Intellectual Property Rights: Concepts, Types, and Purpose

Paper III

Unit 3

Reading Time 21 min read

1. Intellectual Property (IP) refers to creations of the mind — inventions, literary and artistic works, designs, symbols, names, and images used in commerce; Intellectual Property Rights (IPR) are the legal protections granted to creators and innovators to control the use of their creations for a defined period.
2. Copyright protects original literary, dramatic, musical, and artistic works including computer programmes; in India governed by the Copyright Act, 1957 (amended 2012); duration is author's lifetime + 60 years after death; no registration required — protection is automatic from creation.
3. Patent grants the inventor an exclusive right to make, use, and sell an invention for 20 years in India; governed by the Patents Act, 1970 (amended 2005 to comply with TRIPS); inventions must be novel, non-obvious (involve inventive step), and industrially applicable; computer programmes, discoveries, and methods of agriculture cannot be patented in India.
4. Trademark is a distinctive sign (word, logo, shape, colour, sound) identifying goods/services of one enterprise from others; governed by the Trade Marks Act, 1999; registration under Classes 1–45 (goods: 1–34, services: 35–45); registered trademark (®) validity 10 years, renewable indefinitely; unregistered marks are also protected under common law.
5. Geographical Indication (GI) is a sign identifying a product as originating from a specific geographical place where a quality, reputation, or other characteristic is attributable to that origin; governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act); Darjeeling Tea, Kanjivaram Silk, Kolhapuri Chappal, Rajasthan: Blue Pottery, Kota Doria Sari, Sanganeri Hand Block Print, Bagru Print.
6. Industrial Design protects the ornamental or aesthetic features (shape, pattern, colour) of a product; governed by the Designs Act, 2000; protects appearance, not functionality; duration: 10 years, extendable by 5 years (total 15 years). A design registered for a textile print prevents copying of its visual appearance.
7. Trade Secret protects confidential business information that provides a competitive edge (formula, process, business method, customer list); not registered with any authority; protection lasts as long as secrecy is maintained; famous example: Coca-Cola formula (kept secret since 1886). India currently lacks a standalone trade secrets statute.
8. TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights, 1994) under the WTO sets minimum standards for IPR protection worldwide; India signed TRIPS as part of WTO membership; TRIPS required India to extend pharmaceutical product patents (2005 amendment of Patents Act); it balances IP protection with public health through compulsory licensing provisions.
9. WIPO (World Intellectual Property Organization) is the United Nations specialised agency dedicated to promoting the use and protection of IP globally, headquartered in Geneva, Switzerland; India is a member; administers treaties like the Berne Convention (copyright), Paris Convention (industrial property), PCT (Patent Cooperation Treaty), and Madrid Protocol (trademarks).
10. Subject matter of copyright (per the 2023 PYQ): Section 13 of the Copyright Act, 1957 confers copyright in: (a) original literary, dramatic, musical, and artistic works; (b) cinematograph films; (c) sound recordings; computer programmes are treated as "literary works" under the Act.
11. Compulsory Licensing allows a government to authorise production of a patented product without the patent holder's consent, in public interest situations (national emergency, extremely urgent requirements, anti-competitive practices by patent holder); India granted its first compulsory licence in 2012 to Natco Pharma for Bayer's cancer drug Nexavar.
12. Plant Variety Protection: The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act) provides IPR for breeders of new plant varieties while protecting farmers' traditional rights to save, use, sow, resow, exchange, and sell seeds — a unique Indian innovation balancing commercial IPR with farmers' rights.

CORE Key Points at a Glance

1
Intellectual Property (IP) refers to creations of the mind — inventions, literary and artistic works, designs, symbols, names, and images used in commerce; Intellectual Property Rights (IPR) are the legal protections granted to creators and innovators to control the use of their creations for a defined period.
2
Copyright protects original literary, dramatic, musical, and artistic works including computer programmes; in India governed by the Copyright Act, 1957 (amended 2012); duration is author's lifetime + 60 years after death; no registration required — protection is automatic from creation.
3
Patent grants the inventor an exclusive right to make, use, and sell an invention for 20 years in India; governed by the Patents Act, 1970 (amended 2005 to comply with TRIPS); inventions must be novel, non-obvious (involve inventive step), and industrially applicable; computer programmes, discoveries, and methods of agriculture cannot be patented in India.
4
Trademark is a distinctive sign (word, logo, shape, colour, sound) identifying goods/services of one enterprise from others; governed by the Trade Marks Act, 1999; registration under Classes 1–45 (goods: 1–34, services: 35–45); registered trademark (®) validity 10 years, renewable indefinitely; unregistered marks are also protected under common law.
5
Geographical Indication (GI) is a sign identifying a product as originating from a specific geographical place where a quality, reputation, or other characteristic is attributable to that origin; governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act); Darjeeling Tea, Kanjivaram Silk, Kolhapuri Chappal, Rajasthan: Blue Pottery, Kota Doria Sari, Sanganeri Hand Block Print, Bagru Print.
6
Industrial Design protects the ornamental or aesthetic features (shape, pattern, colour) of a product; governed by the Designs Act, 2000; protects appearance, not functionality; duration: 10 years, extendable by 5 years (total 15 years). A design registered for a textile print prevents copying of its visual appearance.
7
Trade Secret protects confidential business information that provides a competitive edge (formula, process, business method, customer list); not registered with any authority; protection lasts as long as secrecy is maintained; famous example: Coca-Cola formula (kept secret since 1886). India currently lacks a standalone trade secrets statute.
8
TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights, 1994) under the WTO sets minimum standards for IPR protection worldwide; India signed TRIPS as part of WTO membership; TRIPS required India to extend pharmaceutical product patents (2005 amendment of Patents Act); it balances IP protection with public health through compulsory licensing provisions.
9
WIPO (World Intellectual Property Organization) is the United Nations specialised agency dedicated to promoting the use and protection of IP globally, headquartered in Geneva, Switzerland; India is a member; administers treaties like the Berne Convention (copyright), Paris Convention (industrial property), PCT (Patent Cooperation Treaty), and Madrid Protocol (trademarks).
10
Subject matter of copyright (per the 2023 PYQ): Section 13 of the Copyright Act, 1957 confers copyright in: (a) original literary, dramatic, musical, and artistic works; (b) cinematograph films; (c) sound recordings; computer programmes are treated as "literary works" under the Act.
11
Compulsory Licensing allows a government to authorise production of a patented product without the patent holder's consent, in public interest situations (national emergency, extremely urgent requirements, anti-competitive practices by patent holder); India granted its first compulsory licence in 2012 to Natco Pharma for Bayer's cancer drug Nexavar.
12
Plant Variety Protection: The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act) provides IPR for breeders of new plant varieties while protecting farmers' traditional rights to save, use, sow, resow, exchange, and sell seeds — a unique Indian innovation balancing commercial IPR with farmers' rights.

PREDICTED Predicted RAS Questions

Based on PYQ trends and 2026 syllabus analysis

1 5M What is the subject matter of copyright under the Copyright Act, 1957? 5 marks · 50 words

Model Answer

Under Section 13 of the Copyright Act, 1957, copyright subsists in: original literary works (including computer programmes), dramatic works, musical works, and artistic works; cinematograph films; and sound recordings. Copyright protects the expression of ideas, not ideas themselves. Protection is automatic from creation — no registration is required to enjoy copyright protection.

~50 words • 5 marks

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CORE Key Points at a Glance

PREDICTED Predicted RAS Questions