IPR Registration: A Complete Guide

December 27, 2024
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IPR Registration: A Complete Guide

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IPR Registration: A Complete Guide

December 27, 2024

Registrationwala

Intellectual property is a widely used term in the legal industry. It refers to the creation of mind. Intellectual property rights, abbreviated as IPR, are rights granted by the law for the exclusive use of the mind's creations.

Intellectual property examples include music, literature, cinematograph films, inventions, innovations, symbols, words, phrases, designs and processes. Intellectual property rights examples are trademark, copyright, geographical indication and patent.

If you want to protect your intellectual property rights in India, you must file an IPR application with the relevant authorities. If you want to learn about different kinds of IPR registration, this article titled “IPR Registration: A Complete Guide” will serve as a complete guide for you.

Concerned Authorities for IPR Registration

Applications for IPR registration must be submitted in the required format to the relevant authorities, depending on the kind of intellectual property that has to be registered.

The Controller General of Patents Designs and Trademarks, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, is in charge of overseeing the intellectual property rights registration related to trademarks and patents in India.

The Government of India's Copyright Office is in charge of managing copyrights. For IPR registration for Geographical Indication, the concerned authority for filing IPR application is Geographical Indications Registry.

How to file IPR Registration in India

As mentioned earlier, the relevant authority for filing an application for IPR registration depends on the kind of intellectual property that the creator/author wants to register. The process to file IPR registration in India for different intellectual properties have been explained as follows:

IPR Registration for Patents

Patent is a legal right conferred on an individual for their invention or innovation. Laws governing patents in India are Patents Act, 1970; Patents (Amendment) Act, 2005; Patents Rules, 2003; Patent (Amendment) Rules, 2020.

To obtain a patent, an invention must be a new product/process that doesn’t already exist. Additionally, it must offer new technical improvements since minor changes to a previously known technology can’t be patented. Further, the proposed invention must be useful.

Once a product/process has been patented, it cannot be commercially produced, distributed, used or sold without the patentee’s consent. However, after 20 years from the date of filing the patent application, the patent ends up in the public domain.

Patent IPR Registration Procedure

The IPR registration procedure for patents takes place in the following manner:

The first step in IPR registration for patent involves conducting patent search, which allows the inventor to evaluate the uniqueness, ingenuity, industrial applicability and enablement of their invention.
If the invention is found to be patentable after a thorough patent search has been conducted, the inventor must file the patent application. The application must include the specifications of the inventions as well as any other necessary or relevant information. The inventor may submit a provisional patent application or a patent complete registration application to obtain a patent IPR registration for their invention.
Once the application has been filed, the Patent Office publishes the application in the official patent journal to make it available in the public domain after 18 months from the date of filing. It is possible to request an early publication.
The patent office reviews the application after it is published. In contrast to publication, inspection does not happen immediately after filing.
Based on the information provided in the application, the examiner carefully reviews the application and delivers a report outlining all the objections raised.
To be granted a patent, the applicant must address the examiner's concerns. They have up to six months from the date of the initial examination report to respond to the report. However, by submitting a request to the Patent Office India, this period can be extended by three months.
The patent office authorizes patent registration and publishes the application in the patent gazette once it has addressed all of the examiner's objections.

IPR Registration for Trademarks

A trademark is an intellectual property right that is awarded to a company for a word, sound, logo, picture, or design that represents the business’ brand value or the goodwill connected to its goods and services.

Trademarks are governed, protected and registered according to the provisions of the Trademark Act, 1999; The Trade Marks (Amendment) Act, 2010; Trade Marks Rules, 2003; Trade Marks Rules, 2017.

A trademark remains valid for 10 years from the date of filing the application. After this, the trademark owner can file for a trademark renewal application to get trademark protection for another 10 years. As long as the trademark is renewed in a timely manner, it continues to receive protection.

Trademark IPR Registration Procedure

To obtain a trademark IPR registration, an application needs to be filed with the Trademark Registry, but before it is proper to ensure the trademark is unique and doesn’t look similar to another existing trademark. The following steps are involved in the Trademark registration procedure:

