Intellectual Property Laws

Legal Framework of the Intellectual Property Laws in India 

• Intellectual Property Laws: Vital pieces of legislation that govern various aspects of intellectual property rights in India, including patents, copyrights, trademarks, and trade secrets. It is designed to encourage innovation, creativity, and fair competition by providing legal protection to the creators and inventors.
• Applicability: In India, Intellectual Property (IP) laws circumscribe numerous types of protections, including patents, copyrights, trademarks, and designs. The Patents Act, 1970, protects novel discoveries that involve an inventive step and are industrially applicable, granting exclusive rights for a maximum of 20 years. The Copyright Act, 1957, safeguards original creations, such as literature, music, and films, granting authors the right to their work for their lifetime plus an additional 60 years. The Trade Marks Act, 1999, controls the registration and protection of unique symbols, logos, and names, which are valid for 10 years with options for renewal. The Designs Act, 2000, provides safeguards for the aesthetic designs of products.
• The Laws Governing Intellectual Property
  • Constitution of India: Article 300A of the Constitution of India establishes general property rights, which protect intellectual property ownership. However, it does not refer to IP, and it serves as the foundation for the lawful safeguards of Intellectual Property Rights in India.
  • The Patents Act, 1970: The Act provides for the issuance of patents for inventions within India. The Act specifies the criteria for what can be patented, the process of application, the rights granted to patentees, and the recommendations surrounding mandatory licensing and patent breaches. 
  • The Copyright Act, 1957: The Act provides safeguards for literary, artistic, musical, and cinematographic works, as well as databases and software. It gives authors the absolute right to reproduce, distribute, and publicly showcase their creations. 
  • The Trade Marks Act, 1999: The Act regulates the registration and safeguards of trademarks in India. It outlines what qualifies as a trademark, provides details of the registration process, and highlights the rights of trademark owners.
  • The Designs Act, 2000: This Act provides safeguards for the visual design of industrial products, encompassing features such as shape, configuration, pattern, or ornamentation. It outlines the process of registering designs and grants the owner absolute rights for a period of 10 years, which may be extended up to 5 years by paying prescribed fees for a second period.
  • The Geographical Indications of Goods (Registration and Protection) Act, 1999: This law safeguards geographical indications that mention the domestic names or products associated with a specific location, such as Darjeeling Tea or Kancheepuram Silk. The legislation ensures that unauthorized entities do not exploit such titles. 

Regulatory Organizations and Enforcement Mechanisms

• Controller General of Patents, Designs and Trade Marks (CGPDTM): This office, under the Ministry of Commerce and Industry, handles the registration and processing of patents, trademarks, and designs in India. It also handles the issuance of IP rights, maintains records of IP, and addresses legal actions in cases of infringement.
• Copyright Office: Established under section 9 of the Copyright Act, 1957, this office, under the Ministry of Commerce and Industry, is responsible for registering copyrights, supervising copyright records, and enforcing copyright legislation in India.
• Intellectual Property Appellate Board (IPAB): Earlier, the IPAB served as the judicial body for addressing appeals regarding issues of IP like patents, trademarks, and GI issues. Although it was terminated in 2021, the tribunal's liabilities are now handled by the High Courts.
• World Intellectual Property Organization (WIPO): India is a member of the WIPO, assigned to promote the progress of universal intellectual property (IP) standards and agreements. However, its participation in WIPO, as well as India's interests in numerous international treaties and agreements that govern intellectual property laws, is significant.

International Framework

• TRIPS Agreements (Trade-Related Aspects of Intellectual Property Rights): As a member of the WTO framework, this agreement establishes a basic standard for safeguarding and implementing intellectual property rights. India, being a member of the WTO, complies with TRIPS necessities, including patents, copyrights, trademarks, and other forms of Intellectual property.
• Berne Convention for the Protection of Literary and Artistic Works (1886): This Universal Treaty guarantees that literary and artistic creations are safeguarded in all member nations, including India.
• Paris Convention for the Protection of Industrial Property (1883): This treaty governs the protection of patents, trademarks, and industrial designs among member countries. Permitting creators in one nation to acquire protection in others.
• Madrid Protocol (1989): India has been a member of the Madrid Protocol since 2013, which facilitates the registration of trademarks across multiple nations with a single application for businesses and individuals.
• Geneva Convention on the Protection of New Varieties of Plants (UPOV): The UPOV Convention provides intellectual property protection for new plant species. However, India is not a member. 
  

