Access to Knowledge in India

Abstract

This essay is a preview of the author's upcoming book Access to Knowledge in India: New Research on Intellectual Property, Innovation, and Development, an edited volume which contains contributionsfrom various scholars on the access to knowledge alongside development and trade. While the essay seeks to bring together views and insights gleaned from various chapters of the book, the author simultaneously pushes forward her argument concerning the role that courts have to play in toning down excessive intellectual property protection using the language of human rights. In particula, the author argues that constitutional law has the poten tial tofurther socioeconomic rights which are affected by intellectual property protection. The author feels that Indian constitutional litigation has taken the right step in this direction and is a model for courts in other jurisdictions as well as for international norm-setting.