In the rapidly evolving global economy, knowledge and innovation have become the most valuable assets for individuals, businesses, and nations. Intellectual Property Rights are legal protections granted to creators, inventors and artists, enabling them to control and benefit from their intellectual creations. From inventions to artistic expressions, IPR ensures that innovation is recognized, rewarded, and preserved. In India, the concept of intellectual property has evolved Significantly over the past few decades. Historically, India’s legal framework for IPR was limited, with the focus mainly on patents.But,Today, India’s intellectual property laws cover patents, trademarks, copyrights, industrial designs, geographical indications, and trade secrets, reflecting the country’s commitment to protecting creative and innovative works.. It plays a vital role promoting research and development, attracting foreign investments, fostering entrepreneurship, and boosting economic growth. For startups, artists, and innovations. It not only safeguards intellectual efforts but also strengthens the foundation for a progressive society.In India, IPR plays a significant role in attracting foreign investment and strengthening domestic industries by assuring investors and enterprises that their intellectual assets will be safeguarded against misuse and unfair competition. For start-ups, entrepreneurs, artists, and researchers, intellectual property protection provides the assurance needed to experiment, innovate, and commercialise ideas without the constant fear of unauthorised infringement .
INTELLECTUAL PROPERTY RIGHTS AND THEIR CLASSIFICATION
The term Intellectual Property (IP) refers to creations and inventions that originate from human intellect. These creations are the result of considerable effort, including the investment of time, skill, energy, and resources. The ideas behind these inventions or creations are intangible, yet they
hold immense value for the individual who developed them.To recognize and protect this effort, the law grants Intellectual Property Rights (IPR), which provide creators and innovators with exclusive legal rights.The major categories of intellectual property include:
(i) patents, which protect inventions¹
(ii) copyrights, which safeguard literary and artistic, musical, and other creative works.²
(iii))trademarks, which secure brand identities, logos, and signs used in commerce.³
(iv) industrial designs, which cover the aesthetic aspects of products.⁴
Additionally, there are geographical indications, trade secrets, and plant variety protections, each serving unique purposes within the broader framework of IPRs.⁵
By classifying intellectual property, legal systems a structured and efficient approach to innovation protection, ultimately benefiting creators, businesses, and society as a whole.⁶
¹The Patents Act, 1970, § 2(1)(j) (India).
²The Copyright Act, 1957, § 14 (India).
³The Trade Marks Act, 1999, § 2(1)(zb) (India).
⁴The Designs Act, 2000, § 2(d) (India).
⁵The Geographical Indications of Goods (Registration and Protection) Act, 1999 ; The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (India);Trade Secrets Law, India.
⁶B. Ramappa, Intellectual Property Rights Under WTO 12–15 (3d ed. 2019).
Patent
A patent is a statutory intellectual property right granted to an inventor by the appropriate government authority for a novel and useful technical invention. An invention refers to a new solution to a problem through the development of a product or a process.⁷Among all forms of intellectual property rights, patents are regarded as the most valuable because they encourage technological progress by rewarding innovation with exclusive legal protection.⁸
CRITERIA FOR PATENT
An invention to qualify for patent protection, it must satisfy the following essential requirements.
1.Industrial Applicability
The invention must be capable of being made or used in an industry and should serve a practical purpose.⁹
2.Novelty:
The invention must be new and should not have been disclosed, published, or made available to the public anywhere in the world before the date of filing the patent application.¹⁰
3.Inventive Step (Non-obviousness):
The invention needs to involve a technical improvement and should not be obvious to a skilled professional in the relevant area. An invention that can be easily derived by an ordinary skilled person does not qualify for patent protection.¹¹
⁷The Patents Act, No. 39 of 1970, § 2(1)(j) (India).
⁸B. Ramappa, Intellectual Property Rights under WTO 52 (3d ed. 2019).
⁹ Patents Act, No. 39 of 1970, § 2(1)(ac) (India)
¹⁰ Id. § 2(1)(l) (India)
¹¹Id. § 2(1)(ja).
Non-Patentable Inventions under the Patents Act, 1970
Section 3 of the Patents Act, 1970 specifies certain categories of inventions that are excluded from patent protection.
