Intellectual Property is Crucial to Your Business. Know More!

Intellectual Property is a global subject. It’s theft, evergreening and exploitation has been the basic issue which has been encountered by trips WIPO and all other major world authorities. Intellectual property violation is a major crime and needs to be dealt with in all seriousness. Many multinational companies resolve by taking steps which are borderline infringing domestic or international laws for making some extra bucks and in the end, it is the customers whose interests are the most neglected.

Intellectual Property management has laid down some major rules which all the signatory to that treaty or convention needs to follow. Protection of Patent, Copyright, Trademark, Trade secrets, Traditional knowledge and all other proprietary information is required for the protection of the rights of the inventor. In the current scenario many are trying to exploit this protection and are trying to limit such invention to a certain number of people who in turn are exploiting it to its core and not sharing it with the public. The Trips Agreement has suggested every country should move from process patenting to product patenting.

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Filing and Protection of Intellectual Property

Like all other segments of law, where there are specialised lawyers who give the right advice for specific matters. There are three mean segments under which intellectual property practice can be segregated. These are

• Protection 
• Counselling
• Enforcement

These are the major areas in which your intellectual property lawyer will come to play its part.

Many counselling centres have opened all across the country to help ease out the problems which people are facing with regards to seeking protection and development of intellectual property in India. Many searches need to be conducted when it comes to granting a patent and these searches are conducted by Intellectual Property specialists. So, it is advised to take their guidance while filing for patent, trademark, copyright or any type of intellectual property.

The protection phase involves deterring others who do not own the right to use intellectual property. Here they will guide you what are the rights that a client possesses once an intellectual property is granted.

When it comes to enforcing rights, all your queries will be dealt with by a specialised IP lawyer because they are the only ones who are eligible to appear in front of the court. They will have your best interest in mind if you present your case with full disclosure and there is no active concealment of facts.

Intellectual Property theft and its overexploitation

India being a developing country is still keen on following the idea of process patenting rather than product patenting. The reason why Indian authorities are going towards this is because it helps in bringing down the price of the commodity and to make sure the public can make the most out of it. If any mention stays with any particular group of people for more than the designated time by following some tricks then the laws are failing to offer the world what it needs. This can be regarded as overexploitation of intellectual property. Whenever someone tries to illegally download any video from the Internet or is playing a song in any club without any prior permission of the inventor or the property holder then it is regarded as intellectual property theft. Laws have been strictly implemented and many committees have been formed for the formulation of good future laws. Hence the future of intellectual property in India is bright.

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Intellectual Property duration

As per Indian laws, Copyright is protected for the lifetime of the inventor plus 70 years post his/her demise. After the expiration of this time, the property is available for public use. We cannot claim or ask for the renewal of Copyright. In case of Trademarks, the protection offered is for 10 years and companies and organisations can seek renewal of Trademark for as long as they want. The reason why Trademark is allowed to renew is because many companies identify their product with this and hence its renewal is justified. Patents in India are given 20 years of protection and after that, they are available for public use. Patents cannot be renewed unless there is a substantial change in the earlier invention, in which case a new patent application will have to be filed.

Conclusion

All the agreements and treaties are aimed at protecting inventors and also making sure the public is benefiting from such inventions. The authorities have to make sure that the commercial businesses are using such property for betterment and not exploiting it. The long wait time in granting protection can limit availability of such resources from the public. This may seriously hinder movement of human civilization.

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Frequently Asked Questions on Intellectual Property is Crucial to Your Business.

Q1. What is Intellectual Property and why is it important?

Ans1. Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols. It is important because it grants creators exclusive rights to use their creations, encouraging innovation and ensuring fair rewards.

Q2. What are the main types of Intellectual Property protected in India?

Ans2. The primary types of IP protected in India include Patents, Copyrights, Trademarks, Trade Secrets, and Traditional Knowledge. Each type safeguards different forms of intellectual creativity or innovation.

Q3. What is the difference between process patent and product patent?

Ans3. A process patent protects the method of producing a product, while a product patent protects the final product itself. India traditionally followed process patents, but TRIPS encourages a shift towards product patenting for stronger protection.

Q4. How long is Copyright protected under Indian law?

Ans4. Copyright in India lasts for the lifetime of the creator plus 70 years after their death. After this duration, the work falls into the public domain and can be freely used.

Q5. How long is Trademark protection valid in India?

Ans5. Trademark registration is valid for 10 years in India. However, it can be renewed indefinitely every 10 years, allowing companies to maintain brand protection as long as they continue to renew.

Q6. Can patents be renewed in India after 20 years?

Ans6. No, patents in India are granted for 20 years and cannot be renewed. Once expired, the patented invention enters the public domain unless significant modifications are made and a new patent is filed.

Q7. What is considered Intellectual Property theft?

Ans7. IP theft includes unauthorized use, reproduction, or distribution of protected works—such as illegally downloading media, using brand logos without permission, or copying patented inventions.

Q8. What are the steps to protect your Intellectual Property in India?

Ans8. To protect IP in India, one must:

• Conduct a prior search
• File an application with the respective IP authority
• Work with an IP lawyer for proper documentation
• Monitor and enforce rights against infringement

Q9. Why is overexploitation of Intellectual Property a concern?

Ans9. Overexploitation occurs when IP holders use legal loopholes to extend monopolies or restrict public access, especially in essential sectors like medicine. This can hinder innovation, raise costs, and limit public benefit.

Q10. How is India addressing Intellectual Property violations?

Ans10. India has strengthened IP laws, aligned with global standards like TRIPS. It offers legal remedies, enforces penalties for infringement, and supports innovation through dedicated IP facilitation centers and awareness programs.