Intellectual Property Law in India

Intellectual property is ownership of property other than real estate or personal property, as these are products of the human mind or spirit. Although the property is similar, the type of goods is different: tangible and intangible assets. Intellectual property rights are the legal rights of intellectual activity in the industrial, scientific, literary and artistic fields result. These rights are limited by time.

The protection of intellectual property rights (IPR) in India until recently was at a very budding stage. Protection after the signing of international conventions and agreements on intellectual property has been gradually expanding. There is now a well-established statutory, administrative and judicial framework for intellectual property to protect, whether they relate to patents, trademarks, copyrights and industrial designs.

Initially, in India trade marks for goods were extended by court decisions to service marks, but now they are legally recognized. Computer databases have a strong protection under the IPR laws in India. The courts are granted under the doctrine of breach of confidentiality, a widespread protection of trade secrets.

The Intellectual Property Rights (IPR) laws in India are divided into five broad categories: trademarks, copyrights, patents, industrial designs and geographical indications.

India provides protection for intellectual property rights in accordance with its obligations under the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement of WTO.

Other than the civil remedies and damages, the police and other authorities are empowered to take action against infringement of intellectual property. The petitions will be filed for violations of intellectual property rights and tried in the courts like other suits. Appeals are filed in the courts against administrative decisions relating to intellectual property rights.

Intellectual Property Law in India broadly covers the following areas

• Patents
• Plant Variety Protection
• Geographic Information
• Traditional Knowledge
• Copyright
• Trade Marks
• Trade Secrets
• Industrial Designs