Intellectual property (IP) lies at the heart of today’s global economy, driving innovation, creativity, and economic growth. As the world’s fifth-largest economy, with a flourishing startup culture and technological advancement, IP protection has become increasingly relevant in India. Recent years have seen notable strides in India’s approach to IP, supported by governmental initiatives aimed at enhancing IP protection and enforcement. However, challenges remain, as highlighted by India’s ongoing inclusion on the U.S. Trade Representative’s Priority Watch List in 2023, signalling areas for further progress.

 

Understanding Intellectual Property

 

Intellectual Property Rights (IPR) are legal entitlements granted to individuals or organizations for the creations of their minds, encompassing inventions, literary and artistic works, as well as symbols, names, and images used commercially. These rights provide creators with exclusive authority over their creations, typically for a specific duration, allowing them to control and profit from their intellectual outputs.

Article 27 of the Universal Declaration of Human Rights underscores the right of individuals to protect their moral and material interests derived from scientific, literary, or artistic endeavors. This recognition of intellectual property as a critical human right emphasizes its value in fostering creativity and innovation globally.

Understanding Intellectual Property in India:

Due to the speedy progress in the Indian economy, India introduced its first National Intellectual Property Rights (IPR) Policy in 2016. It was developed by the Department for Promotion of Industry and Internal Trade (DPIIT) within the Ministry of Commerce. This policy was anchored by the vision “Creative India; Innovative India” and was designed to foster an IP ecosystem that encourages creativity and innovation across various sectors.

The Cell for IPR Promotion & Management (CIPAM) operating under DPIIT is essential to the implementation of the IPR policy as a central reference point for all matters related to IP development and enforcement. CIPAM is tasked with streamlining IP processes, promoting IP awareness, and ensuring effective enforcement and commercialization of IP in India.

India’s IPR regime is fully compliant with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), aligning India with international standards while addressing unique domestic needs.

 

Legal Frameworks for IPR:

 

 

• The Copyrights Act, 1957

The Copyright Act provides exclusive rights to creators, protecting the expression of ideas in literary, dramatic, musical, and artistic works, and films, sound recordings, and computer programs under Section 13 of the Act. It allows the owner to control the use, adaptation, and performance of their work.

According to Section 17 of the Act, the author is the first copyright owner with the option to license or transfer rights via written agreement. The protection lasts for the author’s lifetime plus 60 years, benefiting the creator’s heirs.

Section 57 of the Act also grants authors moral rights to claim authorship and seek damages if their work is distorted or altered in a way that harms their reputation, even after assigning copyright to others.

 

• The Trade Marks Act, 1999

This Act defines a trademark as a mark capable of graphical representation that uniquely distinguishes goods or services of one entity from others. It includes symbols, words, colours, shapes, and packaging (This is defined under Section 2(zb) of the Act).

A trademark must be distinctive and capable of graphical representation for acceptance of registration. It can be denied if the mark lacks distinctiveness, is deceptive or confusing, or is offensive to religious or public sensibilities.

India is a member of the Madrid Protocol, allowing trademarks to be registered internationally after being filed in India.

Trademarks are valid for 10 years from registration and can be renewed indefinitely in 10-year increments, provided renewals are filed on time.

 

• The Patents Act, 1970

This Act grants exclusive rights to inventors, protecting new, novel, and industrially applicable inventions. A patent prevents unauthorized use or misappropriation, allowing only the inventor to exploit the invention.

A patent can be registered if the invention:

• Is novel and original (not previously introduced).
• Is industrially applicable (usable in an industry).
• It involves inventive steps that represent a technical advance or economic significance.

Patents are valid for 20 years from the application date, granting inventors rights to control the use, sale, or import of their product or process by third parties without permission.

As India participates in the Patent Cooperation Treaty (PCT), inventors can file for patent protection internationally, simplifying global patenting across PCT member countries.

 

• The Design Act, 2000

The Act protects the visual features of a product’s shape, configuration, pattern, ornamentation, or colour, whether applied in 2D or 3D forms under Section 2(d) of the Act.

A design can be registered if it

• It is novel and original (not previously produced).
• Has not been disclosed to the public, in India or internationally.
• It is distinguishable from existing designs.

