What is Intellectual Property?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Brief definition and importance in the modern economy.
IPRs are the legal rights granted to creators, inventors, and businesses over their creations, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
IPRs aim to:
- Encourage innovation and creativity by rewarding creators and inventors.
- Protect intellectual property from unauthorized use or copying.
- Promote fair competition by ensuring that businesses can benefit from their own creations.
Importance in Modern Economy-
- Encouraging Innovation and Economic Growth-
IPRs incentivize investment in research and development (R&D), leading to the creation of new technologies, products, and services, which are essential for economic growth. It protects the Innovation of an individual and provides them with exclusive rights and control.
- Promoting Fair Competition:
By preventing unauthorized use or copying of intellectual property, IPRs help ensure a level playing field for businesses and creators.
- Protecting Creators and Businesses:
IPRs provide legal protection for intellectual property, allowing creators and businesses to benefit from their creations and investments.
- Safeguarding Business Interests:
IPRs help safeguard business interests, especially in the digital economy where the absence of IP protection can result in violations and damage.
Types of Intellectual Property in India
- TRADEMARKS
A trademark is a type of intellectual property that helps to protect your brand by distinguishing it from competitors. It is used to protect the name, logo, or slogan associated with a product or service from being used by others without permission. It is governed by the Trade Marks Act, 1999. Examples of trademarks are Nike swoosh, Coca-Cola’s logo, and the phrase “I’m lovin’ it” from McDonald’s.
- COPYRIGHTS
Copyrights protect original works of authorship, including literary, dramatic, musical, and artistic works, as well as cinematographic films and sound recordings. It is governed by the Copyright Act, 1957. Example of Copyright are movies, articles, paintings and photographs.
- PATENTS
Patents protect inventions, providing exclusive rights to make, use, and sell the invention for a limited period. It is governed by the Patents Act, 1950. Example of Patents are the telephone (Alexander Graham Bell), the lightbulb (Thomas Edison), and the Global Positioning System (GPS).
- INDUSTRIAL DESIGNS
Industrial Designs Protects the ornamental or aesthetic aspects of a product, including features like shape, configuration, and pattern. It is governed by the Designs Act, 2000. Examples are Coca-Cola bottle, the Anglepoise lamp, and the KitchenAid stand mixer
- GEOGRAPHICAL INDICATIONS
Geographical indications protect products that have a specific geographical origin and possess qualities or reputation attributable to that origin. It is governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999. Examples of geographical indications are “Champagne” for wine or “Darjeeling tea”.
TRADE SECRETS
Trade secrets are confidential information, like formulas, processes, or designs, that give businesses a competitive edge, protected by reasonable efforts to maintain secrecy, and not generally known or readily accessible. It is governed by common law principles, the Indian Contract Act, 1872, and the Information Technology Act, 2000, rather than a specific trade secret act.
Protection Mechanisms under Indian IP Law
- Civil Litigation: Rights holders can initiate lawsuits against infringers to seek remedies for infringement, including damages or injunctive relief.
- Criminal Prosecution: In cases of serious infringement, criminal charges may be pursued, with potential penalties like fines or imprisonment.
- Alternative Dispute Resolution: Methods like arbitration or mediation can be used to resolve IP disputes.
- IPAB (Intellectual Property Appellate Board): The Intellectual Property Appellate Board is a specialized organization that handles IP-related disputes in India.
- National Intellectual Property Rights Policy: The government has established this policy to foster innovation and creativity and monitor IPR law enforcement.
- Customs Act, 1962: This act is relevant for enforcement of IPR at the borders.
Trade Marks Act 1999
The Trademark Act, 1999 deals with the protection, registration and prevention of fraudulent use of trademarks. It also deals with the rights of the holder of the trademark, penalties for infringement, remedies for the damaged as well as modes of transference of the trademark.
Patents Act 1970
Indian Patent Act was enacted in 1970, it replaced the earlier 1911 Patents and Designs Act. It aims at promoting indigenous innovation and technology development in India. It introduced product patents for food, drugs, and chemicals while retaining process patents in other sectors. Amended in 2005 to comply with international trade agreements, introducing mailbox provisions for pharmaceuticals. It balances the interests of patent holders and the public by encouraging innovation while ensuring affordable access to essential medicines.
Copyright Act 1957
The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. The act states that No person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the law.
How to register different forms of IP
Patent-
- Process:
- Filing an application: Submit a patent application in the prescribed format, either by the inventor or their assignee.
- Examination: The patent office examines the application for novelty, non-obviousness, and other requirements.
- Granting a patent: If the invention meets the requirements, a patent is granted, giving the owner exclusive rights to use, sell, or license the invention.
