IPR ENFORCEMENT MECHANISMS IN INDIA: OPPORTUNITIES AND

CHALLENGES.
Tannya Brahme
Id Number-754
Introduction
Intellectual Property Rights is a very broad term which includes patents, copyright, trademark,
industrial designs, geographical indications, protection of layout design of integrated circuits and
protection of undisclosed information (trade secrets). Intellectual property rights (IPR) can be
defined as the rights given to people over the creation of their minds. Exclusive right is given to
the creator but for a specific period of time generally. Intellectual property differs from other
forms of property because of uncertainties regarding its value and how it can be used. Intellectual
property, cannot be kept in a safe deposit vault or be deposited in a bank or locked up in a house.
The said property, whether in the form of a copyright, trade mark or a trade name, or in any other
form, is easily and readily available to the general public and is, therefore, more easy to infringe
the right of the exclusive user. This property, which is a product of the intellect, is, therefore,
very difficult to protect. IPR enables the creator to gain commercial benefits from their creative
efforts. In India, there are mainly four statutes dealing with intellectual property rights: The
Designs Act, 1911; The Copyright Act, 1957; The Trade & Merchandise Marks Act, 1958 and
The Patents Act, 1970 .These acts govern and protect different types of Intellectual Property
Rights and also provides for legal remedies which can be invoked by an aggrieved person in the
event of an infringement.
This paper deals with the remedies available to the exclusive user of the intellectual
property in case of infringement in India and other aspects related to it.
Research Methodology
This research will be doctrinal research involving analysis of cases regarding protection of
intellectual property. Primarily it deals with qualitative approach along with quantitative
approach.

Statement of Problem
1. How the statutory law in India deals with the infringement of Intellectual Property
Rights?
Research Question
1.
2.
3.
4.

To study the statutory laws related to intellectual property in India.

To study the remedy available in case of infringement of intellectual property in India.
To study the challenges in protecting the intellectual property in India.
To study case laws dealing with the infringement of IPR.

Proposed Cauterization

Introduction
Laws deal with Intellectual property rights in India.
Enforcement mechanisms in India
Case study
Challenges in protecting Intellectual Property Rights in India.
Recommendations
Conclusion
Bibliography