There is well-established statutory, administrative and judicial framework to safeguard intellectual property rights in India, whether they relate to patents, trade marks, copyrights or industrial designs. Well known international trademarks have been protected in India even when they were not have been protected in India even when they were not registered in India. The Indian Trademarks Law has been extended through court decision to service marks in addition to trademarks for goods. Computer Software Companies have successfully curtailed piracy through court orders. Computer databases have been protected. The Courts, under the doctrine of breach of confidentiality, accorded an extensive protection of trade secrets. Right to privacy, which is not protected even in some developed countries, has been recognized in India.

Protection of intellectual property rights in India continues to be strengthened further. The year 1999 witnessed the consideration and passage of major legislation with regard to protection of intellectual property rights in harmony with international practices and in compliance with India's obligation under TRIPS. These include the patents (Amendment) Act 1999, the New Designs Act, 2000, The New Trade Marks Act, 1999, The copyright (Amendment) Act, 1999, The Semiconductor Integrated layout Design Act 2000, The Geographical Indication of Goods (Registration Protection) Act, 1999.

The copyright Act, 1957has been amended from time to time to meet with the requirements of time. Although the Copyright Act has been kept abreast to meet the new challenges, the enforcement of the Act remains primarily with the State Governments. The Central Government has already formed copyright Enforcement Advisory Council, which has Senior Police Officers as representatives of the State Governments in the council besides concerned Central Government Departments and the industry representatives. On behest of the Central Government, some of the States have also appointed Nodal Officers for strict enforcement of copyright Act and coordination with the Copyright Industry and other enforcement agencies. In order to take strict action against the pirates by strengthening enforcement machinery and to protect the fragile copyright industry in order to promote creative works the Central Government has requested the State Government of Kerala to take suitable remedial action for effective enforcement of the provisions of the Copyright Act.

Accordingly, as per the orders of the Hon'ble Chief Minister of Kerala, the subject `Intellectual Property Rights' has been entrusted to Law Department. Thereafter, the Deputy Inspector General of Police (Technical Services) has been declared as the State Nodal Officer for coordinating the Police action for effecting the Special Cell formed for effective enforcement of the provisions of the Copyright Act. Cyber Police station has also been constituted. Various measures have been taken for the enforcement of the provisions of the Copyright Act so as to formulate measures to streamline and strengthen the IPR administration system in the State. As a result, a meeting on the Enforcement of Intellectual Property Rights in our State was held on 14.5.2004. The high level meeting was attended by the Law Secretary, Home Secretary, Director (IT Mission), IGP of Police, State Crime Records Bureau, DYSP Cyber Police station, Joint Secretary/Nodal Officer I.T (Law), & Joint Secretary (Suits).

It was identified that creating awareness on the masses about the Intellectual Property Rights is the basic requirement for strengthening the IPR administration system in the State. This goal is to be achieved by propaganda through Website, Periodic advertisements in Newspaper, TV channel and also though other electronic media. Another requirement is the training programme at State Police level in the pattern of training programmes on copyright for the Police and Customs Officers conducted by National Police Academy of Customs, Excise and Narcotics. Also the subject of Intellectual Property Rights and Cyber laws are to be strictly prescribed in the syllabus for LLB courses. Above all, IPR Policy for the State is to be formulated and the same is under consideration of the Law Department. Law (Nodal) Section of Law Department is associated with matters relating to Intellectual Property Rights.