Introduction to Intellectual Property: formula sheet

Key formulas

Meaning of IP

IP = legal rights over creations of the mind

Use this as your opening line in any definition question.

Core characteristics

Intangible + exclusive right + territorial + (mostly) limited term + transferable

Write each as a separate point with a one-line reason. Trademarks can be renewed, so do not say all IP expires.

Tangible vs IP test

Tangible property = physical object; IP = right over the creation embodied in it

Ownership of the object does not carry ownership of the IP in it.

Main types

Patents, Trademarks, Copyright, Designs, GIs, Trade secrets, Layout-designs, Plant varieties

Name the type and the subject matter it protects.

Labour theory (Locke)

Labour + unowned resource → property right, subject to enough and as good left for others

Justifies IP as a reward for effort. The proviso protects the public domain.

Utilitarian theory

Temporary exclusive right → incentive to create → greater public benefit

Explains limited terms, disclosure in patents and exceptions.

Personality theory

Creation = extension of the creator's personality → protect integrity and attribution

Basis of moral rights. Associated with Kant and Hegel.

Social planning theory

IP rights = tools to achieve a just and culturally rich society

Supports limits such as compulsory licensing and public interest exceptions.

Paris Convention, 1883

National treatment + right of priority + common rules, for industrial property

Priority period: 12 months for patents and utility models, 6 months for industrial designs and trademarks.

Berne Convention, 1886

National treatment + automatic protection + minimum standards, for copyright

Protection does not depend on registration or formalities. General minimum term is life of the author plus 50 years.

WIPO

Established by the 1967 Stockholm Convention; UN specialised agency since 1974; based in Geneva

Administers IP treaties, promotes cooperation and offers global registration services.

TRIPS Agreement

Part of the WTO Agreement; in force 1 January 1995; minimum standards + enforcement + WTO dispute settlement

Members may give more protection than required, but not less.

TRIPS core principles

National treatment + Most-Favoured-Nation (MFN) treatment

MFN is new to IP in TRIPS. Paris and Berne do not have it.

Evolution sequence

Privileges → national statutes → Paris/Berne → WIPO → TRIPS

Use it as a skeleton for any history question.

Statute-to-right map

Patents Act, 1970 → inventions | Trade Marks Act, 1999 → marks | Copyright Act, 1957 → works | Designs Act, 2000 → design | GI Act, 1999 → geographical indications

Add the Semiconductor ICs Layout-Design Act, 2000, PPVFR Act, 2001 and Biological Diversity Act, 2002 for completeness.

Seven objectives of National IPR Policy 2016

Awareness → Generation → Legal framework → Administration → Commercialisation → Enforcement → Human capital

Learn them in this order. Examiners often ask for all seven with one line each.

Administrative structure

DPIIT (nodal) → CGPDTM → Patent Office, Trade Marks Registry, Designs Office, GI Registry

The Copyright Office, PPV&FR Authority and Layout-Design Registry are separate bodies.

Trade secrets rule

No dedicated Indian statute → contract, equity, common law confidence

Do not cite a trade secrets Act in an answer.

Patent term

20 years from the date of filing the application

Applies to patents under the Patents Act, 1970. Count from filing date, not grant date. Renewal fees must be paid to keep it alive.

Trademark term

10 years from registration, renewable for 10 years at a time

Can be renewed indefinitely, so a trademark can last as long as it is used and renewed.

Copyright term (literary, dramatic, musical, artistic works)

Author's life + 60 years, counted from the beginning of the calendar year after the author's death

Other categories such as cinematograph films, sound recordings and photographs run for 60 years from the year of publication.

Design term

10 years from registration, extendable by 5 years (maximum 15 years)

Under the Designs Act, 2000. The extension needs an application and fee before the first term ends.

GI term

10 years from registration, renewable for 10 years at a time

A GI is a collective right. Registered proprietors and authorised users are recorded in the register.

Trade secret term

No fixed term; lasts while the information stays confidential

Once it becomes public, protection is lost.

Registration requirement

Registration needed: patent, design, GI. Optional: trademark, copyright. Not available: trade secret

Use this as a quick sorting rule in comparison answers.

Quick revision

• Intellectual property is a set of legal rights over creations of the mind.
• IP is intangible, but the rights over it work like property rights.
• IP rights are generally territorial: protection depends on the law of each country.
• Most IP rights give exclusive rights for a limited period, with some exceptions such as trade marks, which can be renewed.
• Know the main theories: natural rights, utilitarian or incentive, and personality-based ideas.
• Be able to say in one line why each theory supports IP protection.
• International instruments exist to set minimum standards and reduce friction between countries.
• Match each major right to what it protects: invention, creative work, brand, design, regional product.
• Know which Indian Act governs each right and which office administers it.
• In a case question, identify the right first, then apply the Act's conditions to the facts.
• Write answers in order: provision, analysis of facts, conclusion.

Common mistakes

• Treating the physical item as the IP Fix: Always separate the object from the right in it. Buying a book or software disc does not give copyright.
• Saying all IP rights last forever or all expire Fix: Say most rights are for a limited term, but some, like trademarks, can be renewed. Trade secrets last as long as confidentiality is kept.
• Treating Locke's theory as only about ownership and ignoring the proviso. Fix: Always add that enough and as good must remain for others, which links to the public domain.
• Mixing up the utilitarian and labour theories. Fix: Labour theory looks at the creator's deserving through effort. Utilitarian theory looks at society's benefit through incentives.
• Saying Paris covers copyright and Berne covers patents. Fix: Remember P for Paris and Patents, B for Berne and Books.
• Treating WIPO and WTO as the same body. Fix: WIPO is a UN agency that administers IP treaties. WTO is the trade body that administers TRIPS and settles disputes.
• Treating the National IPR Policy 2016 as a statute. Fix: Write that it is a Cabinet-approved policy that guides reform and administration, while rights arise only under the Acts.
• Listing fewer than seven objectives or mixing up their names. Fix: Use the ordered chain: awareness, generation, legal framework, administration, commercialisation, enforcement, human capital.
• Saying a patent lasts 20 years from the date of grant. Fix: Write that the term runs from the date of filing. Grant usually comes later, so effective life is shorter.
• Saying copyright protects ideas. Fix: Say copyright protects the original expression of an idea, not the idea itself. Ideas and methods can fall under patents if they meet patent conditions.

Exam tips

• Start every answer with a one-line definition. It secures easy marks.
• For 'nature' questions, give 5 short, reasoned points rather than one long paragraph.
• In comparison questions, use point-wise contrast on nature, use, duration and protection.
• In case-based questions, separate the object from the right before concluding.
• Do not cite section numbers here. This topic is conceptual, so clear reasoning scores better.
• Name the thinker or school with each theory, such as Locke for labour and Kant and Hegel for personality.
• Always tie each theory to a legal feature. Examiners reward application over memorised definitions.
• In compare questions, use a short list or two-column style of points within paragraphs and end with a concluding line.