Constituitionalizing Intellectual Property

Constitutionalizing Intellectual Property is a book authored by Dr. Uday Shankar and Saurabh Bindal, which delves into the interdisciplinary realm of Constitution of India and intellectual property regime being followed in India. The book is a collection of papers, written on various aspects of human rights law. Starting from a general sketch of Socio and Economic rights and Civil and Political rights, it treads to cover the issue of right to health, right to food and the intellectual property regime.

The book then proceeds to cover the issue of compulsory licensing in patent law with respect to the right to health, textured in the Indian constitution. Use of one's name as a mark of his identity and reputation follows as another script of this book. Access to justice has been an issue which has engulfed the Indian subcontinent on all fours. Its direct implication on the right to life of an individual has found space in various adjudications. A chapter in the book devotes itself to the aspect of access to justice and its role in streamlining the operations of intellectual property regime in India. The role which trademark law plays in upholding the interest of the consumer can never be debated. A chapter in the book dedicates itself to the understanding of the locus standi of a consumer in a battle of trademark infringement. Right to environment and development vis-a-vis the intellectual property regime followed in India forms yet another instance of discussion in this book. Copyright Amendment Bill, 2012 has brought a new dawn to the engraved human rights of an individual. Two chapters in this book particularly focus on the aspect of Copyright Amendment Bill, 2012 and its implication on the enunciated human rights. Right to Information Act, 2005 has been hailed by many as the knight in the shining armour. This book also portrays some of the nuances of the Right to Information Act with respect to the intellectual property regime followed in India.

Reviews

Constitutionalizing IP is compelling reading, which attempts to analyze the emerging jurisprudence of IP and public policy. The work by Dr. Uday Shankar and Saurabh Bindal touches upon various elements of IP and its interface with the society from a Utilitarian and Welfare economic perspective, mapping the Indian experience and must for IP students and scholars.

- Prof. (Dr.) V.C. Vivekanandan,
MHRD IP Chair Professor, Nalsar University of Law

The chasm between what "ought" to be and what "is" Law related to intellectual property gets a new dimension with this book...indeed a good read.

- Prof. (Dr.) Ghayur Alam
Professor in Business and IP Laws (MHRD Chair Professor), NLIU Bhopal

Constitutionalizing Intellectual Property glues readers with the assortment of papers on constitution and intellectual property law, which textures the nitty gritty of both.

- Prof. (Dr.) Manoj Kumar Sinha
West Bengal National University of Juridical Sciences

An altogether different dimension and approach to the study of intellectual property rights. Instead of dealing with IPR from the point of view of the 'owner' of the right and the infringer, dealing with IPR from the point of the third party, the customer, the common man, is the unique feature of this book. This book will certainly help the reader in developing an alternative perspective about IPR.

- Prof. S. Shantha Kumar
Director, School of Law, ITM University, Gurgaon