Intellectual Property Rights Infringement and Remedies
Conversations on intellectual property have been heavily influenced by the differing conception of these rights in the global north and south, with India often positioned as a leading voice for access and balance. But these conversations, important as they are in trade and policy settings, face severe limitations when explaining the conceptual framing of these rights, important doctrinal trends, or the structure and scope of the legal entitlements at work. In courts, policy implications of verdicts may carry more heft than before but on final analysis, it is the language of rights and remedies that explain and determine real outcomes. Advancing this understanding of Indian IP, the present work examines the scope and nature of rights under the rubric of trade marks, copyright, patents, and other IPRs, the defining situations when they are considered as being infringed upon, and the evolving remedies crafted by courts to redress such infringements.