Minors' Rights under Intellectual Property Rights Laws: A Myth or Reality?

Abstract

In principle and practice there exists a clear divide between legal competence of minors and majors. A minor’s agreement being void is wholly devoid of all effects: creating no contractual obligation and right. In this paper it is argued that the contractual incapacity attached to the minor is detrimental to him as far as the exploitation and enforcement of his innovative, creative and intellectual talents are concerned. The contractual incapacity averts him from commercially exploiting the fruits of his intellectual labour. The Indian laws on intellectual property rights do not debar minors from acquiring intellectual property rights. However, the contractual incapacity creates impediments on minors in exploiting the IPRs by entering into licenses or assignments.