What is Intellectual Property Rights(IPR) and types of IPR in India?

Trademark Registration in India

What is Intellectual Property Rights(IPR) and types of IPR in India?

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This post was originally published in 2022 and has been updated on December 18, 2024, to provide you with the most current and accurate information.

 

Introduction

Innovation and invention are two of the most crucial facets of any economy. When you buy any product or services, you not only pay for the content of the product but also for the royalties of the inventor. Any unique things attached to the product or any invention made is capable of being protected under the intellectual property rights. With this blog post, we will take a comprehensive look at the concept or answer of the question: what is intellectual property rights (IPR) and its types, especially in India.

What is Intellectual Property?

First of all, let us understand the concept of intellectual property.  In simple terms, we can define intellectual property as anything that is the creation of human intelligence or mind. According to the World Intellectual Property Organization (WIPO), Intellectual property refers to creations of the mind- inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

What is Intellectual Property Rights(IPR)?

Just like any other rights, intellectual property rights benefit the creators and inventors of the unique work. By obtaining the intellectual property rights the owner becomes the sole holder of his invention and becomes empowered to avail monetary or other benefits from it. The major kinds of Intellectual Property rights in India are the trademark, copyright, geographical indications, trade secrets and the patent. All of them can be distinguished based on the work they protect.

In India, intellectual property rights are protected under various laws such as the Copyright Act of 1957, Patents Act of 1970, Trademarks Act of 1999, Designs Act of 2000, Information technology Act of 2000 and various other laws.

Types of Intellectual Property Rights

The major types of intellectual property rights are described below:

Trademark

A trademark is a unique sign, symbol, word, logo, design etc that is capable of uniquely identifying the good or a service so that it can be distinguished from its competition. With trademark registration come the exclusive usage and distribution rights for the owner.  

Every person desiring to obtain trademark registration is required to make an application with the trademark registry. One important thing to be noted here is that once you have obtained trademark registration it is valid for the initial period of 10 years and after that, you are required to seek the renewal for it.

Copyright

Unlike the trademark, the copyright is the IPR that protects the works of authorship and the other artistic or literary creations. With copyright registration comes the exclusive right of publication, distribution, and usage for the author. 

Copyrights can be sought in respect of works like sounds, music, drama, poems, books etc. Once the copyright is obtained it is valid for the creator's lifetime plus 70 years and after that, any person can use the work in whose respect copyright was sought.

Patent

Patent is another of intellectual property right that is granted to the inventor of any work. By obtaining a patent in respect of the invention the inventor can prevent the exploitation of his work by any person.

The main motive behind the patent registration is to offer material rewards for material inventions. That, in turn, encourages more innovation and development of human standards. The patent once obtained is usually valid for the time period of 20 years.

Trade Secrets

Trade secrets can be described as a type of IPR that can be sold or licensed. Formulas, recipes, procedures, software codes, client lists, supply routes, and financial data are a few examples of trade secrets. Although trade secrets are protected in India, they are not specifically governed by any laws, unlike patents under the patent act or trademarks under the trademark Act. 

To protect trade secrets, common law, equity, and laws such as the Indian Contract Act of 1872 and the Information Technology Act of 2000 are used. The Bharatiya Nyaya Sanhita, 2023, may be applicable in situations including dishonesty, criminal breach of trust, or trade secret theft. One of the most notable trade secrets in India is the closely guarded recipe for the popular spice blend called "Masala Magic," which is used by Nestle in their instant noodles, Maggi. 

Geographical Indications (GI)

Geographical Indication, abbreviated as GI, is a type of IPR that identifies the geographical origin of a product. A broad range of products are covered by GIs. Some of these products include alcoholic beverages like wine and champagne, non-alcoholic beverages like mineral water and fruit juice, arts, handicrafts, traditional ornaments, etc.

In December 1999, the Parliament of India passed the Geographical Indications of Goods (Registration and Protection) Act. In September, 2003, this Act was finally enforced. This statute provides for the registration and protection of GIs for Indian goods. 

Conclusion

Intellectual property rights are crucial for ensuring that creators receive recognition for their work like inventions, designs, literary and artistic works, and software. Various laws have been enforced in India every now and then to ensure the intellectual property rights of creators, such as patents, trademarks, copyrights, geographical indications and trade secrets are protected. 

Frequently Asked Questions (FAQs)

Q1. Is there a specific law for governing trade secrets in India?

A. No, there is no specific law governing trade secrets in India as of now.

Q2. Who supervises the working of the Patents Act, 1970?

A. The Controller General supervises the working of the Patents Act, 1970.

Q3. What is the patent journal?

A. A patent journal is a publication published by the Indian Patent Office. It contains details regarding patents, including applications, grants, and expirations.

 

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