Contemporary Challenges and Threats to Intellectual Property Rights in India

In India, the Controller General of Patent, Designs and Trademarks is the governing body responsible for managing intellectual property rights (IPRs). As a signatory to the Trade-related Aspects of Intellectual Property Rights (TRIPs) agreement, India is obligated to adhere to international standards for IPR protection. The country has aligned its statutes, enforcement provisions, and dispute resolution procedures with international standards to ensure the effective protection of intellectual rights.

While there is no specific statute exclusively dedicated to trade secrets and know-how, Indian courts recognize their importance and protection under common law. Violations of confidentiality, misappropriation of trade secrets, and unauthorized disclosure of know-how can be addressed through common law principles and legal remedies.

The emergence of new technologies and the digital age have presented unique challenges to the protection and enforcement of IPRs especially in certain areas such as 3D printing, artificial intelligence (AI), spatial computing etc. Technological developments have created new difficulties that need for regulations and suitable safeguards. In this setting, the preservation of intellectual property assets is essential for promoting innovation and technological advancement.