“There is a need to improve the basic judicial structure. Unfortunately, we are not even meeting the basic minimum standards in this area.
Chief Justice of India
Image Credit source: pti
Chief Justice of India (Chief Justice of India) NV Ramana (NV Ramana) The Indian Express on Saturday lamented the lack of “basic minimum standards” of the basic judicial infrastructure in the country and the need to not only fill up the vacant posts of judges but also increase the number of judges in high courts for effective disposal of cases related to intellectual property. stressed. The CJI was speaking as the chief guest at the ‘National Seminar on Adjudication of IPR Disputes in India’ organized by the Delhi High Court here. Union Finance Minister Nirmala Sitharaman and several judges of various courts of the country were present in this seminar. “There is a need to improve the basic judicial structure. Unfortunately, we are not even meeting the basic minimum standards in this area. Since assuming the office of the Chief Justice of India, it has been my endeavor to establish an institutional mechanism to coordinate and oversee reforms in the basic judicial infrastructure.
Justice Ramana said, “Mere allocation of funds is not enough, but the challenge is to make optimum use of the available resources.” I have been urging the government to set up legal authorities at the central and state levels. I expect a positive response in this regard soon. He also reiterated his earlier message to investors from other countries that the Indian judicial system is investor friendly and is ‘absolutely free’ to provide justice to all. He said, “When I went to Japan in 2016 to attend a conference on Intellectual Property Rights (IPR), I was repeatedly asked by entrepreneurs how investor friendly the Indian judicial system is. In fact, whenever I travel abroad, I keep getting questions like this. My answer has always been the same, that the Indian judiciary is absolutely independent and it always treats all parties equally.’
Union Finance Minister said this
Union Finance Minister Sitharaman also said that the central government has encouraged start-ups as well as protected their IPRs, because only by ‘eliminating restrictions’, it is not possible to strengthen the start-up sector. Sitharaman said 28,000 patents were registered last year as against 4,000 in 2013-2014, and 2.5 lakh trademarks and over 16,000 copyright registrations were also done last year, which will have a “very strong impact” when they are in their own ecosystem. and start generating revenue.
About 90 percent settled so far
Delhi High Court Chief Justice DN Patel said intellectual property rights (IPR) disputes may seem private in nature, but they also involve public interest. He said that protection of intellectual property not only includes business opportunities, but also includes a sense of mental satisfaction of the creator. “IPR is not a simple subject, the area is undoubtedly complex, with no geographical boundaries. Undoubtedly, intellectual property disputes may seem private in nature, but in reality, in most cases, they also involve elements of public interest.’ Justice Patel observed that Delhi being the capital of the country has always been the center of IPR cases and statistics show that since the year 2000 till date, around 11,000 IPR cases have been filed and about 90 per cent of them have been disposed of so far. Is.
More than 80 percent of trademarks belong to domestic businesses
Giving a factual background to the issue, Justice Patel observed that the Intellectual Property Appellate Board (IPAB) was abolished and eventually, the Tribunal Reforms Act, 2021 came into force, which allowed High Courts to entertain appeals arising out of the subject. given the right to be heard. Justice Pratibha M. Singh, while making opening remarks on the ‘Vision of IP Division’, observed that the recent trend shows a rise in trademark and copyright cases and India is the largest creator of creator works due to its diversity. He said that it is a misconception that intellectual property is an elite field and only for the rich. He said that more than 80 percent of the trademarks are related to domestic businesses.
Delhi High Court gets 300 new patent cases after Corona
Justice Singh further observed that since the outbreak of the COVID-19 pandemic, the Delhi High Court has received 300 new patent cases and the parameters of the intellectual property regime show that the country is progressing. He said that India should try to improve its systems while improving its social and cultural values. The CJI also referred to the Corona pandemic in his address and said that Intellectual Property Rights (IPR) preserves creativity and innovation and its importance was realized during the Covid pandemic. Referring to the IPR matters being again placed under the jurisdiction of the High Courts, the CJI said it was done at a time when “the judiciary is already burdened with pending cases”.
However, it cannot prevent the court from performing its duty as per the requirement, he said. He said there is an opportune time to develop adequate capacities in high courts so that cases relating to intellectual property can be heard “effectively and conveniently”. He advised the stakeholders that while settling the claims related to intellectual property rights, a balance must be struck between contemporary claims and the long-term interests of the future generations. Judges, advocates and bureaucrats of the Supreme Court, Delhi High Court, various High Courts and District Courts were also present in this seminar.
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