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Indian State Government activates stronger Police System for Intellectual Property Crimes. - Lexinvent Pvt Ltd - IP Law Firm

 

13528229_528413740700024_1255051530937984369_oAfter CIPAM (Cell for IPR Promotion & Management) by Union Government in India, its now TIPCU (Telangana Intellectual Property Crime Unit) to properly enforce IPRs.

In the recent times, after Central Government in India has released IPR policy 2016, there has been a wide talk in the Universities, Industries and also in the public about the IPR creation, management and enforcement. Many debates have been organized in the recent past on the recent IP Policy and at large have applauded for this release. With this change, Indian IP offices have started separate facilitation procedures for start-up companies to speed-up the grant procedures and much more.

By the release of IP Policy, a new Cell for IPR Promotion & Management (CIPAM) has been created at the central government and started functioning. Now that the recently established CIPAM has taken shape and started functioning, we see everyday tweets from the “@CIPAM_India” about its functioning towards its slogan “Creative India – Innovative India”. Though, CIPAM’s role is not limited, but the enforcement activities of IPRs are not included with them.

In India there are several criticisms about the week enforcement of the IPRs by the authorities all these years since Patent Regime came into effect in 1995. Any registered owners of IP Right have to move to the court-of-laws for enforcement against its infringement through civil procedure. Though certain exceptions are there, the courts in India takes longer time in giving their final judgments and further it takes years together for a case to be taken to its logical conclusion.

Since past several years, with the increase in the Intellectual Property Crime in India, the music & cinema industry has effected a lot. In other areas, duplicate products are released to the extent that farmers are cheated with duplicate varieties of seeds & fertilizers. Medicines are often found to be sub-standard with different confusing and deceptively similar brand names.

In this paradigm, many industry groups have represented to the Central & State Governments to make a stronger and effective system to curb the Intellectual Property Crime in India.

However, in India, ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India and therefore, it is the primary duty of the State Governments to prevent, detect, register and investigate crime and prosecute the criminals.

With the active steps of the newly formed State Government of Telangana (Indian 29th State), have established TIPCU (Telangana Intellectual Property Crime Unit) to monitor and take necessary action in relation to the crimes of Intellectual Property. A recent G.O. Ms. No. 124 by the Home (Police) Department dated 22-06-2016 is released to bring the effective implementation of TIPCU in the state. A senior Police Officer in the cadre of the Additional Director General of Police, Crime Investigation Department (CID), TS, Hyderabad, shall take all necessary steps to designate officers to receive, register, investigate, detect as per existing Laws on receipt of complaints. He shall also supervise and guide all stakeholders to achieve the goal of this order.

With the above implantation of TIPCU by the Telangana State Government, this will also be followed by other State Governments to effectively implement and curb the Intellectual Property Crime on India soil which is a welcome move praised by all the sectors.

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