NISCAIR Online Periodicals Repository

Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.14 [2009] >
JIPR Vol.14(3) [May 2009] >

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
Source:JIPR Vol.14(3) [May 2009]

Files in This Item:

File Description SizeFormat
JIPR 14(3) 214-225.pdf139.14 kBAdobe PDFView/Open
 Current Page Visits: 1060 
Recommend this item


Online Submission of Articles |  NISCAIR Website |  National Knowledge Resources Consortium |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2015 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 168404 since 01-Sep-2015  Last updated on 29-Jun-2016Webmaster: