Authored By: Prakash Kumar
Central University of Haryana
Introduction
Intellectual Property (IP) refers to original creations of the human mind. These include artistic works, inventions, symbols, names, images, literary content, and designs used in commerce or industry. In agriculture, plant variety protection grants rights to breeders who develop new plant varieties that are distinct, novel, and stable. Another important form of IPR is industrial designs, which secure the visual or ornamental aspects of products, such as the Coca-Cola bottle design or textile patterns.
Unlike physical property, intellectual property is intangible, but its economic value is often immense. Intellectual property allows all the creators to gain recognition or financial benefit from what they invent or create. Its primary objective is to encourage innovation, creativity, and fair competition by granting creators exclusive rights over their work for a limited period. By doing so, society benefits from new technologies, artistic expressions, and distinctive goods and services, while creators are rewarded and incentivized to continue producing original work.
Need for Intellectual Property Rights (IPR):-
Intellectual Property Rights are legal protections granted to creators and inventors to exclusively use their creations for a certain period. These rights empower them to control, sell, license, or stop others from using their IP without permission. It provides recognition and reward to inventors and artists, Writers, and entrepreneurs, also motivating individuals and organizations to invest time, money, and effort in developing new technologies, designs, brands, and artistic works.
Legal framework:-
Here are the major types of IPR:-
- Copyright
Purpose: Protects original literary, artistic, musical, and dramatic works, including computer programs and films. It gives creators the right to reproduce, publish, adapt, and distribute their work. In the digital age, AI-generated content, copyright law have become more crucial than ever to protect both individual artists and corporate investments. Governed by the Copyright Act, 1957 (amended in 2012). India is also a signatory to international conventions like the Berne Convention and the TRIPS Agreement.
Examples: Books, poems, movies, songs, photographs, websites, architectural designs.
Rights Granted: Reproduction, Distribution, Public performance/display, Creation of derivative works
Duration: Lifetime of the author + 60 years (in India).
Key Point: Copyright does not protect ideas, only the expression of ideas.
- Trademark
Purpose: Protects brand identity—symbols, words, phrases, or designs that distinguish products or services. They prevent counterfeit goods, ensuring quality, safety, and authenticity. They help consumers identify and trust brands.
Examples: Logos, brand names, slogans, packaging.
Rights Granted: Exclusive rights related to use that mark, right related to license the mark, right related to prevent others from using confusingly or similarly marked goods.
Duration: 10 years, renewable indefinitely every 10 years.
Key Point: Trademarks build consumer trust and brand loyalty.
- Patent
Purpose: Protects inventions or innovations that are new, non-obvious, and capable of industrial application. Patents ensure that inventors can profit from their work before it enters the public domain.
Examples: New drugs, technological gadgets, and manufacturing processes.
Rights Granted: Exclusive rights to make, use, sell, or license the invention; Right to prevent others from making or using the invention
Duration: 20 years from the date of filing.
Key Point: The invention must be disclosed publicly in return for protection.
- Design
Purpose: Protects the aesthetic appearance or visual design of a product, such as shape, configuration, surface pattern, or color combination. They encourage creativity and product appeal.
Examples: The shape of a bottle, a unique smartphone layout.
Rights Granted: Right to prevent others from copying or imitating the design; Right to license or sell the design
Duration: 10 years, extendable by 5 more years.
Key Point: It focuses purely on visual appeal, not utility.
- Geographical Indications (GI)
Purpose: It protects products that have a particular geographical origin and possess qualities or a reputation due to that particular origin. They help preserve cultural heritage and promote the rural economy
Examples: Darjeeling Tea, Mysore Silk.
Rights Granted: Legal protection against unauthorized use; Prevents unfair competition
Duration: 10 years, renewable.
Key Point: GI is often linked to traditional knowledge or community-based heritage.
- Trade Secrets
Purpose: Protects confidential business information that gives a competitive advantage, such as formulas, processes, methods, or client lists. Unlike patents, they are not registered formally but are protected through contracts and confidentiality agreements.
Examples: Recipes, manufacturing processes, marketing strategies.
Rights Granted: No registration required; Protection exists as long as the secret is maintained
Duration: Indefinite, until the information becomes public.
Key Point: Protection depends on maintaining secrecy.
Why are IPRs important?
- Encourage Innovation and Creativity
- Economic Growth
- Commercial Advantage
- Consumer Trust and Quality
- Cultural and Artistic Development
Judicial Interpretation and Recent Developments:-
Landmark Indian Case Laws on IPR:-
Case 1. Prada v. Pradeep
Citation: Prada S.A. v. Pradeep Kothari & Ors., Delhi High Court
Facts:
The Italian luxury fashion house Prada discovered that an Indian shoe seller was using the name “Pradeep” with stylized branding similar to Prada. Packaging, font, and overall aesthetics mimicked Prada’s identity.
Legal Issues:
• Whether ‘Pradeep’ was deceptively similar to ‘Prada’?
• Whether such usage diluted the international brand’s reputation?
Judgment:
The Delhi High Court issued an injunction, ruling in favor of Prada. The Court held that the use of ‘Pradeep’ in this fashion was intended to mislead consumers and ride on Prada’s goodwill.
Case 2. Burger King Corporation v. Burger King (Pune)
Citation: Burger King Corporation v. Ranjan Gupta & Ors., CS(COMM) 229/2018, Delhi High Court
Facts:
A Pune-based food joint used the name ‘Burger King’ before the American giant entered the Indian market. When the global Burger King tried to assert trademark rights, a dispute arose.
Legal Issues:
• Whether the Pune outlet had prior use rights?
• Could both parties coexist?
Judgment:
The Pune outlet was allowed to retain the name locally but restricted from expanding. Burger King Corporation retained exclusive rights elsewhere in India.
Case 3. Veerji Malai Chaap Waale Case
Citation: Veer Ji Chaap Wale v. Veer Ji Malai Chaap Wale,
CS(COMM) 717/2022, Delhi High Court
Facts:
A popular vegetarian food chain, ‘Veerji Malai Chaap Waale’, found that a competitor had copied their name, menu style, signage, and uniforms.
Legal Issues:
• Was there a passing off?
• Did trade dress infringement occur?
Judgment:
The court granted an interim injunction in favor of the original Veerji chain. The copied elements were found to be misleading consumers.
Case 4. Bikaji Foods International Ltd. v. Bikaji Bhujiawala
Citation: Bikaji Foods International Ltd. v. Bikaji Bhujiawala & Ors., (2005) 33 PTC 681 (SC)
Facts:
A family member of the established ‘Bikaji’ brand began selling similar snacks using the same name.
Legal Issues:
• Do family relations permit brand use?
• Can goodwill override familial rights?
Judgment:
The Court ruled in favor of the party with established goodwill, emphasizing that business reputation is distinct from family origin.
Case 5. Adidas v. Addidas / Adibas / Abidas
Citation: Adidas AG v. Adibas Sports Pvt. Ltd, CS(COMM) 582/2018, Delhi High Court
Facts:
Several Indian businesses used variants of the Adidas brand like ‘Adibas’ or ‘Abidas’ with similar logos and stripes.
Legal Issues:
• Whether spelling variations cause infringement?
• Impact of phonetic and visual similarity?
Judgment:
Courts ruled in favor of Adidas, recognizing these as deliberate attempts to confuse customers.
Case 6. ANI Media Pvt. Ltd. v. OpenAI Inc. & Anr.
Citation: CS(COMM) 652/2024, Delhi High Court
Facts:
ANI alleged that OpenAI (ChatGPT) was using ANI’s copyrighted news content without permission for training and generating outputs, thereby infringing copyright.
Legal Issues:
- Does using copyrighted content to train AI models amount to infringement?
- Can AI outputs reproducing news articles violate copyright law?
Judgment:
The Court admitted the case and issued notices to OpenAI, holding that, prima facie, the claims involved serious copyright concerns in the AI context. The matter is ongoing, but interim reliefs highlight judicial recognition of AI-copyright conflicts.
Way Forward:-
How to Protect Intellectual Property?
- Registration: Patents, trademarks, designs, and GIs must be registered with the respective IP offices.
- Contracts and Licensing: Use NDAs and license agreements.
- Monitoring and Enforcement: Watch for infringement and take legal action when necessary.
Conclusion
Intellectual Property Rights are essential tools to protect creativity, encourage innovation, and drive economic development. Whether you’re an artist, a tech entrepreneur, a designer, or a business owner, understanding IPR enables you to safeguard your original work and gain fair commercial returns. IPR fosters an environment where individuals and companies are motivated to innovate without fear of exploitation. It safeguards traditional knowledge, folklore, regional products, and creative works, ensuring that heritage is preserved for future generations and From a consumer perspective, it builds trust in goods and services, protects against counterfeiting, and ensures safety and quality.
In a world where knowledge is power and innovation is currency, IPR serves as the legal foundation to own, protect, and profit from the power of ideas. They reward creativity and innovation by granting exclusive rights, while at the same time ensuring that inventions and works eventually enter the public domain for the benefit of society.
In essence, IPR serves as a bridge between innovation and public good. It provides balance-on one hand, granting private rights to inventors and creators, and on the other, ensuring that knowledge ultimately benefits society.
Reference(S):-
- K. Ahuja, Law Relating to Intellectual Property Rights in India (LexisNexis, 3rd Edition, 2022);
- Narayanan, P. Intellectual Property Law (Eastern Law House, Latest Edition);
- Intellectual Property India (Controller General of Patents, Designs & Trade Marks) – https://ipindia.gov.in;
