Abstract

India and some other developing countries of Asia are at primary stage of understanding and applying of law relating to Intellectual property rights, because of lack of awareness among people. The growth of law depends on the volkgeist of its people in a country so every state is under obligation to increase the understanding of issues in general people through grass root level by teaching, campaigning and publication .All the rights of people are protected by the States, but the knowledge of their own rights needs efforts individually and collectively. Judicial activism has the key role to play in this regard. Patent, trademarks, copyrights are the concepts which need easy, authentic information in common language of people in general so that they are able to understand the essence of rights owned by them in all intangible properties. Who is going to do this task for the benefit of common people? The law of the country if remain unknown to more than seventy percent of population just by reason of illiteracy or if it is not presented in local language, then its implementation is not at all possible .It is a matter of legal research how the people residing in rural areas or tribal areas of India opt for their rights in intangible properties, without any idea about their existence. Those creations of human intellect which remain unknown to the creator, due to illiteracy are not within the ambit of intellectual property rights? If yes, who owns the liability to enforce them, the government, the NGO’s, or someone else? The present work focuses on to find the answers of above questions. Legal aid facility in developing countries like India includes this subject in their Aid schemes or not. To ‘owns one’s own intellectual creation in personal name, is not a right that increase the dignity of any human being?

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