India’s IP Management System

Fact Box: India’s IP management system

Intellectual property rights (IPR)

Intellectual property rights (IPR) are territorial rights that can be registered with a legal authority in some presentable or tangible form which can be sold or bought or licensed, similar to physical property.

Classification of Intellectual Property Rights:

• Patents: An exclusive right granted for a new invention—either a product or a process—that provides a new technical solution to a problem.
• Trademarks: A distinctive sign used to identify goods or services from a particular source. It can include words, letters, numerals, or a combination of these.
• Copyright and Related Rights: Rights granted to creators for their original literary, artistic, and musical works. These rights allow creators to control how their works are used and to receive payment (royalties) for their use.
• Geographical Indications (GIs): Signs used on goods that have a specific geographical origin and possess qualities or reputation attributable to that origin.
• Industrial Designs: The ornamental or formal appearance of a product resulting from creative activity. This includes shapes, patterns, and colors applied to products.
• Trade Secrets: Confidential business information that provides a competitive edge, such as manufacturing processes or marketing strategies.
• Semiconductor Integrated Circuit Layout Designs (SICLD): Designs of integrated circuits used in electronic gadgets.
• Protection of Plant Varieties & Farmers’ Rights: Recognizes and rewards the role of farmers and traditional communities in developing and conserving plant varieties.
• Protection of Biological Diversity: Covers traditional knowledge related to biological resources.

Key Institutions:

• Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM): The central authority responsible for granting and managing patents, designs, and trademarks in India. It operates under the Department for Promotion of Industry and Internal Trade (DPIIT).
• Department for Promotion of Industry and Internal Trade (DPIIT): The government department overseeing the CGPDTM and overall IP policy.
• Intellectual Property Appellate Board (IPAB): A quasi-judicial body that handles appeals against decisions made by the CGPDTM.
  • Functions: Adjudicating disputes related to patents, trademarks, and designs.
• Patent Offices: Regional offices based in major cities like Mumbai, Delhi, Chennai, and Kolkata.

Key Laws and Regulations:

• Patents Act, 1970: It governs the granting and protection of patents in India.
• Trade Marks Act, 1999: It regulates the registration, protection, and enforcement of trademarks.
• Designs Act, 2000: It covers the protection of industrial designs.
• Copyright Act, 1957: It protects literary, dramatic, musical, and artistic works.
  • Features: Provides rights to authors and creators, including moral rights and economic rights, and outlines the process for copyright registration.
• Geographical Indications of Goods (Registration and Protection) Act, 1999: It protects geographical indications (GIs) which identify goods as originating from a specific place.
• Biological Diversity Act, 2002: It regulates access to biological resources and associated traditional knowledge.

International Compliance: 

• India aligns its patent laws with international standards.
• It joined the World Trade Organization in 1995, leading to compliance with the TRIPS Agreement.
• Amendments in 2005 introduced pharmaceutical product patents in line with TRIPS.
• India is also part of various intellectual property conventions, including the-
  • Berne Convention for copyright
  • Budapest Treaty
  • Paris Convention for Industrial Property protection
  • Patent Cooperation Treaty for patent matters