IP Laws (Brief Introduction)

Intellectual Property (IP) Law in India is a mix of statutes protecting creations of mind—like inventions, brands, designs, artistic works, and confidential information.
 

Here are the main Acts:

1. Patents

• Patents Act, 1970 (amended 2005) – Governs grant of patents for inventions, rights of patentees, compulsory licensing.

2. Trademarks & Brands

• Trade Marks Act, 1999 – Protection of brand names, logos, service marks, certification marks.

3. Copyrights

• Copyright Act, 1957 (amended 2012) – Protection of literary, artistic, musical, dramatic works, films, software.

4. Designs

• Designs Act, 2000 – Protection of industrial designs (shapes, patterns, ornamentation of articles).

5. Geographical Indications (GI)

• Geographical Indications of Goods (Registration and Protection) Act, 1999 – Protection of products linked to origin (Darjeeling Tea, Banarasi Sarees, etc.).

6. Semiconductor & Integrated Circuits

• Semiconductor Integrated Circuits Layout-Design Act, 2000 – Protection of chip designs.

7. Plant Varieties & Farmers' Rights

• Protection of Plant Varieties and Farmers' Rights Act, 2001 – Rights of plant breeders and farmers over new and traditional seed varieties.

8. Trade Secrets / Confidential Info

• No dedicated statute. Protected via contract law, equity, and common law principles.

9. International & Enforcement-Linked Laws

• Biological Diversity Act, 2002 – Indirectly controls use of genetic material for patents.
• Customs Act, 1962 – Border measures against import of counterfeit goods.

Example Applications:

• New medicine formula → Patents Act.
• Brand like "Amul" → Trade Marks Act.
• Bollywood film → Copyright Act.
• Shape of a new bottle design → Designs Act.
• Darjeeling tea name use → GI Act.
• New wheat variety → Plant Varieties Act.

FAQs on Intellectual Property (IP) Law in India

Q1. What is Intellectual Property (IP)?

IP refers to creations of the mind—like inventions, artistic works, brands, designs, and symbols—that are protected by law.

Q2. Which are the main IP laws in India?

Patents Act, 1970
Trade Marks Act, 1999
Copyright Act, 1957
Designs Act, 2000
GI Act, 1999
Plant Varieties & Farmers' Rights Act, 2001
Semiconductor Layout-Design Act, 2000

Q3. What is the Patents Act used for?

To protect inventions like new machines, medicines, or processes.

Q4. How long does a patent last in India?

20 years from the date of filing.

Q5. Can software be patented in India?

Generally no. Software is protected under the Copyright Act, not the Patents Act.

Q6. What is the Trade Marks Act for?

It protects brand names, logos, and symbols that distinguish goods or services.

Q7. How long does trademark protection last?

10 years, but renewable indefinitely.

Q8. What does the Copyright Act cover?

Books, films, songs, paintings, software, and other creative works.

Q9. How long does copyright last?

Lifetime of the author + 60 years.

Q10. What is a design under the Designs Act?

The shape, pattern, or ornamentation of an article—for example, the unique bottle design of Coca-Cola.

Q11. How long does design protection last?

10 years, extendable up to 25 years.

Q12. What is GI (Geographical Indication)?

A tag showing that a product comes from a specific place and has special qualities—like Darjeeling Tea or Banarasi Saree.

Q13. How long does GI protection last?

10 years, renewable.

Q14. Can farmers claim rights under IP law?

Yes, under the Plant Varieties and Farmers' Rights Act, 2001. They can register new varieties and save/reuse seeds.

Q15. What is the Semiconductor Layout-Design Act for?

It protects chip designs and integrated circuits.

Q16. Is there a law for trade secrets in India?

No separate statute. They are protected through contracts and confidentiality agreements.

Q17. Can foreigners register IP in India?

Yes, subject to Indian law and international treaties like TRIPS.

Q18. What is piracy?

Unauthorized copying or distribution of copyrighted works—like movies, songs, or software.

Q19. Can counterfeit goods be stopped at the border?

Yes, under the Customs Act, 1962, IP holders can stop imports of fake products.

Q20. Which authority handles IP rights in India?

The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) under DPIIT.