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IPR protection faces challenge: Srikrishna

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Posted: Feb 25, 2008 at 2341 hrs IST

Pune, February 24 With internet use growing tremendously, Intellectual Property Rights (IPR) issues are likely to come to the fore more frequently than in the past, presenting a greater challenge to IPR protection. “IPR issues prevail but they are more on the realm of theory than of practice,” said Justice B N Srikrishna, former judge, Supreme Court of India. He was speaking at the Judicial Colloquia-2008, organised by Bharati Vidyapeeth University’s New Law College, Kothrud, on Saturday.

The colloquia threw light on the international perspective of IPR and the challenges before India. Srikrishna highlighted many IPR issues that need to be tackled, related to copyright law, publishing, distribution and reproduction of innovation material.

He also spoke of the recent concerns over the lack of uniform international treatment of IPR and the difficulty of protecting innovations from imitation. “Much of the concern has focused on the developing world, particularly on the so-called ‘newly industrialising countries,” where patent and copyright laws have been weak or non-existent. Unauthorised expropriation of intellectual property is a matter of serious concern,” he said.

On the two basic challenges the internet posed to an intellectual property right administrator, Srikrishna said, “What to administer and how to administer? The first challenge will be met only when a general consensus is achieved about IPR issues online. While the special challenge is to strike a balance between the rights of the different players on the internet -content providers, service providers and access providers - without jeopardising the free flow of information,” he said.

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