Legal Challenges in Protecting Intellectual Property Rights in India: Laws, Barriers, and the Way Forward

 

Legal Challenges in protecting  intellectual property rights in India

Author- Bhoomika Gupta, B.A.LLB(Hons), CMP Degree College, University of Allahabad, Prayagraj

Abstract

Intellectual Property Rights are Rights which individual have regarding their own creation of mind, which they gave generated from their Intellect. These right are protected by statutory laws regarding this by country's legislation . This plays a very crucial role for the encouragement of  the individual ,by protecting it’s innovation from getting replicate by another. This Article covers thebasic aspects of Intellectual property rights ,about it’s jurisdiction ,statutory laws within India ,statutory laws internationally . Further it is discussed that how it faces challenges in implementation, protection in India .

Introduction

Intellectual property rights (IPR), by the name itself we can infer that it is something interconnected with Intellect that is of something related to mind. A property generated by the rationality of an individual, which is  originally his creation of mind such as writings, paintings  , books , computer programs like codes , composition of music or many more . IPR  includes intangible properties of an individuals Intellect  which is originally initiative by the individual itself . As these are intangible thus compasses problems for the protection of these rights. It have a higher chance of gettingcopied . or getting it’s duplicate .  These rights sometimes seems vulnerable as their is not large scope of jurisdiction for the protection of intellectual property rights in India . Many of the times one’s work gets copied or gets used without being known to person.The producers of these sometimes become vulnerable to protect their work form the other producer or their own consumer who can further replicate it. For the protection or regulation of tangible property in India , it is governed under Transfer of Property Act  1882. Likewise for the protection of Intellectual properties which is intangible are  covered under

The patent Act 1970,

The copyright Act 1957,

The trademark Act 1999,

The Design Act 2000,

The Graphical Indication of Goods Acts 1999.

Above mentioned statutory laws provide protection to the creators for their works like Design, any artistic work , film production , music works and many more .Through these laws, individuals have absolute power over the use of their content. It is very beneficial for creators as it encourage their works and provide exclusive grounds for the increment of their content or creation .

 

In India

Classification of Intellectual Property  Rights

·       Patents

 

Patent is one of those absolute intellectual  property right which compasses an  absolute control over the creation of the individual. It provide exclusivity to the invention in context of that , no one can make use of the creation or replicate the creation without the permission of the original owner . The right of patent is given by the country, where the patent has been , by issuing a patent certificate in the name of patent holder. These rights aregranted for a finite period .One can also Trade or gift his patent.

The  license of patent granted in a country will have it’s jurisdiction within the country .

Legislation for patents in India is governed under The Patents Act, 1970.

An invention which is frivolous or which claims anything obviously contrary to well established natural laws are not inventions within the meaning [1]of  The Patents Act 1970.

A person must be first inventor of the invention [2]then he is entitled to apply for the patent .

 

·        Copyrights

 

Copyright includes artistic works ,  linguistic works , script of the film, it can be also related to education ,background music and many more.Creators can get copyright strike when the use the works of the creator in their content even it is for reference.

Legislation for copy right in India is governed under The Copy right Act ,1957.

According to the Act, it have jurisdiction  to all over India[3] .

 

·        Trademark

Trademark is basically a symbol or sign which a company or any beneficiary own. It is unique and it is registered by the company. Through Trade mark of the company the inclusivity of the company is held which further cannot be taken by any other company .The original owner of the trade mark can file a infringement case  for securing his trademark rights.

Legislation of Trademark in India is governed byThe Trade marks Act ,1999.

According to this Act, it have it’s jurisdiction all over the India .[4]

The Trade marks which lacks well defined distinction regarding their Good or services from another person are void of getting registration .[5]

 

 

 

·        Design

The legislation for the design is covered under The Design Act , 2000.Like all the other rights these rights are also granted through the registration.

Design consist of shape ,pattern, or any composition of lines or coloursin the article either of two dimensional or three dimensional[6].

For the purpose of this Act Central government can appoint as many officers which may deemed fit .[7]

 

·        Geographical Indication

 

Geographical Indication is a name used by any product or article which is produced or found in that particular geographical area .It protects and promotes the inclusivity of the product as well as the geographical area .

The legislation for the Geographical Indication in India  is governed under The Geographical Indication of Goods Act ,1999. It has its jurisdiction to all over the India.

[8]

According to the Act,  An authorised user have absolute right to use of geographical Indication in the context to the good for which the geographical Indication is granted .[9]

·        Trade Secrets

 

Trade Secrets are the confidential or undisclosed information about the company , beneficiary ,individual’s innovation which is mainly unknown to the public. The procedure of manufacturing Goods, recipes of any food items, Spices of the particular product,all these Can be trade secrets for any company like Coca cola’s   recipe .

Business can claim to the court if their  trade Secrets is stolen by another Business or company. Legal Action can be taken for the misappropriation of  trade secret.

At International level

 

There are various statutory law which governs the Intellectual Property Rights internationally .

·        World Intellectual Property Organization (WIPO)

It is a worldwide network for the creators and inventors .It is also one of the organisation of United Nations .Having it’s headquarter at Geneva ,Switzerland.

·        Trade Related Aspects of Intellectual Property Rights (TRIPS)

It is world trade organization (WTO) agreement .It solves the disputes regarding the Intellectual Property Rights internationally . It also includes assurance of the WTO members.

 

There are many more statutory laws which governs the Intellectual Property at International level like Paris Convention, Berne Convention and many more .