Significant Amendments 

• Patents Act, 1970
  • The Patents Act, 1970, underwent amendments through the Repealing and Amending Act, 1974, the Delegated Legislation Provisions (Amendment) Act, 1985, the Patents (Amendment) Act of 1999, 2002, and 2005, and the Tribunal Reforms Act, 2021, and Jan Vishvas (Amendment of Provisions) Act, 2023.
  • Amendments of 2002 and 2005: These pivotal amendments ensure that India's patent law is fully compliant with the standards required to align with the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement, thereby permitting the granting of patents for products in the pharmaceutical and agricultural chemical sectors. It extended the duration of patents from 14 years to 20 years, also stipulating terms for mandatory licensing that allow the government to license patented inventions without the patent holder's consent under specific situations, and addresses the matter of compliance. 
• Copyright Act, 1957
  • The Act has undergone amendments through the Copyright (Amendment) Act of 1983, 1984, 1992, 1994, 1999, and 2012, the Finance Act of 2017, the Tribunal Reforms Act of 2021, and the Jan Vishvas (Amendment of Provisions) Act of 2023.
  • Amendment of 2012: The 2012 Amendment further strengthened the Copyright Act, introducing significant changes primarily to align Indian copyright law with international treaties, such as the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, and to address challenges in the digital era. These changes included provisions for digital rights management, enhanced protection for persons with disabilities, and other consideration rights along with royalties for authors and performers. 
• Trade Marks Act, 1999
  • The Act has undergone amendments through the Trade Marks (Amendment) Act of 2010, the Finance Act of 2017, the Tribunal Reforms Act of 2021, and the Jan Vishvas (Amendment of Provisions) Act of 2023.
  • Amendment of 2010: The Trade Marks Act was amended in 2010 to ease and optimise the procedure for registration of trademarks. A new Chapter IVA was added, covering special provisions related to trademarks through international registration under the Madrid Protocol. This includes provisions for the application of the Act in cases of international registration, international registrations where India has been designated, the effects of international registration, as well as the duration and renewal of such registrations. 
• Rules and Policy
  • The Patents Rules, 2003, The Copyright Rules, 2013, The Trade Marks Rules, 2017, Designs Rules 2001, The Geographical Indications of Goods (Registration and Protection) Rules, 2002, and National Intellectual Property Rights (IPR) Policy, 2016 are rules, regulations, and a policy that are essention in the legal framework of the intellectual property laws in India and have been amended over times to strengthening and expanding the provisions and scope of the related Acts and regulations. 

