Intellectual Property Law protects creations of the mind, such as inventions, trademarks, artistic works, and proprietary information. These rights are governed by specific statutes and international principles adopted under Indian law.
This page outlines general legal aspects of intellectual property law.
Types of Intellectual Property
Trademarks
Trademarks protect brand identity, names, logos, and symbols used in commerce. Legal provisions govern registration, protection, and enforcement of trademark rights.
Copyright
Copyright law protects original literary, artistic, musical, and digital works. It grants creators exclusive rights over use and reproduction.
Patents & Designs
Patent law governs the protection of inventions, while design law protects the aesthetic aspects of products.
Legal Framework for IP Protection
Legal advisory in IP law commonly involves:
- Interpretation of statutory rights
- Understanding infringement and remedies
- Licensing and assignment documentation
- Compliance with registration procedures
Applicable Laws
- Trade Marks Act, 1999
- Copyright Act, 1957
- Patents Act, 1970
- Designs Act, 2000
Frequently Asked Questions (FAQs)
What is the difference between copyright and trademark?
Copyright protects original creative works, while trademarks protect brand identifiers such as names, logos, and symbols used in trade.
Is registration mandatory for IP protection?
Some IP rights, like copyright, arise automatically upon creation, while others, such as trademarks and patents, require registration for statutory protection.
What constitutes infringement of intellectual property?
Infringement occurs when protected intellectual property is used without authorization, in violation of statutory rights.
Can intellectual property be licensed or assigned?
Yes, IP rights may be licensed or assigned through legally valid agreements, subject to statutory provisions.