Intellectual Property Rights

Intellectual Property Rights

Intellectual property rights are a product of human mentality and the rights given to it provides its partner to benefit from the fruits of this intellectual effort by forming a monopoly over it. Such a case is not always a simple right but needs attention by a statute.

In India, intellectual property rights recognized below statute are:

  • The Patents Act, 1970;
  • The Trade Marks Act, 1999;
  • The Copyright Act, 1957;
  • The Designs Act, 2000;
  • The Geographical Indications of Goods Act, 1999;
  • The Biological Diversity Act2000;

Intellectual property rights (IPRs) play a key role in each sector and have become the foundation for crucial investment decisions. Intellectual property rights are exclusive powers and therefore there is always a challenge to strike a balance between the interests of innovators and the benefits of society at huge. Another important factor is having a sufficient legal framework to protect the interests of innovators and inspire trust that their intellectual capital will be protected, in turn triggering further innovation.

Intellectual property rights (IPRs) litigation in India is considerably diverse owing to a large number of fields, varying degrees of expertise of the judicial officers in Intellectual property rights matters, and varying manners of practice. As a result, some governments have become preferred forums over others.

With the rapid growth of problems dealing with Intellectual property rights laws – including patents, trademarks, copyrights, and design laws – there has been a total number of 900 cases registered at the Delhi High Court and the Bombay High Court during the previous year. Out of these, 621 cases narrated to trademarks, followed by copyrights (176), designs (19), and patents (47). There were nearly 543 cases in which ex parte injunctions were invested and there were 691 cases in which hard injunctions were granted. Only 97 cases were settled in the last year.

The Indian Legislature authorized commercial courts in India by passing a new Act in 2015, which developed into effect in 2016, with the intention of streamlining and facilitating commercial lawsuits, including IP disputes. Under this act, economic courts have been installed at the district level and business divisions have also been established within High Courts having regular original civil jurisdiction. This new statute has given a separate way to commercial cases, which include cases recounting to intellectual property. Given the high volume and often tardy development of cases, the new Act gives stringent timelines for various stages of a suit with almost no room for the slow process. Under the said Act, if any person feels that its opponent has no real prospect of getting in or defending a claim and that recording data would be superfluous, then it may apply for a review conviction. The endeavor is to hear and resolve oral arguments within 6 months of the time when the people have finished reviewing all the records. This procedure is meant to secure the speedy disposal of suits.