Violations of the Laws

• Violations of the Patents Act, 1970
  • Patent Assertions: People making false representations about the validity of a patent or ownership might encounter legal consequences, which may include a fine that may extend up to ₹10,00,000 and thereafter ₹1,000 for every day in the case of making a continuing claim, as outlined under Section 120 of the Act.
  • Entries in Register: If a person makes a false entry in the register of Patents or purports any writing appearing to be a copy of an entry in such register, they shall be punishable with imprisonment for a term which may extend to 2 years, or a fine, or with both as outlined under Section 119.
  • Non-registered Agents: If a person practices as a Patent Agent without registering himself as such with the Indian Patent Office, he shall be punishable with ₹5,00,000, and ₹1,000 for every day in case of continuing default as outlined under Section 123.
• Violations of the Copyright Act, 1957
  • Copyright Violations: Unofficial use, reproduction, or dispersal of copyrighted materials may constitute a violation. Criminal outcomes for infringement of copyright may involve a minimum imprisonment of 6 months, which can extend up to 3 years, and a minimum fine of ₹50,000, which can extend up to ₹2,00,000, as outlined under Section 63.
  • Possession of Plates: If any person knowingly creates or possesses a plate for making infringing copies of copyrighted materials, such person shall be punished for a term of up to 2 years, along with a fine as per Section 65.
• Violations of the Trade Marks Act, 1999
  • False Trademarks, Descriptions, etc: The unofficial use of a registered trademark or a mark that is confusingly similar may be considered a violation. In cases of wilful violation such as use of falsifies any trademarks, falsely applies any trademark to goods or services, applies any false trade description, tampers or alters any original indications, etc, the perpetrator may also face criminal sanctions, including imprisonment ranging from 6 months to 3 years and a fine of ₹50,000, which may extend to ₹2,00,000, as outlined under Section 103.
  • Goods or Services: Section 104 of the Act outlines the penalties for selling goods, or exposing goods for sale, letting those on rent, or possessing them, that have a false trade mark or description, resulting in imprisonment from six months to 3 years and a fine of ₹50,000, which may extend to ₹2,00,000.
  • Representing Trademark: Section 107 outlines that no person is allowed to make a false representation of a trademark as legally registered. If found guilty, they will be punished with a fine of a sum equal to one-half percent of the total sales or turnover, or ₹5,00,000, whichever is less.
• Violations of the Patents Act, 1970
  • Secrecy Provisions: Section 118 addresses non-compliance with the secrecy provisions or applying for a patent outside India without prior permission, which may result in punishment in the form of imprisonment for a term that may extend up to 2 years, a fine, or both.
  • Documentation: According to Section 119, whoever makes false entries in the patent register or produces false documents as evidence shall be punishable with imprisonment for a term of up to 2 years, or a fine, or both.
  • Claim of Patent: Section 120 states that whoever falsely represents that an article sold by him is patented or has a pending application for patent in India shall be liable to a penalty which may extend up to ₹10,00,000, and ₹1,000 for every day for continuing such claim.
• Violations of the Designs Act, 2000
  • Designs: The unauthorized use or reproduction of a registered design constitutes a breach. Section 22 outlines the provision for piracy of registered designs, which states that the perpetrator may be held liable to pay compensation to the registered user. 
• Violations of the GI Act, 1999
  • Geographical Indications: Falsely applying a GI to goods, or tampering with a GI, leads to imprisonment from 6 months to 3 years and a fine of ₹50,000, which may extend to ₹2,00,000, as per Section 39.
  • Selling Goods: According to Section 40, selling or possession for sale of goods falsely being a GI may result in a penalty ranging from 6 months to 3 years, along with a fine of  ₹50,000 to  ₹2,00,000. 

Procedure to Report a Violation  

• Complaint/FIR: In cases where an FIR or a complaint is required, it can be lodged with the concerned police station. An initial investigation will be initiated, and the report or charge sheet can be filed before the competent court in the matter. The aggrieved individual can approach the CGPDTM or the relevant department/office to register their grievance, allowing the authority to take appropriate action. Online portals or helpline numbers can be used to file such grievances.  
• Suit/Petition: The plaintiff/complainant may file a suit/petition before the court, which should contain details of the plaintiff's rights of IP, the accurate facts concerning the case, the evidence supporting the claim, and the relief the plaintiff/complainant is requesting. The plaintiff/complainant must pay the applicable court fees as specified by the court's regulations. Legal advice may be sought. The Acts under the IP laws outline provisions for both civil and criminal liabilities. 

How Can Seasoned Advocates Help You?

• Legal Assistance: Analyze the matter to understand the legitimacy of your IP rights and the strength of your claim. Provide suggestions on the best approach, including whether litigation is necessary or alternative dispute resolution (ADR) mechanisms may be employed. Also, assist in the perusal of the best course of action for the relief sought. 
• Legal Documentation: Prepare and submit mandatory legal documents, including complaints and cease-and-desist notices. Ensure that accurate legal procedures are followed and necessary compliances are done within the stipulated period. Also, help in collecting evidence, relevant documents, and expert testimonies to establish your IP rights and demonstrate the violations.
• Court Representation: Represent clients in court, presenting the evidence and furnishing arguments that support the relief or remedy sought. The expertise ensures that the case is effectively and efficiently represented before the court with strong pleadings. 
• Risk Management: Assist in ensuring necessary compliance to safeguard your Intellectual Property rights whenever and wherever required. Help in obtaining necessary licences, permits, trademarks, copyrights, designs, patents, and other essential documents to secure business.  

Conclusion 

The Intellectual Property Laws in India provide a comprehensive legal framework for protecting various types of intellectual property, including patents, trademarks, copyrights, and designs. It states the rights of makers and innovators, ensuring their work is lawful and shielded from unauthorized use or duplication. The laws outline the procedures for acquiring, registering, and enforcing these rights, as well as the consequences of violating them. Overall, the IP laws are crucial for promoting innovation, safeguarding the rights of creators, and fostering economic development in the country by ensuring that intellectual property is duly acknowledged and protected by law. To know more, contact us.