1.

Introduction
2. Meaning and nature of the intellectual property
3. Meaning of Intellectual Property Rights
4. Need for legal protection of intellectual property
5. Advantages and disadvantages of Intellectual Property Rights
5.1. Advantages of Intellectual Property Rights
5.2. Disadvantages of Intellectual Property Rights
6. Components of Intellectual Property Rights
6.1. Copyright
6.1.1. What kind of works can be protected under copyright
6.1.2. Law relating to copyright in India : the Copyright Act, 1957
6.1.3. Copyright infringement
6.1.4. How to register a copyright in India
6.1.4.1. Steps to register copyright
6.1.5. Need and benefits of registration of copyright
6.2. Patents
6.2.1. Criteria for patentability of an invention
6.2.2. What kind of protection is given by patents
6.2.3. Patent law in India: the Patents Act, 1970
6.2.4. Patent infringement and remedies
6.2.5. Procedure of obtaining a patent in India
6.2.6. What are the benefits of patent registration
6.3. Trademarks and service marks
6.3.1. What is the function/purpose of a trademark
6.3.2. Law regulating to trademarks in India: the Trademarks Act, 1999
6.3.3. Infringement of trademark
6.3.4. Process of registration of trademark in India
6.3.5. Benefits of trademark registration
6.4. Industrial designs
6.4.1. Type of protection provided by industrial design
6.4.2. Kinds of products that can come under Industrial design protection
6.4.3. Law relating to designs in India: the Designs Act, 2000
6.5. Geographical Indications (GI)
6.5.1. Benefits of registration of GI
6.5.2. Law relating to GI in India: the Geographical Indications of Goods (Registration and
Protection) Act, 1999
6.6. Trade Secrets
6.6.1. Types of trade secrets
6.7. Layout designs of integrated circuits
6.7.1. The Semiconductor Integrated Circuits Layout Designs Act, 2000
7. Other laws relating to Intellectual Property Rights in India
7.1. The Protection of Plant Varieties and Farmers’ Rights Act, 2001
7.2. The Biological Diversity Act, 2002
8. A quick glance at the important Intellectual Property Rights
9. International regime of Intellectual Property Rights
9.1. The Paris Convention on the Protection of Industrial Property
9.2. Patent Co-operation Treaty, 1970
9.3. Berne Convention for Protection of Literary and Artistic Works, 1886
9.4. Universal Copyright Convention, 1952
9.5. Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organisations (1961)
9.6. WIPO Copyright Treaty, 1996
9.7. Hague Agreement concerning the International Deposit of Industrial Design, 1925
9.8. World Intellectual Property Organisation (WIPO)
9.8.1. Objectives of WIPO
9.9. TRIPS Agreement
9.9.1. Categories of IP covered by TRIPs
10. Intellectual Property Rights in India : FAQs
10.1. FAQs regarding Patents in India
10.2. FAQs regarding designs in India
10.3. FAQs regarding Geographical indications (GI)
 11. Conclusion
12. References

Introduction
Intellectual Property Rights (IPRs) are the rights associated with intangible property
owned by a person/company and protected against use without consent. Thus, rights
relating to ownership of intellectual property are called Intellectual Property Rights.
These rights aim to protect intellectual property (creations of human intellect) by
allowing the creators of trademarks, patents, or copyrighted works to benefit from their
creations. The Universal Declaration of Human Rights (UDHR) also refers to intellectual
property rights under Article 27 which states that “Everyone has the right to the
protection of the moral and material interests resulting from any scientific, literary or
artistic production of which he is the author.”

Thus, the purpose of IPR is to reward human intellect by providing exclusive rights to the
creators over their inventions, artistic, musical works, etc.

In this article, the author has discussed the meaning of intellectual property and
intellectual property rights, the international regime of IPR and laws relating to IPR in
India, etc.

Meaning and nature of the intellectual property

Intellectual property (IP) is an intangible property that comes into existence through
human intellect. It refers to the creations of the mind or the products of human intellect
such as inventions; designs; literary and artistic works; symbols, names and images
used in commerce.

The “Convention Establishing the World Intellectual Property Organisation” states that
“intellectual property” shall include the rights relating to: —

1. literary, artistic, and scientific works,

2. performances of performing artists, phonograms, and broadcasts,

3. inventions in all fields of human endeavour,

4. scientific discoveries,

5. industrial designs,

6. trademarks, service marks, commercial names and designations,

7. protection against unfair competition, and

8. all other rights resulting from intellectual activity in the industrial, scientific, literary,
or artistic fields.

Other categories of intellectual property include geographical indications, rights in

respect of know-how or undisclosed information, and layout designs of integrated
circuits.
Meaning of Intellectual Property Rights
The term “Intellectual Property Rights (IPR)” is used to refer to the bundle of rights
conferred by law on a creator/owner of intellectual property. These are the rights that a
person has over the creations of his mind. They seek to protect the interests of the
creators by rewarding their mental labour and allowing them to retain property rights
over their creations. The creators and inventors are thus allowed to benefit from their
creations. IP rights are the legal rights governing the use of intellectual property.