The first step in the trademark registration procedure is conducting trademark search. Doing so will allow the business to check whether their logo/symbol/design is unique or it already exists. After confirming its uniqueness, they can move on to the next step.
In this step, the applicant entity must file an application with the Trademark Registry of India. This process can be completed online. The applicant must provide all the required information in the trademark application. Once the application has been filed, an acknowledgement receipt will be generated by the official portal. It is recommended to take a screenshot of it for future reference.
Once the application has been received, the Trademark Registry will carefully go through it. The verification process can take anywhere between 12-18 months. After injections, the examiner may accept the mark conditionally, not accept it unconditionally or raise objections regarding it.
Upon acceptance of the mark unconditionally, it will be reflected in the official publication of Trademark Registry known as the Trademark Journal.
However, if the mark is rejected unconditionally, the examiner will state the conditions to be met or objections to be responded by the applicant. If the response of the applicant is found to be satisfactory, the trademark in question will be showcased in the trademark journal.
The applicant will have the opportunity to explain their case at a hearing if the response is rejected. The Examiner may grant permission and publish the relevant mark in the Trademark Journal once the applicant provides a suitable response.
If no objections are raised within the specified time frame, the authority might request third-party objections once the mark is published in the trademark journal. If no objections are raised, the authority can approve the mark.
As a final step, the registrar issues a registration certificate with a ten-year validity period to the applicant. The registrar is required to add the trademark office seal on the trademark certificate, implying its ingenuity and legitimacy.

IPR Registration for Copyrights

A copyright grants a creator exclusive rights over their work. Copyright registration can be secured for artistic works, cinematograph films, sound recordings, literary or dramatic works and sculptures to name a few.

Copyright registration isn’t mandatory by law. This is because as soon as a copyrightable work is created, it receives protection. However, copyright registration is still recommended. If there ever arises a case of copyright infringement, the registration can be used as prima facie evidence.

The laws governing and protecting copyrights in India are Copyrights Act 1957; The Copyright (Amendment) Act, 2012; Copyright (Amendment) Rules, 2021

Copyright IPR Registration Procedure

Copyright IPR Registration procedure can be completed online. The following steps are involved in the registering a copyright in India:

To begin the copyright registration process, the applicant must create a user ID and password on the official website of the copyright office.
After this, they must fill the copyright application form and enter all the required information and cross-check their accuracy.
Once the application has been filled, the applicant can submit it on the portal.
After the copyright office has received the application, careful examination of the application will be conducted by the examiner.
The minimum waiting period provided for the copyright examiner to review the copyright application is 30 days once the diary number has been provided.
In case any objection is raised by an individual regarding the applicant, both parties will receive a letter and will be called for a hearing.
If the objection is dismissed at hearing, the applicant may request scrutiny and the discrepancy procedure will be followed.
If no objections are voiced, the examiner examines the application and looks for any discrepancies. The applicant can move on to the next phase if there are no issues and all required paperwork is submitted. However, the applicant receives a letter of discrepancy if errors are found. The registrar holds a hearing and requires a response from the applicant.
The applicant can proceed to the following phase after the discrepancy has been settled. The application is denied and the applicant receives a rejection letter if the discrepancy cannot be resolved.
Only after the discrepancy has been resolved can the applicant move to the next step. If it hasn’t been resolved, the application will be rejected and a letter stating the same will be sent to the applicant.
The final step is the issuance of the copyright registration certificate. At this stage, the Registrar may request more information or documentation. If the Registrar is completely satisfied with the applicant's application, the details of the copyright application will be entered into the register of copyrights and a certificate of registration will be issued to the applicant.

IPR Registration for Geographical Indicators

Geographical indicator is one of the major types of intellectual property rights. Basically, it is a tag used on products based on their geographical uniqueness. A product’s uniqueness for GI is defined by its origin, process or availability. By obtaining GI tags, many businesses enhance their product’s marketability.

Geographical indicators in India are registered and protected according to the following statutes: the Geographical Indications of Goods (Registration and protection) Act, 1999; The Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020.

In India, a geographical indicator can be renewed for further 10-year periods after its initial 10-year validity.

Geographical Indicators IPR Registration Procedure

For registering geographical indicators, the IPR registration procedure is as follows:

Before initiating the geographical indicators registration process, a GI search must be conducted beforehand to ensure the GI isn’t already registered or pending registration.
After confirming the uniqueness of GI, the applicant must fill the application for GI registration in the prescribed form and include all the relevant details.
The application, once completed, must be submitted to the Geographical Indications Registry, along with the payment of the prescribed fee.
Once the application has been received by the Geographical Indications Registry, an examiner will be assigned to review it and ensure it meets the eligibility requirements.
Upon the application’s acceptance, the GI will be published in the Geographical Indications Journal.
Within three months of the geographical indication's publication in the Geographical Indications Journal, anybody may object to its registration.
If there is no opposition or if the opposition is rejected, the geographical indication is registered and the registered proprietor is permitted to use the registered GI tag on the product.

Conclusion

For protecting the creations of mind, encouraging innovation and promising fair recognition for the creators, intellectual property rights are extremely important. The IPR registration process varies for trademarks, copyrights, GIs and patents, with each registration process being overseen by the designated government authority. By securing IPR registration, individuals and businesses can enhance their market value and prevent others from using their work in an unauthorized manner.