Interviewed in the July/August issue of Managing IP, Justice Madan Lokur said: “I think every state should have its own court. I would like to push this issue but it really depends on the state.”

India has 28 states and seven union territories.

The Delhi District Court has set up a specialist IP court, with one judge dealing with up to 300 civil cases per year. The court also handles some 800 criminal cases; these come under the authority of the Chief Metropolitan Magistrate.

Lokur also said that foreign IP owners should “realize the ground realities” that exist in India: “Many people violating the law, particularly piracy, are very small people, so you can’t bring a giant to kill a pygmy, so to speak.”

He added: “Our film and music industries know the value of IP, others do not.”

The key elements needed to improve IP law in India are awareness, training and education, said Lokur: “I am talking about awareness not only among consumers, but also in law enforcement agencies, Customs, the police, prosecutors and others.”

Asked which have been the most important cases recently in India, he cited the Time Magazine case, in which punitive damages were awarded; the Amarnath Sehgal case over an artist’s mural; the Seagrams case on actual costs; and a recent ex parte decision involving Great Scot Whisky.

You can read the full interview in the July/August issue of Managing IP, available online.