Intellectual Properties (IP) Protection in India: Legal Perspective
The Intellectual Properties (IP) of an Entrepreneur or any Corporation involves innovation and a lot of research and development which involves a humongous amount of resources which includes time, money and energy. The innovation or the extension of a technological advancement plays a key role in the success of a business irrespective of its size and the number of years it has been in the industry. There are several Multi National Corporations (MNCs) which are either directly and/or indirectly have their products manufactures in India. The same is primarily being done as the cost of the human resource in India is comparatively less as compared to western countries. Furthermore, the Modi Government has launched the “Skill India Initiative” whereby technical and non-technical skills are being inculcated which includes training and the Indian workforce has become well skilled while doing different jobs and works for different manufacturers and their output has also increased. But the primary question which arise here is “Whether the cost of production in India is the only reason for the Multi National Corporations (MNCs) to have their production in India”? The answer to this question is well evident as per the direct actions of the Indian government which not only thinks about the interests of the country but also have truly recognised the Intellectual Property Rights (IPR) of any individual or Corporation while respecting the innovation and the meticulous work of the actual inventor.
There are several countries which are well known for their “Reverse Engineering Model” whereby they tear apart the entire hardware and without even caring for any international law on the protection of IP or the International IP Conventions & Protocols like the Paris Convention, Madrid Protocol and/or the International Treaties like the Patent Law Treaty and/or the Guidelines of the WIPO just replicate the entire technical know how and manufacture their own local product and float the same in the international market at very cheap prices. Whereas, India is not only a signatory to various different treaties and organisations but has a domestic well compliant legal structure which is in the form of legislations i.e. the Patent Act of 1970, the Designs Act of 2000 etc and a robust judicial system whereby the IP rights are not only well recognised but also well protected. The respect for innovation and technological protection is inherent in the Indian legal system and is well embedded in the entire Indian society.
The Courts in India have also taken a very prudent approach towards the cases of illegal and unauthorised usage of the IP and the same has been discouraged at all the levels. The Indian Parliament have enacted specific laws for the protection the copyright, designs, patents, trademarks and wordmarks of Individuals as well as Corporates. The Law Enforcement Agencies are also working hand in hand with the Corporations and are also conducting regular raids in order to overcome the challenges of counterfeit products including the first copies.
Thus, it can be summarised that India not only recognises Intellectual Properties (IP) but also protects and safeguards them from any kind of illegal and unauthorised usage.
Authored By: Adv. Anant Sharma