An Indian court has issued an arrest warrant for Matthias Müller, chief executive and chairman of Porsche, the German carmaker, and eight other executives from the company.
Another case of German high-handedness where they show little respect to Indian partners, knowing they can rely on their legal system to side with them.
Whether the arrests will happen or not, this action by the Jaipur court is a strong signal that Indian companies have come into their own and will not allow themselves to be walked all over.
2. Reported on this blog was the case of Continental AG of Germany against Ideafarms last May where the Regional Court of Hannover had delivered injustice to the Indian company and ‘robbed’ them of a rightful compensation for unlawful use of their copyrighted software.
Given that a lot of noise was being made in Germany about the lack of enforcement of IP rights in India following the Enercon and Natco decisions, it was inevitable that Germany would raise those two matters during the bilateral talks scheduled with India between May 9 and May 11. As had been predicted before in the related post, the Indian government too found in the Ideafarms dispute sufficient diplomatic ammunition to face Germany.
As per a recent report from The Economic Times, in course of the meeting that had taken place between the Indian Commerce and Industry Minister Anand Sharma and the German Federal Minister of Economics & Technology Philipp Roessler, Sharma had raised concerns about the Ideafarms dispute and the manner in which it had been handled by the German court. He was assured that the German government would look into the matter and ensure a just resolution to the dispute.
While Indian information technology companies should, indeed, be encouraged to diversify into software products whose intellectual property they own and license, what recourse do Indian companies have, particularly the small ones, in case foreign parties , particularly large ones, violate their intellectual property? Is it possible for the government to fund the legal expenses of Indian companies defending their intellectual property abroad, once initial screening shows a viable case?
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