IPR Notes for LLB Students: Intellectual Property Law Basics

Intellectual Property Rights (IPR) is an increasingly important elective/core paper in Indian LL.B. courses. These notes cover patents, copyright and trademarks at the level typically examined.

Patents (Patents Act, 1970)

A patent protects a new, non-obvious invention capable of industrial application, for 20 years from the filing date (Section 53). Section 3 lists non-patentable subject matter, including Section 3(k) — a computer programme “per se” is not patentable, a provision frequently tested and litigated (software must show a technical effect/hardware integration to qualify).

Copyright (Copyright Act, 1957)

Copyright protects original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Protection for literary/artistic works generally lasts the author’s lifetime plus 60 years (Section 22). Copyright exists automatically on creation and fixation — no registration is required, though registration provides evidentiary benefit. Fair dealing exceptions (Section 52) permit limited use for research, criticism, review and teaching.

Trademarks (Trade Marks Act, 1999)

A trademark distinguishes goods/services of one undertaking from another; registration (initially for 10 years, renewable indefinitely) gives the proprietor exclusive rights and a statutory infringement remedy under Section 29, in addition to the common-law remedy of passing off available even to unregistered marks.

Designs (Designs Act, 2000) and Geographical Indications

Industrial designs (shape, pattern, ornamentation applied to an article) are protected for 10 years, extendable by 5 years, under the Designs Act, 2000. The Geographical Indications of Goods (Registration and Protection) Act, 1999 protects products originating from a specific geographical location with qualities attributable to that origin (e.g., Darjeeling tea, Banarasi sarees).

Key exam questions to prepare

• What is excluded from patentability under Section 3 of the Patents Act, with focus on Section 3(k)?
• Distinguish copyright infringement from fair dealing under Section 52.
• Difference between trademark infringement and passing off.

More: all LL.B. subject notes