Need for legal protection of intellectual property

The various reasons behind granting protection to intellectual property through the
enactment of suitable Intellectual Property (IP) laws are as follows:

1. To encourage inventions and creations that promote the social, economic, scientific,
and cultural development of society by incentivising the creators and allowing them to
make economic gains out of their creations.

2. To provide legal protection to intellectual creations.

3. To prevent third parties from enjoying the fruits of someone else’s creativity.

4. To facilitate fair trading.

5. To promote creativity and its dissemination.

6. Giving recognition to the efforts of creators.

7. Preventing the infringement of proprietary rights of creators in their creations from

unauthorised use.

8. To encourage investment of skill, time, finance, and other resources into innovation
activities in a manner that is beneficial to society.

Advantages and disadvantages of Intellectual

Property Rights

Advantages of Intellectual Property Rights

1. IPR protection gives your business a competitive advantage over other similar
businesses.

2. IPR protection allows you to prevent unauthorised use of your intellectual property
and works.

3. IPR enhances the value of your company and also opens avenues for collaborations
and opportunities for generating income such as by entering into licensing agreements
to exploit/work the invention/work.

4. IPR helps to attract clients and creates your brand value. For example, the consumers
start identifying your products with the unique logo or registered trademark.
Disadvantages of Intellectual Property Rights
1. You have to incur additional costs for getting IPR protection including legal costs and
other fees.

2. Even after getting the intellectual property right, you might still face a lot of
difficulties in curbing the copying and unauthorised use of your work. Moreover,
sometimes an attempt to enforce IP rights could lead to a reduction in the consumer
base.

3. IP rights aren’t absolute. There are certain limitations and conditions imposed by law
on the exercise of these rights (such as a limited period of protection and compulsory
licensing provisions) in the interests of the general public.

Components of Intellectual Property Rights

Copyright
The term ‘copyright’ concerns the rights of the creators/authors of literary and artistic
works. A copyright is also called a ‘literary right’ or ‘author’s right’. Copyright gives an
author exclusive rights to his creation and prevents the copying and unauthorised
publishing of his work. Copyright protection begins at the very moment a work is created
and expressed in some tangible form. Copyright protection is granted to a work that is
an original creation. Also, the protection extends only to expressions. Mere ideas without
any tangible expression are not granted legal protection and do not form the subject
matter of copyright. Copyright protects the following two rights of the author:

1. Economic rights i.e., the right of the owner to derive financial benefit from the use of
their works by others. For instance, the right to prohibit or authorise reproduction of
the work in various forms, the right to prohibit unauthorised translation of the work,
etc.

2. Moral rights i.e., protection of non-economic interests of the author. For instance, the
right to oppose changes to work and the right to claim authorship, etc.

What kind of works can be protected under copyright

The following categories of works typically come under copyright protection:

Literary works such as novels, plays, poems, and newspaper articles;

Computer programs and databases;

Films, musical compositions, and choreography;

Artistic works such as photographs, paintings, drawings, and sculpture;

Architecture and advertisements, maps, and technical drawings.

In India, the term of copyright protection extends throughout the lifetime of the author
and then 60 years after his death.
Law relating to copyright in India : the Copyright Act, 1957
The Copyright Act, 1957 is a comprehensive legislation dealing with copyrights in India.
The Act regulates the various aspects relating to copyright regime in India such as:

Registration of copyright

Publication, term of copyright

Assignment, and licence of copyright

Special rights of broadcasting organisation and performer’s rights

Infringement of copyright and remedies thereof

Establishment of copyright authorities and copyright societies

International Copyright

The term of copyright protection provided under the Act for the various categories of
works is given below:

1. Literary, dramatic, musical and artistic works: Life of the author plus 60 years after
death.

2. Anonymous and pseudonymous works: 60 years from the date of publication.

However, if the identity of the author is disclosed before the expiry of that 60 years,
then the term of protection shall be life of the author plus 60 years after death.

3. Posthumous works: 60 years from publication.

4. Cinematograph films: 60 years from publication.

5. Sound recordings: 60 years from publication.

6. Government work: 60 years from publication.

7. Works of public undertakings: 60 years from publication.

8. Works of international organisations: 60 years from the publication of the work.

Copyright infringement
Section 51 of the Copyright Act, 1957 provides for ‘What constitutes copyright
infringement’. Copyright is said to be infringed:

1. when a person does something that the owner of the copyright has the exclusive right
to do, or permits for profit the use of any place for the purpose of the communication
of the work to the public, where such communication constitutes an infringement of
the copyright in the work, without a licence or in violation of the conditions of the
licence.

2. When any person makes for sale or hire, sells or lets for hire, or displays or offers for
sale or hire, or distributes either for the purpose of trade or to such an extent as to
prejudice the owner of the copyright, or exhibits in public, or imports into India any
infringing copies of the work.

Section 52 enlists the acts which do not constitute an infringement of copyright such as
fair dealing in any work for personal, private use or for research, reproducing any work
for the purpose of a judicial proceeding or replication by a teacher or a pupil in the
course of teaching etc.

