Intellectual Property Rights in India

Protection of Trademarks, Patents, Copyrights, Designs, Geographical Indication & Domain names in India are governed by the general laws including the common law as well as specific Intellectual Property laws.

All applications for the protection of intellectual property with the Indian Intellectual Property Office can be filed online

Being a signatory of the Paris Convention for the Protection of Industrial Property, convention applications claiming priority in India can be filed.

There are five Intellectual Property Offices in Mumbai, Chennai, Kolkata, New Delhi and Ahmedabad.

The Courts in India provides for both civil as well as criminal remedies against offences relating to Intellectual Property.

Trademarks

The law relating to trademarks in India is governed by the Trade Marks Act, 1999, the Trademarks Rules, 2017, the Intellectual Property Appellate Board (Procedure) Rules, 2003 and the Trademarks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003. The Trademarks Act, 1999 replaced the Trademarks & Merchandise Act, 1958 and the Trademark Act & the Trademark Rules have been amended from time to time to keep in pace with the changing practice of trademarks law in India.

Patents

The law relating to patents in India is governed by the Patents Act, 1970, the Patent Rules, 2003, the Intellectual Property Appellate Board (Patents Procedure) Rules, 2010 and the Patents (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2011. The Patent Rules have been amended from time to time to keep in pace with the changing practice of patents law in India.

Designs

The law relating to designs in India is governed by the Designs Act, 2000, the Designs Rules, 2001.

Copyrights

The law relating to copyrights in India is governed by the Copyright Act, 1957, the Copyright Rules, 2013 & the International Copyright Order, 1999.

Domain names

The disputes relating to India’s country code top-level domains (ccTLD) – .in domain names are decided under the .IN Dispute Resolution Policy (INDRP) and the INDRP Rules of Procedure.

Customs recordal / Border Control

The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 in conjunction with the Customs Act enables rights holders to register their Intellectual Property with the customs houses at the various ports in India to stop the import of infringing or counterfeit products.