Intellectual Property Rights in India

Intellectual property rights (IPR) play a fundamental role in protecting creativity, innovation, and technological advancement by establishing legal rights over intangible assets and enabling creators and inventors to benefit from their intellectual contributions. With increasing globalisation, digitalisation, and technological development, the effective protection and enforcement of intellectual property have become essential for fostering research, investment, and economic growth. This article examines the evolution of intellectual property law in India, with particular emphasis on recent legislative and regulatory developments concerning patent and copyright protection. It explores the major categories of intellectual property rights and analyses the amendments introduced through the Patents (Amendment) Rules, 2024, subsequent regulatory developments in 2025, and the Jan Vishwas (Amendment of Provisions) Act, 2026. Particular attention is given to procedural simplification, electronic filing mechanisms, adjudication of penalties, appellate procedures, and the decriminalisation of specified offences under patent and copyright legislation. The article further considers the broader shift towards proportionate civil and administrative enforcement, reflecting international trends in intellectual property regulation. By evaluating these developments, the article highlights the significance of an adaptive and efficient legal framework that balances the protection of intellectual property owners with procedural fairness and regulatory efficiency. It concludes that continued legislative reform, effective implementation, and accessible enforcement mechanisms are essential to strengthening India's intellectual property regime and creating an environment conducive to innovation, creativity, and sustainable economic development.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-11-03
DOI
https://doi.org/10.5281/zenodo.23925127
Primary Topic
Intellectual Property Law
Type
article
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Intellectual Property Rights in India

Aaysha Khan
Zenodo (CERN European Organization for Nuclear Research)
Intellectual Property Law
article

Intellectual Property Rights in India

Aaysha Khan
article en

Abstract

Intellectual property rights (IPR) play a fundamental role in protecting creativity, innovation, and technological advancement by establishing legal rights over intangible assets and enabling creators and inventors to benefit from their intellectual contributions. With increasing globalisation, digitalisation, and technological development, the effective protection and enforcement of intellectual property have become essential for fostering research, investment, and economic growth. This article examines the evolution of intellectual property law in India, with particular emphasis on recent legislative and regulatory developments concerning patent and copyright protection. It explores the major categories of intellectual property rights and analyses the amendments introduced through the Patents (Amendment) Rules, 2024, subsequent regulatory developments in 2025, and the Jan Vishwas (Amendment of Provisions) Act, 2026. Particular attention is given to procedural simplification, electronic filing mechanisms, adjudication of penalties, appellate procedures, and the decriminalisation of specified offences under patent and copyright legislation. The article further considers the broader shift towards proportionate civil and administrative enforcement, reflecting international trends in intellectual property regulation. By evaluating these developments, the article highlights the significance of an adaptive and efficient legal framework that balances the protection of intellectual property owners with procedural fairness and regulatory efficiency. It concludes that continued legislative reform, effective implementation, and accessible enforcement mechanisms are essential to strengthening India's intellectual property regime and creating an environment conducive to innovation, creativity, and sustainable economic development.

Zenodo (CERN European Organization for Nuclear Research)
Openalex Percentile: Top 5%
Intellectual Property Law
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