What is Intellectual

Property (IP)?
Intellectual Property refers to creations
of the mind, such as inventions,
literary and artistic works, designs,
symbols, names, and images used in
commerce. IP law gives creators
certain exclusive rights to these
creations, encouraging innovation and
creative expression by providing legal
protection.
1. Patents
 Meaning:
A patent grants the inventor exclusive rights over an invention
(product or process) that offers a new technical solution to a
problem.
 Essential Elements:
 Novelty: The invention must be new and not publicly known.
 Inventive Step: The invention should not be obvious to someone
skilled in the relevant field.
 Industrial Applicability: The invention must be capable of
industrial use.
 Current Law in India:
The Patents Act, 1970 (amended in 2005).
Key Sections:
 Section 2(1)(j): Defines "invention."
 Section 3: Non-patentable inventions.
 Section 25: Opposition to patents.
 Section 84: Compulsory licensing.
 Salient Features:
 Exclusive Rights for 20 years to prevent others from using the
invention.
 Criteria for Patentability: Novelty, inventive step, and industrial
applicability.
 Compulsory Licensing to ensure availability at reasonable prices.
 Pre- and Post-Grant Opposition mechanisms.
 Territorial Application: Patents are enforceable only in the jurisdiction
granted.
 Enforcement: Legal recourse available for patent infringement.
 Non-Patentable Inventions: Section 3 outlines categories that cannot
be patented.
 Compliance with TRIPS: Aligns Indian law with global standards.
 Case Law:
Novartis AG v. Union of India (2013)
The Supreme Court ruled that new forms of known compounds cannot
be patented unless they show enhanced efficacy, thus preventing
"evergreening."
2. Copyright
 Meaning:
Copyright protects original literary, artistic, musical, and dramatic
works. It safeguards the expression of ideas but not the ideas
themselves.
 Essential Elements:
 Originality: The work must be original and created independently.
 Fixation: The work must be recorded or expressed in a tangible
medium.
 Expression: Protects the specific expression of an idea, not the
idea itself.
 Current Law in India:
The Copyright Act, 1957 (amended in 2012).
Key Sections:
 Section 13: Defines copyrightable works.
 Section 14: Scope of copyright protection.
 Section 52: Fair use exceptions.
 Salient Features:
 Duration of Protection: Life of the author + 60 years.
 Moral Rights to maintain the integrity of the work.
 Economic Rights: Right to reproduce, distribute, and display works.
 Fair Use Exceptions: Use for research, criticism, or educational
purposes.
 Registration Not Mandatory: Copyright protection exists
automatically.
 Global Protection: Through treaties like the Berne Convention.
 Performing Rights for public performances and broadcasts.
 Digital Rights: Special provisions for protection in the digital
environment.
 Case Law:
R.G. Anand v. M/S Deluxe Films (1978)
The Supreme Court ruled that copyright protects only the original
expression of ideas, not the ideas themselves.
3. Trademarks
 Meaning:
A trademark is a sign, symbol, or design that distinguishes
goods or services of one trader from those of others.
 Essential Elements:
 Distinctiveness: The mark must distinguish the
goods/services.
 Non-Deceptiveness: The mark must not mislead consumers.
 Graphical Representation: The mark must be represented
visually.
 Current Law in India:
The Trademarks Act, 1999.
Key Sections:
 Section 2(1)(zb): Definition of trademarks.
 Section 9: Absolute grounds for refusal of registration.
 Section 29: Infringement of registered trademarks.
 Salient Features:
 Exclusive Rights to use the trademark.
 Criteria for Registration: Distinctiveness and graphical
representation.
 Infringement Protection against unauthorized use of similar
marks.
 Opposition Mechanism for challenging trademark registration.
 Renewable Protection every 10 years.
 Territorial Rights: Valid only in the country of registration.
 Well-Known Marks: Extra protection for famous trademarks.
 Passing Off action for unregistered marks.
 Case Law:
Cadila Healthcare v. Cadila Pharmaceuticals (2001)
The Court held that even minor similarities in trademarks could
cause confusion among consumers, especially in the
pharmaceutical industry.
4. Industrial Designs
 Meaning:
An industrial design refers to the ornamental or aesthetic
aspects of a product.
 Essential Elements:
 Novelty: The design must be new.
 Originality: The design must be original and not copied.
 Visual Appeal: The design must appeal to the eye and be
applied to a product.
 Current Law in India:
The Designs Act, 2000.
Key Sections:
 Section 2(d): Definition of design.
 Section 4: Prohibition of registration of non-original designs.
 Section 19: Grounds for cancellation of registration.
 Salient Features:
 Protects Aesthetic Features such as shapes, patterns, or
colors.
 Registration Requirement: Designs must be registered for
protection.
 Duration of Protection: 10 years, extendable by 5 years.
 Exclusive Rights to use the design.
 Infringement Protection against unauthorized use.
 Novelty and Originality: Critical for registration.
 Functional Designs are not protected.
