Intellectual property rights (IPR) Service

What are the different types of Intellectual Property Rights in India ?

1. The Copyrights Act, 1957 (“Copyright Act”)

Copyright protects the expression of an idea rather than the idea itself. Under section 13 of the Copyright Act, a protection under copyright can be obtained for ‘original literary, dramatic, musical and artistic works; cinematograph films; and sound recording’. Interestingly, a copyright protection can also be obtained for computer programs. A copyright is an ‘exclusive right’ that is granted to a person to do or authorize to carry out certain activities with regards the copyrighted work.

2. The Trade Marks Act, 1999 (“Trade Marks Act”)

The Trade Marks Act, under section 2(zb) defines a ‘trade mark’ as ‘a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours…’. In simpler words, a trademark provides protection for symbols, colours, shapes, words, etc. representing and relating to a good or a service.

3. The Patents Act, 1970 (“Patents Act”)

A ‘Patent’ is an intellectual property right which protects any new invention. It is an exclusive right that protects the rights of the inventor and prevents other people to unauthorized use and misappropriate the registered patent. A patent is granted for a term of 20 (twenty) years from the date of filling of the application

4. The Design Act, 2000 (“Design Act”)

A ‘design’ under the Designs Act [section 2(d)] means and includes ‘only the features of shape, configuration, pattern, ornaments or composition of lines or colours, applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to an are judged solely by the eye’.

Frequently Asked Questions

1. What are the different types of intellectual property rights?

In India, there are 7 types of intellectual property rights, namely – copyright, trademarks, patents, geographical indications, plant varieties, industrial designs and semiconductor integrated circuit layout designs.

2. If I obtain a copyright registration in India, would it be recognized internationally?

Yes, since India is a signatory to the Berne Convention, a copyright registration obtained in India will be recognized in the nations which are signatories to the Berne Convention.

3. For how long will a trademark registration be valid for?

A trademark registration is valid for a term of 10 (ten) years. A trademark registration can be renewed perpetually for succeeding periods of 10 (ten) years by filing an application for renewal.

To safeguard organizations from evolving cyber threats and vulnerabilities by providing cutting-edge, proactive, and customized cybersecurity solutions