Once a design is registered, it is protected for 10 years with an option to extend for an additional 5 years upon renewal.

 

• The Geographical Indications of Goods (Registration and Protection) Act, 1999—The GI Act

This act protects goods that have unique qualities linked to their place of origin. Examples include Darjeeling tea, Banarsi sarees, and Basmati rice, where characteristics like quality and reputation are closely tied to the geographic area.

A geographical indication (GI) identifies goods based on their origin within a specific territory, where the qualities or reputation are inherently linked to the location. This Act covers agricultural, natural, manufactured, and handicraft goods.

A GI registration requires proof of how the geographical origin affects the product quality or reputation with a map of the originating area. Registered GIs are protected for an initial 10 years and can be renewed indefinitely in a 10-year term.

 

• The Protection of Plant Varieties and Farmer’s Rights Act, 2001—The Plant Varieties Act

This act recognizes farmers’ rights and protects plant varieties to encourage the development of new varieties in India, fulfilling requirements under the TRIPS Agreement.

It allows breeders, farmers, or authorized persons to register a new plant variety if it meets conditions of novelty, distinctiveness, uniformity, and stability. Registered varieties are entered in the National Register of Plant Varieties.

Protection lasts for 9 years for trees and vines and 6 years for crops, with the option for renewal.

 

• The Semiconductor Integrated Circuits Layout-Design Act, 2000—The SICLD Act

The Semiconductor Integrated Circuits Layout-Design (SICLD) Act, 2000 protects layout designs of semiconductor circuits, which are products containing transistors and circuitry elements embedded in semiconductor materials to perform electronic functions.

 Registration Requirements include:

• Layout originality.
• commercially unexploited in India or other Convention countries.
• Distinctive from existing designs
• Include detailed representations and information demonstrating originality.

Registered layout designs receive 10 years of protection under the Act.

 

Recent Developments:

 

The establishment of the Maharashtra IP Crime Unit (MIPCU) in August 2017 enhanced public-private collaboration in combating digital piracy and IP theft, serving as a model for enforcement across India. Additionally, the launch of the IPR enforcement toolkit by DPIIT and the Federation of Indian Chambers of Commerce and Industry equips law enforcement to effectively address counterfeiting and piracy.

In recent years, the Indian government has modernized IP offices and increased manpower to efficiently manage the growing volume of applications. The integration of IT solutions for e-filing and digital certificate delivery has streamlined processes, while the reduction of trademark forms and introduction of expedited examination procedures have simplified applications. Furthermore, the use of video conferencing for hearings has improved accessibility.

To foster a culture of respect for intellectual property, awareness campaigns have been initiated, educating the public and industry stakeholders. The Ministry of Education’s Innovation Cell is also promoting IP literacy in classrooms, helping to instil awareness among future innovators.

 

A Recent Case Law:

Bajaj Electricals Ltd. Vs. Gourav Bajaj & Anr. (2020)

 

In a significant trademark infringement case, Bajaj Electricals Limited, a part of the Bajaj Group, took legal action against Gourav Bajaj for using the name ‘Bajaj’ for his two electrical stores and the phrase “Powered by: BAJAJ” on his website. Plaintiff, Bajaj Electricals Limited, argues that this misled consumers into believing that their brand endorsed Defendant, Gourav Bajaj’s businesses.

The central issue in this case was whether the defendant could defend his use of the name as a personal identifier. Bajaj Electricals Limited argued that their brand had been recognized as a well-known trademark for decades, thus infringing their established rights.

The Bombay High Court ruled in favour of Bajaj Electricals Limited, rejecting the defendant’s claim of personal name use and finding evidence of intent to deceive. The Court issued an interim injunction, preventing the defendant from using the ‘Bajaj’ name.

This ruling highlights the importance of protecting business trademarks and established brand identities. The court’s decision highlighted the need for businesses to uphold the integrity of their brand in a competitive marketplace.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content may not reflect the most current legal developments and is not guaranteed to be accurate, complete, or up-to-date. Readers should consult a qualified legal professional before taking any action based on the information provided. The authors and publishers disclaim any liability for any loss or damage incurred as a result of reliance on this article. This article does not create an attorney-client relationship.