Constitutionalizing Intellectual Property

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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-à-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.

About the Author
Dr. Uday Shankar is Assistant Professor at Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur. He has been conferred upon with doctoral degree for his thesis on 'Social and Economic Rights in India' by University of Delhi. He has been teaching and researching on Constitutional Law and Human Rights (Socio-Economic Rights) for the one decade.

Saurabh Bindal is a graduate Engineer in Biotechnology (passed with honours) from Dr. B.R. Ambedkar University, Agra. His proclivity towards intellectual property law developed as a student of Engineering and played a quintessential role in his selection at the Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur, India. He graduated from the Indian Institute of Technology, Kharagpur in 2012.

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