Saudi Journal of Business and Management Studies (SJBMS)
Volume-3 | Issue-02 | 197-204
Review Article
Enforcement, Infringement and Protection of Intellectual Property Rights in India
Suvrashis Sarkar
Published : Feb. 28, 2018
Abstract
India has a strong judicial framework to safeguard people‟s rights, however
it is still has a lot of problems of infringement and enforcement of Intellectual Property
Rights (IPR). IPR exists in every innovation, but if it gets infringed, can result into
infinite business loss for the original creator considering the loss of revenue and
human intellect. Hence, it is important for businesses to know and understand the
value of IPR, manage them appropriately, protect them adequately to safeguard their
investments and efforts and reap the deserved benefits for their own work. Though
concern has always been expressed about losses and unfair practices, the recent years
have witnessed the lax in protection of IPR. It is advised that by adopting right policies
and strategies, IPR can be effectively protected with the help of law enforcement. Be it
an individual organization, an industry or even as a nation, IPR as a strategic
marketing tool has the potential to create the future where brand, technology, service,
people everything can together and become a force for development and market
leadership. The scope of IPR is expanding very fast and attempts are being made by
original creators to seek protection for their intellectual work. It is also important to
understand the enforcement measures available for protecting one‟s business or
individual creations. This paper discusses the mode of acquisition, nature of rights,
commercial exploitation, enforcement of those rights and protection available against
infringement of IPR in India with relevant suggestions for organizations to implement
and practice.