Creativity and innovation have been cherished throughout history. In ancient Greece, inventors were rewarded for their contributions, and the first recorded patent was granted in 1421 in Florence to Filippo Brunelleschi for method of transporting heavy loads up the river. He enjoyed exclusive rights for three years, preventing others from using similar methods during that period. Later, in 1474, the Venetian Senate passed the first formal patent law to protect new devices in exchange for their disclosure.
As industrial technology evolved, mass production of creative works became more common, prompting the need to grant exclusive rights to inventors and creators. A turning point was the 1873 International Exhibition of Inventions in Vienna, where many foreign exhibitors refused to participate for fear of idea theft. This underscored the demand for international IP protections.
In India, the foundation for intellectual property laws evolved gradually and now plays an essential role in fostering innovation and safeguarding creators’ rights. India’s IP framework aims to strike a balance between protecting innovators and serving the public interest.
The Spectrum of Intellectual Property Rights
Intellectual property (IP) covers creations of the mind—inventions, literary and artistic works, designs, symbols, names, and images—that are protected by law from unauthorized use. These protections incentivize creativity by allowing inventors and creators to benefit from their work.
Patents
Patents are exclusive territorial rights granted to their owners by the state, allowing them to prevent third parties, without consent, from making, using, offering for sale, selling, or importing the patented invention, in exchange for the public disclosure of the invention
In India, patent legislation began with Act VI of 1856. Over time, Patent laws evolved in response to the changing political and economic landscape of the country and to honor India’s commitment to the WTO’s TRIPS Agreement.As per the Patents Act, 1970 (as amended in 2005), a patent is granted for a term of 20 years for an “invention,” which is defined as a new product or process involving an inventive step and capable of industrial application. The Act excludes from patentability inventions that are frivolous, violate natural laws, harm public order, morality, health, or the environment, consist of mere discoveries of scientific principles or substances in nature, or new forms of known substances without enhanced efficacy, simple mixtures or processes yielding no new product, arrangements of known devices functioning independently, methods of agriculture or horticulture, method of treatments, plants, animals, biological processes (excluding microorganisms), mathematical or business methods, computer programs per se, algorithms, literary or artistic works, methods for mental acts or games, presentations of information, integrated circuit topographies, inventions based on traditional knowledge, and those related to atomic energy.
The Act endeavors to maintain a balance between promoting innovation and safeguarding public welfare. On one hand, a statutory monopoly of 20 years is conferred upon the owners of the patent. On the other hand, there is a provision for the compulsory licensing and revocation of patents on the grounds that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or that the patented invention is not available to the public at a reasonably affordable price, or that the patented invention is not being worked in the territory of India.
Section 83 of the Patents Act, 1970 provides clarity on the purpose behind granting patents. It emphasizes that patents are granted to encourage innovation, ensure inventions are commercially worked in India, and are available to the public at affordable prices. The Section highlights that patent rights should promote technological innovation, facilitate technology transfer, and contribute to social and economic welfare, while maintaining a balance of rights and obligations. It also underscores that patents should not hinder public health or be used to unreasonably restrain trade.
Trademarks
The Trade Marks Act, 1940, was India’s first statute on trademarks. It was replaced by the Trade and Merchandise Marks Act, 1958, which came into force in 1959. Following India’s accession to the WTO in 1995, the need to align domestic law with international standards, particularly the TRIPS Agreement, arose. This led to the enactment of the Trade Marks Act, 1999, which introduced key changes, such as recognizing the shape of goods as trademarks and extending protection to services in addition to goods. India acceded to the Madrid Protocol with the enactment of the Trade Marks (Amendment) Act, 2010.
Section 2(1)(zb) of the Act defines a trademark as a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others. The definition specifically includes the shape of goods, their packaging, and combination of colors. While the Act provides for the provision of initiating an infringement suit for the infringement of a registered trademark, a passing off action can be initiated for an unregistered trademark.
Industrial Designs
The registration and protection of industrial designs in India are governed by the Designs Act, 2000. The Act protects new and original creations that involve the shape, configuration, surface pattern, ornamentation, and composition of lines or colors applied to articles, which, in their final form, appeal to the eye and are judged solely based on visual appearance. However, any method, principle of construction, operation, or anything that is essentially a mechanical device cannot be registered as a design.
The design must not include any trademark or property mark or artistic works as defined under the Copyright Act, 1957. The registration of a design grants the registered proprietor, an exclusive “Copyright” over the design for the duration of the registration. “Copyright” refers to the exclusive right to apply the design to articles within the class for which it is registered. The term of a registered Design is 10 years which can be further extended for a period of 5 years.
Copyrights
Copyright is a legal right granted to creators of literary, dramatic, musical, and artistic works, as well as to producers of cinematograph films and sound recordings. Unlike Patents which protects ideas, Copyright protects expressions. Copyright is automatically acquired upon creation of a work. However, the certificate of registration of copyright serves as prima facie evidence in a court of law in cases involving disputes over copyright ownership.
Copyright Act, 1957 provides bundle of rights including rights of reproduction, performance in public, communication to the public, adaptation and translation of the work. The Act also outlines provisions for fair use, allowing certain uses of copyrighted works without the owner’s permission, such as for research, study, criticism, review, news reporting, and use in libraries, schools, and legislatures.
Geographical indications (GIs)
Geographical Indications (GIs) are protected under the Geographical Indications of Goods (Registration and Protection) Act, 1999, which defines GI as an indication that identifies specific agricultural, natural, or manufactured goods as originating or produced in a particular territory, region, or locality. The quality, reputation, or any other characteristic of these goods is directly attributable to their geographical origin. The Act also stipulates that for manufactured goods, at least one stage of production, processing, or preparation must occur within the defined territory, region, or locality to maintain the GI status. This legal protection ensures that such goods are recognized for their unique attributes tied to their place of origin.
Although registering a GI is not mandatory, it provides enhanced legal protection, making it easier to pursue infringement actions. Both the registered proprietor and authorized users have the right to initiate such actions. The registration of a geographical indication is valid for 10 years and can be renewed indefinitely for successive periods of 10 years each.
Trade Secrets, IC Layout Designs, and Plant Varieties
Rights in respect of other intellectual properties, such as trade secrets, semiconductor integrated circuit layout designs, and plant varieties, are also enforceable in India.
While India lacks a specific statute dedicated solely to trade secrets, these can be protected under the Indian Contract Act, 1872, principles of equity, or through common law actions for breach of confidence.
Semiconductor integrated circuit layout designs are protected under the Semiconductor Integrated Circuits Layout-Design Act, 2000.
Meanwhile, the Protection of Plant Varieties and Farmers’ Rights Act, 2001, ensures that plant varieties are effectively safeguarded.
Conclusion
India’s intellectual property laws provide comprehensive protection for all forms of IP, including patents, trademarks, copyrights, designs, trade secrets, IC layout designs, and plant varieties. The key statutes align with international standards while also addressing the country’s unique needs. Overall, India’s IP framework strikes a balance between the rights of innovators and creators on one hand and public welfare on the other, fostering innovation while ensuring broad societal benefits.
1. Section 2(1)(j) of the Indian Patents Act, 1970 (as amended in 2005)
2. Section 3 of the Indian Patents Act, 1970 (as amended in 2005)
3. Section 84 of the Indian Patents Act, 1970 (as amended in 2005)