Ameet Datta tells the story of a real life IP raid and explains why civil procedures are more enticing than criminal ones in the battle against pirates
It is the worst kept secret in Delhi. In the dense and bustling electronics market of Nehru Place, New Delhi, thrives a brisk trade in pirated software. Among the run-down buildings, thousands of CDs loaded with unlicensed software surreptitiously change hands for cash every day.
Individuals engaged in this trade take orders and call up associates who roam the marketplace with discs carrying illegal software. Transactions are swift and if one returns to the location of a past transaction the same day, chances are the seller has moved “shop” and simply melted away.
The marketplace is wary of intellectual property (IP) raids and is strongly organized into a traders association (as are other organized marketplaces). While efforts have been made at the association level to distance the marketplace from the piracy trade, little has changed with the exception of driving such trade underground, making it a more covert activity.
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Ameet Datta is a partner at Luthra & Luthra Law Offices where he specializes in intellectual property, media and entertainment law.
