AN ANALYSIS OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO INDIA

AUTHOR – MS. BIJAYA DAS, ASSISTANT PROFESSOR, FACULTY OF LAW & FORENSIC SCIENCES, APEX PROFESSIONAL UNIVERSITY, PASIGHAT, ARUNACHAL PRADESH

BEST CITATION – MS. BIJAYA DAS, AN ANALYSIS OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 815-823, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The term “intellectual property” refers to works of art, literary creations, and inventions as well as trademarked designs, symbols, names, and pictures. They often provide the creator an exclusive, time-limited right to use their invention. The protection of ideas and the advancement of creative research are the main objectives of intellectual property. It is legally protected by patents, copyright, and trademarks, which let people profit financially or gain notoriety from their inventions. When obtaining intellectual property rights in India, there are numerous challenges that one must overcome, including the prevention of patent evergreening, the protection of traditional knowledge, subsidies, and intellectual property difficulties. The outlets for enforcing intellectual property are law enforcement, customs, and the court system. Trademarks and copyright can be enforced through both criminal and civil litigation, unlike patents and designs, which can only be enforced through civil litigation. Lack of awareness of intellectual property protection, judicial backlogs, insufficient legislation, and ineffective application and monitoring of these regulations are the difficulties facing in intellectual property enforcement.

Keywords: Intellectual Property, enforcement, challenges, issues, government initiative.