Decussating Aspects of Intellectual Property Rights and Private International Law in India

Abstract

Intellectual property issues are covered by international contracts and need private enforcement, or steps taken in court byprivate parties. These legal actions are governed by the legislation of the nation where the lawsuit is filed and are based on theterritoriality concept. A thriving private international law may contribute to the system in ways that go well beyond resolvingindividual conflicts because it acknowledges the expressive and formative power of judicial decision-making. National courts hadplayed limited part in the development of global intellectual property law under the conventional framework controlling mattersrelating to intellectual property. The lack of willingness on the part of courts to consider claims involving external intellectualproperty rights resulted in a pattern of domestic litigation of foreign conflicts, typically based on a right similar to that given by themunicipal law system in effect at the time. When it came to intellectual property rights, litigation only involved the domestic rightsdiscussed in municipal law. It did, however, get national courts thinking about situations with global implications, which led to theincorporation of private international law into IP protections. In an effort to better understand the Indian perspective on foreignintellectual property concerns, this study examines the laws that govern IPR violation, validity, ownership, and the difficulties ofimplementing abroad court judgments.