Glossary

Legal-term explainers

Short, statute-anchored definitions of Indian legal terms within the firm’s areas of practice. Nothing on these pages constitutes legal advice.

Compulsory Licence A statutory licence granted by the Controller of Patents under Section 84 of the Patents Act, 1970, permitting a third party to use a patented invention without the patentee's consent. Compulsory licences are granted when the patentee fails to work the invention in India, refuses to grant a licence on reasonable terms, or charges excessive prices. The licensee pays a royalty determined by the Controller.
Copyright Infringement and Fair Dealing Copyright infringement is the unauthorised reproduction, distribution, communication to the public, or adaptation of a copyrighted work. Fair dealing under Section 52 of the Copyright Act, 1957 permits limited use of copyrighted material for specific purposes — including research, criticism, review, reporting, and education — without constituting infringement.
Design Registration The statutory protection of the visual appearance of a product — its shape, configuration, pattern, ornament, or composition of lines or colours — under the Designs Act, 2000. A registered design gives the proprietor exclusive rights for ten years (extendable to fifteen) to prevent others from making, importing, or selling articles bearing the design without consent.
IPR Enforcement and Border Measures The statutory and procedural mechanisms for preventing the import and export of goods that infringe intellectual property rights at India's customs frontiers. Under the Customs Act, 1962 and the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, rights-holders can record their registered trade marks, copyrights, patents, and designs with customs authorities to enable seizure of counterfeit and pirated goods.
Passing Off A common law tort that protects the goodwill and reputation associated with an unregistered trade mark, trade name, get-up, or other indicia of trade origin. It prevents one trader from misrepresenting their goods or services as those of another, thereby damaging the latter's goodwill. No registration is required — the right arises from use and reputation.
Patent Opposition (Pre-Grant and Post-Grant) A statutory proceeding before the Indian Patent Office by which a third party challenges the grant of a patent. Pre-grant opposition is filed under Section 25(1) before the patent is granted; post-grant opposition is filed under Section 25(2) within one year of the date of publication of the grant. Both are adjudicated by the Controller of Patents.
Patent Specification (Provisional vs Complete) The technical and legal description of an invention filed with a patent application before the Indian Patent Office. A provisional specification preserves an early filing date with a brief description; a complete specification — required to obtain grant — fully discloses the invention and includes claims defining its scope. Governed by the Patents Act, 1970 and the Patents Rules, 2003.
Patentability Criteria The three statutory requirements an invention must satisfy to qualify for a patent under Indian law — novelty (newness), inventive step (non-obviousness), and industrial applicability (utility). Governed by Sections 2(1)(j), 2(1)(ja), and 2(1)(ac) of the Patents Act, 1970, read with the exclusions under Section 3.
Trade Secret Protection The legal protection of confidential business information that derives commercial value from being kept secret and is subject to reasonable efforts to maintain its secrecy. Unlike patents, trade marks, and copyrights, trade secrets are not registered with any government office. Protection arises from contract, common law, and the law of breach of confidence.
Trademark Infringement The unauthorised use of a registered trade mark, or a mark deceptively similar to it, in the course of trade in relation to goods or services for which the mark is registered. Under Section 29 of the Trade Marks Act, 1999, infringement gives the registered proprietor a civil right of action for injunction, damages, and account of profits.
Trademark Opposition Notice A formal objection filed before the Trade Marks Registry challenging a trade mark application that has been advertised in the Trade Marks Journal. Filed under Section 21 of the Trade Marks Act, 1999, in Form TM-O, within four months of journal publication.
Well-Known Trademark A trade mark that enjoys a high degree of public recognition and is accorded enhanced protection under the Trade Marks Act, 1999. Well-known marks are protected across all classes of goods and services — even where the mark is not registered — and benefit from special evidentiary rules and statutory presumptions under Sections 11(6)–(9).