Challenges Faced in the Protection and Enforcement of Intellectual Property rights

Abstract

As a member of the World Trade Organization and even a member state to the Intellectual Property Rights Agreement on Trade-Related Issues (TRIPS), India is expected to conform its intellectual property rights laws to either the TRIPS Agreement. The problem arises mostly from the development of legislation, but also from ones enforcement, provided that the Indian government must establish a balancing between needs of the people of the country and now the rights of patent holders. As the majority of research papers in India are filed by foreign firms, the problem has become ever more sensitive. This article addresses the laws on copyrights within India and the institutions' difficulties and inability to enforce them. It begins because of the need to protect intellectual property and how it is primarily focused on different international treaties and continues to address the difficulties of their implementation in India.