The principal forms of IP recognised globally and in Indian law are: Patents, Trademarks, Industrial Designs, Geographical Indications, and Copyright (including Neighbouring Rights). Each protects a distinct category of intellectual creation and is governed by a separate statute in India.
Legal Framework
| Form | Indian Statute | Administering Authority | International Convention |
|---|---|---|---|
| Patents | Patents Act, 1970 | Controller General of Patents, Designs & Trade Marks | Paris Convention, PCT |
| Trademarks | Trade Marks Act, 1999 | Registrar of Trade Marks | Paris Convention, Madrid Protocol |
| Industrial Designs | Designs Act, 2000 | Controller of Designs | Hague Agreement |
| Geographical Indications | GI Act, 1999 | Registrar of GIs (Chennai) | TRIPS Art. 22-24, Lisbon Agreement |
| Copyright | Copyright Act, 1957 | Registrar of Copyrights | Berne Convention, WCT |
Patents
A patent is an exclusive right granted for an invention that is new, involves an inventive step, and is capable of industrial application.
| Element | Detail |
|---|---|
| What is protected | Inventions: new products or processes |
| Requirements | Novelty (S.2(l)), inventive step (S.2(ja)), industrial application (S.2(ac)) |
| Duration | 20 years from date of filing (S.53) |
| Rights conferred | Exclusive right to make, use, sell, import the patented product/process in India (S.48) |
| Limitations | Compulsory licensing (S.84), government use (S.100), exceptions under S.3 |
| Registration | Mandatory; no protection without grant |
Why: Patents incentivise costly R&D by ensuring that inventors can exclusively exploit their inventions for 20 years, recouping investment before the invention enters the public domain.
Trademarks
A trademark is a sign capable of distinguishing goods or services of one enterprise from those of others.
| Element | Detail |
|---|---|
| What is protected | Any mark capable of graphical representation that distinguishes goods/services (S.2(zb)) |
| Types | Word marks, device marks, combination marks, shape marks, sound marks, colour marks |
| Duration | 10 years, renewable indefinitely (S.25) |
| Rights conferred | Exclusive right to use the mark; right to prevent confusingly similar use (S.28-29) |
| Unregistered protection | Passing off action (common law right survives alongside statute) |
| Registration | Optional but confers statutory presumption of validity |
Why: Trademarks reduce consumer search costs by signalling consistent source and quality. They also protect goodwill built through investment in reputation.
Industrial Designs
A design refers to features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article in two-dimensional or three-dimensional form, by any industrial process, which appeal to the eye.
| Element | Detail |
|---|---|
| What is protected | Visual appearance (not function) of an article (S.2(d), Designs Act) |
| Requirements | New, original, not previously published, not dictated solely by function |
| Duration | 10 years + 5-year extension = 15 years maximum (S.11) |
| Rights conferred | Exclusive right to apply design to article; prevent copying (S.22) |
| Exclusions | Constructions or shapes dictated purely by function; trademarks; artistic works under Copyright Act |
Why: Design protection fills the gap between copyright (which requires artistic merit independent of the article) and patents (which protect function). It incentivises aesthetic innovation in manufactured goods.
Geographical Indications
A GI identifies goods as originating from a specific geographical territory where a given quality, reputation, or other characteristic is essentially attributable to that origin.
| Element | Detail |
|---|---|
| What is protected | Reputation/quality linked to geographic origin (S.2(e), GI Act) |
| Examples | Darjeeling Tea, Banarasi Saree, Tirupati Laddu, Champagne, Scotch Whisky |
| Duration | 10 years, renewable indefinitely (S.18(1)) |
| Who can register | Association of persons, producers, organisation representing producers (S.11(1)) |
| Rights conferred | Authorised users can use the GI; unauthorised use constitutes infringement (S.22) |
| Distinction from TM | GI is community right (not individual); tied to territory; cannot be assigned |
Why: GI protection preserves traditional knowledge, prevents misappropriation of regional reputation, and benefits communities (often rural) that produce unique goods linked to their geography.
Copyright and Neighbouring Rights
Copyright is the bundle of exclusive rights granted to authors over their original literary, dramatic, musical, and artistic works, and to producers over cinematograph films and sound recordings.
| Element | Detail |
|---|---|
| What is protected | Original expression (not ideas) in literary, dramatic, musical, artistic works, films, sound recordings (S.13) |
| Requirements | Originality (skill and judgment); fixation in material form |
| Duration | Author's life + 60 years (literary/dramatic/musical/artistic); 60 years from publication (films/sound recordings) (S.22-29) |
| Rights conferred | Reproduction, adaptation, translation, communication to public, distribution (S.14) |
| Moral rights | Attribution and integrity (S.57); survive assignment |
| Registration | Not mandatory; copyright subsists on creation |
| Neighbouring rights | Performers' rights (S.38), broadcasters' rights (S.37) |
Why: Copyright balances two interests: rewarding creators for their expression (economic rights) and preserving the creator-work bond (moral rights), while keeping ideas and facts free for all (idea-expression dichotomy).