It is pertinent to note that the Copyright Act provides for both civil and criminal remedies
against infringement of copyright.

How to register a copyright in India

The Registrar of Copyrights maintains a Register of Copyrights wherein he enters the
names or titles of works and the names and addresses of authors, publishers and owners
of the copyright. This entering or recording of names and other particulars of the
copyright owners in the register of copyrights is called Registration of copyright.

The procedure for registration of copyright in India is provided under Section 45 of the
Copyright Act, 1957 read with Chapter XIII of the Copyright Rules, 2013.

Steps to register copyright

1. Filing of application: The author/publisher/owner or any other person interested in the

copyright can make an application (Form-XIV of Copyright Rules) for registration of
copyright to the Registrar of Copyrights. Such application must be accompanied by
the prescribed fee for entering particulars of the work in the Register of Copyrights.

Also, an application for registration of copyright shall be in respect of one work only. It
should be signed only by the applicant, who may be the owner or author of the right. In
case, the application is made by the owner of the copyright, an original copy of a no-
objection certificate issued by the author in the favour of the owner has to be submitted.

2. Application for registration of copyright in an unpublished work: An application for

registration of an unpublished work should be accompanied by two copies of the work.

3. Application for registration regarding an artistic work that is being used or could be
used in connection with any goods or services: In case the application for registration
is regarding an artistic work that is or can be used in relation to any goods or
services, the application must include a statement along with a Certificate from the
Registrar of Trademarks that no trademark identical to or deceptively similar to such
artistic work has been registered under the Trademarks Act, 1999 or no such
application has been made.

4. Application for registration in respect of an artistic work which is capable of being

registered as a design: In this case, the application must be supported by an affidavit
declaring that:

1. The design has not been registered under the Designs Act, 2000, and

2. That it has not been applied to an article through an industrial process and
reproduced more than 50 times.

3. Mode of filing the application: The application for registration of copyright can be filed
in following modes:
1. By visiting the Copyright Office in person; or

2. By post; or

3. By online facility i.e.,

https://www.copyright.gov.in/UserRegistration/frmLoginPage.aspx.

6. Notice of application: The person applying for registration of copyright has to give the
notice of the application to every person who claims to have, or has any interest in
the subject matter of the copyright or who is disputing the rights of the applicant to
the copyright.

7. Entering of particulars in Register of Copyright: A thirty day period is given for filing of
objections and if no objections to the registration are received by the Registrar, and
on being satisfied that the particulars stated in the application are correct, the
Registrar of Copyright shall enter such particulars in the Register of Copyrights.

8. Completion of registration process: The registration process is complete when a copy

of the entries made in the register of copyrights is signed and issued by the Registrar
of Copyrights or by the Deputy Registrar of Copyrights. Also, every entry made by the
Registrar of Copyrights has to be published by him in the prescribed manner.

Need and benefits of registration of copyright

The registration of copyright is optional. However, the registration of copyright offers
several advantages to the author or owner of copyright. This can be discerned from
Section 48 of the Copyright Act. Section 48 provides that the register of copyright is
prima facie evidence of the particulars entered therein and shall be admissible in
evidence in all courts. Thus, a person who has got the copyright registered in his name is
generally presumed to be the author/owner of the work. Registration of copyright is
beneficial due to the following reasons:

It allows the owner to protect his work from being used in an unauthorised manner.

It becomes easier to claim ownership and royalties for your work when it is to be used
or adapted in any manner.

Copyright registration specifies the date of publication.

Registration of copyright in your name might work in your favour in case of any claim
of copyright infringement.

Patents
A patent is an exclusive right granted for an invention or innovation, which might be a
product, a method or a process, that introduces a novel way of doing something or offers
a new technical solution to a problem. In other words, it is a right of monopoly granted
to a person who has invented:

1. a new and useful article, or

2. improvement of an existing article, or

3. a new process of making an article.

A patent is granted for inventions having industrial and commercial value. It is the
exclusive right to manufacture the new article/manufacture the article with the invented
process for a limited period of time (usually 20 years from the filing date of the
application) in exchange for disclosure of the invention. A patent owner can sell his
patent or grant licence to others to exploit the same.

Criteria for patentability of an invention

1. It should be novel.

2. It should have inventive steps or it must be non-obvious.

3. It should be capable of Industrial application.

What kind of protection is given by patents

The patent owner possesses the exclusive right to prevent others from commercially
exploiting the patented invention.

Third parties are prevented from manufacturing, using, distributing, selling etc. the
patented invention/product without the consent of the patent owner.

Patent law in India: the Patents Act, 1970

The invention of a person can be patented only if the procedure and other requirements
prescribed in the Patents Act, 1970 are fulfilled. The Patent Act, 1970 provides for a
detailed procedure for obtaining a patent, right from the filing of an application to the
grant of a patent. The Act also contains provisions for rights and obligations of the
patentee, term of the patent, transfer of patent, surrender, revocation, and restoration of
patent, infringement of patent, and remedies thereof. The Act provides for patent
protection for a period of 20 years after which the technology or invention goes to the
public domain.