These include:
- Frivolous inventions,¹²
- Inventions contrary to natural laws,¹²
- Those inventions that are harmful to human, animal, or plant life or the environment, or are opposed to public order or morality.¹²
- Only the discovery of scientific principles, abstract ideas, or living and non-living entities
- Substances occurring in nature, substances obtained by mere admixture, and mere arrangements of known devices are also not patentable.¹³
- Inventions relating to atomic energy or affecting the security of India are expressly excluded from patentability.¹⁴
DISCLOSURE AND RIGHTS OF PATENTEE
A patentee is granted exclusive rights over the invention, the inventor is required to fully disclose the invention in a clear and descriptive manner at the time of filing the application.¹⁵Once published, patent documents become publicly accessible and often guide further research and innovation in the concerned field.¹⁶
¹²Patents Act, No. 39 of 1970, § 3(a)–(c).
¹³Id. § 3(d), (f).
¹⁴Id. § 4.
¹⁵Id. §10.
¹⁶World Intell. Prop. Org., Understanding Patents (2022).
PROCEDURE FOR GRANTING PATENT IN INDIA
Stage 1: Submission of Patent Application and Determination of Prioritize
An applicant seeking patent protection is required to submit a patent application in the prescribed form before the appropriate patent office. The application must disclose all essential particulars of the invention, including its description, claims, and drawings.¹⁷ The applicant is then required to file the complete specification within a period of twelve months from the date of filing of the provisional application.¹⁸
Stage 2: Official Publication of Patent Application
A patent application is published in the Official Patent Journal after the expiry of eighteen months from the date of filing or the priority date, whichever is earlier.¹⁹ The applicant may, however, request early publication by submitting the prescribed request along with the requisite fee.²⁰
Stage 3: Opposition Proceedings
The Patents Act provides for both pre-grant and post-grant opposition mechanisms.²¹A pre-grant opposition may be filed by any person after the publication of the patent application but before the grant of the patent, provided that a request for examination has been filed.²² Post-grant opposition may be initiated within the prescribed period after the grant of the patent.²³
Stage 4: Request for Substantive Examination
A patent application is examined only after the applicant files a separate request for examination along with the prescribed fee.²⁴This request must be submitted within forty-eight months from the date of filing or the priority date of the application.²⁵
¹⁷The Patents Act, 1970, § 7 read with § 10 (India).
¹⁸Id. § 9(2).
¹⁹Id. § 11A(1).
²⁰Id. § 11A(2).
²¹Id. § 25.
²²Id. § 25(1).
²³Id. § 25(2).
²⁴Id. § 11B(1).
²⁵Id. § 11B(3).
Stage 5: Examination, Objections, and Compliance
The patent examiner evaluates the application on grounds such as novelty, inventive step, non-obviousness, and industrial applicability.²⁶ Any objections raised during examination are communicated to the applicant through the First Examination Report (FER).²⁷ The applicant is required to respond to and satisfactorily address these objections within the stipulated period.²⁸
Stage 6:Grant of Patent and Maintenance of Rights
Upon satisfactory compliance with all examination requirements, the Controller of Patents grants the patent.²⁹ To maintain the patent in force, the patentee is required to pay renewal fees at prescribed intervals, as mandated by law.³⁰
Compulsory Licensing
Under Section 92 of the Patents Act, 1970, the government is empowered to grant compulsory licences in circumstances such as national emergency, extreme urgency, or public non-commercial use.³¹ This mechanism is significant in relation to essential goods and services, including medicines, food products, medical devices, and life-saving equipment.³² In such cases, the patentee is entitled to receive reasonable and equitable remuneration for the use of the patented invention.³³
Industrial Design
Industrial design refers to the protection of the ornamental and aesthetic features of products that are manufactured on a large scale. It relates to a product’s appearance, including its shape, configuration, pattern, colour, and surface decoration, which may be expressed in two-dimensional or three-dimensional forms.³⁴
²⁶The Patent Act,No.of 1970,§§ 12–13,India.
²⁷Id. § 14.
²⁸Id. § 21(1).
²⁹Id.§ 43.
³⁰Id. § 53 read with § 142.
³¹Id.§ 92.
³²World Health Organization, Public Health, Innovation and Intellectual Property (2016).
³³The Patents Act, No. 39 of 1970, § 90, India.
³⁴The Designs Act, No. 16 of 2000, § 2(d), India.
