Overview of the legal framework

India's intellectual property legal framework is centred on protecting innovation outcomes and promoting industrial development.
The main IP statutes include:

• Patents Act, 1970 (as amended in 2005);

• Trade Marks Act, 1999;

• Designs Act, 2000;

• Copyright Act, 1957 (as amended in 2012);

• Geographical Indications of Goods Act, 1999;

• Semiconductor Integrated Circuits Layout-Design Act, 2000.

The competent administrative authority is CGPDTM, which operates a number of specialised offices responsible for the registration and administration of the respective rights.
India is also a member of WIPO and the TRIPS system, and a Contracting State to the PCT, Madrid and Hague systems, among other international treaties.

International filings and examination in India

India's standing in the international IP system has been steadily rising. The country is generally open to foreign applicants, but there are several points that require particular attention:

• High requirement for consistency of documents: if application documents (especially translations) do not correspond to the original, this may lead to requests for correction or even refusal.

• Examination timelines: patents on average take about 18–24 months; trade marks around 12–18 months.

• Digital services: most filing and opposition procedures can be handled online via the official CGPDTM website.

Key features of the trade mark system

Filing routes

• Applications may be filed directly with the Trade Marks Registry of India;

• India may also be designated via the Madrid System (Madrid Protocol).

Classification standard

• Uses the Nice Classification (Nice Classification);

• Multi-class applications are allowed.

Examination focus

• After formal examination, substantive examination focuses on distinctiveness, conflicts with prior rights and the likelihood of confusion among the public;

• The working language of examination is English or Hindi.

Use requirements and term of protection

• The registration term is 10 years and may be renewed indefinitely;

• If a mark is not used for a continuous period of five years, it may become vulnerable to cancellation for non-use.

Opposition and appeal

• Oppositions may be filed within 4 months from the date of publication;

• Appeals are (following the abolition of the IPAB) handled by the IP Division of the High Court, which has taken over the functions of the former Intellectual Property Appellate Board (IPAB).

Key features of the patent system

Term of protection

• 20 years from the filing date.

Examination system

• Full substantive examination system;

• A request for examination must be filed within 48 months from the filing date.

Types of patent applications

• Invention patent (Invention Patent);

• Provisional applications may be filed to secure priority (Provisional Application);

• There is no separate utility model system (Utility Model).

International routes

• India is a PCT Contracting State;

• National phase entry in India is possible via an international PCT application.

Patent publication and examination

• Applications are normally published 18 months after filing;

• An expedited examination mechanism (Expedited Examination) is available for certain categories of applicants, such as women inventors, start-ups and applicants entering the national phase from a PCT application claiming priority.

Key features of the industrial design system

Legal basis

• Based on the Designs Act, 2000 and the Designs Rules, 2001.

Subject matter protected

• The shape, configuration, pattern or ornament applied to industrial products;

• Graphical user interfaces (GUIs) and packaging designs may also be protected under certain conditions.

Registration and term of protection

• Protection lasts for 10 years from the date of registration and may be extended once up to a maximum of 15 years;

• Designs must meet the requirements of novelty and originality.

Key features

• Electronic filing and online searches are supported;

• The examination period is relatively short (generally about 6–9 months).