Trademarks-
- Process:
- Application: File an application with the relevant authority, ensuring the trademark is distinctive and not confusingly similar to existing trademarks.
- Examination: The trademark office examines the application for registrability.
- Registration: If the trademark is found registrable, it is registered, giving the owner exclusive rights to use the trademark.
Copyright-
- Process:
- Application: File an application with the Copyright Office, either online or by mail.
- Examination: The copyright office examines the application for eligibility.
- Registration: If the work is eligible for copyright, it is registered, giving the owner exclusive rights to reproduce, distribute, and display the work.
Industrial designs-
- Process:
- Application: File an application with the relevant authority, ensuring the design is novel and original.
- Examination: The design office examines the application for registrability.
- Registration: If the design is found registrable, it is registered, giving the owner exclusive rights to use the design.
Enforcement and penalties
Why enforce IP rights?
Intellectual Property enforcement means different things to different stakeholders. For businesses, it is a crucial legal mechanism to protect their investment and ensure fair competition.
For consumers, it helps to guarantee product quality and safety. For governments, it is a way to protect revenue necessary for important social services and to ensure a sound and fair business environment necessary to attract investment.
Part III of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) sets the minimum legal standards in relation to IP enforcement.
Members of the World Trade Organization (WTO) are free to determine the method of implementing the provisions of the TRIPS Agreement within their own legal systems to achieve an appropriate balance between private and public interests.
The civil and criminal remedies in the TRIPS Agreement include provisional measures, civil and administrative procedures, border measures, and criminal procedures and penalties.
More information on Part III of the TRIPS Agreement.
Enforcing Intellectual Property (IP) rights involves various legal actions and penalties, including civil remedies like damages and injunctions, and criminal penalties for serious violations like counterfeiting, potentially leading to fines and imprisonment.
- Civil Remedies:
- Damages: IP owners can sue for damages to compensate for the financial harm caused by infringement, including lost profits and statutory damages.
- Injunctions: Courts can issue injunctions to stop the infringing activity, such as preventing the production or sale of infringing goods.
- Seizure and Destruction: Authorities can seize and destroy infringing goods.
- Criminal Penalties:
- Imprisonment: For serious IP crimes like commercial-scale counterfeiting or copyright piracy, offenders can face imprisonment, with penalties varying by jurisdiction.
- Fines: Criminal penalties often include substantial fines.
- Other Measures:
- Cease and Desist Letters: IP owners can send cease and desist letters to the infringer, demanding they stop the infringing activity.
- Litigation: If the infringer does not comply, the IP owner may file a lawsuit.
- Settlements: Many IP infringement cases are settled out of court, with the infringer agreeing to pay damages and cease the infringing activities.
- Customs Penalties: If counterfeit goods are seized at customs, the violators could face penalties under the Customs Act.
- International Cooperation: International treaties like TRIPS are crucial for addressing cross-border infringements.
Recent Trends and Developments (2024–2025)
As industries reshape global standards with the evolving landscape of intellectual property, lawyers tell Excel V. Dyquiangco how jurisdictions are adapting IP frameworks to keep pace with digital innovations, sustainability and economic uncertainties, including strategies for IP protection, regulatory challenges, and proactive legal reforms.
In 2025, intellectual property law is poised to face unprecedented shifts driven by rapid advancements in emerging technologies and industries. As artificial intelligence, blockchain and the metaverse continue to evolve, questions surrounding the ownership and protection of digital assets, data and innovations have become increasingly complex.
At the same time, the global race to adopt sustainable solutions and green technologies is creating new challenges for IP frameworks, particularly in managing the intersection of environmental goals and proprietary innovations. Jurisdictions worldwide are revisiting their IP laws to address these growing concerns, ensuring that legal protections keep pace with technological and industrial progress.
In 2024, notable IP law developments included the notification of the Patents (Amendment) Rules, 2024, streamlining patent procedures and enhancing protection, and the Jan Vishwas (Amendment of Provisions) Act, 2023, decriminalizing certain IP offenses.
- Patents (Amendment) Rules, 2024, The amendments include changes to the periodicity for filing working statements and ironing out practice issues related to filing divisional patent applications.
The Controller’s authority to condone delays or extend timelines has been increased to up to six months upon request in Form 4.
The rules also provide clearer guidelines for filing divisional applications, including those for inventions disclosed in provisional, complete specifications, and already filed divisional applications.
It is clarified that a divisional of divisional is also allowable.
According to new Rule 29A, the grace period for filing an Indian patent application is provided under Section 31 for inventions already published in front of a learned society.
- According to Jan Vishwas Act, 2023, which came into force on August 1, 2024, aims to decriminalize and remove certain offenses for ease of living and doing business in India.
