Types of Intellectual Property Rights (IPR) in India:
Patents: A patent is an exclusive right granted for an invention. It provides protection for a limited period (usually 20 years from the filing date).
- Legislation: Patents Act, 1970 (amended by the Patents (Amendment) Act, 2005).
- Eligibility: An invention must be novel, involve an inventive step, and have industrial applicability.
- Process: The patent must be filed with the Indian Patent Office (IPO). It goes through examination, publication, and opposition phases before the grant.
- Examples: New pharmaceuticals, technological inventions, and industrial processes.
Trademarks: A trademark is a recognizable sign, design, or expression that distinguishes products or services from others.
- Legislation: Trademarks Act, 1999.
- Registration: Trademark registration can be done through the Controller General of Patents, Designs, and Trademarks.
- Term: Initially valid for 10 years, renewable indefinitely.
- Examples: Logos, brand names, slogans (e.g., Coca-Cola, Apple).
Copyright: Copyright gives the creator of original works the right to use and distribute their work. It applies to literary, musical, artistic, and cinematographic works.
- Legislation: Copyright Act, 1957 (amended in 2012).
- Scope: It covers rights like reproduction, distribution, public performance, and translation of works.
- Term: Generally, life of the author + 60 years after their death.
- Examples: Books, films, music, and software.
Designs: Design refers to the shape, configuration, pattern, or ornament applied to an article.
- Legislation: The Designs Act, 2000.
- Eligibility: A design must be new and original, with no prior disclosure in the public domain.
- Term: Initially 10 years, with a possible extension of 5 more years.
- Examples: Shape of a bottle, furniture designs.
Geographical Indications (GI): GI refers to a sign used on products with a specific geographical origin, which possess qualities or a reputation linked to that origin.
- Legislation: The Geographical Indications of Goods (Registration and Protection) Act, 1999.
- Term: Registered GIs are protected for 10 years and can be renewed.
- Examples: Darjeeling Tea, Kanchipuram Silk.
Trade Secrets: Trade secrets encompass confidential business information that gives a competitive edge. There is no specific law in India governing trade secrets, but they are protected under the Indian Contract Act, 1872.
- Protection: Businesses rely on confidentiality agreements and non-disclosure agreements to protect trade secrets.
Key Intellectual Property Authorities in India:
- Indian Patent Office (IPO): Responsible for patents, trademarks, and designs.
- Copyright Office: Handles copyright registrations.
- Geographical Indications Registry: Administers GI registrations.
International Treaties India is a part of:
India is a signatory to several international agreements that govern IP law:
- TRIPS Agreement (WTO): Enforces IP protection and ensures minimum standards across member countries.
- Paris Convention: Facilitates IP protection across multiple jurisdictions without losing the priority date of the first filing.
- Berne Convention: Provides copyright protection to works across member countries.
- Patent Cooperation Treaty (PCT): Enables patent applications to be filed in multiple countries through a single international application.
Enforcement of IP Rights in India:
- Civil Remedies: IP owners can file infringement suits in courts seeking injunctions, damages, and destruction of infringing goods.
- Criminal Remedies: Certain IP violations, especially regarding trademarks and copyrights, are criminal offenses in India. The authorities can arrest offenders, seize goods, and initiate criminal proceedings.
- Customs Measures: IP owners can register their IP with the Indian Customs Department to prevent the import of counterfeit or infringing goods.