87 Intellectual Property Rights
87.1 Meaning
Intellectual Property Rights (IPRs) are legal rights granted to creators or inventors over the use of their creations or innovations for a specified period (kapoor2023?). They are territorial — granted by national authorities — and reflect a balance between incentivising innovation and promoting public access.
The World Intellectual Property Organisation (WIPO) — a UN specialised agency since 1974 — is the global IP body. The TRIPS Agreement (1995) under the WTO sets minimum global IPR standards.
87.2 Major Categories of IPR
| Category | Indian statute | Coverage |
|---|---|---|
| Patent | Patents Act 1970 | New inventions — novel, inventive step, industrially applicable |
| Copyright | Copyright Act 1957 | Original literary, dramatic, musical, artistic, cinematograph, sound recording |
| Trademark | Trade Marks Act 1999 | Words, logos, symbols identifying goods / services |
| Design | Designs Act 2000 | New, original ornamental aspects of articles |
| Geographical Indication | GI of Goods Act 1999 | Goods identifying origin (Darjeeling tea, Kanchipuram silk) |
| Plant variety | Protection of Plant Varieties and Farmers’ Rights Act 2001 | New plant varieties |
| Layout-design (Semiconductor IC) | SICLD Act 2000 | IC layouts |
| Trade secrets | Common law (no specific statute) | Confidential business information |
87.3 Patents
A patent (Patents Act 1970) is an exclusive right granted for an invention — a product or a process that provides a new way of doing something or a new technical solution to a problem.
| Test | Working content |
|---|---|
| Novelty | Not previously known anywhere |
| Inventive step (Non-obviousness) | Not obvious to a person skilled in the art |
| Industrial applicability | Capable of being made or used in industry |
| Aspect | Rule |
|---|---|
| Term | 20 years from filing date |
| Grant authority | Controller General of Patents, Designs and Trade Marks (CGPDTM) |
| Routes | Convention application; PCT route; ordinary |
| Section 3 exclusions | Frivolous inventions, scientific principle, mere discovery, business methods, computer programs per se, mathematical methods |
| Section 3(d) | Bars evergreening — new form of known substance not patentable unless significantly enhanced efficacy |
| Compulsory licensing | Sec. 84 — after 3 years, on grounds of unaffordability, non-availability, working not in India |
| Indian leading case on Sec. 3(d) | Novartis v. Union of India (2013) — Glivec patent denied |
87.4 Copyright
A copyright (Copyright Act 1957) protects original literary, dramatic, musical, artistic works, cinematograph films, and sound recordings.
| Aspect | Rule |
|---|---|
| Term — Literary, dramatic, musical, artistic | Author’s lifetime + 60 years |
| Term — Films, sound recordings, photographs | 60 years from publication |
| Anonymous / pseudonymous works | 60 years from publication |
| Government works | 60 years from publication |
| Rights | Reproduction, communication to public, adaptation, translation |
| Fair dealing exceptions | Research, criticism, review, news reporting, judicial proceedings |
| Registration | Optional — Copyright Office, New Delhi |
| Berne Convention | India is signatory; protection in member countries automatic |
87.5 Trademarks
A trademark (Trade Marks Act 1999) is a visual sign — word, name, logo, label, signature, colour combination — capable of distinguishing goods or services of one person from another.
| Aspect | Rule |
|---|---|
| Term | 10 years, renewable indefinitely |
| Authority | Trade Marks Registry under CGPDTM |
| Classification | Nice classification — 45 classes |
| Types | Word marks, device marks, certification marks, collective marks, well-known marks |
| Madrid Protocol | India is signatory since 2013 — international filing |
| Infringement | Civil + criminal remedies |
| Passing off | Common-law remedy for unregistered marks |
87.6 Industrial Designs
A design (Designs Act 2000) protects the features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article.
| Aspect | Rule |
|---|---|
| Term | 10 years + 5 years renewal = max 15 years |
| Tests | Novel, original, not previously published |
| Authority | CGPDTM |
| Excluded | Functional features; trademarks; IC layouts |
87.7 Geographical Indications
A geographical indication (GI of Goods Act 1999) identifies goods as originating in a specific geographical territory, where a given quality, reputation or characteristic is essentially attributable to that origin.
| GI | Origin |
|---|---|
| Darjeeling Tea | West Bengal — first Indian GI (2004) |
| Basmati Rice | Indo-Gangetic plains |
| Kanchipuram Silk | Tamil Nadu |
| Mysore Sandalwood | Karnataka |
| Madhubani painting | Bihar |
| Banarasi Saree | Uttar Pradesh |
| Champagne | France (foreign GI also protected) |
GI registration is for 10 years, renewable indefinitely.
87.8 Plant Varieties
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 gives plant breeders’ rights alongside farmers’ rights — a distinct Indian feature reflecting traditional farmer-led seed-saving practices.