Section 3 of the Act provides a list of non-patentable inventions for which no patent
could be granted. Under Section 4, the inventions relating to atomic energy are also
declared as non-patentable.

It is worth mentioning that earlier no product patent could be granted for medicine, food
items and chemicals and only the process of manufacturing medicines, food items and
chemicals could be patented. However, after the Patent (Amendment) Act, 2005 product
patents can be issued for manufacturing these products.

Patent infringement and remedies

Any violation of the rights of the patentee constitutes infringement of patent such as a
colorable imitation of your invention or taking of the essential features of your invention.
Under the Patents Act, Sections 47 and 107-A provides for the acts that shall not be
considered as an infringement of patent. For example, the import of any machine or
other articles by or on behalf of the government or the manufacturing or use of a
patented process by or on behalf of the government does not constitute patent
infringement. The various remedies available against patent infringement are as follows:

Injunction

Damages or account of profits

Delivery up or destruction of infringing goods

Certificate of validity

Procedure of obtaining a patent in India

You can file a patent application at the Patent Office in physical mode or in electronic
mode.

Following are the steps involved in obtaining a patent:

1. Filing of application

Place of filing patent application: A patent application has to be filed at the head office
of the patent office or the branch office, within whose territorial limits:

1. Applicant normally resides or has a domicile, or

2. Applicant has a place of business, or

3. At the place where the invention actually originated.

Mode of filing application: You can submit the patent application through post or by
hand. You can also opt for e-filing through
https://ipindiaonline.gov.in/epatentfiling/user/frmLogin.aspx.

Who can file the application: Following persons either alone or jointly can file the
patent application:

1. Any person claiming to be the true and first inventor of the invention;

2. Assignee of the above in respect of the right to make such an application;

3. The legal representative of any deceased person who was entitled to make such an
application immediately before his death.
 Form of application: Every patent application shall be for one invention only.

Every application must specify that the applicant possesses the invention and identify
the individual claiming to be the true and first inventor. If the individual claiming to be
the true and first inventor is not the applicant or one of the applicants, the application
must state that the applicant believes the person so listed/named to be the true and
first inventor.

Application must be accompanied by a provisional or a complete specification.

2. Filing of provisional and complete specification

What is patent specification: A patent specification is a technical document describing

the invention. The provisional specification gives the initial description of the invention
on the filing of the patent application. Whereas a complete specification gives full and
sufficient detail of an invention in such a manner that a person skilled in the art can
use the invention when he reads such a description.

If the patent application is accompanied by a provisional specification, the complete

specification has to be filed within 12 months from the date of the filing of such
application. In case it is not filed within the said period, the application is deemed to
have been abandoned.

3. Claim of priority date: Priority date is the date on which the patentee claims his
invention. There shall be a priority date for each claim of a complete specification.
Generally, the priority date is the date of filing of the provisional specification provided
the claims contained therein are fairly based on the description of the invention as
given in the provisional specification. But when the patent application is accompanied
by complete specification or if any application is post-dated to the date of filing of
complete specification, in that case the priority date shall be the date of filing of the
complete specification.

4. Amendment of specification: The applicant may amend the application, the

complete specification and other documents before or after the grant of the patent.
Such amendment shall be in accordance with the procedure prescribed as regards to
the permission of the Controller and publication of the amendment.

5. Publication and Examination of application

The patent application shall not be open to the public until the expiry of 18 months
from the date of filing of the application or the date of the priority of the application.
However, applicants may request the Controller to publish the application at an earlier
date.

The application is published within one month after the expiry of the said period of 18
months.

Thereafter, a request has to be made by the applicant or other interested persons for
examination of the application. Such a request shall be made within 48 months from
the date of priority of the application or from the date of filing of application,
whichever is earlier. If the request is not made within the prescribed period, the
application is treated as withdrawn.
6. Time for putting application in order for grant: The applicant must comply with
all the requirements imposed on him by or under the Act in relation to the application
within 12 months from the date on which the Controller forwarded to the applicant the
first statement of objections to the application, complete specification, or other
documents related thereto.

7. Opposition to grant of patent

Pre-grant opposition: Before the patent has been granted, any person may, in writing,
represent by way of opposition to the Controller against the grant of the patent.

Post-grant opposition: After the grant of the patent but before the expiry of 1 year
from the date of publication of grant of patent, any interested person may give notice
of opposition to the Controller. Thereafter, the Controller constitutes the Opposition
Board and the patent may be revoked on the basis of the report of the Board.

8. Grant of patent

If the application for patent is found to be in order for grant of patent, the patent shall
be granted.

On the grant of patent, the Controller publishes the fact of such grant and thereupon
the application and other documents shall be open for public inspection.

What are the benefits of patent registration

1. Patent registration ensures the complete protection of your patent/invention against
any unauthorised use for a period of 20 years.

2. Patent registration allows you to enjoy monopoly in the market as regards your
invention during the period of patent protection.

