My Articles Page !
Inaugural Speech on the Occasion of Judges Round Table on Intellectual Property Rights, Information Technology and The law on 16.02.2002.
I deem it a privilege to be present in your midst along with the high dignitaries on the dais. I express my gratitude and have no words to thank the dignitaries who have been kind enough to agree to take part in this two-day judges Round Table organized by the National Law School of India University in association with the Department of Information and Technology, Government of Karnataka. The two subjects selected for the deliberations are of very great importance having relevance on the present day. For that the organizers of the function deserve to be complimented.
You have just now heard the introductory address of Mr. Vivek Kulkarni, secretary of Department of Information Technology. He has in his speech dealt with the two topics for discussion elaborately and given a nice overview of the objectives of the Government of Karnataka. You have also heard the Hon’ble Home Minister under whose Chairmanship the State is going ahead in the world in making zero free zone in piracy. We will be privileged to hear our respected Chief Guest, his Lordship Hon’ble Mr. Justice B. N. Kirpal delivered the key note address and also Hon’ble Mr. Justice Santosh Hegde. As such, I do not propose to deal with the subjects in great detail. Further, to be fair and frank, I do not have much knowledge or experience in computers.
The development of the Information Technology industry is dependent on the legal protection and enforcement of intellectual property rights. Intellectual property rights concepts and tools are being used to protect legal rights of computer software since 1970’s. This development is a result of the legal system understanding and responding to the need to recognize and encourage creators and investors engaged, in this important activity.
Several legal luminaries, experts on the subjects and distinguished personalities from different walks of life are here as delegates to have deliberations in four sessions.
In Session – I, “ The Intellectual Property Rights under the WTO framework – Perspective of Indian initiatives” will be dealt with. Intellectual property rights include the patents Act, Trade Marks Act, the Copyrights Act, The Semi Conductor Layout Design Protection Act, 2000 and the Geographical Indications of Goods (Registration & Protection) Act, 1999.
The avowed object of WTO system is to bring down trade barriers among nations, promote protection of intellectual property through out the world and improve the welfare of the citizens of the member nations. At the heart of the system are the multilateral agreements, negotiated and signed by the majority of the nations of the world which contain the ground rules for international commerce and protection of trade and intellectual property rights. Indian became a member of WTO in 1994-95. India has taken several important steps to safeguard and promote intellectual property rights. Our Copyrights Act, 1957 as amended is a Comprehensive legislation providing protection for computer software. The patents Act 1970 (amended in 1999) also provides a comprehensive framework for protecting patens rights. Trade secrets are governed by the legal principles in line with the common law of united kingdom. Designs Act provides for the protection of integrated circuits. Only effective enforcement can translate words of all these laws into reality. The enforcing agencies should be reinforced with knowledge and equipment to prevent software piracy and ensure effective implantation of the laws. At the same time, we must ensure that the protection provided is not used against public interest. Thus there is need to ensure that intellectual property rights are not asserted over the existing ideas and knowledge such as traditional knowledge. Serious thought is being bestowed on establishment of Intellectual property Tribunals/ Technology Courts. Exchange of views in respect of the initiatives already taken and further initiatives required, and their benefits and disadvantages, is necessary for an Indian perspective.
In session – II, there will be deliberations on the feasibility of more effectively using the information and communication technologies, to aid the functioning of courts along the lines of Electronic Courts (E-Courts) in Singapore. E- commerce refers to all forms of commercial activities based upon the processing and transmission of digitized data and replaces paper based methods of communication and storage of Information. By the click of the mouse, one will be able to sell or buy goods, provide services or conduct business, thereby saving time and resources. This technology is now being fully used mainly in the private sector, banks and multinational companies. To my mind, the courts could also make use of its vast potential with great advantage. Information Technology plays an important role in improving the efficiency of judicial processes and enhancing transparency and access to information. Karnataka State is on the forefront and Bangalore is in fact the cyber capital of India. Our High Court is a pioneer in this area leading the way in establishing a digital Judicial information management system that will significantly enhance the efficiency of our courts. In the High Court and the other in Bangalore City, the process is almost under completion. Brother Justice Bharuka will elaborate on this aspect.
Unfortunately, by using information technology miscreants could also thrive. Though this evil cannot be prevented in full with the available technology, if the offender is booked, it can act as a deterrent to the would-be mischief mongers. The information Technology Act 2000 which provides legal recognition for transactions carried out through electronic data- interchange and other means of electronic communication (i.e. , E- Commerce), has been in force hardly since a year. Only by experience, we can correct and improve the system. In the technical session for Chief Judicial Magistrate/ Jr. Judiciary the various aspects of Copyrights law and combating piracy will be discussed.
I am happy that the organizers have taken the initiative to familiarize judicial officers on issues relating to intellectual property rights, information technology and the use of technology in Courts. As the law becomes more specialized in response to emerging economic and technological trends, it is necessary for judges to keep up-to-date on developments. I hope and trust that the participants will give valuable suggestions to the government to make suitable amendments in the concerned enactments dealing with intellectual property Rights in the light of our country’s obligations under WTO and to take appropriate and necessary measures to disseminate knowledge on Intellectual property Rights an also to ensure a more effective use of information and communication technology in Courts.
Once again, I thank the organizers and particularly Dr. Mohan Gopal for giving me this opportunity to share a few of my thoughts with the dignitaries on the dias and the distinguished participants. I wish good luck to the delegates and pray for grand success of this judges round table.
Jai Hind, Namaskara. 16.02.2002
