Indian Copyright Law and Anti-circumvention Provisions: Can a Please-all Regime Meet the Global Yardsticks

Abstract

Indian Copyright law, which has been in existence for more than 165 years, is on the verge of a major transformation triggered by rapid advancements in technology. In 2012, the law was amended to incorporate the Technology Protection Measures (TPMs) mandated by the World Intellectual Property Organization (WIPO) Copyright Treaty.

This article examines in detail various provisions of the amendments on TPMs in the light of the WIPO Treaty, Digital Millennium Copyright Act provisions and the EU Copyright Directive. It explains the rationale behind the unique provisions under the amendment, the various internal and external factors which influenced the Indian policy makers, compatibility of the Indian provisions with global practices and the approach of the judiciary, which is going to play a crucial role in cases involving protection of TPMs.

The article seeks to highlight the manner in which Indian policy makers have tried to use the flexibilities available to draft legislation which has the potential of protecting the public interest without compromising the rights available to the copyright owner.