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Title: The Role of Collective Bodies in Protection of Intellectual Property Rights in India
Authors: Bhat, P Ishwara
Keywords: Collective bodies;collective intellect;collective enforcement;copyright society;patent pool;farmers’ rights;geographical indicators;third sector organizations
Issue Date: May-2009
Publisher: CSIR
Abstract: The communitarian dimension of intellectual property rights (IPR) calls for use of collective effort of knowledge workers in the IPR enforcement and non-exploitation of IPR owners and consumers. Collective bodies (CBs), like copyright societies, patent pools, GI associations, etc. function as social economy entities in rendering the task cheap, effective and fair. The IPR, like farmers’ rights, collective marks and geographical indications involve definite collective intellect that can be better protected by CBs. Indian profile about CBs needs to be strengthened for effective enforcement of IPR, fair resolution of community claims and advancement of knowledge. Indian law has some orientation against possible dominant position or abuse by CBs but needs clearer policies and mechanisms in order to suit the requirement of constitutional goals. Unless legal environment governing these CBs guides them in the path of good governance and fair consequence avoiding the exploitation of members and consumers, the interests of knowledge society would suffer. The present paper examines the Indian IP law’s policy on CBs’ role in protection of IPR, their working and their impact. It inquires whether the legal regime is suitable to resolve the conflict of interests between different sections of the society and attain justice? Whether they have reliable democratic structure and policy thrust to ensure transparency and accountability? Whether the claims of members and society vis-à-vis the organization are adequately protected? The paper undertakes doctrinal legal research on the topic.
Page(s): 214-225
ISSN: 0971-5544
Appears in Collections:JIPR Vol.14(3) [May 2009]

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