The term intellectual property relates to the creations of human minds and human intellect. Creator can be given the right to refrain others from using their inventions, literature work, designs, or other creations and to use that right to negotiate payment in return for others using them. These are Intellectual Property Rights. Known Copy Right, Patent, Trademark, Geographical Indications etc. The creation of Intellectual Property Rights (IPR) is increasingly being recognized in global economy and society. Intellectual Property Rights are becoming the backbone of every economy including India and their protection is essential for sustained growth of a nation. The Intellectual Property Rights are not only being used as a tool to protect the creativity and generate revenue but also to build strategic alliance for the socio-economic and technological growth. So important are the Intellectual Property Rights for the economy of India, it become imperative to know the Constitutional aspects of Intellectual Property Rights in India. The question arises as to, whether under the Indian Constitution Intellectual Property Rights are protected as fundamental rights or something else? In this article/Research paper, the author likes to highlight whether the Constitution of India contains specific Constitutional provisions for the protection of Intellectual Property Rights? and whether the Intellectual Property Rights are at par with the fundamental rights guaranteed in part III of the Constitution? and whether a balance can be maintained between Intellectual Property Rights and fundamental rights?

Keywords: Intellectual Property Rights, Constitutional Protection, Fundamental Rights, Trademark.