Intellectual Property sans Human Rights in India
Intellectual property laws in India have been around since colonial times. However, like many other developing countries, as an importer of technology, India continued with a weak patent model. In contrast to patents, the country made constant changes in its copyright law in consonance with international developments after independence in 1947.
India had to make significant changes in its patent law after adopting the TRIPs agreement in 1994. Yet, it had to make very few changes in its copyright law to meet its obligation under the TRIPs Agreement. However, two decades since adoption, the copyright industry has not evolved unlike United Kingdom and United States of America. And, it has been 10 years since India adopted a new patent system and still we are waiting for a major discovery or invention in India.
One of the reasons for lack of production of intellectual property from India can be attributed to a rote education system that does not encourage critical thinking. However, a more glaring reason is the fact that till date there are no real and effective human rights enforcement in India. Without any real freedom of speech and expression it is almost impossible to create anything from our minds. If the mind is not free to think and express then how do we expect to create any intellectual property? After all, intellectual property is a creation of our mind.