 

 

Challenges faced by the Intellectual Property Rights in India

 

 

·       Discloseness of  education regarding IPR

It is one of the main reasonfor the failure of Intellectual property laws as it lacks people’s participation. Individuals remains unaware about their rights which are granted to them by the statutory laws. Small Creators, Uneducated creators or one who are not aware of their Intellectual Property Rights are vulnerable for the protection of their innovations .

The solution for this is spreading awareness about the Intellectual Property Rights , with the help of legal professionals ,news channels , newspapers  editorials, Articles. Legal professionals should take  a lead in educating creator about their  intellectual Property rights .

 

·        Balancing in society according to Intellectual Rights

While protecting the Intellectual Property Rights ,it is also important to see that whether it is beneficial for society as whole or not. It  should not stop the easy access of product or Goods or services to the people . While safeguarding the IP Rights it should be considered seriously that it do not promote any disturbance , imbalance in the society.

·        Internationalinsufficiency

Protecting Intellectual Property Rights internationally is an expedited expenses which is not affordable for the most of the companies who are seeking to expand their business at global level.

The solution for this can be initiated by the countries itself by building up their strength for participation in  treaties at International level. The more the country get involved in the International treaties the more the creators ,entrepreneurs, innovators of the country gets benefitted.

 

 

 

·        Lacking in implementations

Talking about in our country India ,where it is known for it’s sluggish judicial process due to the rigidity of our constitution. In our country itlacks the specialised IntellectualProperty courts due to which creators or innovators find it difficult in claiming infringement directly. Eventhough there are statutory laws relating it but sometimes it becomes unaccessible to the creators.

One of the major reason behind the lack in implementation is incompetent legal framework . Eventhough ,In India we have statutory laws regarding IPR still there is are insolvency in judicial system, Existing laws which were implemented previously are lacking somewhere to  provide the protection regarding IPR. These existing  laws absolutely needs an update or Amendment in it’s provisions .

Another reason for the lack in implementation can be the lengthy process of the litigation ,registration of the case, which demoralizes the creators for seeking justice , delays in the process leads to the loss of many opportunities.

 

The problem can be resolved by the strengthening our judicial process in the context of Intellectual Rights and also by the establishment of specialised courts regarding IPR.Smooth running of the Registration process can fill the gap which have been created by the lacking of our system .

 

Criticism

IPR Rights hinders the new innovators, businesses making it hard for them to start or  to become competent as them .

It is seen that the particular company manufacture any medicine or drug for which the get patent leads to the increment in the price of that particular medicine as it is not manufacture by any other company which make it unaffordable for the people to some extent .

 

Conclusion

 

Intellectual property Rights are applied to the intangible properties.These rights are protected by the statutory laws ,as these laws protect the innovations of innovators ,creations of creators, Simply these are the Rights which are generated by Intellect of humans mind ,these are the creation of human mind. One cannot even imagine how it feels when the works or creation or innovation of an individual gets stolen or replicated by another person. It not only loss of his economic or Industrial aspect but also downs the moral of an individual .Through statutory laws one can address his claims but these laws also have inconsistencies in them they further faces challenges in our country like in implementation, framework, insufficiency at International level and many more. As it become crucial to protect the Intellectual Property Rights, we should not ignore the fact that it should also make balance in the society as whole .

 

 

 

 

 

Bibliography

·        https://ipindia.gov.in/writereaddata/Portal/ev/sections/ps6.html ( Last visited on 10June,2025)

 

 

·        https://www.indiacode.nic.in/handle/123456789/1367?view_type=browse ( Last visited on 10June,2025)

 

·        https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_11_61_00003_200016_1517807322629&sectionId=2569&sectionno=2&orderno=2&orgactid=AC_CEN_11_61_00003_20001 ( Last visited on 10June,2025)

 

·        https://www.indiacode.nic.in/handle/123456789/1981?view_type=browse ( Last visited on 10June,2025)

 

 

·        https://www.legalkart.com/legal-blog/the-challenges-faced-by-intellectual-property-law-in-india#:~:text=One%20of%20the%20primary%20challenges,of%20protecting%20their%20intellectual%20property.( Last visited on 10June,2025)

 

·        https://thelegalschool.in/blog/what-are-intellectual-property-rights ( Last visited on 10June,2025)

[1]The Patents Act, 1970,(§)3

[2]The Patents Act ,1970 ,(§)6

[3]The Copyright Act ,1957,(§)1

[4]The Trade marks Act ,1999 ,(§)1

[5]The Trade marks Act ,1999, (§)9

[6]The Design Act ,2000, (§)2(d).

[7]The Design Act ,2000,(§)3(2).

[8]The Geographical Indication of Goods Act ,1999, (§)1(2).

[9]The Geographical Indication of Goods Act,1999,(§)21(1)(b).

Legal Challenges in Protecting Intellectual Property Rights in India: Laws, Barriers, and the Way Forward

Explore the legal landscape of Intellectual Property Rights (IPR) in India, analyzing major laws, enforcement barriers, and practical challenges. The article also suggests reforms and policy directions for a stronger IP regime in India.

• Intellectual Property Rights in India
• Challenges in IPR enforcement
• IPR laws in India
• Copyright Act 1957
• Patent Act 1970
• Trademarks Act 1999
• WIPO and India
• Innovation and IP protection
• Barriers to IPR enforcement
• Legal reforms for IP protection in India
• Role of Indian judiciary in IP rights
• Piracy and copyright issues India