The Role of Judiciary in Reviewing and Upholding the Rights of Intellectual Property - Holder

Keerthana, L. (2025) The Role of Judiciary in Reviewing and Upholding the Rights of Intellectual Property - Holder. In: JUDICIAL REVIEW : Scope Limitation and Overreach Edition 2025. SK Bose, Judicial Review: Scope Limitation and Overreach Edition 2025, pp. 209-219. ISBN 978-93-342-6760-0

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Abstract

“CREATION IS A KEY FOR INNOVATION”
Every creation leads to innovation. The legal protection of such innovation must take several
forms. For example, patents protect the inventor rights, copyright protects the author rights,
trademarks protect the ownership of tangible property or goodwill over a company's reputation, etc. Similarly, numerous laws under the single shield of intellectual property laws which are protected and prohibited countless rights of human creations. However, because of the administrative action’s failure mechanism, government authorities' arbitrary acts resulted in the
denial or violation of their rights. This study will contribute to the analysis of how courts evaluate government or administrative rulings pertaining to IP enforcement. How can courts strike a balance between administrative discretion and IP holders' rights? Discuss about other allied functions of judicial review in controlling IP enforcement actions that could violate those rights of IP holders.
Keywords: Intellectual Property, Rights, Judicial Review, Innovation, Discretion.

Item Type: Book Section
Subjects: Legal Studies > Intellectual Property Law
Domains: Legal Studies
Depositing User: Mr IR Admin
Date Deposited: 12 May 2026 07:08
Last Modified: 12 May 2026 07:08
URI: https://ir.vistas.ac.in/id/eprint/18656

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