Illustrations
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One creation, five forms of IP: Imagine Amul launches a new ice cream:
- The recipe (if novel and non-obvious) → patent
- The brand name "Amul Dreamz" → trademark
- The unique cone-shaped container → industrial design
- The jingle in the TV ad → copyright (musical work)
- If Amul's ice cream quality is linked to Gujarat's specific milk → geographical indication
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Why GI is community, not individual: "Darjeeling Tea" belongs to all tea growers in the Darjeeling district, not to one company. If Tata Tea tried to register "Darjeeling" as its trademark, it would fail — GI is a collective right. Any authorised grower in that geography can use the GI tag.
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Trade secret vs patent (strategic choice): Coca-Cola's formula has been a trade secret for 130+ years. If they had patented it in 1886, the patent would have expired in 1906 and anyone could make Coke. By choosing secrecy over patent, they get indefinite protection — but the moment someone reverse-engineers the formula, they have no legal remedy (unlike a patent which stops even independent reinvention).
Recall Check
- Which form of IP does not require registration for protection in India?
- How does a Geographical Indication differ from a Trademark in terms of ownership and assignability?
- What is the maximum duration of design protection in India, and how does it compare with patent duration?
Key Cases
Bajaj Auto v. TVS Motor (2009) Bajaj-Auto-v-TVS-Motor-2009 Issue: Whether TVS's DTS-i technology infringed Bajaj's patent for Digital Twin Spark ignition. Rule: Patent infringement requires the defendant's product/process to fall within the claims of the patent as construed. Held: Interim injunction granted; patent claims must be read purposively; substance of the invention matters, not mere verbal distinctions.
N.R. Dongre v. Whirlpool (1996) N-R-Dongre-v-Whirlpool-1996 Issue: Whether the trademark WHIRLPOOL had acquired trans-border reputation in India despite non-registration. Rule: A trademark can acquire goodwill through transnational reputation even without use or registration in India. Held: Passing off action upheld; prior reputation through advertising spillover protects unregistered marks against local registrations.
Distinctions
| Parameter | Patents | Trademarks | Copyright | Designs | GIs |
|---|---|---|---|---|---|
| Protects | Inventions (function) | Source identifiers | Expression | Appearance | Geographic origin |
| Duration | 20 years | Indefinite (renewable) | Life + 60 yrs | 15 years | Indefinite (renewable) |
| Registration | Mandatory | Optional (but beneficial) | Not required | Mandatory | Mandatory |
| Ownership | Individual/corporate | Individual/corporate | Author (initially) | Individual/corporate | Community |
| Assignable | Yes | Yes | Yes | Yes | No |
| Examination | Substantive | Relative + absolute | None | Substantive | Substantive |
Flashcards
Q: What are the three requirements for patentability under Indian law? A: Novelty (S.2(l)), inventive step (S.2(ja)), and capability of industrial application (S.2(ac)).
Q: What is the duration of trademark protection in India? A: Initial registration for 10 years, renewable indefinitely for successive 10-year periods (S.25, TM Act).
Q: How does a design differ from a patent? A: Design protects visual appearance (aesthetic features) of an article; patent protects functional innovation (how something works).
Q: Can a Geographical Indication be assigned or licensed to a person outside the geographical territory? A: No. GI is a community right tied to a specific geographic territory and cannot be assigned or transferred.
Q: What is the idea-expression dichotomy in copyright? A: Copyright protects only the particular form of expression, not the underlying idea, theme, or concept (per R.G. Anand v. Delux Films).
Q: What makes copyright unique among IP forms regarding registration? A: Copyright subsists automatically upon creation of an original work in fixed form; registration is optional and merely evidentiary.
Q: Name the Indian statute governing each main form of IP. A: Patents Act 1970 (patents), Trade Marks Act 1999 (TMs), Designs Act 2000 (designs), GI Act 1999 (GIs), Copyright Act 1957 (copyright).
Q: What is "passing off" in trademark law? A: A common law action protecting unregistered marks; restrains misrepresentation by a trader that their goods/services are those of another trader with established goodwill.
Exam Scenario
Meera, a potter in Khurja (UP), creates a uniquely shaped tea-set with hand-painted floral motifs. She stamps "Meera's Craft" on each piece. A Delhi retailer copies both the shape and the brand name.
Advise Meera on: (a) Which forms of IP protection are available for: (i) the shape of the tea-set, (ii) the painted design, (iii) the brand name "Meera's Craft"? (b) Whether Khurja pottery can obtain GI protection independently of Meera's individual rights. (c) The overlap (if any) between design protection under the Designs Act and copyright under the Copyright Act for her hand-painted motifs. Refer to S.15(2) of the Copyright Act.