What do you need to know about Intellectual Property Rights in India?

Intellectual Property Rights
Real Estate » What do you need to know about Intellectual Property Rights in India?

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Intellectual property rights (IPR) is a form of protection that is granted to an individual or entity by law to protect their inventions, discoveries and other intangible assets. The management of the forms of intellectual property rights has been evolving over time as more countries have adopted laws dealing with them. India has enacted its own IPR laws for protecting these forms of intellectual capital which enables individuals to register their brands online through their website domain names.

In this article, we’ll go over everything you need to know about Intellectual Property Rights in India.

What Is Intellectual Property?

Intellectual property (IP) is a legal term that refers to creations of the mind, such as inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

The term “intellectual property rights” (IPR) refers to the legal privileges granted to the inventor or creator to safeguard their work for a predetermined amount of time. These legal rights allow the inventor or creator, or his assignee, the only right to fully exploit their idea or creativity for a specific amount of time.

IP is protected by law and the owner has exclusive rights to it. These rights give the owner the ability to control how the IP is used and to receive payment for its use.

What are intellectual property rights in India?

When it comes to intellectual property rights in India, it’s important to be aware of your rights as a creator or inventor. The Indian Constitution grants all citizens the right to “life, liberty, and the pursuit of happiness.”

This includes the right to own and protect your creations. You have the right to use, sell, or licence them as you see them. You can even give them away if you want. The key is that you are in control.

But it’s not always easy to enforce these rights. That’s why it’s important to understand the basics of intellectual property law in India. This way, you can protect yourself from infringement and make sure that your hard work is rewarded.

Also Read: Your Step-by-Step Guide to Intellectual Property Rights

Intellectual property rights in the Indian Constitution

Intellectual property rights in India are provided for by the Constitution of India. Article 39A of the Indian Constitution states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The Designs Act 2000 provides for protection against infringement of designs registered with it by an applicant who has been granted a patent or registered under Section 3(2) of this Act.

The Patents Act 1970, provides for protection against the infringement of patents by an applicant who has been granted a patent or registered under Section 3(1) of this Act.

Copyright law in India is governed by The Indian Copyright Act 1957. Section 2(1) of the Copyright Act, 1957 provides that copyright subsists in literary, artistic and scientific works including films and sound recordings. It was amended in 2012. The act defines copyright as an exclusive right to reproduce or authorise others to reproduce a work in any material form.

What Are the Different Types of Intellectual Property?

Types of intellectual property rights protect a person’s creative work or inventions. It includes patents, trademarks and copyrights.

When it comes to intellectual property, there are four types of rights: copyright, trademarks, patents and geographical indications: –

  • Patents Patents are granted for new inventions and protect the inventor’s right to profit from their invention for a limited period of time. It provides protection against others making, selling or importing certain goods/processes that infringe on their patent rights under Indian law.


This protects inventions for a limited period of time after which they lapse if not used commercially. The duration extends up to 20 years from the filing date (from the priority date) but may be extended further depending on whether there is an innovation involved in your invention with commercial value beyond what was originally claimed by you during the filing process itself.


  • Trademarks – Trademarks can be any name, mark, or logo used in business to identify the maker or supplier of a good or service and to identify products. They’re used to distinguish one company’s products from another. The purpose of a trademark is to prevent consumer confusion. This protects names or symbols such as “Apple” or “Google” as well as logos.


You may purchase, sell, and licence trademarks. A trademark is only as good as the reputation of the commodity or service it represents. Trade-related intellectual property rights need to be protected, and the Indian government is doing their best to protect the hard work of the creator. 


  • Copyright – Protects original literary works (literary works include written material such as books, pamphlets, magazines newspapers etc.) published anywhere within India including websites operated by individuals themselves but also those operated by corporate bodies like advertising agencies, newspapers, magazines, television channels, radio stations etc.


Copyright is the right to copy, reproduce, distribute, and perform the work. It protects original expression in any form. A copyright owner has the exclusive right to publish, sell, or licence their work.


Copyright pertains to the expression of ideas in tangible form and includes computer software, audio recordings, and literary, musical, dramatic, and aesthetic works


  • Geographical Indications (GI) – These label products are made using ingredients grown within designated zones belonging to specific regions across India such as Darjeeling tea, Goa wines etc. These GIs are regulated by the Registrar of Trademarks, Patents and Designs under the Ministry of Commerce & Industry.


