The Basics of Intellectual Property Rights in India for Intellectual Property Lawyer India

Aug 142023

“Intellectual Capital” has emerged as one of the major wealth generators in the current global trade as a result of the quick globalization and opening up of the Indian economy. The importance of intellectual property rights has considerably increased in India’s legal landscape, as seen by recent statutes and judicial rulings. The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the World Trade Organization (the “WTO”) were both ratified by India. In terms of intellectual property (IP) protection, Indian laws, enforcement clauses, and dispute resolution procedures are now fully TRIPS compliant. However, given the many complexities in the process, it is always better to get in touch with the Intellectual property lawyer India for clear understanding.

The following sections are covered under the intellectual law including –

  • Trade Marks
  • Information Technology and Cyber crimes
  • Data Protection
  • Patents
  • Geographical Indications
  • Layout Designs of Integrated Circuits
  • Plant Varieties
  • Copyrights and Related Rights
  • Industrial Designs

Basics that you need to know

The legal rights known as intellectual property rights allow people to defend the works of human creativity. It makes use of a number of legal techniques to grant content creators exclusive rights to their works. There are basically three categories of intellectual property rights, according to the International Convention for the Protection of Industrial Property.

Let’s have a look at the basics-


A patent is a form of intellectual property that provides protection for inventions including methods, tools, and chemical substances. For a set amount of time, often 20 years after the filing date, it gives the inventor the only authority to produce, use, sell, or import the invention.


The protection of copyright extends to software and databases developed by the original author as well as to creative and musical works. The exclusive right to reproduce, distribute, perform, exhibit, and develop derivative works based on the original belongs to the copyright owner.


Trademarks protect a brand’s commercial worth by forbidding rivals from using marks that are confusingly similar to it.

Geographical Indications

Labels affixed to goods with a specific geographic origin and characteristics or a reputation associated with that origin are known as geographic indicators (GIs). Laws in a number of nations safeguard GIs by prohibiting the use of the name or mark on products that don’t quite fit the requirements.

Common Mistakes People Make

Not registering IP: Failing to register intellectual property is one of the most frequent errors people make. If they don’t properly register their creations, inventions, or ideas, they run the risk of losing their rights to them.

Not doing a search for prior art: It is essential to do a prior art search before submitting a patent application. This makes it more likely that the innovation is new and hasn’t already been covered by a patent or entered into the public domain.

Not protecting trade secrets: Important trade secrets that are not appropriately protected are held by a large number of businesses. This could cause trade secrets to be revealed to rivals, erasing any competitive edge.

IP rights infringement: Some people infringe on the intellectual property rights of others by using or copying their creations, inventions, or ideas without permission. This may result in costly legal disputes and harm.

Not properly licensing IP: Failure to specify the terms and restrictions of usage when licensing intellectual property could result in future disputes and legal issues.

Failure to renew IP registrations: Many people neglect to renew their IP registrations, which results in a lapse in protection and the potential loss of their rights.

Assuming IP ownership: Not every person who creates something does so instantly with the ability to do so. The client or the employer may in some cases be the rightful owner of the intellectual property.

Social Media Marketing Toronto  Categories : Intellectual Property
Social Media Marketing Toronto  Tags :