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Role of Judiciary in the Effective Protection of Intellectual Property Rights (IPR)

Posted on 21 October, 2016 at 14:00


In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain names, written and recorded media, and inventions. The holders of these legal entitlements may exercise various various exclusive rights in relation to the subject matter of the IP. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect. The term implies that intellectual works are analogous to physical property and is consequently a matter of some controversy.

Intellectual property laws and enforcement vary widely from jurisdiction to jurisdiction. There are inter-governmental efforts to harmonise them through international treaties such as the 1994 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), while other treaties may facilitate registration in more than one jurisdiction at a time. Disagreements over medical and software patents and the severity of copyright enforcement have so far prevented consensus on a cohesive international system.

Purpose of Study :-


The researcher has taken this project for the purpose of highlighting the role of judiciary in the protection of Intellectual Property rights and its enforcements in terms of its strengths and weaknesses in handling IPR related issues and accordingly to suggest the steps to be taken in order to strengthen IPR protection.


Scope of study:-


As IPR is a very vast concept or terminology Researcher has limited the scope of her project work to the extent of role of judiciary in IPR protection along with the brief idea of IPR and its need and importance so as to highlight the existing as well as expected role of judiciary and other institution indirectly affecting the role of judiciary in IPR protection.

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Categories: International Advisory

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