T Ramappa s INTELLECTUAL PROPERTY RIGHTS LAW IN INDIA

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1. Patents

• Governing Law: The Patents Act, 1970 (amended in 2005)

• Protection Scope: Exclusive rights granted to an inventor for a novel, inventive, and industrially applicable invention.

• Validity: 20 years from the date of application.

• Administering Authority: Indian Patent Office (IPO) under the Department for Promotion of Industry and Internal Trade (DPIIT).

2. Trademarks

• Governing Law: The Trademarks Act, 1999

• Protection Scope: Protects brand names, logos, symbols, and slogans used in trade.

• Validity: Initially 10 years, renewable indefinitely.

• Administering Authority: Controller General of Patents, Designs, and Trademarks (CGPDTM).

3. Copyrights

• Governing Law: The Copyright Act, 1957

• Protection Scope: Protects literary, artistic, musical, and dramatic works, including software, cinematographic films, and sound recordings.

• Validity: Lifetime of the author plus 60 years posthumously.

• Administering Authority: Copyright Office under the Ministry of Commerce & Industry.

4. Industrial Designs

• Governing Law: The Designs Act, 2000

• Protection Scope: Aesthetic appearance of an article, including shape, configuration, pattern, ornamentation, or composition.

• Validity: 10 years (extendable by 5 more years).

• Administering Authority: Indian Patent Office.

5. Geographical Indications (GI)

• Governing Law: The Geographical Indications of Goods (Registration and Protection) Act, 1999

• Protection Scope: Protects products originating from a specific geographical location that have unique characteristics (e.g., Darjeeling Tea, Banarasi Sarees).

• Validity: 10 years (renewable indefinitely).

• Administering Authority: Geographical Indications Registry.

6. Trade Secrets

• Governing Law: No specific legislation; protected under contract law, equity, and common law principles.

• Protection Scope: Confidential business information, formulas, processes, or practices that give a competitive advantage.

IPR Enforcement in India

• Judicial System: Intellectual property disputes are handled by civil courts, High Courts, and the Intellectual Property Appellate Board (IPAB).

• Customs Act, 1962: Prohibits the importation of counterfeit and infringing goods.