CRIMINAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN INDIA: CHALLENGES GAPS & THE WAY FORWARD

AUTHOR – HARDIK THARWANI, STUDENT AT UNITEDWORLD SCHOOL OF LAW, KARNAVATI UNIVERSITY

BEST CITATION – HARDIK THARWANI, CRIMINAL ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS IN INDIA: CHALLENGES GAPS & THE WAY FORWARD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 349-364, APIS – 3920 – 0001 & ISSN – 2583-2344.

1. INTRODUCTION

Intellectual Property Rights (IPR) play a crucial role in protecting innovation creativity& commercial goodwill. As economies become increasingly knowledgedriven the protection of intellectual property has become central to economic growth & technological development. India as a member of the global intellectual property regime has developed a legal framework to protect these rights through both civil & criminal remedies.

Indian intellectual property laws prominently the Copyright Act 1957& the Trade Marks Act 1999 contain criminal provisions that impose penalties for acts such as piracy counterfeiting& unauthorized commercial use of protected works. These provisions are intended to act as a deterrent against largescale infringement that can cause serious commercial/economic harm to rights holders.

However despite the existence of these criminal provisions the enforcement of intellectual property laws in India continues to face several practical challenges. Issues such as lack of specialised knowledge among enforcement authorities delays in criminal proceedings& challenges in investigating technologically complex offences often reduce the effectiveness of criminal remedies.

This dissertation examines the criminal enforcement framework for intellectual property laws in India evaluates its effectiveness& explores possible amendments that could strengthen enforcement mechanisms.