Trademarks
A trademark is a distinctive sign or symbol used by businesses to distinguish their goods or services from those of others. In India, trademarks are governed by the Trade Marks Act, 1999, providing protection for logos, brand names, and other identifying marks.
1.Copyright
Copyright is a legal right granted to the creator of original works of authorship, such as literary, artistic, and musical works. It grants the creator exclusive rights to use, distribute, and reproduce the work, as provided under the Copyright Act, 1957 in India
2.Patents
A patent provides exclusive rights to an inventor for a new and inventive product or process. Under the Patents Act, 1970, an inventor can protect their innovation from being made, used, or sold by others without permission, generally for a period of 20 years.
3.Protection of Plant Varieties and Farmers' Rights Act, 2001
This Act aims to protect the rights of farmers and plant breeders in relation to plant varieties and ensures that farmers who contribute to plant genetic resources benefit from the use of such varieties. It promotes the development of new plant varieties while also safeguarding farmers’ interests.
4.Bayer Corporation v. Union of India
In this landmark case, Bayer challenged the Indian Patent Office’s decision to allow the generic production of its cancer drug by Indian manufacturers. The case underscored the balance between patent protection and public health, especially under the framework of the Patents Act, 1970.
5.Geographical Indication
A Geographical Indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities or a reputation due to that origin. In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999 regulates the registration and protection of GIs, which are used to preserve cultural heritage and promote local industries.
6.Industrial Design
Industrial design refers to the aesthetic aspect of an article, including its shape, pattern, or color. The Designs Act, 2000 provides protection to the visual design of products, ensuring that the design is not copied or imitated by competitors.
7.The Designs Act, 2000
The Designs Act, 2000 provides protection to the design of industrial products. This includes any feature of shape, configuration, pattern, or ornamentation that is applied to an article. The Act ensures that designers’ rights are safeguarded against infringement for up to 10 years.
8.The Patents Act, 1970
The Patents Act, 1970 governs the patent system in India, providing exclusive rights to inventors for their innovations. It allows inventors to prevent others from making, using, or selling their patented invention without authorization, promoting innovation and technological development.
9.Trade Secrets
Trade secrets are confidential business information that provides a competitive edge. These include formulas, practices, processes, designs, or other business information that is not generally known or easily accessible. Trade secrets are protected under common law, as there is no specific statutory framework in India for their protection.
10.Copyright Infringement Cases
Copyright infringement refers to the unauthorized use of copyrighted works. In India, this is governed by the Copyright Act, 1957, and infringement cases can lead to civil or criminal penalties, including damages and fines for unauthorized copying or reproduction of works.
11.IPR Judgments
Intellectual Property Rights (IPR) judgments refer to the decisions made by courts regarding the infringement or protection of intellectual property rights. These judgments interpret and enforce various IP laws, such as those under the Patents Act, Copyright Act, and Trade Marks Act, and set legal precedents.
12.Architectural Copyright
Architectural copyright protects the design of buildings and structures, allowing architects to maintain exclusive rights over their creative works. Under the Copyright Act, 1957, architectural works are considered artistic works and can be protected from unauthorized use or reproduction.
13.Novartis v. Union of India
In this significant case, Novartis challenged India’s patent laws after its cancer drug Glivec was denied patent protection due to lack of novelty and inventive step. The Supreme Court ruled in favour of the Union of India, emphasizing the balance between patent rights and access to affordable medicine for the public.
14.World Intellectual Property Organization (WIPO)
The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations, which oversees the international protection of intellectual property. It facilitates the harmonization of IP laws worldwide, ensuring that intellectual property is protected across member countries, including India.
15.The Geographical Indications of Goods (Registration and Protection) Act, 1999
This Act provides a legal framework for the registration and protection of geographical indications (GIs) in India. It helps preserve the authenticity of goods originating from specific regions, like Darjeeling tea or Kanchipuram silk, ensuring their distinct identity in the market.
16.Copyright Law of India
The Copyright Act, 1957 governs copyright law in India. It protects the works of authors, including literary, dramatic, musical, and artistic works, ensuring that creators have exclusive rights over their creations for a defined period, usually the lifetime of the author plus 60 years.