India IPR Ready Reckoner

Reasons for refusing trademark registration based on the nature of the mark itself (e.g., descriptive, generic, deceptive). Governed by Section 9 of the Trade Marks Act.

Ex parte court order allowing a plaintiff to enter defendant's premises and seize infringing goods/evidence without prior notice. Available in trademark, copyright, and design cases.

In GI law, an individual producer registered to use a Geographical Indication. Must register separately from the GI itself — enables individual enforcement of GI rights.

The numbered statements at the end of a patent specification that define the scope of protection. Independent claims define the invention's core; dependent claims add specifics. Scope of the patent = scope of the claims.

A government-granted licence allowing a third party to use a patented invention without the patent owner's consent — usually for public health or national emergency reasons. Section 84–92 of Patents Act.

Distinct, Uniform, Stable testing — the scientific evaluation of new plant varieties required for Plant Variety Protection registration. Conducted over 2–3 growing seasons by designated PVPFRA testing stations.

India's equivalent of fair use — permits reproduction of copyrighted works for private use, research, criticism, review, or reporting. Narrower than US fair use; specific acts listed in Section 52 of Copyright Act.

Application for expedited patent examination under Rule 24C — available to startups, MSMEs, women inventors, and government entities. Reduces examination time from 2–4 years to 6–12 months. Costs ₹8,000 extra.

False threats of patent/trademark/design infringement — actionable by the threatened person under Sections 106 (Patents), 142 (Trademarks), and 53 (Designs) Acts. Defendants can claim damages for unjustified threats.

Intellectual Property Appellate Board — the specialised IP tribunal that heard appeals from IPO decisions. Abolished in 2021 under the Tribunals Reforms Act; jurisdiction transferred to respective High Courts.

Patent eligibility criterion: the invention must not be obvious to a "person skilled in the art" — i.e., a technically competent person in that field. Also called non-obviousness. Defined in Section 2(1)(ja).

The key test for trademark infringement — whether an average consumer would be confused between two marks. Courts consider visual, phonetic, and conceptual similarity, plus similarity of goods/services.

Rights of authorship that survive copyright assignment — in India, these are non-waivable. Include: right of attribution (to be identified as author) and right of integrity (to prevent distortion/mutilation of the work).

International system for classifying goods (Classes 1–34) and services (Classes 35–45) for trademark registration. India uses Nice Classification 12th edition. Trademark fees apply per class — multiple classes = multiple fees.

Patent eligibility criterion: the invention must not be known or used anywhere in the world before the priority date. Absolute novelty standard applies in India — any prior disclosure anywhere defeats novelty.

Common law remedy for unregistered trademark infringement — plaintiff must prove: (i) goodwill/reputation in the mark, (ii) misrepresentation by defendant, (iii) actual or likely damage. Available without registration.

The date from which a patent or trademark application's novelty/distinctiveness is assessed. Under the Paris Convention, an earlier filing in one country gives a priority date for subsequent filings in other countries within 12 months (patents) or 6 months (TM/designs).

The process of obtaining an IP right from a patent/trademark/design office — including filing, examination, responding to office actions, and grant. Not related to criminal prosecution.

Reasons for refusing trademark registration based on conflict with an earlier mark — e.g., identical mark for identical goods, or similar mark causing likelihood of confusion. Section 11 of Trade Marks Act.

India's unique patent law provision barring patents on new forms of known substances (salts, polymorphs, esters, etc.) unless they show significantly enhanced efficacy. Used to deny Novartis's Gleevec patent in 2013. Widely cited as a model for developing nations.

Traditional Knowledge Digital Library — a database of traditional Indian medicinal knowledge (in 5 languages) maintained by CSIR and Ministry of AYUSH. Used as prior art to invalidate foreign patents on traditional Indian remedies. Has successfully challenged 200+ patents.

