INTELLECTUAL PROPERTY
OVERVIEW
Trademark protection in India is governed by the Trade Marks Act, 1999, which allows registration of names, logos, slogans, and other distinctive marks used to identify goods or services. Registration is obtained through the Trade Marks Registry following an examination, publication, and opposition process, and grants the proprietor exclusive rights to use the mark, along with the ability to initiate infringement proceedings against unauthorized use. Registration is valid for ten years and renewable indefinitely, and marks are classified according to the Nice Classification system covering 45 classes of goods and services. Unregistered marks may still be protected under common law through a passing-off action, which requires proving goodwill, misrepresentation, and resulting damage.
Copyright protection is governed by the Copyright Act, 1957, and extends automatically to original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound recordings, without requiring registration. Copyright generally subsists for the lifetime of the author plus 60 years, though this term varies for certain categories of work. While registration is not mandatory, it creates a public record of ownership and serves as prima facie evidence in infringement proceedings. Patent protection is governed by the Patents Act, 1970, which allows inventors to obtain exclusive rights over an invention that is novel, involves an inventive step, and has industrial application, provided it does not fall within the categories excluded under Section 3 of the Act. A patent application undergoes examination by the Indian Patent Office and, once granted, remains valid for 20 years from the filing date, subject to payment of periodic renewal fees. IP rights across all these categories may be licensed to third parties through defined agreements, and infringement can be pursued through civil remedies such as injunctions, damages, and accounts of profits, with criminal remedies available in specific circumstances, such as under the Trade Marks Act and Copyright Act.