Adjudicating Infringement Of Intellectual Property Rights: Legal Framework And Enforcement

Adv. Divya. S & Dr Gopi Ranganath V, Christ University, Bangalore, Karnataka

ABSTRACT

Intellectual property rights are crucial pillars in safeguarding creative works and innovations, fostering innovation, and incentivising creators and inventors. However, the proliferation of digital technologies and the interconnectedness of the global economy have posed significant challenges to enforcing these rights.

Ideas, innovations, and creative expressions to which the public is ready to grant property protection are considered intellectual property rights, or IPRs. So as to enable the owners of intellectual property to profit commercially from their creations or reputation, intellectual property rights (IPR) grant the owners of that property certain exclusive rights. Intellectual property is protected under a number of different laws, including patent, copyright, trademark, etc. An invention that meets the requirements of worldwide uniqueness, non-obviousness, and industrial use is recognised with a patent. Better invention or creativity identification, planning, commercialisation, rendering, and protection depend on intellectual property rights (IPRs). Depending on its area of expertise, each industry should have its own IPR policies, management style, strategies, and so forth.

In India, the primary law governing intellectual property rights is the Intellectual Property Rights (IPR) regime, which encompasses various statutes and regulations. The cornerstone legislation includes the Patents Act of 1970, governing patent protection; the Copyright Act of 1957, addressing literary, artistic, and musical works; the Trademarks Act of 1999, regulating trademarks and service marks; and the Designs Act of 2000, concerning the protection of industrial designs. The Geographical Indications of Goods Act of 1999 also safeguards goods originating from specific regions. The legal framework aims to foster innovation, creativity, and economic growth while balancing the interests of creators, innovators, and the public. Enforcement and administration of these laws are overseen by respective governmental bodies such as the Controller General of Patents, Designs and Trademarks and the Copyright Office.

The study explores several types of infringement, such as illegal usage, counterfeiting, and piracy, and looks at how they affect consumers, inventors, producers, and the economy. It examines the changes in legislation to protect intellectual property, considering both national and international agreements. Technological innovations like blockchain and digital rights management can lessen infringement. And strengthening defences.

The research also addresses the socioeconomic and ethical ramifications of infringement, including concerns about information access, the preservation of cultural heritage, and striking a balance between the public interest and intellectual property rights. It also draws attention to copyright holders' difficulties in enforcing their rights, including problems with jurisdiction, a lack of resources, and the rise of online platforms that enable infringement.

By utilising a multidisciplinary approach that incorporates legal, economic, and ethical viewpoints, this study advances our comprehension of the intricate issues related to intellectual property law infringement. It seeks to support the development of a more just and efficient system for defending intellectual property rights in the digital era by addressing these issues and offering creative solutions.

Keywords: Intellectual property rights, public interest, infringement, copyright, patent, trademark