Basics of the Intellectual Property Law in India

Published On: May 10, 2021Last Updated: May 10, 20214.2 min read


The background to intellectual property (IP) can be traced to the development of immense knowledge-based or knowledge-intensive industries where the foundation or the assets of the company relies on the idea, an idea which is expressed and the idea which has been brought in place by the inventor or promoter or creator. Here, it becomes crucial that you should apply for logo registration in India at the earliest to protect your product or brand.

This advancement in the knowledge-based industries is not a recent phenomenon. It can be traced back to Walt Disney’s intellectual property (IP) of creating the Mickey Mouse cartoon or Nicola Tesla’s intellectual property of the particular inventions made in the engineering field.

Defining the Intellectual Property (IP)

Intellectual property is referred to as an IP. A property that is created as a result of an individual’s intellect. An invention of his/her mind or exertion of his/her mental faculties.

Why is it so relevant nowadays?

It is predominantly relevant nowadays to most of the businesses and entities that have initiated something or have created something from scratch due to their intellection property (IP). They would indeed intend to safeguard it in a way to have a prerogative over it, to restrict others from using it without authoritative prior approval from the owner.

What are some of the types of Intellectual Iroperty ?

There are several types of intellectual property (IP) ranging from;


It safeguards a mark or a slogan or a name that assists a business or a trader differentiate his/her business by that of other businesses in the same industry. It could be phrases, words, designs, or symbols. Some of the examples are given below;

Looking to get started with a new brand?
Choose Trademark Registration by Professionals.

– Differently ahead.

– Bajaj.

– Bajaj logo.

– Humara Bajaj.

– Pulsar.

All of these will be registered separately under the slogan, name, product name, phrase, design and logo, respectively.

Usually, trademark registration takes up to 18 months before you can use the ® symbol once you obtain the approval. But you can use the ™ symbol instantly on the submission of the trademark application. That’s why you can safeguard your work from day one.


A patent is an invention that means a particular solution to a specific technological problem, and it could be a process or a product.

Like every other invention, any design or machinery or process or chemical can be patented. The light bulb, iPhone design, design of MI power bank, the telephone are all examples of the products that have been patented.

A patent generally provides an inventor with a prerogative to the inventor over his/her invention for a specific time period of 20 years in exchange for the complete public disclosure of his/her invention. The process begins with the patent search to ensure that the same innovation is non-existent and once done, the inventor is given the provisional patent prior to the assignment of permanent patent.

It is to be known as of basics that a patent does not offer a right to make or use or sell an invention; instead, it provides for safeguard against others from using, making, selling or offering for sale or importing the patented item till the stipulated time of the patent survives or has not expired.


A right over the material you have created that prohibits others from imitating your work. That’s why essentially, it is a right allocated to you to restrict the right to make copies from your work or allocate a right to anyone who intends to copy or imitate or make copies of your work subject to that person giving sufficient consideration.

Songs, movies, sculptures, books, computer software, are included or are the items that can be copyrighted as per the law.

Usually, copyright registration takes up to 18 months before you can use the ® symbol once you obtain the approval. But you can use the ™ symbol instantly on the submission of the copyright application. That’s why you can safeguard your work from day one.

Looking to know more about Copyright Registration?
Read more about the copyright registration and protecting your IP.


To wrap it up, all the intellectual properties (IP) are a negative right. Negative right as they exclude others from using it or enjoying them or making any profit from them.

A patent registration usually takes up to 24 months to receive the patent registration certificate once the authority has approved it. The patent operates on a first-come, first-serve basis, and thus, one should apply the earliest. The law offers an opportunity to inventors to submit provisional applications where their invention is not entirely ready but would be prepared soon.

Share This Post:

Karan Dave
About the Author

Karan Dave

Karan Dave is a seasoned writer associated as a content expert with He has blended his interests in business solutions and starup economy with the writing capabilities to provide resourceful information for varied audiences.