3. Patent registration confers exclusive right to exploit the patent on patentee or his
licensee or assignee.

4. You can licence the patent and gain royalties for the same.

Trademarks and service marks

A trademark is a symbol that is used to distinguish the goods of one enterprise from its
competitors. A trademark may consist of a single letter, logo, symbol, design, or
numerals and three-dimensional features such as shape and packaging, etc. Section
2(zb) of the Trademarks Act, 1999 defines “trademark” as a mark capable of graphical
representation and which can be used to distinguish the goods or services of one person
from those of others. A trademark may include the shape of goods, their packaging, and
a combination of colours. Hence, distinctiveness is the hallmark of a trademark.

Trademarks used in connection with services such as tourism, banking, etc., are called
Service Marks.

The owner has the exclusive right to the use of a registered trademark. There are 45
classes of trademarks, consisting of 34 classes of products and 11 classes for services.
What is the function/purpose of a trademark
A trademark is a symbol that identifies a product and its source.

It reflects the goodwill of a business.

It assures the consumer about the established quality of the product.

It serves as an advertisement for the product.

A registered trademark provides legal protection to your brand.

It helps to establish a dedicated consumer base by preventing others from imitating

your brand.

Law regulating to trademarks in India: the Trademarks Act, 1999

The Trademarks Act, 1999 was enacted to provide for the registration and better
protection of trademarks for goods and services, as well as to prevent the use of
fraudulent marks. The Act contains provisions regarding:

1. Registration of trademarks

2. Effect of registration

3. Rights of the trademark holder

4. Special provisions relating to protection of trademarks through international

registration under the Madrid Protocol

5. Use of trademark and registered users

6. Collective marks

7. Certification of trademarks

8. Assignment and transmission of trademark

9. Infringement and passing off action in trademark and legal remedies thereof, etc.

A trademark is registered for 10 years but it can be periodically renewed and can be
used for an indefinite period.

Infringement of trademark
In order to constitute infringement of a registered trademark, following conditions are
required to be fulfilled:

1. The person is not authorised to use the trademark.

2. The infringing trademark is similar/identical/deceptively similar to the already

registered trademark.

3. The infringing trademark must be used in the course of regular trade in which the
registered proprietor or user is already engaged.

4. The infringing trademark must be printed represented usually in advertisement,

invoices or bills. Mere oral use of a trademark is not infringement.

5. Using either the whole of the registered trademark or an adopted one by making a
few additions and alterations.
Section 29 of the Trademarks Act provides for the common forms of trademark
infringement. For instance, the advertisement of a registered trademark of another for
promotion of one’s trade amounts to infringement. Following remedies are available to
the trademark owner against infringement of his trademark:

1. Filing suit for infringement

2. Criminal remedies

Process of registration of trademark in India

The various steps involved in registration of trademark are as follows:

Application for registration

A person claiming to be the proprietor of a trademark used or proposed to be used by

him, who desires to register it has to file an application with the Registrar for
registration of his trademark. Such an application shall be made in writing and must
be accompanied by prescribed fees.

A single application may be made for registration of a trademark for different classes
of goods and services.

The application has to be filed in the office of the Trade Marks Registry within whose
territorial limits the principal place of business in India of the applicant is situated.

Refusal, acceptance and withdrawal of acceptance

The Registrar may accept or reject an application after it has been received. The
application may be accepted with or without amendments, modifications, conditions
and limitations.

If after acceptance, but before registration, the Registrar discovers that the
application was erroneously accepted, he may withdraw the acceptance.

Advertisement of application

The Registrar shall after acceptance of the application, cause the application to be
advertised in the prescribed manner.

The application is advertised in the Trademark Journal for the purpose of inviting
objections from interested persons.

The Registrar may cause the application to be advertised before acceptance in certain
cases.

Opposition to registration

Any person may within 4 months from the date of the advertisement give a written
notice of his opposition to the registration. The notice of such registration is given to
the applicant and thereafter evidence is submitted to the Registrar. After hearing the
parties, the Registrar decides as to whether the registration is to be permitted or not.

Registration
 If the application for trademark registration is accepted and not opposed, or if
opposed, the objection is ruled in the applicant’s favour, the Registrar must register
the trademark within 18 months of the filing of the application.

The date of registration of a trademark is the date of making of the said application.

On registration of a trademark, the Registrar shall issue to the applicant a certificate

in the prescribed form of the registration thereof, sealed with the seal of the
Trademarks Registry.

Benefits of trademark registration

1. A registered trademark is an intangible asset that adds value to the business.

2. Trademark registration aids in creating brand value and gaining a strong position in
the market.

3. Registration of a trademark is prima facie evidence of its validity.

4. The registered trademark holder has the exclusive right to use that mark and to
obtain relief in case of infringement of trademark.

5. Trademark registration is for a period of 10 years and can be renewed as well.

6. A registered proprietor of a trademark has the right to transfer his right through
licence or assignment of his trademark.

Industrial designs
An industrial design means the ornamental or visual aspects of an article. It may consist
of three-dimensional features, for instance, the shape of an article, or two-dimensional
features, such as lines, patterns, or colour. An industrial design is purely aesthetic, non-
functional, and has no utility. It is necessary to provide legal protection to the creative
originality of an industrial design to prevent others from copying it.

