The Judiciary’s Role in Safeguarding Intellectual Property Rights: A Comparative Study

  • Akshit Singh and Ms. Shaiwalini Singh
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  • Akshit Singh

    Student at Amity University Uttar Pradesh, Lucknow Campus, India.

  • Ms. Shaiwalini Singh

    Assistant Professor at Amity University Uttar Pradesh, Lucknow Campus, India.

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Abstract

Intellectual property (IP) rights are shaped and enforced in large part by the judiciary. This study compares the ways that courts in India and other countries—most notably the US, UK, and EU—protect designs, patents, copyrights, and trademarks. Through significant rulings, civil and criminal procedural procedures, and enforcement patterns, it evaluates the efficacy of the legal system. Courts in India have established a strong body of IP law via important decisions that uphold rights while weighing the interests of the general public. Globally, a range of judicial perspectives—from the EU's broad trademark protection to the US courts' complex patent injunction standards—offer insight into the difficulties and efficacy of IP enforcement. The study emphasizes the judiciary's vital role in developing IP law and making sure that enforcement upholds inventors' rights without restricting the public interest by identifying significant cases and interpretations.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 5125 - 5134

DOI: https://doij.org/10.10000/IJLMH.119578

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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