Software Patentability: A Critical Analysis of the US, Europe and India

Abstract

Intellectual Property Rights (IPR) constitutes a set of the legal rights granted to individuals or entities over creations of the mind, fostering innovation, creativity, and economic development. These rights provide exclusive ownership and control over intangible assets, allowing creators to reap the benefits of their innovations and prevent unauthorized use by others. The primary forms of intellectual property include patents, trademarks, copyrights, and trade secrets. Internationally, various agreements and treaties, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO), aim to harmonize and set minimum standards for intellectual property protection among member countries. These agreements facilitate trade by establishing a framework for the protection and enforcement of intellectual property rights on a global scale.