How may laws are available related to Intellecutal Property Rights. Explain in brief?
Major Intellectual Property Rights (IPR) Laws in India: Brief Overview
In India, there are seven primary laws that directly govern Intellectual Property Rights (IPR). These laws protect creations of the mind such as inventions, brand names, designs, creative works, and specialized layouts. Below is a simple, exam-ready summary.
How many IPR laws? — Seven core statutes
- 1) The Patents Act, 1970 (as amended)
- What it protects: New inventions in products or processes that are novel, involve an inventive step, and are industrially applicable.
- Key points: Exclusivity to make, use, sell, or import the invention.
- Term: 20 years from filing date.
- Authority: Indian Patent Office (CGPDTM).
- 2) The Trade Marks Act, 1999
- What it protects: Brand identifiers like names, logos, slogans, shapes, colors, and sounds that distinguish goods/services.
- Key points: Prevents confusingly similar marks; helps build brand value and consumer trust.
- Term: 10 years, renewable indefinitely.
- Authority: Trade Marks Registry (CGPDTM).
- 3) The Copyright Act, 1957 (as amended)
- What it protects: Original literary, musical, dramatic, artistic works, software/code, databases, films, and sound recordings.
- Key points: Automatic protection on creation; covers reproduction, adaptation, distribution, public communication.
- Term: For authors: life of the author + 60 years; for films/sound recordings: 60 years from publication.
- Authority: Copyright Office; enforcement via courts.
- 4) The Designs Act, 2000
- What it protects: Aesthetic features of shape, pattern, configuration, or ornamentation of an article (industrial designs).
- Key points: Must be new and not purely functional.
- Term: 10 years, extendable by 5 years (maximum 15 years).
- Authority: Designs Wing (CGPDTM).
- 5) The Geographical Indications of Goods (Registration and Protection) Act, 1999
- What it protects: Goods originating from a specific region where quality or reputation is essentially attributable to that location (e.g., Darjeeling Tea).
- Key points: Collective rights for producers from the region.
- Term: 10 years, renewable.
- Authority: GI Registry, Chennai.
- 6) The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001
- What it protects: New, extant, and essentially derived plant varieties with distinctness, uniformity, and stability (DUS).
- Key points: Balances breeders’ rights with farmers’ rights (to save, use, sow, re-sow, exchange).
- Term: Typically 15 years for most crops; 18 years for trees and vines.
- Authority: PPV&FR Authority.
- 7) The Semiconductor Integrated Circuits Layout-Design Act, 2000
- What it protects: Original topographies (layout designs) of integrated circuits.
- Key points: Prevents unauthorized reproduction or commercial exploitation of layouts.
- Term: 10 years.
- Authority: Semiconductor Layout-Design Registry.
Related and supporting regimes (good to know)
- Biological Diversity Act, 2002: Regulates access to biological resources and associated knowledge; requires approvals/benefit-sharing when seeking IPR based on Indian biological resources.
- Trade Secrets/Confidential Information: Protected through contracts and common law (no standalone statute). Protection lasts as long as secrecy is maintained.
- Emblems and Names (Prevention of Improper Use) Act, 1950: Restricts use of certain names/emblems in trademarks and branding.
Why this matters for CSE students
- Software and code: Protected by copyright; licensing decides reuse and distribution.
- Computer-related inventions (CRIs): Patentable only if they meet statutory criteria and go beyond excluded subject matter.
- Chip design: Layout-design law is directly relevant to VLSI/semiconductor work.
- Branding and UI elements: Trademarks and industrial designs can protect product identity and aesthetics.
Summary: India has seven core IPR laws—Patents, Trade Marks, Copyright, Designs, Geographical Indications, Plant Varieties and Farmers’ Rights, and Semiconductor Layout-Design—supported by related frameworks like the Biodiversity Act and trade secret protection through contracts.