Intellectual Property Rights Vis-À-Vis Fundamental Rights and Indian Constitution

  • V. Raja Saravanan and V. Jaya Vigneshwari
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  • V. Raja Saravanan

    Advocate at High Court of Madras, India

  • V. Jaya Vigneshwari

    Advocate at High Court of Madras, India

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Abstract

The Indian Constitution enumerated various rights including fundamental rights, freedom and also laid down economic, social, and political justice to every citizen in the country. All the provisions of directive principles of state policy direct the state policies in the direction of the business and other economic and social activities. The Intellectual Property right is not expressly recognized as a property right by the Indian Constitution but at the same time, the property right under Indian Constitution does not expressly exclude the Intellectual Property Rights. Right to life includes the right to medical care at an affordable cost, in case any lifesaving medicine was not affordable, then it is imperative for the state to grant a compulsory license for making such drug available at an affordable cost is the part of the obligation under the Indian constitution and in consonance, the patent act was enacted with a provision for granting compulsory licensing. The Individuals are granted the liberty to write a book, and publishing the same is now protected under the Indian Constitution. Any copyright infringement comes within the purview of the restriction under morality as laid down under Article 19(2) of the Constitution. The right to trade or business includes the right to protection of the business from usurping their trade name and goodwill gained in the course of trade or business. Trademark, geographical Indications also protects the right to know the consumers about the goods, its origin and services. Indian Constitution provides protection for the property including Intellectual property rights, and it also equally safeguards the fundamental rights as envisaged under Part III and Part IV of the Indian Constitution.

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International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 1415 - 1422

DOI: https://doij.org/10.10000/IJLMH.11644

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