Intellectual property in India refers to the patents, copyrights and other intangible assets in India.
India's colonial history has significantly influenced its intellectual property (IP) laws. During British rule, India adopted several legal frameworks based on British laws, including those related to intellectual property. The first copyright law in India, for example, was the Copyright Act of 1847, which was essentially an extension of the British Copyright Act of 1842.
After gaining independence in 1947,[1] India began to develop its own legal systems and policies, but the foundation laid during the colonial period continued to shape its approach to intellectual property.[2] The Indian Patent Act of 1970 and the Copyright Act of 1957, for example, were influenced by earlier British laws but were modified to suit India's socio-economic needs and priorities.
India's colonial history also influenced its approach to IP in terms of balancing the rights of creators with the needs of the public. The emphasis on access to knowledge and affordable medicines, for example, can be traced back to the colonial experience of dealing with monopolies and restrictive practices.[3]
^"1947 Indian Independence Act". Archived from the original on 21 December 2023. Retrieved 18 February 2024.
^Saikia, Nandita (17 February 2015). Art and Indian Copyright Law: A Statutory Reading. . p. 4.
^'t Hoen, Ellen (1 April 2002). "TRIPS, Pharmaceutical Patents, and Access to Essential Medicines: A Long Way From Seattle to Doha". Chicago Journal of International Law. 3 (1). ISSN 1529-0816. Archived from the original on 18 February 2024. Retrieved 18 February 2024.
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