A CRITICAL ANALYSIS OF CIVIL AND CRIMINAL REMEDIES FOR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT IN INDIA: LEGAL FRAMEWORK, IMPLEMENTATION, AND JUDICIAL TRENDS

AUTHOR – MR. MD JIYAUDDIN,ASSISTANT PROFESSOR, SCHOOL OF LAW, BRAINWARE UNIVERSITY, KOLKATA, WEST BENGAL, IMDJIYAUDDIN@GMAIL.COM

BEST CITATION – MR. MD JIYAUDDIN, A CRITICAL ANALYSIS OF CIVIL AND CRIMINAL REMEDIES FOR INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT IN INDIA: LEGAL FRAMEWORK, IMPLEMENTATION, AND JUDICIAL TRENDS, ILE INTELLECTUAL PROPERTY AND CORPORATE LAW REVIEW, 4 (1) OF 2025, PG. 23-30, APIS – 3920 – 0008 | ISSN – 2583–6153.

Abstract

Intellectual Property Rights (IPRs) are essential for promoting innovation, creativity, and economic development. India has developed a robust legal framework for IPR protection through various legislations providing both civil and criminal remedies for infringement. While civil remedies focus on compensating the rights holder and preventing further violations, criminal sanctions are aimed at deterrence and punishment for wilful infringement. However, enforcement remains a challenge due to procedural delays, lack of awareness, limited expertise, and inadequate infrastructure. This paper critically analyses the effectiveness of these remedies within the Indian legal system, focusing on judicial trends and implementation gaps. By reviewing landmark judgments and scholarly discourse, the study provides a comprehensive view of how India balances the protection of intellectual property with public interest, and concludes with suggestions for enhancing enforcement mechanisms.

Key Words: Innovation, Creativity, Legal framework, Inadequate Infrastructure, Civil and Criminal Remedies.