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The department of industry and policy promotion is hopeful of finalising its proposals for amending the Indian Copyright Act (1957) by December-end, 2002 to strengthen the legislative framework for checking growing infringement of copyrights.

According to ministry officials the second and final meeting of the core group constituted for the purpose would be held after the monsoon session of Parliament. “We have set a target of finalising our proposals by the end of the current calendar year.”

The US-based International Intellectual Property Alliance (IIPA) is preparing a set of proposals on behalf of some sectors of the Indian industry for the department to consider. According to IIPA president Eric Smith, the proposals would be submitted to the core group, headed by industry secretary V Govindarajan.

The Indian Copyright Act was last amended in 1994. The amended Act was implemented on May 1995 with the main purpose of extending more effective protection to computer programmes, literary works and for the protection of all computer generated works.

According to officials, in the last seven years piracy has increased several times in all areas including pharmaceuticals, music, software, entertainment and publications. Internet piracy, which was unheard of till a few years ago, was also increasing in the country. “The idea of the new amendment Act is to take care of all problems which have come up and is affecting the industry.” While there are no estimates of revenue losses occurring on account of copyright infringement in the country, it is said to be running into several crore every year. Mr Smith said that his alliance had estimated a loss of $345.4 million to US companies due to copyright infringement in India. “The amount would be much higher in the case of losses suffered by the Indian industry,” Mr Smith said.
The amendment in the Copyright Act will have provisions for an effective legislative and administrative framework which could act as deterrents for infringement, officials said.

Mr Smith said that to create an effective enforcement regime, it was important to have strong political will to crack down on pirates. The police should have legal power and willingness to conduct secret raids and seize and destroy all infringing products, he said.

The punishment for piracy should be severe and criminal proceedings should be fast, he added.
Ministry officials said that all stakeholders including industry representatives, lawyers and other ministries were being consulted for firming up the proposals for the amendment Act.

 
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