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Intellectual property and the amusement industry
by Pradeep Sharma
Published:  23 May, 2007

The importance of intellectual property rights (IPR) in India is well established at all levels: Statutory, administrative and judicial.

India, for example, ratified the agreement establishing the World Trade Organisation (WTO). Among other things, this agreement contains a section on Trade Related Aspects of Intellectual Property Rights. India’s own Copyright Act, amended in 1999, fully reflects the Berne Convention on Copyrights, to which India is a party. India is also an active member of the World Intellectual Property Organisation (WIPO).

However, though the IPR law is well defined in India, the implementation has a long way to go. The fact remains that many small to medium to enterprises are producing replica of various amusement equipment using other people’s designs.

Most common examples include the Kami Kaze/Ranger, Break Dance, Slam Bob and Ferris Wheels. Even copies of the Frisbee have been produced. You will soon notice copies of some of the newer rides that have been introduced in the last two years.

There is still a big market available for these products in rural India where travelling showmen prefer this kind of cheap version. Operators know very well they are buying copies and most of the time they approach the manufacturers with pictures of original rides they would like them to produce!

Apart from some of the smaller companies, even the old manufacturers are still producing crude copies, and selling them also to countries like Bangladesh, South Africa and some of the Gulf countries. There have been accidents on such rides abroad.

Several measures have now been adopted to strengthen and streamline the enforcement of copyrights in India. These include the setting up of a Copyright Enforcement Advisory Council, training programmes for enforcement officers and setting up special policy cells to deal with cases relating to infringement of copyrights.

Yet most copy products still go un-noticed, ignored or take a back seat. The Indian judicial system is overloaded and no one likes to take action due to slow legal process and cost involved.

Only the big operators like Essel World, Veega Land, WonderLa, Unitech and some of the other parks can afford original imports. Essel World in particular has set the trend by buying original products only. For things to really change, we need more original products at affordable prices. There is not really much of a culture of design in India when it comes to amusement machines, but small steps are now being made by a handful of manufacturers, and I’m proud to say my company is one of them.

Eventually maybe we will rid the market of these substandard products that jeopardise both the safety of the end user and the reputation of the industry as a whole.

Pradeep Sharma has been in business for 25 years, as both an operator and supplier to the Indian amusement industry. Currently based in Mumbai, he heads up Bombay Amusement Rides and is an active member of IAAPI. www.bombayamusement.com


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