Intellectual Property Rights can be broadly classified
1. Industrial Rights; and
The names are self - explanatory in nature and this classification has been made so as to make the protection of these rights similar for the entire bundle of rights, under one broad spectrum of classification and protection.
India is TRIPS compliant and in being so it has sui generis regimes for each of these rights.
Patent resides in products and processes which possess the elements of novelty, non-obviousness and utility. A prior disclosure of the product or process, other than for the purpose of experimentation and observation, stands to defeat the Prosecution of the Patent, thereby standing to be “Anticipated”, dismissing the element of Non Obviousness. more..
Trade Marks and Service Marks
Trade Marks or Service Marks act as a source indicator, with the distinctiveness they have inherent or have acquired, associating the goods and the services with the quality assured by the business. The Indian Law allows for protection to be extended to non-registered Trade Marks and Service Marks. more..
Copyrights and Neighboring Rights
Copyright is a unique kind of Intellectual Property which provides protection to the creative instincts of an individual by acknowledging his skills, originality and labor. Literary, Dramatic, Musical, Artistic are covered under its ambit along with the Performer’s Rights, Broadcasting Rights. more..
Protection subsists in articles which are original, and with no prior publications. A protection of copyright subsists in the articles under the provisions of the Statute. more..
Geographical Indications are source indicators like Trade Marks and Service Marks, where the geography of a region predominantly affects the characteristics of the goods; not undermining the traditional knowledge associated with it. The 1999 Indian Statute has some extraordinary protection accorded to classified goods like the TRIPS’ provisions for wine and spirits. more..
Layout Designs and Semiconductors
The layout designs of the integrated circuits seek protection under a different heading of the Intellectual Property Rights other than the Patent Law, because the individual works are not protectable subject matter. The very functional nature of the circuits renders these circuit designs to be of non-protectable nature in terms of Copyrights. Original works are protectable under this regime.
Plant Varieties and Farmers Rights
The Indian Statute gives protection for novel, distinct, uniform, and stable sexually reproduced plant varieties. Exclusive rights are extended to the Farmers and the Breeders.
The elements of conserving the biological diversity; sustainable use of its components; and, sharing of benefits have made it possible that the use of traditional biological resources and knowledge be accorded protection under the IP regime.
Domain Names are the virtual equivalents of Trade Marks and Services Marks as widely represented in the real, physical world. Registration of these with International Bodies stands as good title, and strong reliance is also placed on registered Trade or Service Marks for enforcing protection. more..