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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

A Chennai firm holds a patent granted in India for a water filter. It argues that the patent also stops a Nepal-based company from making the same filter in Nepal. What is the correct position based on the territorial nature of IP rights?

Intellectual property rights are territorial, so an Indian patent is enforceable only in India. To stop manufacture in Nepal, the firm needs protection in Nepal through a separate application or a relevant international filing route; the Indian grant alone does not extend abroad.

  1. AIndian patent protection automatically extends worldwide
  2. BThe Indian patent is enforceable within India only; protection abroad needs rights in that country or under applicable international arrangementsCorrect
  3. CThe patent extends to all neighbouring countries automatically
  4. DThe patent applies abroad only if the product is exported from India

Explanation

IP rights are territorial: they are granted under national law and operate within that territory. Protection elsewhere requires separate filing in those countries, possibly through international systems such as the PCT. Option A ignores territoriality.

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