Footnote:
In: Relevance of Duties in Contemporary World – with Special Emphasis on Gandhian Thought (Edited by Professor Raman Mittal and Dr Kshitij Kumar Singh), Springer 2023
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments October 1, 2022 erstellt
Description:
The chapter highlights how certain areas of IP Indian regimes are based on firm public interest focused principles. They not only offer IP owners monopolistic rights to extract economic value out of their inventions, plant varieties, signs or copyrighted works—they also strongly protect the rights of users, competitors and the public at large, who often have conflicting interests. Indeed, the way the Indian legal system weighs the different interests of all stakeholders is unique—with the balance often tilting in favor of entities or individuals that do need to access and use socially important goods such as medicines, seeds, or books. The chapter thus makes the point that such features of the Indian IP system are broadly in line with Gandhian solidarist thoughts. Obviously, we do not suggest that the lawmakers, judges and in general Indian IP insiders explicitly follow the Mahatma’s teachings—yet we believe that the huge impact his views had on many sectors of modern Indian society may have also indirectly affected certain areas of Indian IP regimes