FICCI-KAS Di­a­logue Se­ries: 'Rule of Law: Strength­en­ing Indo-Ger­man Ties – IPR and Le­gal Co­op­er­a­tion'

'Rule of Law: Strength­en­ing Indo-Ger­man Ties – IPR and Le­gal Co­op­er­a­tion'

FICCI Business Digest - - Contents -

Ad­dress­ing an em­i­nent au­di­ence of le­gal ex­perts, In­dian in­dus­try and academia, Jus­tice Prat­i­bha Singh, Guest of Hon­our for the Delhi edi­tion, called for cut­ting-edge in­tel­lec­tual prop­erty, that is where co­op­er­a­tion be­tween coun­tries like Ger­many who are strong on in­tel­lec­tual prop­erty, and In­dia which is strong on con­sump­tion po­ten­tial and hu­man re­sources would help cre­ate co­he­sion. Re­cent years have seen con­flicts in IPRs lead­ing to break­down of ne­go­ti­a­tions of free trade agree­ments and dis­putes un­der the bi­lat­eral in­vest­ment treaties. IPRs also gov­ern the fu­ture of the mul­ti­lat­eral ne­go­ti­a­tions such as RCEP, shap­ing of the laws re­lated to sev­eral im­por­tant do­mains such as data pro­tec­tion and data ex­clu­siv­ity. Jus­tice Singh iden­ti­fied 10 com­pre­hen­sive sug­ges­tions to im­prove the IPR regime and strengthen Indo-Ger­man ties. She was speak­ing at FICCI-KAS Di­a­logue se­ries, on Rule of Law which saw the In­dia launch of IGALIndo Ger­man As­so­ci­a­tion for Le­gal Co­op­er­a­tion. The launch was held in New Delhi on 9 Au­gust 2018 and 11 Au­gust 2018, in Mum­bai.

On the occasion, the Sec­ond and the Third Di­a­logue in the FICCI-KAS Di­a­logue Se­ries was or­gan­ised on 'Rule of Law: Strength­en­ing In­doGer­man Ties-IPR and Le­gal Co­op­er­a­tion.' The Ger­man Em­bassy was rep­re­sented by Jasper Wieck, Deputy Chief of Mis­sion (DCM), Ger­man Em­bassy in New Delhi and Gabriele Boner, Deputy Con­sul Gen­eral, Ger­man Con­sulate in Mum­bai.

Govern­ments guar­an­tee and safe­guard ac­count­abil­ity, sta­bil­ity, equal­ity and ac­cess to jus­tice for all through the rule of law. By in­sti­tu­tion of a strong rule of law, govern­ments pro­vide business and so­ci­ety, the re­li­a­bil­ity of know­ing that all rights are re­spected and pro­tected. Ac­cord­ing to the UN Global Com­pact's Business for the Rule of Law Frame­work, there are great ben­e­fits to business and other stake­hold­ers in re­spect­ing and sup­port­ing the rule of law. De­spite this ex­ist­ing strate­gic part­ner­ship be­tween In­dia and Ger­many, there was no ef­fec­tive plat­form for lawyers, judges or aca­demics ded­i­cated to the ex­change on le­gal is­sues and the rule of law. Ac­cord­ingly, the 'Indo Ger­man As­so­ci­a­tion for Le­gal Co­op­er­a­tion' (IGAL) was launched in the In­dian Em­bassy in Ber­lin in Novem­ber 2017.

