Opinion: Resolving IP Infringement Cases Without Putting Burden On COURTS, OR, POCKETS!

 

Let us accept a fact. Seeking remedy in law is expensive, alike hospitals. And sometimes, you don’t want any solution because, either it would take years, or, you basically can’t afford it. It is like seeking a treatment. If you can afford, you would approach any Private Hospital. If you can’t, you won’t, and accept FATE, which could’ve been altered!

Now my proposal is, and you may call it maybe influenced from Arbitration, or otherwise! But first take this elementary example. If you find your IP online used by someone else, and if you can afford to approach any Attorney, or, a Law Firm to take any further action, viz. perpetual or interim injunction or ex-parte order or a decree against the infringer; you would! But if you can’t, you would just share with your friends or foes this grievance, and, move on. Correct?

So, My Proposal:

Appoint an Hon’ble Registrar/Judge, with a Team, in a Separate Court, that would work only ONLINE, means, strictly ONLINE; which would be alike INDRP or UDRP. They may act like Arbitrators, and would take those cases wherein the annual turnover or damages sought are of a certain amount (how this amount would be set or calculated, that the judiciary can only decide, I can’t); further, with Less Punitive Actions, Moderate Monetary Damages, and more often like cases resolved under the Domain Name Disputes; honestly, almost similar to that; the only difference being the Appeal. And I'm not re-introducing IPAB in different words!

Now, as most of the IP infringement cases are either sorted as ex-parte, OR, either of the party fails to appear/present the case, OR, never appeal further only, due to the reasons as mentioned above, or, they know they are standing on the wrong side and might lose; thus, this would help in the scenarios as mentioned above, but not restricting to, let’s say, wherein if someone has posted something online by taking someone else’s content, or, have published anything without taking the consent; then a Complaint/Petition Online along with the Affidavits & Exhibits can be filed (Example: let’s say related to persona rights, performance rights, literary content, picture, painting etc.). Thus, an online portal is built, like in the case of INDRP or UDRP. The person who is seeking remedy for the infringement (patent, trademarks, designs, copyrights), would apply there along with Affidavits & Exhibits with the Minimal FEES. This can be done by anyone following the given format. Now, this would be sent to the Respondent/Defendant. If in case, the response is not received, let’s say in 15 Days, then an ex-parte order would be issued, and if the defendant/respondent responds, then let the decision be taken by the hon’ble Registrar/Judge, strictly by going through the documentation submitted only. No Hearing!

Now, the person seeking remedy can share this order with the Social Media companies, or, Search Engines, or with the Publisher, or even with the Defendant/Respondent to stop using its IP, and to take further action, if in case it receives the order in its favour. And if the respondent/defendant doesn’t take measures in accordance with it, then the complainant/petitioner can send the report on the same ONLINE portal, and the Hon’ble Registrar/Judge can report to the appropriate authority to take further action! It is just alike in accordance with the UDRP/INDRP decision, the Registrar removes or transfers or doesn’t take any action w.r.t. the any domain name involved.

And if either of the party wants to appeal, then they can appeal to the, let’s say, Divisional Bench only.

This would reduce the burden on the Hon’ble Courts, and further give the chance to the people who cannot afford but want a legal remedy, to protect their rights. And this would save the cost of the counsels, whom not everyone can afford!

Think About It! Am I Wrong? Suggestions welcome on ipr@jpranavcip.com so that I can rectify it, if needed!😊

© Pranav Chaturvedi