Engaging with police for Intellectual Property Enforcement

Recently, I spoke at a seminar on counterfeiting and smuggling at the Police Commissioner’s offices in Pune, Maharashtra. Several aspects such as socio-economic impact, legal remedies, and enforcement procedures were discussed. This programme was organised by the Federation of Indian Chambers of Commerce and Industry (FICCI). Sanjay Kumar, Joint Commissioner of Police, Pune, in his address, underscored the dangers arising from counterfeiting and smuggling in the country, including the creation of a parallel economy (through black money), which was apparently more powerful than the real economy!

In 2014, FICCI released a copyright enforcement toolkit to inform the law enforcement officers about the debilitating consequences of counterfeiting and piracy on innovation and economy. The toolkit describes infringements in various fields (artistic and literary works, sound recordings, cinematograph films, software), criminal and civil remedies, and relevant legal procedures. FICCI has been promoting the toolkit around the country through training seminars and events. Interestingly, FICCI established the Committee Against Smuggling and Counterfeiting Activities Destroying Economy (CASCADE) in 2011 with a view to increasing awareness about the damage done by contraband, smuggled and counterfeit products to the nation’s economy.

In my talk, I highlighted the UK’s integrated and coordinated approach in tackling the menace of counterfeiting. In the UK, government departments (e.g. Ministry of Justice, UK Intellectual Property Office) and enforcement agencies (e.g. City of London Police, Border Force, HMRC) work closely to share intelligence and prevent the ingress of counterfeit goods into the country. To counter the effects of intellectual property crimes, the Police Intellectual Property Crime Unit (PIPCU) was launched in the UK in September 2013. PIPCU is a specialist unit, which protects the intellectual property rights of UK businesses in physical goods and online content. For instance, PIPCU maintains an Infringing Website List to keep track of copyright infringing websites.

In order to help innovators protect their intellectual property assets, the UK Intellectual Property Office has developed a tool, aptly named IP Health Check. Upon answering a series of questions, a customised confidential report containing a list of actions and relevant guidance is generated. An innovator could then use this report as a handbook whilst taking appropriate steps for the protection of his proprietary creations.

As the seminar came to an end, it became evident to me that stringent laws combined with rigorous enforcement were absolutely necessary to keep counterfeiting at bay. More power to the police!