Beyond patents: trademarks, copyright, GIs, designs, plant varieties and traditional knowledge

Detail

Why "other IPRs" matter for trade

• Intellectual property right (IPR) means a legal right that the law gives to the creator or owner of something new made by the mind. For a fixed time, others cannot copy or use it without permission.
• The WTO's TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights, 1995) covers much more than patents. It also covers trademarks, copyright, industrial designs, trade secrets, layout-designs of chips and geographical indications.
• India changed or wrote most of its IP laws in 1999–2003 to meet TRIPS deadlines. That is why so many Acts in the table below are dated 1999–2001.

Other IPRs under Indian law — at a glance

Right	Protects	Indian law	Term
Trademark	A distinctive sign, word, logo or symbol that identifies one firm's goods or services	Trade Marks Act 1999	10 years, renewable indefinitely
Copyright	Original literary, artistic, musical, dramatic and cinematographic works, software, sound recordings	Copyright Act 1957	Author's life + 60 years (60 years from publication for films and sound recordings)
Industrial design	Ornamental or aesthetic features of a product's shape, pattern or configuration, not its function	Designs Act 2000	10 + 5 years
Trade secret	Confidential business information (formulas, processes, customer lists)	No statute; protected by contract and equity (breach of confidence)	Lasts as long as secrecy is kept
Layout-design of integrated circuits	The original 3-D arrangement of circuitry in a chip	SICLD Act 2000	10 years
Geographical indication	A sign for products whose quality or reputation comes from their place of origin	GI Act 1999	10 years, renewable

Trademark

• Trademark: a mark such as a word, logo, symbol or shape that tells buyers which firm made a product or gives a service. Examples are a brand name or a logo.
• Law: Trade Marks Act 1999.
• Term: 10 years, and it can be renewed forever in blocks of 10 years.

• Example: a mark registered in 2005 runs to 2015. Renewed, it runs to 2025, then 2035, and so on.

• It is the only major IPR that can last without end, as long as the owner keeps renewing it. A trade secret can also last without end, but only while it stays secret.

Copyright

• Copyright: the right to copy, publish, perform or adapt an original creative work.
• Covers: literary, artistic, musical, dramatic and cinematographic works, software and sound recordings.

• Software is protected as a literary work under copyright. It is not normally protected by a patent in India.

• Law: Copyright Act 1957. It is India's oldest IP law still in force. It was passed long before TRIPS.

• Term: author's life + 60 years. For films and sound recordings, it is 60 years from publication.
• Worked example: an author dies in 2000. The 60 years are counted from the next calendar year, 2001. The work stays in copyright until the end of 2060 and becomes free to use (public domain) from 1 January 2061.
• A film published in 2010 is protected until the end of 2070.

Industrial design

• Industrial design: the look of a product, meaning its shape, pattern, lines or colours. It is not how the product works.
• Example: the curved shape of a bottle or the pattern on a sari border.

• How a product works is a matter for patents, not designs.

• Law: Designs Act 2000.

• Term: 10 years + a one-time extension of 5 years, so 15 years at most.

Trade secret

• Trade secret: business information that has value because it is kept secret. Examples are a soft-drink formula, a production process or a customer list.
• India has no separate statute. Courts protect trade secrets through:
• contract, such as non-disclosure clauses in job contracts;

• equity, through the rule of breach of confidence (a person who receives secret information in trust must not misuse it).

• Term: there is no fixed term. Protection lasts as long as the secret is kept.

Layout-design of integrated circuits (SICLD Act 2000)

• Layout-design: the original 3-D arrangement of circuits inside a semiconductor chip.
• Law: Semiconductor Integrated Circuits Layout-Design (SICLD) Act 2000. Term: 10 years.
• The Act has new relevance with the India Semiconductor Mission. As India starts to design and make chips, firms will need to protect their chip layouts.

Geographical indication (GI)

• Geographical indication: a sign used on a product whose quality or fame comes from where it is made. Examples: Darjeeling Tea, Basmati, Alphonso mango.

• A GI belongs to the community or producers of a region, not to one firm. That is how it differs from a trademark.

• TRIPS protection has two levels:

• Art. 22 (general protection, all products): a GI must be protected so that the public is not misled and to stop unfair competition [9].
• Art. 23 (extra protection, only wines and spirits): these GIs must be protected even if the misuse would not mislead anyone [9].
  • Example: a label such as "Champagne-style" or "Scotch-type" is banned for a wine or spirit even when the true origin is printed. Under Art. 22, "Darjeeling-type tea" may be allowed if buyers are not misled.

