In recent times there has been a lot of speculation and worry about the
menace of pirated software. But it is one aspect that technology-oriented
companies are not bothered about. Being at the cutting edge of technology, these
companies are always running ahead in the race for technology. Therefore piracy
for them becomes meaningless. Says, Suresh Rajpal, President and CEO, Trigyn
Group, "We have not thought of patenting our products since our technology
is at the cutting-edge. We believe our research is far ahead of our competitors.
And it will not make sense for them to copy us. By the time they discover what
our technology was about, we shall be years ahead of them."
Trigyn Technologies is working in the area of mobile commerce, billing, CRM,
network infrastructure management for cell companies, e-commerce and
telecommunications. Ditto is the case with for Parsec Technologies which is
working on integrated call centers. Says JP Dutta, COO India operations,
"Yes, we have filed for patents for a couple of our products but it really
does not matter because we are far ahead in terms of technology. To reach the
level of our technology standards, a lot of R&D has to go in by which time,
the efforts at piracy will be futile."
But not everyone is convinced about this stand. With India fast becoming a
powerhouse in software development, many are concerned about the protection of
their intellectual property. Says Dewang Mehta, President Nasscom,
"Government should start patenting software products or Indian companies in
software product development will lose out."
Currently, software products are treated as literary works and are eligible
for protection under the Copyright Act. But copyright does not ensure protection
to the functionality of the product which is the selling point in most software
products. Says Mehta, "Functions are nothing but creative ideas. And once
the functionality is known, it is easy to recreate the product." Therefore,
the demand from the industry is that the government must provide for strong IPRs
which focus on protecting the functionality of the product. Applying for patents
in the US is not only expensive but also a long-drawn affair, which could be
potentially damaging in an era when technology changes so often.