- The amendments in the Schedule to the Act have either decriminalized, omitted, or revised the penalties for certain offenses in Intellectual Property laws.
The new provisions in 2025 extend design protection to include modern forms of creation, such as digital designs, including graphics, animations or user interfaces, as well as designs for spatial arrangements of elements. The purpose of these changes is to adapt the design protection regime to evolving technologies.
India’s role in global IP protection
The World Intellectual Property Organization (WIPO) annually publishes the World Intellectual Property Indicators (WIPI) report, which provides a comprehensive analysis of global trends in intellectual property filings.
The 2024 report highlights the growth and evolution of patents, trademarks, and industrial designs across key global economies, with particular attention to emerging markets and innovation hubs. Among these economies, India stands out as a rapidly growing player in the global IP landscape, making significant strides in all three major IP categories—patents, trademarks and industrial design.
India has solidified its position as a global leader in intellectual property filings, securing a spot in the top 10 countries for patents, trademarks, and industrial designs.
This achievement underscores India’s growing innovation capacity, with the country making remarkable strides in patent applications, brand protection, and design innovations. One of the most remarkable findings in the 2024 report is India’s exceptional performance in the global IP landscape.
India recorded a phenomenal +15.7% growth in patent applications in 2023, continuing its streak of double-digit growth for the fifth consecutive year. This surge places India among the top countries contributing to global patent filings, signalling the country’s increasing role as a global innovation hub.
The resilience of IP filings during the COVID-19 crisis further underscores the enduring importance of intellectual property in driving economic recovery and growth. India now ranks 6th globally in terms of patent applications, with 64,480 patent filings in 2023.
This puts India among the leading nations, including China, the United States, Japan, and South Korea, in terms of intellectual property activity. India’s rise in global patent rankings is particularly notable given its vast and diverse economy, ranging from traditional sectors like agriculture to cutting-edge industries like pharmaceuticals, information technology, and renewable energy.
This trend reflects the effectiveness of the government’s efforts to foster an innovation-friendly environment and to support local inventors through initiatives such as the National Intellectual Property Rights (IPR) Policy and the Atmanirbhar Bharat campaign.
Growth in IP filings by Indian startups
India startup ecosystem has experienced transformative surge in innovation marked by a turning 150% rise in patent applications and a 15.7% growth in total patent filings, reaching 64,480 applications in 2023.
Over the past 5 years this growth reflexes the expanding entrepreneur blanket and countries commitment to fostering intellectual property as a key driver of economic progress the impressive increase in startup killing has propelled India into a global top 10 for patent applications under scoring the Nations potential as an innovation power house.
Use of AI in IP law
AI is increasingly used in IP law for tasks like infringement detection, data analysis, and legal research, offering efficiency and speed, but also raising questions about authorship, ownership, and legal frameworks for AI-generated content.
AI can detect large data to identify potential copyright, trademark, and patent infringements, helping IP holders protect their rights. AI can quickly sift through vast databases of legal documents and case law, assisting lawyers in their research and analysis. AI can analyse IP portfolios to identify trends, patterns, relationships and decision-making.
When AI generates the content, it is often hard and unknown to determine who owns the IP, current IP laws do not fully address this. The use of AI in IP law raises ethical questions about fairness, transparency, and accountability.
Despite this, some governments, such as New Zealand, have adopted a “light-touch, proportionate, and risk-based” regulatory approach, aimed at providing reassurance and fostering AI growth in the country, with the view taken that existing legislation already provides adequate guardrails and so further regulatory intervention is necessary only to unlock innovation or address acute risks.
AI adoption continues to grow, 2025 is likely to see a wider range of commercial applications across all sectors. In light of the IP related challenges, businesses leveraging AI technologies must strategize to navigate the evolving intellectual property landscape.
Notable judgments or legislative changes
BAYER CORPORATION V. UNION OF INDIA
This landmark judgment is the first-ever IPR cases in India dealing with granting of a compulsory license under an application made under Section 84 of the Patents Act, 1970. In a very noteworthy advancement, the Delhi High Court held that ‘export’ of a patented invention for exploratory purposes is additionally secured beneath Segment 107A of the Licenses Act, 1970 and in this way does not sum to obvious encroachment.
THE COCA-COLA COMPANY V. BISLERI INTERNATIONAL PVT. LTD. AND ORS (Maaza War)
It was held that the Court had the purview to choose the case if the risk of encroachment exists. It was pointed out that a deliberate use of the trademark other than coordinate or circuitous utilization of the trademark was adequate to donate ward to the court to choose on the issue.
The court held that it might be a well-settled position of law that sending out items from a nation is to be considered as a deal inside the nation where from the merchandise are traded, and it sums to the encroachment of the trademark. Also, “The Court granted an interim injunction against the defendant from using the mark in India as well as in the export market to prevent the plaintiff from irreparable loss and injury and quashed the appeal by the defendant”.
