The way Indian courts have been ordering blocking of websites in India for alleged intellectual property rights (IPRs) violations, it is apparent that Indian legal and judicial system has failed to cope up with the technological advances. Not only this, Indian entrepreneurs and IPRs owners have failed to understand how the Internet works and how to enforce the IPRs in a digital environment. Naturally, the fight against online piracy is already a lost battle for the entertainment industry of India.
Anti Piracy protection to entertainment industry of India from online mediums and websites needs techno legal solutions. A good combination of legal and technological measures is needed to effectively protect the IPRs of owners of movies, songs, digital contents, etc.
The problem in an online environment is that conflict of laws in cyberspace makes the laws of a particular country ineffective and useless. For instance, if a website hosted in United States hosts a pirated movie of an Indian producer, blocking of such website in India is only an insignificant part of the solution. Such blocked website can not only be accessed from India using proxy servers but it always remains accessible through out the world.
We at Perry4Law and Perry4Law’s Techno Legal Base (PTLB) believe that use of a DMCA notice to get the infringing material removed from such U.S. based website is a more reliable and permanent solution. We have been sending successful DMCA notices on behalf of our clients through out the world, including U.S. We have been able to get the infringing contents successfully removed from European Countries, Asian Countries, U.S., U.K., etc.
We have also provided our suggestions to U.S. Copyright Office regarding Small Claims (PDF) and Orphan Works (PDF). These suggestions can be appropriately used by Indian Government while formulating an anti piracy policy regarding entertainment industry of India.
The IP protection of entertainment industry of India on Internet, cyberspace and in a digital environment requires techno legal approach. Similarly, brand protection and management in India in an online environment is totally different form traditional approach. In many cases Indian entertainment industry stakeholders have used illegal means to get the infringing contents removed or temporarily unavailable. This solution is worst than the problem as it may land the entertainment industry in trouble.
We at Perry4Law and PTLB strongly recommend that laws of different jurisdictions must be followed while protecting the IPRs of Indian entertainment industry. IP protection cannot be effective if it is defective or based upon illegal acts or omissions. In case of doubt, it is always advisable to use the services of a good techno legal law firm of your choice.