Types of Intellectual Property

2.1 Copyright

Copyright protects the expression of ideas (not the ideas themselves — an important distinction). It is automatic — no registration required, though voluntary registration is available.

What copyright protects (Section 13, Copyright Act 1957):

Duration of copyright in India:

Category	Duration
Literary, dramatic, musical, artistic works	Author's life + 60 years
Anonymous/pseudonymous works	60 years from publication
Posthumous works	60 years from publication
Cinematograph films	60 years from publication
Sound recordings	60 years from publication
Government works	60 years from publication
International organisations' works	60 years from publication

What copyright does NOT protect:

• Ideas, concepts, facts, or information (only the expression)
• Names, titles, slogans (protected by trademark, not copyright)
• Works in the public domain (expiration of copyright term)

Moral Rights (Section 57): Even after transfer of copyright, the author retains:

1. Right to claim authorship
2. Right to restrain or claim damages for distortion, mutilation, or modification of the work that prejudices the author's reputation

Fair Dealing (Section 52): Acts that do not infringe copyright: research or private study; criticism or review; reporting current events; reproduction for judicial proceedings; reproduction by teachers; making accessible format copies for persons with disabilities.

Key 2023 PYQ: "Subject matter of copyright" = Literary, Dramatic, Musical, and Artistic works; Cinematograph Films; Sound Recordings.

2.2 Patent

Patent protects inventions — new solutions to technical problems. The grant of a patent gives the inventor an exclusive right to exploit the invention commercially for 20 years from the date of filing the patent application.

Three conditions for patentability (Section 2, Patents Act 1970):

1. Novelty: The invention must be new — not previously published, used, or known anywhere in the world
2. Inventive Step: Must involve a non-obvious technical advance (not obvious to a person skilled in the relevant field)
3. Industrial Applicability: Must be capable of being made or used in industry

What cannot be patented in India (Section 3, Patents Act):

Category	Reason
Mere discovery of a scientific principle	Not an invention (Art.3(a))
Mathematical method	Abstract, not technical
Method of agriculture or horticulture	Food security policy
Methods for treatment of human/animal body	Medical ethics
Plants, animals, biological processes	Cannot patent life
Computer programmes per se	Policy choice (software industry)
Business methods	Not technical
New forms of known substances unless enhanced efficacy	Section 3(d) — prevents evergreening

Section 3(d) — India's Innovation: The 2005 amendment added Section 3(d) to prevent evergreening — the practice of pharmaceutical companies filing new patents for minor modifications of existing drugs (changing salts, polymorphs) to extend monopoly. The Supreme Court upheld Section 3(d) in Novartis AG v. Union of India (2013) — rejecting Novartis's patent for the cancer drug Glivec (imatinib).

Compulsory Licensing (Sections 84–92, Patents Act):

• Any person can apply to the Controller of Patents for a compulsory licence after 3 years from grant of patent if:
  • Reasonable requirements of public not satisfied
  • Not available at reasonably affordable price
  • Not worked in India
• Government can also issue compulsory licences for national emergencies, public health emergencies, or government use

2.3 Trademark

Trademark is a sign that identifies the commercial source of goods or services. It creates brand identity and enables consumers to make quality-based choices.

Types of marks:

Type	Description	Example
Word mark	Distinctive word or phrase	"TATA", "INFOSYS"
Device mark	Logo or design	Tata Motors logo
Combined mark	Word + design together	Most corporate brands
Colour mark	Distinctive colour scheme	Cadbury purple
Shape mark	Product shape	Coca-Cola bottle shape
Sound mark	Distinctive sound	Nokia ringtone, MGM lion roar
Certification mark	Indicates conformance to standards	ISI mark, AGMARK
Collective mark	Used by members of an organisation	CA (Institute of Chartered Accountants)

Famous marks protection: Well-known or famous marks (like "GOOGLE", "APPLE") enjoy extended protection even outside their registered class — preventing "passing off" in unrelated goods.

™ vs. ®:

• ™ (unregistered trademark): Can be used by anyone to indicate a claim; no legal protection as registered mark
• ® (registered trademark): Legally registered under the Trademarks Act; holder can sue for infringement

Registration Process:

1. File application with Trade Marks Registry (Controller General of Patents, Designs and Trade Marks)
2. Examination for distinctiveness and conflicts
3. Publication in the Trade Marks Journal (4 months for opposition)
4. Registration if no opposition (or opposition unsuccessful)

2.4 Geographical Indication (GI)

A Geographical Indication (GI) tag signals that a product originates from a specific place and has qualities, reputation, or characteristics attributable to that origin.

Key features of GI:

• Cannot be owned by a single individual — registered in the name of a producers' association, state government, or central government body
• Duration: 10 years, renewable indefinitely (unlike patents which expire at 20 years)
• GI ≠ trademark: A trademark can be owned by a company; GI is a community right
• Appellation of Origin (protected under Lisbon Agreement): Stricter form of GI where all characteristics must be due to geographical environment including natural and human factors

GI in Rajasthan: Notable GI tags from Rajasthan include Blue Pottery (Jaipur), Phulkari embroidery, Jaipur Quilts (Razai), Jodhpuri Bandhani textiles, Sanganer Hand Block Print, Bagru Block Print.

2.5 Industrial Design

Industrial Design protects the ornamental or aesthetic aspect of a product — its appearance, not its technical function.

Aspect	Details
Governing Law	Designs Act, 2000
What is Protected	Shape, configuration, pattern, ornament, or composition of lines/colours in any article
What is NOT Protected	Features dictated solely by function (must have aesthetic element)
Duration	10 years from registration date, extendable by 5 years (max 15 years total)
Registration	Required (unlike copyright which is automatic)
Authority	Patent Office, Designs Wing

Difference from Copyright: An artistic work (painting) is automatically protected by copyright; if that same artistic work is applied industrially (printed on 50+ articles), it loses copyright but may be protected as an industrial design.

2.6 Trade Secret

Trade Secret is any confidential business information that provides a competitive advantage. There is no formal registration and protection lasts as long as secrecy is maintained.

Requirements:

1. Information must be secret (not generally known in the industry)
2. Must have commercial value because of its secrecy
3. Owner must take reasonable steps to maintain secrecy (NDAs, access controls)

Examples: Coca-Cola formula, Google's search algorithm (partial), KFC original recipe, customer lists, manufacturing processes.

India's position: India lacks a standalone Trade Secrets Act. Protection is available through:

• Indian Contract Act, 1872 — breach of confidentiality agreements
• Information Technology Act, 2000 — Section 72 (breach of confidentiality by authorised accessors); Section 43 (unauthorised data access)
• Common law — passing off actions
• The National IPR Policy 2016 noted the need for a trade secrets law, but legislation is pending.

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