GLOBAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO COUNTERFEITING AND PIRACY

AUTHOR – SHIVANI JOHR, ASSISTANT PROFESSOR AT SHARDA UNIVERSITY

BEST CITATION – SHIVANI JOHRI, GLOBAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO COUNTERFEITING AND PIRACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1628-1633, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Modern age has come upon several occasions when nations have been instrumental in the making of international law. But the nature and influence of the current actors on States,  and characterised by a global network of wealthy private corporations working in tandem from across boundaries of affluent nations, is extraordinary. Indeed, today’s most widely accepted international intellectual property law was a perfectly constructed norm-setting schema of just twelve global corporations working collectively behind closed doors, for the sake of addressing counterfeiting and piracy.

The world has been witness to intellectual property counterfeiting and piracy since a very long time and currently this apparent reality has grown in proportion. Counterfeiting is principally linked to the external manifestation of goods or products. The internal, constitutional component of any product involved, are generally not deemed to be falling within the ambit of counterfeiting. Thus, as far as intellectual property (IP) is concerned, counterfeiting is essentially a trademark issue. Similarly, in intellectual property parlance, piracy is essentially associated with the domain of copyright. The copying or using of the content of a creation or matter that there are references to piracy having taken place during the ancient Greek and Roman periods.

This Research paper is rather an endeavour to establish an analogy between offences related to IP infringements such as counterfeiting and piracy.

Keywords- Counterfeiting, Piracy , Intellectual property