4. Industrial Designs – shape, configuration, pattern of articles.
5. Geographical Indications (GI) – products linked to a location (Darjeeling Tea, Banarasi Saree).
6. Trade Secrets – confidential business information (like Coca-Cola recipe).
Objective: Encourage innovation, protect creators, and promote fair trade.
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2. Patent
Meaning
A patent is an exclusive right granted to an inventor for an invention that is new, involves an inventive step, and is industrially applicable.
It prevents others from making, using, or selling the invention without permission.
Indian Patent Law
Governed by the Patents Act, 1970 (amended in 1999, 2002, 2005 to comply with WTO).
Term: 20 years (from date of filing).
Criteria for patentability:
1. Novelty.
2. Inventive step.
3. Industrial application.
Exclusions: discoveries of natural laws, mathematical methods, plants & animals (except microorganisms), methods of agriculture/medical treatment.
TRIPS Agreement (WTO)
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement under the Uruguay Round (1994) required member countries (including India) to strengthen IP laws.
India amended its patent law to comply (esp. product patents in pharmaceuticals & agrochemicals in 2005).
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3. Trademark
Meaning
A trademark is a sign, logo, word, phrase, design, or symbol that distinguishes one business’s goods/services from another.
Indian Trademark Law
Governed by the Trade Marks Act, 1999.
Replaced the Trade and Merchandise Marks Act, 1958.
Provides registration, protection, and remedies against infringement.
Term: 10 years (renewable indefinitely).
Includes service marks, certification marks, and collective marks.
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4. Copyright
Meaning
Copyright protects original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings.
Unlike patents, it protects expression of an idea (not the idea itself).
Copyright Act, 1957 (India)
First comprehensive Indian copyright law.
Amended in 2012 to comply with WIPO treaties and digital age requirements.
Term: Lifetime of author + 60 years after death.
Covers:
Books, poems, plays.
Paintings, photographs.
Music, films.
Software programs.
Rights of Author
1. Economic rights (reproduction, distribution, public performance, adaptation).
2. Moral rights (authorship, integrity of work).
Limitations
Fair use (private study, research, criticism, review, teaching).
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5. Short Notes (for quick memory)
Intellectual Property Rights (IPR)
Protects creations of human intellect.
Encourages innovation, investment, and fair competition.
Examples: Patent, Trademark, Copyright, GI.
Patent
Exclusive right over an invention.
Indian Patents Act, 1970; 20-year validity.
Amended to comply with TRIPS Agreement.
Trademark
Identifies source of goods/services.
Governed by Trade Marks Act, 1999.
Renewable every 10 years.
Copyright
Protects literary, artistic, musical works.
Copyright Act, 1957, amended in 2012.
Lifetime of author + 60 years.
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✅ In summary:
The IPR system in India is shaped by domestic laws and international treaties (TRIPS, WIPO).
Patents safeguard inventions.
Trademarks protect brands.
Copyrights protect creative works.
Together, they create a framework that balances the rights of creators with the interests of society.
