Intellectual property (IP) can be described as the results and outcomes of a study – ‘intellectual’ since it is creative output and ‘property’ for the reason that it is perceived to be a tradable commodity.[i] Such properties are protected under Intellectual Property Rights (IPR), which can be further classified as patents, copyrights, trademarks, and design rights.

Patent

A patent gives a legal monopoly to the patent holder by giving him/her the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent. In India, the term of protection of such a right is 20 years (a term introduced by Patent Amendment Act 2002) from the date of filing the application, which may be subject to payment of annual fees.[ii] 

This right is conferred upon anyone who invents any new, useful, and unique process, machinery, article of manufacture, or composition of matter. Same as any other property right, it can be sold, licensed, offered as a security, or transferred. 

Public disclosures of inventions can lead to the forfeiture of patent rights if the inventors or patent holders do not act in time. However, in India, there are certain exceptions mentioned under the Patent Act that can be filed despite public disclosure, and such public disclosure shall not be deemed to have been anticipated.[iii]

Copyright 

Copyright applies to literary works, artistic and musical works, audio and video recordings, broadcasts, and cable transmissions. It can also be used to protect software. However, certain software can be patented if they form a functional part of an invention. 

Unlike a patent, a copyright need not be applied for as it arises automatically, provided that it is original and meets the requirements. The copyright lasts for 60 years from the death of the author of the work.[iv] 

As copyright is an unregistered right, persons protected under such a right should include a copyright notice on their website and marketing materials to alert third parties of their rights. Individuals can use the © symbol, followed by the year when the work was made available to the public.

Trademark 

A trademark is a mark/logo or any other distinctive design associated with products or services, which do not describe the products or services. 

These rights are used to identify products or services and to differentiate those products and services from the products or services of a competitor’s business. Once a trademark has been registered, the trademark right is unlimited.

Design rights

These rights apply to aspects of the shape and configuration of an article. Design rights can be unregistered as well as registered. Unregistered design rights (for instance computer chips) can be used to protect internal or external features of an article. Registered designs apply to those articles whose features are aesthetic and are judged by the eye. Registered designs may be in the field of furniture and lighting, cutlery, crockery, furniture designs, textiles, jewellery, and wine and product labels.[v] 

Filing, prosecution, and registration of an industrial design in India are governed by the Designs Act, 2000 and its corresponding Designs Rules, 2001.[vi] 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.