CHALLENGES IN ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN INDIA

Intellectual property pertains to any original creation of the human intellect such as artistic, technical, literary, or scientific creation. Intellectual property rights [IPR] refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time. The true measure of an intellectual property rights regime's strength lies in its enforcement mechanisms how efficiently they respond to infringement and how fairly they balance the interests of creators, consumers, and competitors. India's approach to intellectual property protection has changed drastically in the last two decades. It went from being labeled a "non-compliant" jurisdiction during the early TRIPS era to becoming a WTO member that promotes balanced IP laws. The implementation of legislative frameworks like the Patents (Amendment) Act of 2005, the Copyright (Amendment) Act of 2012, and the Trade Marks Act of 1999 clearly show this evolution, but the biggest challenge remains actually enforcing those laws.