Type of protection provided by industrial design

The owner of registered industrial design reserves the right to prevent others from
manufacturing, selling, or importing articles bearing or embodying a design which is a
copy of or is substantially similar to the protected design.

Kinds of products that can come under Industrial design protection

Products of industry and handicraft items

Household goods

Lighting equipment

Jewellery

Electronic devices

Textiles, etc.
Law relating to designs in India: the Designs Act, 2000
The Designs Act, 2000 seeks to promote the creation of novel, original designs along
with balancing competing interests by granting the time-bound monopoly right to use
registered industrial design by the owner. The Act contains provisions regarding
registration of designs, copyright in registered designs, industrial and international
exhibitions, restoration of lapsed designs, the penalty for infringement of registered
designs, etc.

Geographical Indications (GI)

A geographical indication (GI) is used to identify goods having a specific geographical
origin. These indications denote quality, reputation, or other characteristics of such
goods essentially attributable to their geographical origin. Generally, geographical
indications are used for foodstuffs, agricultural products, wine, industrial products and
handicrafts. Examples of GI include Basmati Rice, Darjeeling Tea etc.

Benefits of registration of GI
Confers legal protection to domestic/national GI which in turn boosts exports.

Prevents others from making unauthorised use of a Registered Geographical

Indication.

Promotes the economic well-being of producers of items produced in a specific

geographic area.

Law relating to GI in India: the Geographical Indications of Goods

(Registration and Protection) Act, 1999
The Geographical Indications of Goods (Registration and Protection) Act, 1999 provides
for the registration and better protection of geographical indications relating to goods.
The Act contains provisions relating to the establishment of a Geographical Indications
Registry, registration of geographical indications of goods, rights conferred by
registration, registration of authorised users of registered geographical indications,
provisions for renewal, rectification and restoration of geographical indications, and
prohibition of registration of geographical indication as a trade mark, etc.

Trade Secrets
Trade Secrets are IP rights on confidential information which may be sold or licensed. A
trade secret refers to any confidential business information and may include designs,
drawings, plans, business strategies, R & D related information, etc. In order to qualify
as a trade secret, the information should be commercially valuable i.e. useful in a trade
or business, known to a small number of people, and subject to reasonable steps taken
by the rightful holder of the information to keep it secret.
Types of trade secrets
Technical information such as information regarding manufacturing processes,
designs, drawings of computer programs, etc.

Commercial information, such as distribution methods, advertising strategies, etc.

Financial information, formulas, recipes, secret combination of elements, source

codes, etc.

Layout designs of integrated circuits

Integrated circuits are used in products such as television, radio, mobile, washing
machine, and data processing instruments. The layout designs of integrated circuits not
only reduce the space but also enhance the capacity and performance of the system. In
India, the Semiconductor Integrated Circuit Layout Design Act, 2000 regulates the
registration, use, and protection of original and distinct layout designs.

The Semiconductor Integrated Circuits Layout Designs Act, 2000

The Act deals with the protection of Semiconductor Integrated Circuits layout designs. It
has been enacted to give effect to Section 6 in Part II of the TRIPS Agreement relating to
Layout-Design (Topographies) of Integrated Circuits. The Act contains provisions relating
to registration of Semiconductor Integrated Circuits layout designs including the
procedure and duration of registration, the effect of registration, assignment and
transmission of registered layout-design, use of layout-design, and penalty for
infringement of layout-design, etc.

Other laws relating to Intellectual Property Rights

in India

The Protection of Plant Varieties and Farmers’ Rights

Act, 2001
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 seeks to provide legal
protection to plant varieties, rights of farmers, and plant breeders and also encourages
the development of new plant varieties. The Act contains provisions regarding the
establishment of Protection of Plant Varieties and Farmers’ Rights Act Authority,
registration of plant varieties and essentially derived variety, duration, and effect of
registration, rights conferred by registration, framers’ rights, compulsory, infringement of
any right provided under the Act and relief thereof.

The Biological Diversity Act, 2002

The Biological Diversity Act, 2002 provides for the conservation of biological diversity,
sustainable use of its components, and fair and equitable sharing of the benefits arising
out of the use of biological resources and knowledge. It contains provisions relating to
the regulation of access to biological diversity, the establishment of the National
Biodiversity Authority and its functions, the establishment of the State Biodiversity Board
and its functions, the constitution of Biodiversity Management Committees, and the
constitution of the Local Biodiversity Fund, etc.
A quick glance at the important Intellectual
Property Rights
PATENT COPYRIGHT TRADEMARK

Patents may be granted

Any symbols,
in any field of Original works of
phrase, word,
technology for authors and artists
design that
inventions that are new ranging from books,
identifies and
Subject of and useful including a music, paintings,
distinguishes
protection new product or an sculpture to computer
the source of
improvement of an programs, databases,
the goods of an
existing product or a advertisements, maps
enterprise from
new process of making and technical drawings.
those of others.
a product.

