Intellectual Property

A patent is a statutory right granted to an inventor for a new invention — a product or process that is novel, involves an inventive step, and is capable of industrial application. A granted patent confers on the patentee the exclusive right to prevent others from making, using, selling, offering for sale, or importing the patented invention without authorisation. In India, patents are granted under the Patents Act, 1970 for a term of twenty years from the date of filing, subject to renewal.

A trade mark is a sign — a word, logo, device, shape, colour combination, sound, or other indicator — capable of distinguishing the goods or services of one undertaking from those of another. Registration under the Trade Marks Act, 1999 affords the proprietor the exclusive right to use the mark for the goods or services in respect of which it is registered, and to obtain relief in respect of infringement. Registration is granted for ten years and is renewable indefinitely.

Copyright subsists in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings, as well as in computer programs and software. Under the Copyright Act, 1957, copyright arises automatically on creation of the work; registration is not mandatory but provides prima facie evidence in proceedings. The author, or the person to whom rights have been assigned, holds exclusive rights to reproduce, communicate, adapt and translate the work for the term prescribed by the statute.

An industrial design protects the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to an article — broadly, the visual appearance of a product, judged by the eye. Registration under the Designs Act, 2000 grants the proprietor the exclusive right to apply the registered design to the article in respect of which it is registered, for a period of ten years, extendable by five years on renewal. To be registrable, a design must be new and original and must not have been disclosed to the public before the date of filing.

A geographical indication is an indication used on goods that have a specific geographical origin and possess qualities, reputation or characteristics essentially attributable to that place of origin. Registration under the Geographical Indications of Goods (Registration & Protection) Act, 1999 confers on producers within the registered region the right to use the indication and to prevent its misuse by persons outside the registered class. Indian GIs include products such as Darjeeling Tea, Banarasi Saree and Mysore Sandalwood Oil.

A trade secret is confidential business information — formulae, processes, customer lists, pricing data, technical know-how, or strategic information — that has commercial value because it is not generally known and is the subject of reasonable steps to keep it confidential. India does not yet have a dedicated trade-secrets statute; protection is grounded in contract law, the equitable doctrine of breach of confidence, and provisions of the Indian Contract Act, 1872 dealing with restraints and confidentiality. Civil remedies include injunctions, damages and account of profits.