• Art. 23.4 called for a multilateral register for wines. The Doha Ministerial Declaration (2001) extended this mandate to spirits [9].

• The extension debate:

• India, together with the EU and many developing countries, wants Art. 23-level protection extended to all products, such as basmati, Darjeeling tea and Alphonso mango.
• Opponents include the US, Australia, Canada, Argentina, Chile, New Zealand, the Philippines and others. They argue that Art. 22 protection is already enough [9].

• Members also disagree on whether the Doha Declaration even gives a mandate to negotiate extension [9].

• Indian law and machinery:

• The GI Act 1999 (Geographical Indications of Goods (Registration and Protection) Act) came into force in September 2003.
• The first Indian GI was Darjeeling Tea (2004-05).
• The GI Registry is in Chennai.

• Term: 10 years, renewable.

• Numbers (with year):

• 432 registered GIs (December 2022) [2].
• 605 GI tags (January 2025). The Commerce Minister set a target of 10,000 GI tags by 2030 and announced a committee to oversee it [3].
• 658 GI-tagged products (2025), including 214 handicraft and 104 handloom products [4].
• This fits the scaffold's line of "over 600 by 2025". Treat the latest figure as moving and check it before the exam.

Biodiversity-linked rights

Plant variety protection

• TRIPS Art. 27.3(b) lets members protect plant varieties by patents, by an effective sui generis system (a law made specially for this subject), or by both.
• India chose a sui generis law rather than joining UPOV 1991, the international convention that gives strong breeders' rights and limits farmers' use of seed.
• Law: PPV&FR Act 2001 (Protection of Plant Varieties and Farmers' Rights Act).

• The PPV&FR Authority has operated since 2005.

• A variety must meet the DUS test, plus novelty:

• Distinct: clearly different from known varieties.
• Uniform: plants of the variety look and behave alike.
• Stable: the traits stay the same after repeated sowing.

Farmers' rights (Section 39)

• Farmers may save, use, sow, re-sow, exchange, share and sell their farm produce, including seed of a protected variety.
• The one limit: they cannot sell it as branded seed, meaning packed and labelled under the breeder's registered name.
• The PepsiCo FL-2027 (Lay's potato) case:
• 2019: PepsiCo sued Gujarat farmers for growing its registered potato variety. It withdrew the cases after public protests.
• 2021: the PPV&FR Authority revoked the variety's registration.
• The revocation was then challenged in the Delhi High Court.
• Lesson: Section 39 shields small farmers, and India's sui generis choice has real effects in court.

Biopiracy

• Biopiracy: taking or patenting biological resources or traditional knowledge (TK) for profit without the consent of the holders and without sharing the benefits.
• Key cases:
• Turmeric: a US patent on turmeric for wound-healing was revoked by the USPTO in 1997 after CSIR challenged it. Indian texts showed the use was already known (prior art).
• Neem: a fungicide patent was revoked by the European Patent Office (EPO) in 2000, and the decision was upheld in 2005.

• Basmati: RiceTec got a US patent in 1997. Its key claims were withdrawn in 2001.

• India's answer, TKDL (2001):

• The Traditional Knowledge Digital Library is a CSIR–AYUSH database of traditional medicine knowledge, translated into languages that patent examiners read.
• It gives patent offices prior-art evidence, so they can reject bad applications before granting them. This is cheaper than fighting to revoke a patent later.

Access and benefit sharing (ABS)

• ABS: anyone who uses genetic resources, or the TK linked to them, must:
• get prior informed consent (PIC), meaning permission given in advance by people who fully understand what the use involves; and

• share benefits (money, royalties, technology) on mutually agreed terms (MAT).

• International basis: the CBD 1992 (Convention on Biological Diversity) and the Nagoya Protocol (2010, in force 2014).

• Indian law: the Biological Diversity Act 2002, amended in 2023.
• The amendment was passed by the Lok Sabha on 25 July 2023 and the Rajya Sabha on 1 August 2023. Its aims were to promote Indian systems of medicine and to decriminalise certain provisions [8].
• Decriminalisation: jail-based offences became money penalties of ₹1 lakh to ₹50 lakh. A continuing breach can attract up to ₹1 crore more. An adjudicating officer (at least Joint Secretary, Centre, or Secretary, State) decides the penalty [7].
• Eased rules: there is no need to inform the authorities in advance for (i) access to codified TK (TK written in recognised texts), (ii) cultivated medicinal plants, or (iii) use by AYUSH practitioners for their living [7].

• Users of codified TK and AYUSH practitioners are exempt from sharing benefits with local communities [7]. Critics say this weakens ABS.