Novelty and
usefulnessInventive Distinctive
step/ Non- Original creative (capable of
Requirements obviousnessIndustrial workMust be in some identifying the
applicationMust be tangible medium source of a
patentable according to particular good)
the Patent Law in force

It should be equal to or
longer than 50 years Can vary but is
after the creator’s usually 10
Term of 20 years from the date death. In India, the years and can
protection of filing of application copyright protection be renewed on
lasts for the life of the payment of an
author plus 60 years additional fee.
after death.

Rights granted Right to decide who Right to derive financial Right to

to patentee/ may use the reward from the use of exclusive use of
copyright invention/Right to work by othersRight to trademark by
owner/ authorise the use of authorise or prevent the owner or its
trademark patent by issuing licence certain uses of the licenseeRight to
holder and through workRight to authorise assignRight to
assignmentRight to or prohibit reproduction seek legal
exploit the patentRight of workRight to remedies
to surrender the authorise or prohibit against
patentRight to be issued recording, for example infringement
duplicate patentRight in the form of CDs and
against infringement DVDsRight to prohibit
or authorise
broadcasting by radio,
satelliteRight to
authorise or prohibit
translation of work in
other languagesRight to
authorise adaptation of
the work into a movie
 etc.Moral right to claim
authorship of the
workRight to transfer
the rights through
assignment or grant
permissive use of the
copyright to any
personRight against
infringement

Trademarks can
be registered or
unregistered.
The Trademark
Copyright protection Law offers
runs automatically protection for
Being a territorial right,
without the need for both registered
a patent must be
any registration and non-
registered in a country
Registration formalities. However, a registered
according to the
system of voluntary trademarks.
procedure prescribed by
registration is However, a
its Patent Law.
established by most registered
countries. trademark
provides prima
facie evidence
of its
ownership.

International regime of Intellectual Property Rights

Various agreements and conventions have been formulated at the international level to
govern and regulate the various aspects and emerging issues relating to intellectual
property rights. Some of the major efforts undertaken in the form of major international
instruments, treaties, conventions, and forums dealing with intellectual property rights
are as follows:

The Paris Convention on the Protection of Industrial

Property
The Paris Convention on the Protection of Industrial Property adopted in 1883 is the
oldest international convention and was the first major step taken towards the protection
of IP rights. The Convention contains 30 Articles dealing with various aspects and types
of industrial property including patents, trademarks, service marks, utility models,
industrial designs, geographical indications, and the repression of unfair competition. The
Convention was revised in July 1967 in Stockholm.

The Convention is based on three guiding principles:

1. National treatment: Each contracting state must provide the same level of
protection to nationals of other contracting states as it grants to its own nationals.

2. Right of priority: The Convention provides for the right of priority in the case of
patents and utility models, marks and industrial designs. This right means that the
applicant may, within a certain period of filing a regular first application in one of the
contracting states, apply for protection in any of the other contracting states as well.
The subsequent applications filed within the grace period shall be regarded as being
filed on the same date as the first application. The benefit of this provision is that
applicants seeking protection in several countries need not present all of their
applications at the same time and have a period of 6/12 months to decide in which
countries they wish to seek protection.

3. Uniform rules: The Convention lays down some common rules that must be followed
by all member states such as:

1. Patents granted in different contracting states for the same invention are independent
of each other and the inventor has the right to be named as such in the patent.

2. Industrial designs must be protected in each contracting state, and protection may
not be forfeited on the ground that articles incorporating the design are not
manufactured in that State.

3. Protection must be granted to trade names in each contracting state without there
being an obligation to file or register the names.

Patent Co-operation Treaty, 1970

The Patent Co-operation Treaty (PCT) was concluded on 19th June, 1970 and came into
effect on 24th January, 1978. The treaty aims to simplify the procedure of filing patent
applications in states that are party to the treaty agreement. It provides a system for
filing a patent application and entitles the nationals of a contracting state to obtain
patents in multiple countries around the world on the basis of a single patent application.

Berne Convention for Protection of Literary and Artistic

Works, 1886
The Berne Convention for Protection of Literary and Artistic Works adopted in 1886 is the
most significant International Convention dealing with copyright protection. It provides
for a minimum term of protection of copyright i.e. life of the author plus 50 years or an
alternative of 50 years from the publication of anonymous and pseudonymous works.
The Convention is based on three basic principles:
1. Principle of national treatment: The works originating in one member state must
be given the same protection in each of the other member states as the latter grants
to the works of its own nationals.

2. Principle of automatic protection: Protection should not be conditional upon

compliance with any formality. This means that the original artistic and literary works
shall be given automatic global protection from the moment of their creation, in a
fixed medium, thereby ensuring equal treatment to such works.

3. Principle of “independence” of protection: This means that the protection is

independent of whether the protection exists in the country of origin of the work or
not.

Universal Copyright Convention, 1952

Universal Copyright Convention (UCC) was developed under the auspices of the United
Nations Educational, Scientific and Cultural Organisation (UNESCO) as an alternative to
the Berne Convention of 1886. The Convention came into force in 1955. The Convention
is based on the principle of national treatment and also requires each contracting state
to maintain specific minimum legal safeguards protection of copyright. The Convention
prescribes that the formalities required by the national law of a contracting state shall be
considered to be satisfied if all the copies of a work originating in another contracting
state carry the symbol ©, accompanied by the name of the copyright owner and the
year of first publication.

