Legislative umbrellas for protecting intellectual property rights in India

Various legislation pertaining to protection of all forms of intellectual property (IP) rights have been amended or enacted since India became a signatory to the international agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), after accession to the World Trade Organisation in 1995. At present, India’s IP-related legislation covers every significant aspect for the protection of IP rights. Every year cases involving IP rights protection in India are increasing, leading to a good number of important judgments every year, and better clarity in practice.

Patent law in India is governed by provisions of the Patents Act, which has been amended three times, mainly to comply with India’s obligations under the TRIPS agreement. India’s patent law operates under the “first to file” principle.

Domestic priority

Domestic patent applications take priority over foreign patent applications and can be filed through either the Paris Convention route or the PCT (Patent Co-operation Treaty) route. Once granted, patents are valid for 20 years from the date of filing an application, subject to an annual renewal fee. There is no provision for utility model patents in India.

Design law in India is governed by the provisions of the Design Act, allowing registration of the outward appearance of an article. However, a design does not include any mode or principle or construction, or anything that is in substance a mere mechanical device. The primary object of the design law is to protect shape, but not function. Designs can be registered in different classes as per the Locarno Agreement. These classes are mainly function-oriented. Design registrations are valid for a maximum of 10 years, renewable for a further five years.