Naren­dra Sab­har­wal, Chair, FICCI IP Com­mit­tee & Former Deputy Di­rec­tor Gen­eral, WIPO in his open­ing re­marks, at the Delhi edi­tion spoke about how in­no­va­tion was driv­ing business in In­dia and Ger­many. Hence, IPR laws and le­gal co­op­er­a­tion is very im­por­tant for both coun­tries. Ex­plain­ing the rel­e­vance of IGALIndo Ger­man As­so­ci­a­tion for Le­gal Co­op­er­a­tion, the found­ing mem­bers Chris­tian Hirte, Par­lia­men­tary State Sec­re­tary at the Fed­eral Min­istry for

Eco­nomic Af­fairs and En­ergy and Nalin Kohli, Ad­vo­cate and Na­tional Spokesper­son of the BJP spoke about the shared mu­tual re­spect for Rule of Law in both coun­tries and how to im­prove and sus­tain le­gal co­op­er­a­tion be­tween In­dia and Ger­many. They stated that the aim of IGAL is to con­trib­ute to the suc­cess­ful in­ter­na­tion­al­i­sa­tion of small and medium-sized en­ter­prises through hand­hold­ing and in­for­ma­tion ex­change be­tween lawyers and le­gal ex­perts from both coun­tries. It also in­tends to be­come a plat­form for a com­pre­hen­sive le­gal ex­change be­tween the two coun­tries.

Jasper Wieck, Deputy Chief of Mis­sion (DCM), Ger­man Em­bassy, in his spe­cial ad­dress, en­cour­aged In­dia to de­velop more own­er­ship re­gard­ing for­eign in­vest­ments. He stated that com­pa­nies like 'Volk­swa­gen In­dia', 'BASF In­dia' or 'Siemens In­dia' skill and em­ploy thou­sands of In­dian em­ploy­ees, pay taxes to the In­dian bud­get, in­crease In­dia's GNP and con­trib­ute to In­dian ex­ports to the rest of the world.

Sub­se­quent to this ad­dress, board mem­bers of IGAL Hol­ger J Jakob, (Board Mem­ber, IGAL and Part­ner FPS), Hardy Herbert (Board Mem­ber, IGAL), spoke about the rel­e­vance of IPR and le­gal co­op­er­a­tion for In­dian and Ger­man com­pa­nies to fur­ther their part­ner­ship.

Peter Rim­mele, KAS – Res­i­dent Rep­re­sen­ta­tive In­dia, in his clos­ing re­marks, em­pha­sised the need for greater co­op­er­a­tion and mu­tual un­der­stand­ing be­tween In­dia and Ger­many un­der the broad am­bit of shared and mu­tual re­spect for rule of law.

At the Mum­bai edi­tion of the di­a­logue, held on 11 Au­gust 2018, Peter Rim­mele, KAS – Res­i­dent Rep­re­sen­ta­tive to In­dia, spoke about the need for le­gal co­op­er­a­tion be­tween the two coun­tries – In­dia and Ger­many. Spe­cial re­marks were de­liv­ered by Gabriele Boner, Deputy Con­sul Gen­eral, Ger­man Con­sulate in Mum­bai, who fur­ther em­pha­sized on the need to strengthen In­doGer­man ties by im­prov­ing re­spect for IPR laws as well as through pro­mo­tion of le­gal co­op­er­a­tion un­der the broad am­bit of shared re­spect for rule of law.

Chris­tian Hirte, Par­lia­men­tary State Sec­re­tary at the Fed­eral Min­istry for Eco­nomic Af­fairs and En­ergy and Nalin Kohli, Ad­vo­cate and Na­tional Spokesper­son of the BJP, re-em­pha­sized the shared mu­tual re­spect for Rule of Law in both coun­tries and how to im­prove and sus­tain le­gal co­op­er­a­tion be­tween the two coun­tries. Both men­tioned how the aim of IGAL is to be­come a plat­form for a com­pre­hen­sive le­gal ex­change be­tween the two coun­tries. The Ger­man Chair­man of IGAL as well as the Par­lia­men­tary State Sec­re­tary at the Fed­eral Min­istry of Eco­nom­ics and En­ergy, Chris­tian Hirte, stressed upon the im­por­tance of co­op­er­a­tion be­tween the two con­sti­tu­tional states of In­dia and Ger­many.

Dig­ni­taries at the FICCI-KAS Di­a­logue Se­ries in New Delhi.

The panel­lists at the at the FICCI-KAS Di­a­logue Se­ries in Mum­bai.

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