Rome Convention for the Protection of Performers,

Producers of Phonograms and Broadcasting
Organisations (1961)
The Rome Convention secures protection in performances for performers’, in phonograms
for producers of phonograms, and broadcasts for broadcasting organisations. The
Convention was concluded in 1961 and came into effect on 18th May 1964. It grants
protection to performers if their performance takes place in another contracting state
such as prohibiting the unauthorised broadcast of the performance.

WIPO Copyright Treaty, 1996

The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention
providing for the protection of works and the rights of their authors in the digital
environment. According to the treaty, the works/subject matter protected by copyright
include:

1. Computer programs; and

2. Databases i.e. compilations of data or other material, in any form constituting

intellectual creations.
Hague Agreement concerning the International Deposit
of Industrial Design, 1925

The Hague Agreement concerning the International Deposit of Industrial Design, 1925,
as revised in 1960 seeks to facilitate international protection of industrial design through
the provision of a single deposit with the International Bureau of WIPO in order to
prevent possible infringement by other member states. The protection is offered when
the industrial design is deposited on payment of a prescribed fee. Once the industrial
design is registered and published, it will have the same effect in the contracting states
as if it had been registered under the national laws.

World Intellectual Property Organisation (WIPO)

Established on 14th July 1967, WIPO is a global forum for intellectual property (IP)
services, policies, information, and cooperation. It aims to develop an effective and
balanced international IP system that encourages innovation and creativity for the
benefit of all. WIPO has 193 member states.

Objectives of WIPO
Promoting intellectual property protection around the world through state cooperation
and partnership with any international organisation;

Harmonising national intellectual property legislations and procedures;

To provide services with regard to international applications for intellectual property

rights;

For exchanging information on intellectual property;

To provide legal and technical assistance concerning IP to developing and other

countries;

Facilitating resolution of private intellectual property disputes;

Marshal information technology is a tool for storing, accessing and using valuable
intellectual property information.
TRIPS Agreement
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
1994 is an international level multilateral agreement that deals with the protection of
intellectual property rights. The TRIPS Agreement recognizes the importance of IP in
international trade and also provides a dispute resolution and prevention mechanism for
trade-related IP issues. Every member of WTO is required to observe the provisions of
TRIPs and provide a minimum level of IP protection in their national laws.

Categories of IP covered by TRIPs

Copyright and related rights

Trademark

Geographical indications

Industrial design

Patent

Layout designs of integrated circuits

Protection of undisclosed information

Intellectual Property Rights in India : FAQs

FAQs regarding Patents in India

1. What is the term of patent in the Indian system?

The term of patent in the Indian system is 20 years from the date of filing of the
application.

2. Does the Indian patent give worldwide protection?

No, since patent protection is a territorial right, it is effective only within the territory of
India. No concept of a global patent exists. However, an applicant filing a patent
application in India can file a corresponding application for the same invention in the
convention countries or under the PCT, within 12 months from the date of filing in India.

3. What is the right time for applying for a patent?

A patent application should be filed as soon as possible. An application filed with a

provisional specification revealing the essence of the nature of the invention aids in the
registration of the priority of the invention. Delays in filing an application may expose the
inventor to risks such as:

1. Another inventor filing a patent application on the same invention, and

2. The inventor inadvertently publishing the invention by himself/herself or by others

independently of him/her.

3. Who can apply for a patent?

A patent application can be filed by the true and first inventor or his assignee, either
alone or jointly with any other person.

5. How can I apply for a patent?

You can submit a patent application to the Indian Patent Office with either a provisional
or complete specification, as well as the fee set forth in Schedule I of the Patent Act. If
the application is filed with a provisional specification, then the complete specification
has to be filed within 12 months from the date of filing of such provisional application.

6. Can I file a patent application online?

Yes, you can file a patent application online through this portal:
https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin

7. In which language can a patent application be filed?

A patent application can be filed with the Indian Patents Office in English/Hindi.

FAQs regarding designs in India

1. What is the object of a design registration?

Registration of designs seeks to protect the original and creative designs and ensures
that the creator/artisan/originator of a design is not deprived of the bonafide reward of
his skill and labour.

2. What is the effect of registration of a design?

The registration of a design grants the registered proprietor “copyright” in the design for
the duration of the registration period.

3. What is the duration of the registration of a design?

The duration of registration is initially 10 years from the date of registration. However, in
case a priority claim has been allowed, the duration is 10 years from the priority date.
This initial period of 10 years is extendable by 5 years if an application to that effect is
made in Form-3 along with the prescribed fee before the expiry of said 10 years.

4. Can I re-register a design in respect of which copyright has expired?

No, you cannot re-register a design, the copyright of which has expired.

5. Why is it important to file for the registration of a design at the earliest?

It is important to file for the registration of a design as early as possible due to the
applicability of the first-to-file rule. This means that if two or more applications are filed
for registration of identical or similar designs on different dates, then only the first
application shall be considered for registration of the design.