Patents and trade marks are not the only rights a business owns. Software, content and drawings carry copyright, a product's look can be a registered design, regional products can carry a geographical indication, chip layouts have their own register, and know-how is protected by keeping it confidential. PRASA IP helps you decide which of these rights apply, register the ones that need registration and put the right contracts in place.
At a glance
- Copyright: software, text, artwork, drawings, photographs, music and films. Arises automatically; registration with the Copyright Office is optional. Generally lasts for the author's life plus 60 years.
- Industrial design: the shape, pattern, ornament or configuration of a product. Registered with the Designs Office. Lasts 10 years, extendable once by 5 years.
- Geographical indication: goods whose quality or reputation comes from their place of origin. Registered with the Geographical Indications Registry. Lasts 10 years and is renewable.
- Layout-design: the original layout of a semiconductor integrated circuit. Registered under the Semiconductor Integrated Circuits Layout-Design Act, 2000. Lasts 10 years.
- Trade secret: confidential business and technical information. No registration; protected by contracts and the law of confidence. Lasts as long as it stays confidential.
Copyright
Copyright support includes registration and advisory work relating to software, source code, written material, artwork, technical documentation, websites and other eligible original works. We also assist with ownership review, assignments, licences and infringement-related questions. See why businesses need copyright protection.
Under the Copyright Act, 1957, copyright arises when an original work is created, so registration is not required for protection. Registration is still useful: the entry in the Register of Copyrights is treated as prima facie evidence of the particulars recorded, which helps when ownership is disputed or when you enforce. For businesses the more common problem is ownership. Work made by contractors, agencies and freelancers does not automatically belong to the company that paid for it, so written assignments matter. Read our note on copyright in a logo for an example.
Industrial designs
Industrial design registration protects eligible visual features of an article rather than its technical operation. Services include registrability review, representation and classification of the article, drawings or photographs review, filing, prosecution, renewal and portfolio coordination. Our guide to industrial design registration in India explains the process and the term, and our note on design protection for brands covers why it matters.
Under the Designs Act, 2000 a design must be new or original and must not have been published before the filing or priority date, so the application should be filed before a product launch, exhibition or online listing. Screens, icons and graphical user interfaces raise their own questions; see our note on GUI and icon design registration.
Geographical indications
Geographical-indication matters may involve assessing the connection between goods and their geographic origin, defining the relevant territory and product characteristics, preparing supporting material and coordinating registration and authorised-user requirements.
Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, an application is made by an association of producers or an organisation or authority representing their interests, not by a single business. Individual producers then register as authorised users. Registration lasts ten years and can be renewed. Darjeeling tea and Mysore silk are well-known registered examples.
Semiconductor integrated-circuit layout-designs
PRASA IP supports registration strategy and documentation for qualifying semiconductor integrated-circuit layout-designs. The work may include ownership and originality review, representation requirements, filing documentation and coordination with related patent, copyright, design and trade-secret strategies.
The Semiconductor Integrated Circuits Layout-Design Act, 2000 protects layout-designs that are original, distinctive and capable of being distinguished from other layout-designs. Protection lasts ten years. Commercial exploitation before filing affects eligibility, so chip design teams should consider filing early alongside any patent applications for the circuit's function.
Trade secrets and confidential know-how
Not every commercially valuable development should be disclosed in a patent application. Trade-secret support includes identification of confidential assets, access and disclosure controls, confidentiality provisions, employee and contractor arrangements and coordination with patent-filing decisions. See implementing trade secret protection.
India has no dedicated trade secrets statute. Protection depends on confidentiality agreements, employment and contractor terms, and the general law of breach of confidence, so the documents and access controls have to be in place before information is shared. Restrictions on working for a competitor after employment ends are generally difficult to enforce in India, which makes clear confidentiality obligations more important.
Choosing the appropriate right
A product or business may involve several rights at the same time. For example, a patent for technical operation, a design registration for appearance, copyright in software or drawings, a trademark for the brand and trade-secret controls for undisclosed know-how. We help structure these rights as a connected portfolio. Our guide to the types of intellectual property compares them in more detail.
How a matter runs
- Identify the asset. We review what you have made or plan to launch and which rights could apply.
- Check ownership. We confirm who created the work and whether assignments from employees, contractors or agencies are needed.
- Register what needs registering. We prepare and file design, copyright, geographical indication or layout-design applications and handle office objections.
- Put contracts in place. We draft confidentiality, assignment and licence terms for rights that depend on agreements.
- Keep the portfolio current. We track renewals and review the portfolio as the product changes.
Common questions
Do I need to register copyright in India?
No. Copyright arises automatically when an original work is created. Registration is optional but gives you evidence of the recorded particulars, which helps if ownership is challenged.
Can one product have a design registration and a patent?
Yes. A design registration covers how the product looks and a patent covers how it works. Many hardware products benefit from both.
Who can apply for a geographical indication?
An association of producers, or an organisation or authority representing their interests. Individual producers then apply to be registered as authorised users.
How do I protect know-how that I do not want to patent?
Keep it confidential and make sure everyone who receives it is bound by written confidentiality terms. Limit access, label confidential material and record what was shared and with whom.
This page is general information, not legal advice. The right approach depends on the facts of each matter.