“Patent” means a patent for any invention granted under the Patent Act 1970. It is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. (WIPO).
India’s IP laws include (any four)
- The Trademark Act,1999 (as amended in 2010)
- Copyright Act, 1957
- Design Act, 2000
- The Patents Act, 1970 (as amended in 2002)
- The Geographical Indications of Goods (Registration & Protection) Act, 1999
- The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001
- Semiconductor Integrated Circuits Layout-Design Act, 2000
Intellectual Property Rights Policy Management framework (IPRPM) covers 8 types of intellectual property rights – (i) Patents, (ii) Trade mark, (iii) Industrial Designs, (iv)Copyrights, (v) Geographical Indications, (vi) Semiconductor Integrated Circuit Layout Design, (vii) Trade Secret, and (viii) Plant Varieties.
| Right Area | Legal provision | Subject | Term of Protection |
| Patent | Patent Act, 1970 & Patent Rules, 2003 | Must qualify requirements of being novel, Inventive and having industrial utility | 20 years |
| Trademarks | Trademark Act 1999 &Trademark Rules 2017 | Protects brand name, logo, design for a business or commercial enterprise | 10 years ; renewed for 10 years on payment of additional fees |
| Designs | Designs Act 2000 & Designs (Amendment) Rules 2021 | New or original designs (ornamental/ visual appearance discernible to the human eye) which can be replicated industrially | 10 + 5 years |
| Copyrights | Copyrights Act 1957 &Copyrights Rules 2013 amended in 2021. | Creative, artistic, literary, Musical and audio-visual works | Authors – Lifetime+ 60 years;Producers – 60 yearsPerformers – 50 years; |
| Geographical Indications | Geographical Indications Act 1999 & GI Rules 2002 amended in 2020. | Goods bearing unique characteristics due to geographical linkage – agricultural goods, natural goods, manufactured goods, handicrafts and foodstuff | 10 years, Renewed for 10 years on payment of additional fees |
| Semiconductor Integrated Circuits Layout Design | Semiconductor Integrated Circuits Layout Design Act 2000 & Rules 2001 | A layout of transistors and other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits. | 10 Years. |
| Trade Secret | Common Law approach covered through IPC, Contract Act, IP Act and Copyright | Confidential information having commercial value | Till the time confidentiality is safeguarded. |
| Plant Varieties | Protection of Plant Varieties and Farmers Rights Act (PPVFRA), 2001 | Traditional varieties and landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than 15 years or 18 years (in case of trees and vines), and new plant varieties. | 6-10 years. |
