Public Domain vs. Private Monopoly: A Legal Perspective Under IP Law in India

In the context of Intellectual Property (IP) law in India, the relationship between the public domain and private monopoly brings up important legal and moral issues. This research paper looks at the complicated contradiction between the need for everyone to have access to information and the need for businesses to retain their exclusive rights. The goal is to look at the laws that determine the balance between public interest and private monopoly in India's IP system, especially when it comes to copyrights, patents, and trademarks. The article looks at statutory provisions, judicial interpretations, and policy disputes that affect this balance using doctrinal and analytical methodologies. The research also looks at how increasing monopolistic claims are slowly taking over the public domain, which is a place where people may freely access information and cultural goods. It looks closely at how well Indian law balances the constitutional rights to education, free expression, and a living with the need to encourage innovation and creativity through time-limited monopolies.

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Publication Details

Journal
Technix International Journal for Engineering Research
Published
2025-01-01
DOI
https://doi.org/10.56975/tijer.v12i7.159308
Primary Topic
Copyright and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
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article

Public Domain vs. Private Monopoly: A Legal Perspective Under IP Law in India

Shibanee Acharya, Omkar Acharya
Technix International Journal for Engineering Research
Copyright and Intellectual Property
article

Public Domain vs. Private Monopoly: A Legal Perspective Under IP Law in India

Shibanee Acharya, Omkar Acharya
article en

Abstract

In the context of Intellectual Property (IP) law in India, the relationship between the public domain and private monopoly brings up important legal and moral issues. This research paper looks at the complicated contradiction between the need for everyone to have access to information and the need for businesses to retain their exclusive rights. The goal is to look at the laws that determine the balance between public interest and private monopoly in India's IP system, especially when it comes to copyrights, patents, and trademarks. The article looks at statutory provisions, judicial interpretations, and policy disputes that affect this balance using doctrinal and analytical methodologies. The research also looks at how increasing monopolistic claims are slowly taking over the public domain, which is a place where people may freely access information and cultural goods. It looks closely at how well Indian law balances the constitutional rights to education, free expression, and a living with the need to encourage innovation and creativity through time-limited monopolies.

Technix International Journal for Engineering ResearchVol. 12(7)
Fakir Mohan University (IN)
Openalex Percentile: Top 48%
Copyright and Intellectual Property
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