Role of Indian Judiciary in Development and Effective Enforcement of Intellectual Property Law’s through Doctrine of Judicial Review

Rahul Yadav
LLM Student, Batch (2019-2020), Parul institute of law, Parul University, Vadodara (Gujarat)

Volume IV, Issue I, 2021

Intellectual property pertains to invention/creation/innovation of any artistic, literary, scientific creation, concept etc. by human intellect. Intellectual property rights refer to rights vested by the state to the inventor or creator. IPR is a strong tool, to protect investments, time, money, effort and the like invested by the inventor/creator of an Intellectual Property, since it grants the inventor/creator an exclusive right for a certain period of time for use of his invention/creation. Thus IPR, in a way, aids the economic development of a country by promoting healthy competition and encouraging industrial development and economic growth. But mere for the economic development the basic and fundamental rights can’t be abridged. The concept of public welfare is of paramount importance of any democratic country. In India Supreme is considered as the guardian of Indian Constitution, it has not only lead to the development of existing law but also have lead to its effective implementation by fulfilling the grey areas.

The present article provides an overview of the various laws dealing with innovation and intellectual property rights in India. While providing brief insights into the law of patents, copyrights, trademarks, designs, and remedies for violation of these rights, the article mainly deals with the role of Higher Judiciaries of India in development and effective implementation of Intellectual property law’s and checking their constitutional validity by using the Doctrine of Judicial review.

Keywords – Constitution of India, Judicial review, Intellectual property, Supreme Court, Economy.