Indian Trademark Law Enforcement

Dua, Dinesh Kumar; Khan, Aqueeda

Abstract

In an extremely strong protection of IP rights, well documented IP laws are the key factors for economic growth, FDI investment and competitiveness. Various studies have shown that economic growth is closely related to how well the economy encourages, stimulates and protects research and development. The effectiveness of regulatory intellectual property rights (IPR) mechanism is a driving force for full innovative capacity and economic growth and business/employment expansion. A strong and effective IPR regime enforces legal and rightful mechanism for inventors, investment opportunities and further scope of business/ employment growth. In protection of intellectual property, the role of enforcement agency is extremely vital and critical. However, in India, barring various steps have recently been taken to strengthen implementation of intellectual property enforcement. There has been very low detection of these IPR crimes because of various reasons. Strong IPR implementation contribute to every country’s economy, weak regulation does an opposite impact. IPR crime is a complex white collar crime. Its impact is hardly visible though it has cascading multiple effects on industry, government taxes, economy, employees, status of country and diminishing image on world platform. The officials who are dealing with must have rigorous training and should be equipped with most modern machines and equipments as this is new modern warfare. Barring legislative changes, Indian Government has taken various strong efforts with the more efficient intellectual property rights protection. Indian enforcement agencies are seen working in the area of IP protection/enforcement and but the levels of piracy is not arrested as number of IP crimes are going unreported sufficiency.

Keyword(s)

IP Laws; The Trademark Act of India; Indian Police; IPR Crimes; Cosmetics; Counterfeit; IP Right; Telangana Intellectual Property Crime Unit; Cell for Intellectual Property Rights Promotion and Management; National Crime Record Bureau Data

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