It is important that the laws with respect to intellectual property are uniform doughnut the world so that the cover of legal protection goes across international borders and affords effective protection against violations. The WIPO seeks to achieve this by international laws and treaties. It assists the creators of intellectual property in protecting their inventions, trademarks and the industrial designs. WIPO, therefore, not only promotes international cooperation among nations in the area of intellectual property rights but also facilitates transfer of technology relating to the industrial property to the developing countries so as to accelerate their economic, social and cultural development.
Fundamental Rights are the soul of Indian Constitution, which is why the framers of the Constitution made special provisions for their enforcement. Under Article 32 and Article 226 one may approach the Supreme Court or any of the High Court’s respectively for the enforcement of any of the fundamental rights. The Supreme Court, or the High Court approached may issue appropriate orders, directions or writs for the enforcement of the right violated. There are five types of writs available.
These are: Habeas Corpus: By issuing Habeas Corpus the Court can direct any person or authority to produce the person detained by such person or authority, and may order his release if the detention is found to be illegal. Mandamus: Mandamus means ‘We command’. The writ can be issued to command any person or authority to carry out any function that such a body or person is legally duty bound to perform.
It is a high prerogative and an extensively remedial writ. Certiorari: Certiorari is a writ or order issued by a superior court calling upon the records of a proceeding in an inferior court for review or commanding it to certify the cause pending before it so as to ensure that effective justice is meted out. Quo Warrantor: Quo Warrantor means ‘by what authority’. It is a writ issued to any authority occupying a public office asking it to show by what authority it occupies the public office in question. Prohibition: Prohibition is an order issued by a higher court forbidding a lower court from proceeding in a suit deemed to be beyond its jurisdiction.
It is a remedy against the encroachment of jurisdiction. In exercise of their writ jurisdiction the courts not only have the power to redress but also to compensate for the violation.