Intellectual property rights (IPR) is a form of protection that is granted to an individual or entity by law to protect their inventions, discoveries and other intangible assets. The management of the forms of intellectual property rights has been evolving over time as more countries have adopted laws dealing with them. India has enacted its own IPR laws for protecting these forms of intellectual capital which enables individuals to register their brands online through their website domain names.
In this article, we’ll go over everything you need to know about Intellectual Property Rights in India.
What Is Intellectual Property?
Intellectual property (IP) is a legal term that refers to creations of the mind, such as inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
The term “intellectual property rights” (IPR) refers to the legal privileges granted to the inventor or creator to safeguard their work for a predetermined amount of time. These legal rights allow the inventor or creator, or his assignee, the only right to fully exploit their idea or creativity for a specific amount of time.
IP is protected by law and the owner has exclusive rights to it. These rights give the owner the ability to control how the IP is used and to receive payment for its use.
What are intellectual property rights in India?
When it comes to intellectual property rights in India, it’s important to be aware of your rights as a creator or inventor. The Indian Constitution grants all citizens the right to “life, liberty, and the pursuit of happiness.”
This includes the right to own and protect your creations. You have the right to use, sell, or licence them as you see them. You can even give them away if you want. The key is that you are in control.
But it’s not always easy to enforce these rights. That’s why it’s important to understand the basics of intellectual property law in India. This way, you can protect yourself from infringement and make sure that your hard work is rewarded.
Intellectual property rights in the Indian Constitution
Intellectual property rights in India are provided for by the Constitution of India. Article 39A of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Designs Act 2000 provides for protection against infringement of designs registered with it by an applicant who has been granted a patent or registered under Section 3(2) of this Act.
The Patents Act 1970, provides for protection against the infringement of patents by an applicant who has been granted a patent or registered under Section 3(1) of this Act.
Copyright law in India is governed by The Indian Copyright Act 1957. Section 2(1) of the Copyright Act, 1957 provides that copyright subsists in literary, artistic and scientific works including films and sound recordings. It was amended in 2012. The act defines copyright as an exclusive right to reproduce or authorise others to reproduce a work in any material form.
What Are the Different Types of Intellectual Property?
Types of intellectual property rights protect a person’s creative work or inventions. It includes patents, trademarks and copyrights.
When it comes to intellectual property, there are four types of rights: copyright, trademarks, patents and geographical indications: –
- Patents – Patents are granted for new inventions and protect the inventor’s right to profit from their invention for a limited period of time. It provides protection against others making, selling or importing certain goods/processes that infringe on their patent rights under Indian law.
This protects inventions for a limited period of time after which they lapse if not used commercially. The duration extends up to 20 years from the filing date (from the priority date) but may be extended further depending on whether there is an innovation involved in your invention with commercial value beyond what was originally claimed by you during the filing process itself.
- Trademarks – Trademarks can be any name, mark, or logo used in business to identify the maker or supplier of a good or service and to identify products. They’re used to distinguish one company’s products from another. The purpose of a trademark is to prevent consumer confusion. This protects names or symbols such as “Apple” or “Google” as well as logos.
You may purchase, sell, and licence trademarks. A trademark is only as good as the reputation of the commodity or service it represents. Trade-related intellectual property rights need to be protected, and the Indian government is doing their best to protect the hard work of the creator.
- Copyright – Protects original literary works (literary works include written material such as books, pamphlets, magazines newspapers etc.) published anywhere within India including websites operated by individuals themselves but also those operated by corporate bodies like advertising agencies, newspapers, magazines, television channels, radio stations etc.
Copyright is the right to copy, reproduce, distribute, and perform the work. It protects original expression in any form. A copyright owner has the exclusive right to publish, sell, or licence their work.
Copyright pertains to the expression of ideas in tangible form and includes computer software, audio recordings, and literary, musical, dramatic, and aesthetic works
- Geographical Indications (GI) – These label products are made using ingredients grown within designated zones belonging to specific regions across India such as Darjeeling tea, Goa wines etc. These GIs are regulated by the Registrar of Trademarks, Patents and Designs under the Ministry of Commerce & Industry.
