The central intellectual property laws of India protect what the mind creates — inventions under the Patents Act, brands under the Trade Marks Act, expression under the Copyright Act, and designs, geographical indications and new plant varieties under their own statutes.
Intellectual property is exclusively a central subject. The modern framework was completed between 1999 and 2005 to meet India’s WTO obligations — the Trade Marks, GI, Designs and Semiconductor statutes of 1999–2000, and the Patents (Amendment) Act, 2005 that restored product patents including for medicines. The Copyright Act, 1957 governs everything from books to software.
This page lists the principal central statutes, what each covers, and links to authoritative texts. All acts here are central laws enacted by Parliament — state-enacted laws are covered separately.
Contents
The IP Statutes
| Act | What it covers |
|---|---|
| Patents Act, 1970 (39 of 1970) | Inventions: what is patentable, the term of protection, oppositions, compulsory licensing and the office of the Controller. Key amendment: Patents (Amendment) Act, 2005. |
| Trade Marks Act, 1999 (47 of 1999) | Registration and protection of trade marks and service marks, the well-known mark doctrine, and infringement and passing-off remedies. It replaced the Trade and Merchandise Marks Act, 1958. |
| Copyright Act, 1957 (14 of 1957) | Copyright in literary, dramatic, musical and artistic works, films and sound recordings; moral rights and copyright societies. Key amendment: Copyright (Amendment) Act, 2012. |
| Designs Act, 2000 (16 of 2000) | Registration of new or original industrial designs and the rights flowing from registration. It replaced the Designs Act, 1911. |
| Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999) | Registration and protection of geographical indications — regional names such as Darjeeling tea — and relief against false use. |
| Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001) | Plant-breeders’ rights over new varieties alongside farmers’ rights to save, use and exchange seed, with a benefit-sharing regime. |
| Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000) | Registration of layout-designs of semiconductor integrated circuits and protection against commercial exploitation. |
For the commercial contracts that exploit these rights, see our central civil and commercial laws library; for technology and data regulation, the constitutional and administrative laws library.
Frequently Asked Questions
How long does a patent last in India?
Twenty years from the date of filing the application, subject to renewal fees; a pharmaceutical product patent may face a compulsory licence after three years if the patent is worked inadequately.
Is a registered trade mark valid forever?
The registration lasts ten years and can be renewed indefinitely for further ten-year periods, provided it remains in use.
Does copyright protect ideas?
No — copyright protects the expression of an idea, not the idea itself; an idea must be developed into a protected work such as a book, code, drawing or film.
This page is a general library guide published for the Knowledge Centre and is not legal advice. For advice on a specific matter, please contact the firm.