Taskforce to check piracy on cards

Nepal Copy Right Office is planning to form a Joint Anti-Piracy Task Force including representatives from various organisations directly and indirectly affected by piracy and copyright issues to increase awareness of copyright among the business community and consumers, according to a draft action plan.

Similarly, the action plan has also envisioned an Anti-Piracy Promotion Fund with regular support from participating organisations of Joint Anti-Piracy Task Force.

The expression industry has to get its due recognition, said registrar at the office Bisu KC at an interaction organised by the US Embassy and Samriddhi Foundation, here today.

Joint secretary at the Ministry of Culture, Tourism and Civil Aviation Bishnu Raj Karki, appreciating the idea of the joint task force. He also suggested a formal advisory body under Nepal Copy Right Office to unify and guide the effort.

The ministry will support the initiative to save the expression industry and could arrange a national convention by the end of the fiscal year, he informed.
The expression industry’s contribution to the GDP stands at around 10 per cent in the developed countries, but the government has not yet recognized its contribution, Karki said, adding that the piracy has bleed the government coffer blue.

Music Association of Nepal has its own action plan to fight piracy, said immediate past president of the association Bhagwan Kumar Shrestha. "The association has both short-term as well as long-term goals, he said, adding that the plan includes awareness campaigns, stakeholders' self-initiation, monitoring and proper implementation of law in the short-term. "Likewise, in the long-term, he shared, "continuing the short-term plan for at least five years will help reduce piracy by at least 30 per cent."

The idea of intellectual property as private property has to be instilled in the society. Not only the creator, but also the government is losing out on taxes due to piracy that needs to be checked, Shrestha added.

Intellectual Property Right violation hurts revenue, creators

We do not hesitate to buy cheap CDs, DVDs or software that are pirated, as it has become common practice. But rampant violation of copyright has not only made the government lose millions in taxes but the original creators and publishers are also losing their economic and moral rights.

"One can find pirated CDs, Mp3 and DVDs on sale everywhere in the city," argues lawyer Baburam Aryal, adding that pirated software and unlimited downloads of songs and programmes is a violation of the rights of paternity and rights of integrity, apart from economic rights like royalty for the creative work.

It is not that there is no law in the land but it has become a common practice, he added. "The country also lacks a digital lab to prove violation of the Act."

The Copyright Act 2059 BS has taken the violation of Intellectual Property Right (IPR) as a criminal offence. Yet, the incidence of copyright violation has not come down, according to copyright registrar Bishu Kumar KC.

"The Copyright Registrar's office and Samriddhi Foundation are jointly working on to prepare an action plan to fight against infringement of copyright like plagiarism, piracy and unauthorised download as it cannot be controlled alone with the efforts of the government," he says, adding that people need to be made aware that violation of copyright is a crime.

However, SSP of Metropolitan Police Crime Division Devendra Subedi says that they are not getting complaints from either publishers or authors – the original creators – who are bearing the losses. "Since IPR comes under serious criminal offence, the police needs to receive complaints," he says, asking the publishers or original creators to come forward and complain. "Once the complaint is lodged, we will take action," he commits, citing examples of earlier cases when the police have successfully investigated and penalised Copyright Act violators.

Intellectual Property Right is not only key to protecting economic and moral rights of the creators but also important in increasing the country's competitive strength.

The more stronger the country is in protecting industrial property rights like patents, designs and trademarks, besides creative works like music and literature, the more a country can attract foreign direct investment.

The Global Competitiveness Index 2012 has listed innovation as one of the 12 pillars that measures a country's competitive strength. The 11 pillars — institution, infrastructure, macroeconomic environment, health and primary education, higher education and training, goods market efficiency, labour market efficiency, financial market development, technological readiness, market size, and business sophistication — have diminishing returns but the 12th pillar –– innovation –– is key and a country must invest sufficiently on research and development for innovation that can help strengthen the country's competitive strength.

It is no wonder that Nepal scored poorly in the 12th pillar, among all the indicators in the competitive index and lost its competitive strength, failing to attract foreign investment.

Call for national strategy to protect IPR

Law enforcement agencies' apathy has recently killed two people and some more have been blinded. The market is flooded with fake drugs but law enforcement agencies have no clue as to the protection of Intellectual Property Rights (IPR), experts said here today.
Speaking at the 'National Workshop on Intellectual Property Strategy for Nepal' organised by the Federation of Nepalese Chambers of Commerce and Industry (FNCCI) and supported by the American embassy and Microsoft, they blamed lack of awareness among stakeholders and consumers, lackadaisical approach of law enforcement agencies and lack of strict and up-to-date legal provisions to tackle such incidents that are becoming more frequent. "Law enforcement angencies should be trained in IPR as it's a technical issue," opined the experts.
"Though there are some acts -- like Copyright Act -- to protect manufacturers' and consumers' rights, these need reform," said Supreme Court registrar Dr Ram Krishna Timilsina.
He added that the present law was not strong enough to punish those involved in churning out fake products and causing irreversible damage to others. "Policy intervention is a must in such cases to protect the rights of consumers and the manufacturers," Timilsina added.
FNCCI president Kush Kumar Joshi said Nepal was lagging behind in the implementation of IPR. "Industries are hit hard due to lack of a proper and prompt action plan," he said.
Nepali IP laws need harmonisation in accordance with international laws and World Trade Organsiation (WTO) policy for preparing a national strategy to crack down on fake and pirated products.
"If IPR is properly monitored, Nepal's indigenous industries can be protected," said Randy Berry, Charge D' Affairs at the American embassy in Kathmandu. He also voiced serious concern over the fake medicines flooding in the market saying that these could cause a huge loss of human lives. "Around 60 per cent of the medicines in the domestic market is fake," he said adding that if IPR was properly addressed, health and education -- basic human rights -- could be protected.
Today's national workshop is a follow-up of last year's Global Intellectual Property Rights Academy's conference that was held in May 2008. The workshop today formed a draft of a National Action Plan to protect IPR -- creations of the mind, inventions, literary and artistic works, scientific works, symbols, names and images used in the industry, commerce and communication sectors.
"There are various issues involved in IP, like copyright, patent and trademarks," said Birat Thapa, chairman of the ICT Development Unit of FNCCI. Participants were of the view that awareness, enforcement and legislation are essential to the protection of IPR.