercial goods and
Assessed the impact and tried to provide practical recommendations and effective strategies to mitigate this challenge.
The major reasons behind IP crimes being lack of sensitivity on trademark violation, low priority given to IP related crimes and lack of understanding of law. There is no second opinion that judiciary has a predominant role in addressing counterfeiting and smuggling.
Justice Arjan Kumar Sikri in his valedictory address stated that the laws should be deterrent enough to dissuade perpetrators from such activities.
“I am of the firm conviction that there is a great connect between economics and law. Judges have to keep in mind the economic implications, while granting injunctions in respect to counterfeiting and smuggling. To combat such crimes, judiciary must ensure speedy disposal of cases,” said Sikri.
The gathering deliberated on various issues such as global multilateral response to curb illicit trade; Holistic and sustainable approaches to brand protection; Leveraging Intellectual Property Rights for Economic Growth and Business Competitiveness; Need for a clear policy mandate having concrete elements to provide the impetus needed to contain illicit trade and other forms of economic offences; Fight Against Organized Crime in Illicit and Counterfeit Trade – perspectives from law enforcement agencies and judiciary among others.
A systematic treatment and persuasion by global community for stronger enforcement is needed to address this issue.
The conference was addressed by a host of notable international speakers from World Intellectual Property Organization (WIPO), INTERPOL, United Nations Office for Drugs and Crime (UNODC), Organization for Economic Corporation and Development (OECD), US Homeland Security, NBC Universal and captains from the industry across sectors. Notable senior government officials from DIPP, Department of Law and Justice, Central Board of Indirect taxes and Customs, Directorate of Revenue Intelligence and Police. fiinews.com
