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What are the challenges in enforcement of IPRs?

What are the challenges in enforcement of IPRs?

Enforcement of IPRs has always been a challenge. In the case of industrial property, the onus is on the holder of the IPR to check for infringement.

In case of copyright and related rights, there are numerous associations e.g. Business Software Alliance and other Alliance of State Broadcasters Associations (NASBA), International Intellectual Property Alliance (IIPA) that promote the cause of copyright holders.

Currently there is enhanced interest as some countries are negotiating an Anticounterfeit Trade Agreement (ACTA) for enforcement of copyright and trademark protection. This is seen by many developing countries as having the potential to bring stringent enforcement of IPR and negotiating TRIPS plus provisions.

Intellectual property rights can be defined as the rights given to people over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creations for a certain period of time. Intellectual property rights are traditionally divided into two main categories –

  • Copyright and rights related to copyright
  • Industrial property.

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