The focus of industrial design law is on how a product looks rather than how it functions.To qualify for protection, a design must be new, original, and non-functional;Only visual features are protected under design law, while technical or functional aspects fall outside its scope and may instead be protected through patents.³⁵ In India, industrial designs are governed by the Design Act, 2000, which provides protection for a period of ten years, extendable by an additional five years.³⁶
Trademarks
With industrialisation and the growth of global trade, trademarks became an essential tool for identifying goods and services in the modern market.³⁷A trademark is a distinctive sign, symbol, or mark that identifies goods as originating from a particular person, company, or enterprise. Businesses may use multiple trademarks for different products, while a trade name is used to identify the enterprise itself.³⁸
Trademarks help businesses build reputation, goodwill, and consumer trust. Consumers often rely on trademarks when it is difficult to assess the quality of a product or service immediately. In many cases, customers are willing to pay a premium for branded goods due to prestige and brand loyalty, even when similar quality products are available.³⁹
Forms of Trademarks
A trademark or service mark may consist of words, names, surnames, geographical names, slogans, letters, numerals, logos, symbols, designs, images, or combinations of these elements, provided they distinguish one business from another.⁴⁰
³⁵Designs Act, No. 16 of 2000, § 2(d) (India).
³⁶Id. § 11.
³⁷ R.K. Bansal, Intellectual Property Rights (PHI Learning 2015).
³⁸The Trade Marks Act, No. 47 of 1999, § 2(1)(zb), India.
³⁹R.K. Bansal, Intellectual Property Rights (PHI Learning 2015).
⁴⁰The Trade Marks Act, No. 47 of 1999, § 2(1)(m), India.
Apart from traditional marks, some jurisdictions recognise non-traditional trademarks, such as:
- Smell (olfactory) marks, such as the scent of freshly cut grass for tennis balls registered in the UK, and a floral fragrance registered in the US for sewing thread.⁴¹
- Sound marks, such as the NBC musical notes registered in 1950 and the MGM lion’s roar.⁴²
- Colour marks and shape marks, including colour combinations and three-dimensional signs like the Mercedes-Benz three-pointed star.⁴³
Trademark Law in India
The Trade Marks Act 1999 provides that any mark which is distinctive and capable of graphical representation may be registered as a trademark in India.⁴⁴ Trademark registration is granted for an initial period of ten years and can be renewed indefinitely upon payment of renewal fees.⁴⁵ Any person claiming to be the proprietor of a trademark can apply for its registration in the prescribed manner and fee, including multi-class and convention applications.⁴⁶
Layout Design of Semiconductor Integrated Circuits
In today’s era ,daily life is deeply dependent on electronic devices such as smartphones, computers, medical equipment, and household appliances. These devices rely on integrated circuits, whose compact designs are the result of significant investment, technical expertise, and creative effort.⁴⁷
A layout design refers to the three-dimensional arrangement of elements, including active elements and interconnections, forming an integrated circuit intended for industrial manufacture. Unauthorised copying of such designs causes serious losses to the electronics industry and discourages innovation.⁴⁸
⁴¹ Case C-273/00, Sieckmann v. Deutsches Patent- und Markenamt, 2002 E.C.R. I-11737.
⁴²World Intellectual Property Organization, Sound Marks, WIPO Mag. (2018).
⁴³ Qualitex Co. v. Jacobson Prods. Co., 514 U.S. 159 (1995).
⁴⁴The Trade Marks Act, No. 47 of 1999, § 2(1)(zb), India.
⁴⁵ Id.§ 25, India.
⁴⁶Id.§ 18, India.
⁴⁷ World Intellectual Property Organization, Layout-Designs of Integrated Circuits (WIPO Publ’n No. 347, 2015).
⁴⁸ Washington Treaty on Intellectual Property in Respect of Integrated Circuits, May 26, 1989, art. 2.
The Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty), 1989, administered by WIPO, provides protection for layout designs for a minimum period of ten years, extendable up to fifteen years by member states.⁴⁹
In India, protection is provided under the Semiconductor Integrated Circuits Layout-Design Act, 2000, enacted in compliance with the TRIPS Agreement. Any original and inherently distinctive layout design can be registered for a period of ten years, safeguarding the interests of the electronic and technology sectors.⁵⁰
Trade Secrets
A trade secret refers to confidential information that is commercially valuable because it is not generally known and provides a competitive advantage to a business. Such information may involve innovative ideas or knowledge that are useful for business but not eligible for patent protection. In many cases, businesses also protect creative or technical information as trade secrets while applications for patents, copyrights, or industrial designs are still pending.⁵¹
Trade secrets may include technical information, such as formulas, recipes, software, devices, blueprints, patterns, maps, architectural plans, manuals, and manufacturing processes. They may also cover commercial and business information, including marketing strategies, financial data, customer databases, pricing methods, and internal business records. Any information that derives economic value from being kept confidential can qualify as a trade secret.⁵²
Geographical Indications
Geographical Indications refer to names or symbols used to identify goods as originating from a specific geographical area, where the quality, reputation, or other characteristics of the goods may be linked to their place of origin.⁵³
⁴⁹ Treaty on Intellectual Property in Respect of Integrated Circuits art. 7, May 26, 1989, administered by World Intellectual Property Organization.
⁵⁰The Semiconductor Integrated Circuits Layout-Design Act, No. 37 of 2000, §§ 7–11, India.
⁵¹ World Intellectual Property Organization, Protecting Trade Secrets: What Is a Trade Secret? (WIPO).
⁵² Agreement on Trade-Related Aspects of Intellectual Property Rights art. 39, Apr. 15, 1994, 1869 U.N.T.S. 299.
⁵³ Geographical Indications of Goods (Registration and Protection) Act, No. 48 of 1999, § 2(1)(e)(India).
In India, Geographical Indications are protected under the Geographical Indications of Goods (Registration and Protection) Act, 1999, along with the Geographical Indications of Goods (Registration and Protection) Rules, 2002. The Act is administered by the Controller General of Patents, Designs and Trade Marks, who also functions as the Registrar of Geographical Indications. A dedicated Geographical Indications Registry has been established at Chennai, where right holders from all parts of India can apply for GI registration.⁵⁴Under Indian law, GI registration is granted for a period of ten years and may be renewed from time to time for further periods of ten years. ⁵⁵
Copyright
Copyright protects how ideas are presented, it does not cover the ideas themselves. It safeguards the original way in which authors, artists, and creators present their thoughts through words, music, images, or other creative forms. The growth and cultural development of any society largely depend on the creativity of its people, and copyright law plays an important role by encouraging such creative efforts.⁵⁶
Copyright Registrations
Copyright arises automatically upon the creation of a work; registration is not mandatory for protection. However, registration serves as prima facie evidence of ownership and authorship in legal proceedings. It helps establish the creator’s rights and simplifies enforcement in cases of infringement.⁵⁷
⁵⁴Geographical Indications of Goods (Registration and Protection) Act, No. 48 of 1999, §§ 3–5, India.
⁵⁵Id. § 18.
⁵⁶World Intellectual Property Organization, Understanding Copyright and Related Rights (WIPO Publ’n No. 909, 2016).
⁵⁷The Copyright Act, No. 14 of 1957, § 48.
Copyright safeguards numerous forms of creative and literary expressions, including:
- Literary and scientific works, such as novels, poems, textbooks, newspapers, journals, magazines, pamphlets, and plays⁵⁸
- Musical works, including songs, instrumental compositions, choruses, solos, and orchestral pieces⁵⁸
- Artistic works, such as paintings, drawings, sculptures, architectural works, and advertisements⁵⁸
- Photographic works, including portraits, landscapes, fashion, and event photography⁷⁷
- Cinematographic works, such as films, documentaries, dramas, newsreels, television programmes, cartoons, videos, and other audiovisual content⁵⁸
- Computer-related works, including computer programs, software, databases, maps, and technical drawings⁵⁸
Copyright Act ,1957
Copyright in India is regulated by the Copyright Act, 1957, which provides statutory protection to authors and creators of original literary, artistic, musical, and dramatic works, as well as cinematograph films, sound recordings, and computer programs. The primary objective of the Act is to promote creativity by granting exclusive rights to creators while ensuring access to knowledge for the public.⁵⁹ The Act protects the expression of an idea rather than the idea itself, ensuring that creativity is encouraged without granting monopolies over abstract concepts. Copyright arises automatically upon the creation of a work, and registration is not compulsory.
The duration of copyright protection generally extends to the lifetime of the author plus sixty years after their death. In the case of cinematograph films, sound recordings, photographs, and government works, copyright subsists for sixty years from the year of first publication.⁶⁰
⁵⁸The Copyright Act, No. 14 of 1957, § 13, India.
