Global Compliance, Local Realities: A Study of Intellectual Property Rights Alignment in India under TRIPS

Abstract

Intellectual property rights (IPR) are one of the pillars of modern economic governance and directly impact and enhance the ability of the country to innovate, attract investment and be competitive in the global market. This study analyses how India’s broad framework of intellectual property rights, comprising patents, trademarks, copyright, geographical indications, trade secrets, and industrial design, is aligned with international standards, especially the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The evolution of IP legislation in India has been examined using doctrinal and comparative legal methods to determine the extent of harmonization of IP legislations in India with TRIPS and European Union IP Legislations and to find out how it has affected Indian business. The study shows that India has undertaken significant legislative reforms after 1994 to comply with international standards. However, there are substantial gaps in the enforcement mechanism, awareness at SME level, and institution capacity. The paper proposes that a strong, well-enforced and internationally harmonized IPR regime is not just a compliance requirement but also a means for countries like India, especially the emerging economies of the world, to become a global innovation hub. The study also includes policy suggestions aimed at policy makers, thought leaders, legislatures, practitioners and business entities.