Geographical indications are indicators that place a good’s quality, reputation, or other attributes primarily due to its geographic origin in the country’s territory or a specific region or locality within that territory.
How Is Intellectual Property Protected in India?
Intellectual property rights are the most important form of property. They are intangible assets, which means that they cannot be seen with the eyes but can be felt through the skin or heard with a sound. The main purpose of intellectual property protection is to safeguard these intangible assets from any infringement by others and maintain their value in the market.
How do I protect my Intellectual Property?
Hire the best patent attorney in India in order to protect your intellectual property. So, you know that you need to protect your intellectual property, but what exactly does that mean? Well, in India, there are a few different ways to do this.
- The first is through trademarks. A trademark can be a word, phrase, symbol or design that’s used to identify the source of a product or service. And the great thing about trademarks is that they’re exclusive—no one else can use them without your permission. To protect your trademark, you can also contact a trademark protection lawyer.
- Another way to protect your intellectual property is through copyrights. This applies to any original work that’s been created by an artist, author, musician or filmmaker.
The key thing to remember is that copyrights cover the expression of an idea, not the idea itself. So, you can’t copyright a recipe, for example, but you can copyright the way in which it’s written down.
- Patents are another way to protect your intellectual property. This applies to inventions and can be useful for things like new software designs or medical procedures. The key thing to remember with patents is that they need to be novel, useful and non-obvious.
There are many ways through which you could get your own patent filed at appropriate government offices like the Central Office of Indian Patent Office (COIPO) or Regional Offices across India where it takes less than three months to process an application based on its complexity level which ranges between class 10-1st Class and class 10-2nd Class depending upon whether your invention falls under either one category or both categories respectively. Once approved after a thorough examination process COIPO will issue Letters of Patent against them which act as legal proof that a certain invention has been patented under government jurisdiction thereby preventing unauthorised use thereof without consent from the owner(s).
How is Intellectual Property Protected in India?
- IP rights can be protected under various laws of India like the Patents Act 1970, Designs Act 2006 and Trade Marks Act 1994.
- Intellectual property rights are also protected by court proceedings where you can file a suit against someone who has infringed upon your work and demand damages for this infringement as well as costs involved in bringing such a suit before the court.
However, the laws of India are not very clear when it comes to protecting your intellectual property rights. There is no specific law which provides for the protection of inventions or innovations in India. In fact, there is no provision for patent protection under Indian laws; only copyright and design protection are available.
The only way to protect your intellectual property rights in India is through filing for patent protection abroad and obtaining a corresponding patent. This way, you will be able to prevent others from using your invention without your permission. You can also apply for international design protection under the Paris Convention for the Protection of Industrial Property (1883).
What Are Some Common Mistakes People Make When It Comes to Intellectual Property?
You might be surprised to know that a lot of people don’t really understand intellectual property law. And this can lead to some big misunderstandings when it comes to sharing ideas and products.
Here are some common mistakes people make when it comes to intellectual property:
- Not registering their trademark or patent.
- Failing to protect their ideas by keeping them confidential.
- Not understanding the difference between copyright and trademark infringement.
- Thinking that they don’t need a lawyer to help them with their intellectual property rights.
- Not doing their research before starting a business.
The right of protecting intellectual property is a fundamental right of every Indian citizen. The government of India has taken several steps towards protecting these rights and promoting innovation among businesses in the country. This includes creating an Intellectual Property Cell in the Department of Industrial Policy and Promotion (DIPP) in 2011, providing protection against unfair competition through patent laws such as Section 2(f) of the Indian Patent Act, 1970.
To protect your creativity and innovative ideas, you can take the help of Lex Solutions which can help you to register your logo, trademarks, patents and all. It is a noted legal firm in Chandigarh and has a team of experts that can help you in every possible way. So to learn more about them, please visit their official website.