⁵⁹Id. §§ 13–14.
⁶⁰Id.§§ 22–29 .
Duration of Copyright in India
In India, the term of copyright protection varies depending on the nature of the work. For literary, dramatic, musical, and artistic works, copyright subsists for the lifetime of the author and continues for sixty years after their death. This extended protection ensures that the creator’s heirs can also benefit from the work.⁶¹
In contrast, for photographs, cinematograph films, and sound recordings, copyright protection lasts for sixty years from the beginning of the calendar year following the year in which the work is first published or released.⁶²
IMPORTANCE AND IMPACT OF INTELLECTUAL PROPERTY RIGHT IN INDIA
Encouraging innovation and research
Intellectual Property Rights (IPR) provide legal protection to inventions and creative works, ensuring that innovators can benefit from their efforts. This protection acts as a strong incentive for individuals, research institutions, and industries to invest time and resources in innovation. In India, effective IPR protection promotes technological development and creative output by rewarding originality and sustained research.⁶³
Supporting Start-ups and Entrepreneurship
For start-ups and small enterprises, intellectual property often forms the foundation of their business value. Patents, trademarks, and copyrights help protect business ideas, establish brand identity, and prevent unfair competition. In India’s growing entrepreneurial ecosystem, IPR enables start-ups to attract investors, enter licensing arrangements, and commercialise innovations more securely.⁶⁴
⁶¹Copyright Act, No. 14 of 1957, § 22 (India).
⁶²Id. §§ 26–27 (India).
⁶³World Intellectual Property Organization, What is Intellectual Property? (WIPO 2023).
⁶⁴Department for Promotion of Industry and Internal Trade, National IPR Policy (Gov’t of India 2016).
Attracting Foreign Investment
A strong and reliable intellectual property regime increases investor confidence, particularly among foreign companies. Investors prefer jurisdictions where their intellectual assets are protected against misuse and infringement. India’s evolving IPR framework has therefore played a significant role in attracting foreign direct investment, especially in technology-driven and research-intensive sectors.⁶⁵
Promoting a Knowledge Economy
IPR contributes to the growth of a knowledge-based economy by recognising knowledge, creativity, and innovation as valuable economic assets. By protecting intellectual output, IPR encourages the generation and dissemination of knowledge, which is essential for India’s long-term economic development in a globalised and technology-oriented world.⁶⁶
CHALLENGES OF INTELLECTUAL PROPERTY RIGHT IN INDIA
Enforcement Problems
Although India has well-developed intellectual property laws, enforcement remains a major challenge. Delays in judicial proceedings, lack of specialised expertise, and limited enforcement infrastructure often weaken the effectiveness of IP protection. These shortcomings reduce the deterrent effect of IPR laws and discourage rights holders from pursuing remedies.⁶⁷
Lack of Awareness among Creators
Many creators, artisans, and small-scale innovators in India remain unaware of the scope and benefits of intellectual property protection. This lack of awareness leads to underutilisation of IP rights and increases the risk of exploitation and misappropriation of creative works. Enhancing legal literacy and awareness programmes is therefore essential.⁶⁸
⁶⁵World Intellectual Property Organization, World Intellectual Property Report pp.44–45 (WIPO).
⁶⁶ Id.Pp. 31–32.
⁶⁷Id. Pp. 88–89.
⁶⁸Id. Pp. 90–91.
Infringement Issues
Counterfeiting issues continue to pose serious threats to intellectual property in India, particularly in the digital environment. Unauthorised copying of films, books, software, and music results in economic losses for rights holders and undermines creative industries. Addressing these challenges requires stronger enforcement mechanisms and public cooperation.⁶⁹
CONCLUSION
Intellectual Property Rights are an essential element of India’s legal and economic framework. They encourage innovation, strengthen entrepreneurship, attract foreign investment, and support the transition towards a knowledge-based economy. However, challenges such as weak enforcement, lack of awareness, and persistent infringement continue to limit their effectiveness.
As India advances in technology, digital innovation, and global trade, the importance of IPR will continue to grow. Strengthening enforcement, improving awareness, and adapting IP laws to emerging technologies will be crucial to ensuring that intellectual property contributes meaningfully to India’s sustainable development and global competitiveness.
Author: Raunak Praveen
Juris Centre 