87.9 TRIPS and India
The TRIPS Agreement (1995) under the WTO requires WTO members to provide minimum levels of IPR protection. India has aligned its IP statutes with TRIPS through amendments in 1999, 2002, 2005 and after.
| Year | Step |
|---|---|
| 1999 | Patents (Amendment) — mailbox provision and EMR |
| 2002 | Patents (Amendment) — process patent regime updated |
| 2005 | Patents (Amendment) — product patents in pharmaceuticals, agro-chemicals, food after a 10-year transition |
| 1999 | Trade Marks Act — replacing 1958 Act |
| 2000 | Designs Act — replacing 1911 Act |
| 1999 | Geographical Indications Act |
87.10 Doha Declaration on TRIPS and Public Health (2001)
The Doha Declaration clarified that TRIPS does not prevent member states from issuing compulsory licences in public-health emergencies. India has used this to grant compulsory licences (e.g., Natco for Bayer’s Nexavar in 2012).
87.11 National IPR Policy
India’s National IPR Policy 2016 sets out seven objectives: IP awareness, generation of IP, legal/legislative framework, administration & management, commercialisation, enforcement & adjudication, and human capital development. The Cell for IPR Promotion and Management (CIPAM) implements the Policy.
87.12 Exam-Pattern MCQs
Q1. Which of the following is not a category of intellectual property right?
A. Patent B. Trademark C. Geographical indication D. Service tax registration
Answer: D. Service-tax registration is a tax-administrative number, not an IPR.
Q2. Match each IPR with the relevant Indian statute:
| IPR | Statute | ||
|---|---|---|---|
| (i) | Patent | (a) | Trade Marks Act 1999 |
| (ii) | Copyright | (b) | Designs Act 2000 |
| (iii) | Trademark | (c) | Patents Act 1970 |
| (iv) | Design | (d) | Copyright Act 1957 |
A. (i)-(c), (ii)-(d), (iii)-(a), (iv)-(b) B. (i)-(a), (ii)-(b), (iii)-(c), (iv)-(d) C. (i)-(b), (ii)-(c), (iii)-(d), (iv)-(a) D. (i)-(d), (ii)-(a), (iii)-(b), (iv)-(c)
Answer: A.
Q3. The term of a patent in India is:
A. 10 years B. 15 years C. 20 years from filing D. Lifetime + 60 years
Answer: C. 20 years from filing date.
Q4. Section 3(d) of the Patents Act 1970 bars:
A. Pharmaceutical patents in general B. Evergreening — patents on new forms of known substances without significant efficacy enhancement C. Patents on plants D. Patents on software
Answer: B. Section 3(d) was upheld in Novartis v. Union of India (2013).
Q5. Match each Indian GI with its origin:
| GI | Origin | ||
|---|---|---|---|
| (i) | Darjeeling Tea | (a) | Tamil Nadu |
| (ii) | Kanchipuram Silk | (b) | Karnataka |
| (iii) | Madhubani Painting | (c) | West Bengal |
| (iv) | Mysore Sandalwood | (d) | Bihar |
A. (i)-(c), (ii)-(a), (iii)-(d), (iv)-(b) B. (i)-(a), (ii)-(b), (iii)-(c), (iv)-(d) C. (i)-(d), (ii)-(c), (iii)-(b), (iv)-(a) D. (i)-(b), (ii)-(c), (iii)-(d), (iv)-(a)
Answer: A.
Q6. Term of trademark protection in India is:
A. 5 years, non-renewable B. 10 years, renewable indefinitely C. 20 years from filing D. Lifetime + 60 years
Answer: B. 10 years, renewable every 10 years indefinitely.
Q7. Match each copyright work with its term:
| Work | Term | ||
|---|---|---|---|
| (i) | Literary work | (a) | 60 years from publication |
| (ii) | Cinematograph film | (b) | Author’s lifetime + 60 years |
| (iii) | Sound recording | (c) | 60 years from publication |
| (iv) | Government work | (d) | 60 years from publication |
A. (i)-(b), (ii)-(a), (iii)-(c), (iv)-(d) B. (i)-(a), (ii)-(b), (iii)-(c), (iv)-(d) C. (i)-(c), (ii)-(a), (iii)-(b), (iv)-(d) D. (i)-(d), (ii)-(c), (iii)-(b), (iv)-(a)
Answer: A.
Q8. The international agreement that sets minimum global IPR standards under the WTO is:
A. WIPO Charter B. Berne Convention C. TRIPS Agreement (1995) D. Paris Convention
Answer: C. TRIPS Agreement (1995).
- IPR — legal rights over creations and innovations.
- Categories and statutes: Patent (Patents Act 1970), Copyright (1957), Trademark (TM Act 1999), Design (Designs Act 2000), GI (1999), Plant Variety (2001), Layout-design (SICLD Act 2000), Trade secrets (common law).
- Patent: novelty + inventive step + industrial applicability; 20 years from filing; Sec. 3(d) bars evergreening; Novartis v. UoI (2013).
- Copyright: literary etc. — lifetime + 60 years; films / sound — 60 years from publication.
- Trademark: 10 years, renewable. Passing off protects unregistered marks. Madrid Protocol since 2013.
- Design: max 15 years (10 + 5).
- GI: 10 years renewable; first Indian GI — Darjeeling Tea (2004).
- TRIPS Agreement (1995) sets WTO minimums; Doha Declaration 2001 — compulsory licences in public-health emergencies.
- India: National IPR Policy 2016; CIPAM for promotion.
- WIPO — UN agency; Berne Convention — copyright; Paris Convention — patents/marks.