• Three-tier institutions:

• National Biodiversity Authority (NBA), Chennai: handles foreign users and approves IPR applications that use Indian bio-resources.
• State Biodiversity Boards: handle Indian users.
• Biodiversity Management Committees (BMCs), at local body level: keep People's Biodiversity Registers.

WIPO Treaty on IP, Genetic Resources and Associated TK (2024)

• The treaty was adopted on 24 May 2024 in Geneva [5][6].
• Core rule: a mandatory patent disclosure requirement. Patent applicants must disclose the country of origin (or source) of the genetic resources and/or associated TK used in the invention [5]. This was a long-standing Indian demand.
• It encourages information systems (databases) of genetic resources and TK that patent offices can use. This is the same idea as India's TKDL [5].
• It is the first WIPO treaty on the IP–genetic resources–TK link, and the first WIPO treaty with provisions specifically for Indigenous Peoples and local communities [6].
• Entry into force: 3 months after 15 ratifications or accessions [5].
• In-built review: 4 years after entry into force. The review will consider extending disclosure to other IP rights and to derivatives (substances made from genetic resources) [5].

National IPR Policy 2016

• Slogan: "Creative India; Innovative India". It sets seven objectives, including IPR awareness, generation of IPRs, legal framework, administration, commercialisation, enforcement and human capital.
• Implemented through CIPAM (Cell for IPR Promotion and Management), under DPIIT (Department for Promotion of Industry and Internal Trade, Ministry of Commerce).
• It brought all the IPRs in this note under one policy umbrella. They are administered by the Office of the CGPDTM (Controller General of Patents, Designs and Trade Marks), which includes the GI Registry. Copyright and SICLD also came under DPIIT from 2016.

Prelims Hooks

• TRIPS Art. 23 gives extra GI protection only to wines and spirits. Art. 22 covers all products and bans only misleading use. Trap: "Art. 23 protects basmati" is false.
• First Indian GI: Darjeeling Tea (2004-05). The GI Registry is in Chennai. The GI Act 1999 came into force in September 2003.
• Copyright term: author's life + 60 years. For films and sound recordings, 60 years from publication. Software is protected by copyright as a literary work.
• Designs: 10 + 5 = 15 years at most. SICLD layout-designs: 10 years. Trademark: 10 years, renewable without limit.
• Trade secrets: there is no separate Indian statute. They are protected by contract and breach of confidence.
• Plant varieties: India chose sui generis (PPV&FR Act 2001) under TRIPS Art. 27.3(b), not UPOV 1991. The test is DUS (distinct, uniform, stable) plus novelty.
• Farmers' rights (s. 39): farmers may save, re-sow and even sell seed of protected varieties, but not as branded seed.
• Biopiracy pairs: turmeric → USPTO, 1997; neem → EPO, 2000 (upheld 2005); basmati → RiceTec, claims withdrawn 2001. TKDL (2001) is a CSIR–AYUSH database.
• Nagoya Protocol (ABS): adopted 2010, in force 2014. The NBA is in Chennai. The Biological Diversity (Amendment) Act 2023 replaced criminal offences with penalties of ₹1 lakh–₹50 lakh [7].
• WIPO GR-TK Treaty: adopted 24 May 2024. It requires patent disclosure of origin and enters into force after 15 ratifications [5].

Mains Points

• The GI extension fight is a North–South and Old World–New World split.
• The EU and India want Art. 23 protection for all products [9].
• The US, Australia and Latin American exporters oppose it, because their firms use European-origin names [9].

• For India, stronger GIs would protect export premiums on basmati, Darjeeling tea and handicrafts. The 10,000-GI-by-2030 target shows how GIs are becoming a tool for rural incomes and exports [3].

• India's sui generis PPV&FR Act balances breeders and farmers.

• Breeders get protection under the DUS test.
• Section 39 keeps the farmers' old right to save and sell seed.

• The PepsiCo FL-2027 case showed why India should resist UPOV 1991 clauses when it negotiates FTAs (free trade agreements).

• The fight against biopiracy has shifted from cure to prevention.

• Costly revocation battles (turmeric, neem, basmati) gave way to TKDL prior-art databases.
• Now the 2024 WIPO treaty makes disclosure of origin mandatory [5].

• India can push to extend disclosure to derivatives at the treaty's 4-year review [5].

• The 2023 amendment to the Biological Diversity Act is a trade-off.

• Decriminalisation and AYUSH exemptions improve ease of doing business and research [7].
• But exempting codified-TK users from benefit sharing may weaken the CBD/Nagoya promise of fair returns to local communities (GS-III environment and IPR; GS-II governance).