 Cancellation Mechanism for wrongly registered designs.
 Case Law:
Dabur India Ltd. v. Amit Jain (2009)
Dabur successfully claimed infringement when the defendant
used a similar bottle design, proving that the shape had acquired
distinctiveness
5. Trade Secrets
 Meaning:
Trade secrets refer to confidential business information that
provides a competitive edge, such as formulas, processes, or
business strategies.
 Essential Elements:
 Secrecy: The information must be confidential.
 Economic Value: The information must have commercial value.
 Reasonable Efforts: The owner must take steps to maintain
secrecy.
 Current Law in India:
India does not have a specific statute for trade secrets. Protection is
based on contract law and principles of equity.
 Salient Features:
 Confidentiality Agreements to protect trade secrets.
 No Statutory Protection: Based on contracts and common law.
 Enforcement through breach of confidence actions.
 Unlimited Duration of protection as long as secrecy
is maintained.
 Non-Disclosure Agreements (NDAs): Common
tool for protection.
 Misappropriation leads to civil liability.
 Damages and Injunctions available as remedies.
 Common Law Jurisdiction: India follows common
law principles for trade secret protection.
 Case Law:
Bombay Dyeing v. Mehar Karan Singh (2010)
The Bombay High Court upheld a trade secret
violation where confidential business plans were
leaked by an employee.
6. Plant Varieties
 Meaning:
Plant varieties protection ensures that breeders of new varieties of
plants have exclusive rights over their discovery.
 Essential Elements:
 Distinctiveness: The variety must be distinguishable from
existing varieties.
 Uniformity: The variety must be uniform in its characteristics.
 Stability: The variety must remain unchanged after repeated
propagation.
 Current Law in India:
The Protection of Plant Varieties and Farmers' Rights Act,
2001.
Key Sections:
 Section 15: Criteria for registration.
 Section 29: Farmers’ rights.
 Section 38: Compulsory license.
 Salient Features:
 Exclusive Breeders’ Rights over new plant varieties.
 Farmers’ Rights to save, use, exchange, and sell seeds.
 Criteria for Registration: Distinctiveness, uniformity, and stability.
 Duration of Protection: 18 years for trees and vines, 15 years for
other crops.
 Compulsory Licensing to ensure public availability.
 Benefit Sharing with traditional farmers.
 Community Rights: Traditional knowledge is protected.
 Conformity with UPOV: Complies with international conventions
on plant variety protection.
 Case Law:
Monsanto v. Nuziveedu Seeds Ltd. (2019)
The Delhi High Court ruled that Monsanto could not claim patent
rights over genetically modified seeds under the Plant Varieties Act,
ensuring the rights of Indian farmers.
7. Geographical Indications
(GI)
 Meaning:
A Geographical Indication is a sign used on products that have a
specific geographical origin and possess qualities or a reputation that
are due to that origin.
 Essential Elements:
 Geographical Origin: The product must originate from a specific
place.
 Quality, Reputation, or Characteristics: These attributes must be
attributable to the geographic origin.
 Link to the Region: There must be a clear connection between the
product and the location.
 Current Law in India:
The Geographical Indications of Goods (Registration and
Protection) Act, 1999.
Key Sections:
 Section 2(1)(e): Definition of Geographical Indication.
 Section 9: Prohibition of registration of certain GIs.

 Salient Features:
 Exclusive Rights: Protects producers from unauthorized use of the GI.
 Product Linkage: The product must have qualities or reputation linked
to a specific region.
 Collective Ownership: GIs are typically owned by associations or
collectives representing producers.
 Registration Not Mandatory: Protection can be granted even without
registration, but registration ensures stronger rights.
 Infringement Protection: Legal remedies available for unauthorized
use.
 Duration of Protection: 10 years, renewable indefinitely.
 Economic Value: Enhances the market value of local products,
benefitting communities.
 Famous Examples: Includes Darjeeling Tea, Kancheepuram Silk,
and Mysore Sandalwood.
 Case Law:
Tea Board, India v. ITC Limited (2011)
The Calcutta High Court recognized that the unauthorized use of the
term "Darjeeling" on products not originating from the region
constituted infringement under GI law, protecting the reputation of
Darjeeling Tea.
Conclusion
 Intellectual Property Rights (IPR) are essential for promoting
innovation and protecting the interests of creators and inventors.
Each type of IPR—whether it's Patents, Trademarks,
Copyrights, Geographical Indications (GI), Industrial
Designs, Plant Varieties, or Trade Secrets—serves to
safeguard different aspects of creativity and innovation.
 India's legal framework, through acts like the Patents Act,
Trade Marks Act, and Geographical Indications Act, ensures
a balance between protecting inventors' rights and public
interest. Landmark cases, such as Novartis AG v. Union of
India, reinforce the importance of preventing misuse of these
rights while ensuring access to essential goods and services.
 In conclusion, India's IPR regime not only fosters innovation but
also plays a key role in economic and cultural growth, ensuring
that knowledge and technology benefit society as a whole.