Copyright fight lost in Russia and India

They "have become so difficult to navigate" that the Business Software Alliance has abandoned its enforcement programmes in those jurisdictions.

Published on 30th November 2016

Russia and India have become so difficult to navigate that the Business Software Alliance has abandoned its enforcement programmes in those jurisdictions, attendees heard at the 2016 BRICS IP Forum in London.

Speaking at the forum, Sarah Coombes, managing director for Europe, the Middle East and Africa at the Business Software Alliance (BSA), said that copyright enforcement can be difficult for rights holders in certain jurisdictions.

Coombes revealed that the BSA has received up to 20,000 reports of piracy annually and has engaged in 7,000 legal cases and actions over the past year.

Looking at BSA’s enforcement actions by country, Coombes said that Russia has become “a more and more challenging market” when engaging in enforcement actions.

“Russia has become a very difficult commercial market for us, we are finding that IP rights are no longer a priority for law enforcement. Official case statistics for this year and last are reflecting that the number of IP infringement cases initiated, brought to court and resolved continues to decrease each year.”

“It has been so painful that our members have decided they do not want to be part of an enforcement programme in Russia, and as a result, we have had to close the programme. It is not longer a market the BSA wants to cover.”

Coombes also turned to India, stating that it was a “very similar market to Russia”.

“In our experience, the courts take too long, it’s too cumbersome. So once again a decision has been made to close the programme there,” she said.

“The biggest problem is that threatened litigation is not a ‘threat’, we do not want to become involved in long-term litigation.”

“We will still engage in educational activities in India, but enforcement is no longer a priority.”

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