IP Laws in India: Types of IPR, Key Acts and How the Framework Works

Which law protects what, who looks after it, and what you should register first

Ask any founder about IP and they will say trademark. That's it. Then a competitor comes up with almost the same logo, or a freelancer leaves with your source code, and suddenly they realise it is not one law, there are many. In India there are different acts for each type of intellectual property registration

What does the IP Law say?

The ip laws in India give you ownership over what you create. It could be a brand name, a song, a machine, even the shape of a bottle. Competitors cannot copy it without your permission, and you can sell it or give it on licence, just like any other asset.

IPR related laws at a glance

Trademark law: your name and logo

The Trade Marks Act, 1999 covers anything that tells the customer who is selling the product. Can you use a brand without registering? Yes. But only the registered owner can directly sue for infringement. If you are not registered, you have to go for passing off, which takes longer and is difficult to prove.

For online trademark registration, the government fee is
- Rs 4,500 per class for individuals, startups and small enterprises.
- Everyone else pays Rs 9,000.

One of our clients, Vishvam PG, left us a review saying "the service was smooth, and the after sales support was excellent."

His filing was done in around three days.

Not sure if your logo needs a trademark or copyright?

We wrote about exactly this in trademark vs copyright for a logo.

Copyright law: the work itself

Under the Copyright Act, 1957, you get protection the moment you create something original. No form needed for that. Books, songs, films, photographs, drawings and software code, all of them are included.

Registration is not mandatory, however people opt to do so. If there is ever a fight in court, the certificate is good proof that the work is yours. That is why creators and software companies go for copyright registration. The copyright registration process is not long and mostly done online.

Patent law: inventions

The Patents Act, 1970 is for new inventions, which are not obvious and can be used in industry. Patent lasts 20 years from the filing date. After that it's over, no renewal like trademarks.

But not everything can be patented. Section 3 keeps out mere discoveries and software as such, for example. It is advisable to read what can and cannot be patented in India before spending any money or consult a legal expert. If you want to lock the filing date fast, a provisional patent gives you twelve months to submit the complete specification.

Designs, GIs and the others

The Designs Act, 2000 is meant to protect how a product looks, its shape or pattern, not how it works. The GI Act, 1999 is for goods that belong to a place, Darjeeling tea and Banarasi sarees being the examples. The application mostly comes from a group of producers, not one person. Chip layouts and plant varieties have their own Acts also.

Trade secrets are a bit different. There is no separate law in India. Courts protect them through contracts, so a proper non-disclosure agreement does most of the work here.

Who handles all this?

Patents, designs, trade marks and GIs are handled by the Controller General of Patents, Designs and Trade Marks. Their portal is IP India. The ™ Registry has offices in Mumbai, Delhi, Kolkata, Chennai and Ahmedabad. Copyright has its own separate office.

Earlier, IP disputes went to the Intellectual Property Appellate Board. Since it was closed in 2021, appeals now go to the High Courts.

IP registration in India: what to file first

The following step-by-step is the ideal order of applying for different IPs:

• Brand name and logo first, because copycats come for this first

• Copyright for your content, code and creative work

• Design, only if the look of your product is what sells it

• Patent, only if you have a real technical invention

Check the cost also before deciding. Our post on IP registration fees in India will help you plan, and the IP registration process is explained step by step.

AI and copyright: not law yet

In December 2025, a DPIIT committee put out a working paper on generative AI and copyright. It suggests a licence-and-payment model for AI training. But it is only a proposal for public comments. The Copyright Act has not been changed.

Where to start

Once you know which law covers which asset, the rest is easy. Still confused about where to begin? Talk to our intellectual property experts and they will assist you with what is worth filing now and what can wait.