Geographical indications are indicators that place a good’s quality, reputation, or other attributes primarily due to its geographic origin in the country’s territory or a specific region or locality within that territory.

How Is Intellectual Property Protected in India?

Intellectual property rights are the most important form of property. They are intangible assets, which means that they cannot be seen with the eyes but can be felt through the skin or heard with a sound. The main purpose of intellectual property protection is to safeguard these intangible assets from any infringement by others and maintain their value in the market.

How do I protect my Intellectual Property?

Hire the best patent attorney in India in order to protect your intellectual property. So, you know that you need to protect your intellectual property, but what exactly does that mean? Well, in India, there are a few different ways to do this.

  • The first is through trademarks. A trademark can be a word, phrase, symbol or design that’s used to identify the source of a product or service. And the great thing about trademarks is that they’re exclusive—no one else can use them without your permission. To protect your trademark, you can also contact a trademark protection lawyer.
  • Another way to protect your intellectual property is through copyrights. This applies to any original work that’s been created by an artist, author, musician or filmmaker.

The key thing to remember is that copyrights cover the expression of an idea, not the idea itself. So, you can’t copyright a recipe, for example, but you can copyright the way in which it’s written down.

  • Patents are another way to protect your intellectual property. This applies to inventions and can be useful for things like new software designs or medical procedures. The key thing to remember with patents is that they need to be novel, useful and non-obvious.

There are many ways through which you could get your own patent filed at appropriate government offices like the Central Office of Indian Patent Office (COIPO) or Regional Offices across India where it takes less than three months to process an application based on its complexity level which ranges between class 10-1st Class and class 10-2nd Class depending upon whether your invention falls under either one category or both categories respectively. Once approved after a thorough examination process COIPO will issue Letters of Patent against them which act as legal proof that a certain invention has been patented under government jurisdiction thereby preventing unauthorised use thereof without consent from the owner(s).

How is Intellectual Property Protected in India?

  • IP rights can be protected under various laws of India like the Patents Act 1970, Designs Act 2006 and Trade Marks Act 1994.
  • Intellectual property rights are also protected by court proceedings where you can file a suit against someone who has infringed upon your work and demand damages for this infringement as well as costs involved in bringing such a suit before the court.

However, the laws of India are not very clear when it comes to protecting your intellectual property rights. There is no specific law which provides for the protection of inventions or innovations in India. In fact, there is no provision for patent protection under Indian laws; only copyright and design protection are available.

The only way to protect your intellectual property rights in India is through filing for patent protection abroad and obtaining a corresponding patent. This way, you will be able to prevent others from using your invention without your permission. You can also apply for international design protection under the Paris Convention for the Protection of Industrial Property (1883).

What Are Some Common Mistakes People Make When It Comes to Intellectual Property?

You might be surprised to know that a lot of people don’t really understand intellectual property law. And this can lead to some big misunderstandings when it comes to sharing ideas and products.

Here are some common mistakes people make when it comes to intellectual property:

  1. Not registering their trademark or patent.
  2. Failing to protect their ideas by keeping them confidential.
  3. Not understanding the difference between copyright and trademark infringement.
  4. Thinking that they don’t need a lawyer to help them with their intellectual property rights.
  5. Not doing their research before starting a business.


The right of protecting intellectual property is a fundamental right of every Indian citizen. The government of India has taken several steps towards protecting these rights and promoting innovation among businesses in the country. This includes creating an Intellectual Property Cell in the Department of Industrial Policy and Promotion (DIPP) in 2011, providing protection against unfair competition through patent laws such as Section 2(f) of the Indian Patent Act, 1970.

Also Read: Lex Solutions – Your One Stop Destination for All Things Legal

To protect your creativity and innovative ideas, you can take the help of Lex Solutions which can help you to register your logo, trademarks, patents and all. It is a noted legal firm in Chandigarh and has a team of experts that can help you in every possible way. So to learn more about them, please visit their official website.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

  • Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
  • Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
  • Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.


  • Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

  • Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located. 

  • When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.