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Title: Developing Intellectual Property Laws by Hindsight*
Authors: Govindarajulu, V
Issue Date: Jul-1998
Publisher: NISCAIR-CSIR, India
Abstract: Hindsight is a process by which historical events are objectively perceived, qualified and reconstructed in terms of cause and effect for effecting a desirable future. Development of intellectual property rights (IPR) especially, patent laws, design rights, copyrights and trademarks, worldwide, have followed the dialectical principle of hindsight by creative interpretation of the laws of political-economy of nation states, judicious interventions of common law and convention principles, laws of IPR, creative interpretations of statutes and case laws by the judiciary and enlightened enactment of statutes by the national. legislature. India's development also closely followed this methodology of hindsight and its relevance, in the changed context of Trade-Related Intellectual Property Rights (TRIPS) of World Trade Organization (WTO) and international demands, is much more evinced. It demands for enactment of a bundle of IPR and related laws in order to raise India's standard as that of international one. An attempt is made in this paper to study and analyse the development of IPR laws in India by hindsight and suggest enactment of a bundle of new legislations.
Page(s): 205-221
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.03(4) [July 1998]

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