THE LATEST DEVELOPMENTS AND TRENDS IN INTELLECTUAL PROPERTY LITIGATION
Author: Ayushi Singh, III year of B.A.,LL.B. from Lloyd Law College, Greater Noida, UP.
It is the era of digitalization and in the era of digitalization, knowledge and intellect are transforming into wealth through the innovation of ideas. The intellect of people may determine the future of the new modern era of the internet. Intellectual property is the right of the person to protect one's intellect and ideas for better creative advancements. The IPR is protected through laws of copyright, patent, trademarks.
The areas of intellectual property litigation are blooming nowadays due to online fraud, misappropriation, revealing trade designs and secrets, the whistleblower from their own company or the previous employees of the company/owner. The companies nowadays are technologically advanced and also keeping a check on the changing modern laws accordingly. Companies nowadays have a legal team to support in need of any modern law technicalities. The lawmakers through acts and bills ensure the protection of IPR.
The companies are focusing a lot on research development, claiming and owning patents. The lot of infringement of IPR has attracted the issues of patent complaints, and copyright infringement. Parties are often accused of fraud, revealing trade secrets, false and vague advertisement, infringing the laws patent and copyright, trademark infringement. The accused expect from insurers at least a defence even if they are not able to get indemnity for any loss or liability.
The trends that are shaping the beautiful landscape of IP at Global Level
Collaboration is combating e-commerce counterfeiters- the collaboration and merger of various e-commerce counterfeiters are creating space for the IPR at the global regime. It is helping as it has no territorial boundaries in jurisdiction so it is helping in protecting infringement of the intellectual property rights in cyberspace in the global arena.
Commercial licensing-the commercial licensing helped a lot in the cases of fraud, misinterpretation, patent and copyright infringements. It provided the license to e-commerce websites which helped in ease of business at the global regime in cases of online purchase and selling of products.
Blockchain– transformative technology which is a popular place to buy, store, and trade bitcoins. They are a kind of virtual money which are recent in technological developments on e-commerce portals which are helping a lot at the global level.
At the global level, IPR is emerging as the latest trends in the era of digitalization of the technology. The patent and copyright infringements at the global level should be just and properly determined. The cases are solved through arbitration and even through trials at international regimes as the technology is growing fast. The US and UK courts developing new and effective procedural laws and are committed to the effective and fast running of judicial procedures to attract the litigants. The courts provide speedily and cost-effective litigation is new advancements and are laudable in recent times. There are special courts to resolve the issues of IPR. There special are courts called patent courts. The arbitration is also in trend nowadays to save money and time. At the global level, some strict and laws protect one's intellectual are prevalent due to awareness and activeness.
IPR AND LITIGATION IN INDIA
Indian judiciary safeguards the intellectual property rights of the person effectively. The problem with the legal system is, it is slow and time-consuming so we can say that India is still facing issues of better legal precedents in the area of IPR. But in modern times with the digitization of courts, also the courts are curious and concerned about the issues of IPR. With better laws and legal enforcements, the IPR can be protected. Courts are providing injunctions against the offender.
In any civil action for IPR enforcement, the reliefs of permanent injunction, interim injunction, damages accounts and handing over profits, the appointment of the local commissioner by the court for custody or sealing infringing material or accounts, delivery up of goods and materials are provided.
The petitioner can also take criminal action in case of infringement of copyright, trademark, GI tags, stealing designs of software and hardware. i.e., FIR, filing complaint before a competent magisterial court with the application for the issue of search and seizure. Litigation in intellectual property rights in India is quite different.
The recent trends in India show impactful patent and trademark litigation. The industry of Litigation spiked after 2007. The High Court of Delhi and Bombay are the busiest courts to witness patent litigation in India. They have become a kind of hub for patent litigation in India which helped in a better future for the IPR. The precedents are attracting international forums on the issues of copyright and patent laws. The trials are also conducted in these matters, the fights over the patent and trademark laws have given important tasks to the judiciary and doing a great job in setting up new precedents according to new developments which have established India as the emerging and strongest enforcer of the IPR law.
Courts in India recognized the importance of curtailing willful infringement of intellectual property rights, granting punitive damages to the innovators. India approached the matter of IPR in very effectively and balanced nature as they granting ex-parte injunctions against the respondent and prolonged ex-parte injunctions are also at the same time frowned upon. India is trying to bring itself as an innovator and providing jurisdictions to courts who have a better understanding of IPR.
In a recent case, UTV Software Communication Ltd. &Ors, the Delhi HC came with the innovative idea of India’s first ‘dynamic injunction’ to combat online piracy. It enables the intellectual property right holders to avoid the difficult and long process of obtaining a judicial order in order of issuing blocking orders to ISPs.
The recent trend of patent issues are arising in pharmaceutical sectors, due to comprehensive research and production of generic drugs that attracted the attention of IPR laws in the pharmacy sector. India amended the patent act to grant the patent to products of the pharmaceutical sector.
The rate of issues of increasing infringement in intellectual property rights resulting in advancements and developments in litigation and also the procedural laws to combat the issues of IPR with the recent developments in technology and e-commercialization.
LATEST DEVELOPMENTS AND ADVANCEMENTS IN IPR LITIGATION
The recent developments in the courts and IPR litigation are blooming nowadays and are the highest emerging industry in the era of digitizing. The industry is expanding as there is an infringement of IPR in cyberspace. The countries are now developing and adapting IPR issues so that there should be faith and robustness in the protection of IPR. They are laws which provide the solution to the issues through special forums. The special and fast track courts are initiated to provide injunctions and loss of damages to the parties.
The trademark and copyright issues at the global level are increasing at an alarming rate the global forums are taking cognizance to protect one's intellectual property right at the global level. The development in litigation of IPR provides more confidence to the owner to create something unique and different.
Nowadays there is a whole new debate and conflict regarding domain names in cyberspace. It will be good to see certain advancements in technology laws to combat the issues of cyber frauds, misrepresentation, and infringement of patent laws. The encouragement to protect one's rights may help the companies and firms to develop more creative and effective domain names to avoid issues of copying and stealing.
According to the World Intellectual Property Organization (WIPO) report,2019. More than 1.54 millions applications of patent filings are from China, Japan-313,000 and South Korea 209,000., which increase the facets of IPR in litigation. Which means the intellectual property litigation is playing a crucial role in the global arena to protect the intellectual property rights of an individual.
The issues of piracy of software, apps and films, trademarks, patents are considered in the draft of national IPR policy of India. The government is providing online portals to file complaints. It promises to safeguard personality rights, protection and enforcement through the court system more easily and effectively. We can see a large no increase in trademark and intellectual property rights experts and specialist law professionals.
CONCLUSION AND RECOMMENDATIONS
IPR is extremely popular nowadays, we need to improve the laws to help the people in protecting their rights and it will help to grow them positively and effectively. The courts are taking measures of arbitration and even trials to protect intellectual property rights. The trends of the e-commercialization gave a boost in developments in the IPR regime. The courts and parliament are effectively working in the protection of intellectual property rights. The people can file the suits for injunctions and also criminal suits to protect the rights of people. The certain modifications in recent laws may help India to raise the bar at the global level. It will boost the morale of the people and India will shine as the other countries are already doing well. The idea of economic incentives may attract and encourage innovations to help in better cyberspace to the people. The advancement in technology led to advancements and developments in the litigation. There are courts which hear the pleas but Delhi HC and Bombay HC excel in the matters of IPR issues. They are doing a tremendous job and attracting international regimes in the arena of IPR issues.