The best address for thought is whether BATMOBILE is entitled to copyright security. The Court of Request depended on several authentic choices in choosing this case.
The court held that copyright assurance amplifies not as it were to unique work as an entire but moreover to “sufficiently distinctive” components, like comic book characters, contained inside the work Although comedian book characters are not recorded within the Copyright Act, courts have long held that, as recognized from simply “literary” characters, comic book characters, which have “physical as well as conceptual qualities”, are copyrightable.
The court depended on the judgment in Hachiki’s case where it was held that car characters could be copyrightable. Additionally, it has been held that copyright security can apply for a character indeed in case the character’s appearance changes over time.
Challenges in IP Enforcement
Lack of Awareness and Education
One of the primary challenges in the field of IP law in India is the lack of awareness and education among creators, innovators, and the general public. Many people are unaware of their rights and the importance of protecting their intellectual property. This lack of knowledge can lead to the misuse or infringement of IP rights, resulting in significant financial losses and legal disputes.
Lengthy and Complex Registration Process
The process of registering intellectual property in India is often lengthy, complex, and bureaucratic. This can be discouraging for creators and innovators who may not have the resources or patience to navigate the system. The delays in processing applications can result in the loss of potential commercial opportunities and legal protection.
Counterfeiting and Piracy
Counterfeiting and piracy are significant issues in India, affecting various industries, including pharmaceuticals, fashion, technology, and entertainment. These illegal activities not only result in substantial financial losses for IP holders but also pose risks to consumer safety.
Inadequate Legal Framework
Although India has made significant strides in developing its IP legal framework, there are still gaps and inconsistencies that need to be addressed. The existing laws may not be sufficient to protect new forms of intellectual property, such as digital content and software.
The Future of Intellectual Property Law in India
Over time, there has been a growing correlation between technology improvements and the laws governing them and intellectual property (IP) law. Because new waves of technology often require protection, IP law is always faced with obstacles. Additionally, there are new ways to misuse protected works thanks to new technologies adopted by the best intellectual property law firms in India.
The rules around intellectual property have been a topic of discussion since technology has developed into a separate entity with its own set of regulations. In the realm of intellectual property rights, artificial intelligence (AI), blockchain, and the Internet of Things (IoT) mark a new era. They also promote innovation, which is already helping to make intellectual property in India easier to understand. Simultaneously, emerging technologies are posing new legal issues, problems, and interpretations, especially in the domains of patent and copyright law.
For example, when AI creates a work, it is difficult to assign the ownership, thus new avenues for efficiency and creativity are being opened up by the use of blockchain technology for IP registration and management. Study up on the Impact of AI on Intellectual Property. India has adopted e-filing systems and specialised IP courts to enhance digital IP protection and streamline legal procedures. Also, the launch of the Digital India project has promoted the digitization of IP enforcement and registration processes, improving accessibility and efficiency.
Role of technology, international treaties, and reforms
Technology, international treaties, and reforms are intertwined, with technology driving the need for updated international frameworks and reforms addressing emerging challenges, while treaties provide a legal basis for cooperation and regulation in a technologically evolving world. In an era characterized by rapid innovation, the study investigates the transformative influence of technologies such as artificial intelligence, blockchain, and the Internet of Things on traditional intellectual property frameworks.
The research employs a comprehensive literature review to contextualize the evolving relationship between technology and intellectual property, identifying key theoretical frameworks and contemporary debates. A mixed-methods approach, including surveys and case studies, is employed to analyse the practical implications of technology on intellectual property rights across various industries.
The findings highlight the challenges and opportunities posed by technology in intellectual property management, shedding light on issues such as digital piracy, data ownership, and the balance between open innovation and intellectual property protection. International Treaties have definitely provided a base for intellectual property laws to thrive.
It provides safeguards, fosters innovation, and promote ideas internationally. International treaties in IP law establish a global framework for protecting intellectual property, harmonizing national laws, and facilitating cross-border recognition and enforcement of IP rights, ensuring a consistent level of protection for creators and businesses worldwide.
Conclusion
Intellectual property rights are temporary privileges granted to holders for exclusive exploitation of income rights from cultural expressions and inventions. Proponents of these rights have three justifications: natural law-based, personality rights, and utilitarians However, comparative economic studies show that there is more innovation in societies without intellectual property laws compared to those with such laws. With IP laws, the power and safeguards provided to one ensures and motivates them towards working for their innovation.
About Author
Palasha Daga, a class 12th student from Athena World School has her interest in the legal profession moreover white collar crimes and she aspire to pursue her career in the field of white collar crime.