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Intellectual Property

Types of Intellectual Property Rights in India

Intellectual property rights are not singular in nature as there are many types and sub-types involved. Stick with us till the end of this post to better your understanding of the subject.

There are several types of intellectual property rights (IPRs) recognized under Indian law, which is briefly described below:

  • Patents: Patents are exclusive rights granted to inventors for a limited period of time (20 years from the date of filing) for novel and non-obvious inventions that have industrial applications. The Indian Patent Act, of 1970 governs the registration and protection of patents in India.
  • Trademarks: Trademarks are symbols, logos, names, or phrases used to identify and distinguish the goods or services of one person or company from those of others. Trademarks can be registered under the Trade Marks Act, of 1999 and are valid for a period of 10 years, renewable indefinitely.
  • Copyrights: Copyrights protect original literary, artistic, musical, or dramatic works, including books, paintings, sculptures, music, films, and software. Copyrights give the owner exclusive rights to reproduce, distribute, and perform the work for a limited period of time (usually the lifetime of the creator plus 60 years). The Copyright Act, of 1957 governs the registration and protection of copyrights in India.
  • Designs: Designs refer to the aesthetic features of a product, such as its shape, pattern, or colour. Designs can be registered under the Designs Act, 2000 and are valid for a period of 15 years from the date of registration.
  • Geographical indications: Geographical indications (GIs) are signs or symbols that identify goods as originating from a specific geographic location, such as Darjeeling tea or Banarasi silk. GIs are protected under the Geographical Indications of Goods (Registration and Protection) Act, of 1999.
  • Trade secrets: Trade secrets refer to confidential information that gives a company a competitive advantage, such as formulas, processes, or methods. Trade secrets are protected under the common law and the Information Technology Act, of 2000.
  • Plant varieties: Plant varieties are new or distinct varieties of plants that are developed through breeding or genetic engineering. Plant varieties can be registered under the Protection of Plant Varieties and Farmers’ Rights Act, of 2001.

In Conclusion

In addition to these IPRs, India also recognizes several other forms of intangible property, such as industrial property, literary property, and rights of publicity. These rights are protected under various laws and regulations, depending on the nature and scope of the property. 

To know more about how to protect your business interests with the help of intellectual property rights get in touch with the help of the IP experts from Vakilsearch!

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