India

IP Rights Enforcement Reform

The High Courts in Bangalore and Delhi recognize that they must lead the effort to protect IP rights in India, and they understand the potential benefits of establishing a reliable IP rights enforcement regime. The High Courts are working with ISDLS to design and help implement fast track processes and create institutions to protect IP rights in their respective jurisdictions.

The project focuses on implementing the following objectives in Bangalore and Delhi over the next 18 months:

1. High prioritization of IP cases among jurists, police and prosecutors;
   
   
2. Implementation of criminal justice fast track processes, including:
   
   -- Continuous criminal trials;
   
   -- Advanced case management procedures;
   
   -- Utilization of the plea bargaining statute; and
   
   -- Imposition of real penalties in IP cases;
   
   
3. Creation of special IP prosecution and police institutions;
   
   
4. Creation of fast track civil justice processes, with an advanced judicial case management function and an early referral to mediation or arbitration; and
   
   
5. Development of a private mediation capability to resolve IPR disputes.