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

Surya Pharma wants to export a product made by a method it developed and also to protect a distinctive brand. A consultant lists proposals. Which one is correct under the Indian IP framework?

The process may be patented under the Patents Act if it satisfies patentability requirements, and the brand is separately registered as a trade mark under the Trade Marks Act. Each statute protects a different subject matter and needs its own application.

  1. AA process can be protected by a patent if it meets patentability criteria, while the brand name is protected as a trade mark under a separate statute with separate registrationCorrect
  2. BOne patent registration automatically protects both the process and the brand
  3. CThe brand name is protected under the Patents Act, and the process under the Trade Marks Act
  4. DNeither is protectable in India without a court decree

Explanation

Indian IP statutes are distinct: the Patents Act covers inventions including processes, and the Trade Marks Act covers marks. Each needs its own application. Hence a patent cannot cover the brand, and the statutes are not swapped, nor is a court decree a prerequisite.

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