A trademark that is widely recognized across different classes of goods/services — gets cross-class protection under Section 11(6). Declared by the Registrar on application. Examples: Amul, Tata, Bata, Fevicol, Infosys.

An equitable remedy in IP cases where the infringer is ordered to pay over the profits they earned through infringement — as an alternative to damages. The plaintiff must elect between damages or account of profits; cannot claim both.

Transfer of ownership of an IP right from the original rights holder to another person — analogous to sale of property. Must be in writing and, for patents, registered with the IPO. For trademarks, assignment with or without goodwill is possible. Differs from a licence, which grants usage rights without transferring ownership.

A trademark that certifies characteristics of goods/services (origin, quality, composition, method of production) rather than indicating commercial source. Used in the US to protect Geographical Indications. India uses the GI Act instead of certification marks for territorial origin protection.

A trademark owned by an association or collective body, used by its members to indicate membership or compliance with the association's standards. Example: CA mark used by Chartered Accountants. Distinct from a certification mark.

A registered collecting society that administers and enforces copyright on behalf of multiple rights holders — collecting royalties from broadcasters, streaming platforms, hotels, etc. In India: IPRS (music), ISRA (sound recording artists), Phonographic Performance Ltd (PPL) for sound recordings.

The formal response filed by a trademark applicant (or patent/design registrant) after receiving an opposition notice — the applicant's defence against the opposition. Must be filed within 2 months of receiving the opposition (TM) or within the time specified by the IPO (patents).

A mark that so closely resembles an earlier registered mark that it is likely to deceive or cause confusion — one of the grounds for trademark refusal under Section 11. Courts apply the "global assessment" test considering visual, phonetic, and conceptual similarity together with the nature of goods/services.

A principle in patent law allowing a patent owner to claim infringement even where the infringing product does not literally fall within the patent claims — if it performs substantially the same function in substantially the same way to achieve substantially the same result. Applied cautiously by Indian courts.

Disputes over internet domain names that incorporate trademarks. Resolved through UDRP (Uniform Domain-Name Dispute-Resolution Policy) at WIPO or NIXI's .IN dispute resolution for .in domains. A domain name registration does NOT confer trademark rights — register the trademark separately.

In plant variety law, a variety that is predominantly derived from an initial protected variety — a minor modification does not create a new, independent variety. The breeders' rights holder of the initial variety controls EDVs, preventing circumvention of PVP through trivial modifications.

Once an IP-protected article is legitimately sold, the rights holder cannot control further resale or use of that specific article. India follows "international exhaustion" for patents (allowing parallel imports once a patented product is sold anywhere in the world) after the 2005 amendment.

Fast-track patent examination under Rule 24C of the Patents Rules — reduces processing from 2–4 years to 6–12 months. Available to startups (DPIIT-recognised), women inventors, MSMEs, and government entities. Extra fee: ₹8,000 (individual/startup) or ₹40,000 (large entity).

A legal opinion assessing whether a product/process can be commercialised without infringing third-party IP rights. Essential before product launch or market entry. Involves searching existing patents, designs, and trademarks in relevant jurisdictions. Not required by law but a commercial best practice.

WIPO's international design registration system — one application designates multiple countries for industrial design protection. India has NOT yet joined the Hague System, requiring separate national filings in each country. The Designs (Amendment) Bill is expected to enable Hague accession.

Systematic review of an organisation's intellectual property assets — identifying what IP exists, whether it is registered, its commercial value, ownership chain, and gaps in protection. Essential before mergers, acquisitions, fundraising, or licensing negotiations. Also used for balance sheet IP valuation.

Assessment of the monetary value of intellectual property assets — using income, cost, or market approaches. Required for: M&A due diligence, ESOP valuation, startup fundraising, licensing fee negotiation, and Section 80-IC tax benefits. ICAI and IBBI have issued valuation guidelines.

A contractual permission to use IP rights without transferring ownership — exclusive (only the licensee can use), sole (rights holder retains use but no further licences), or non-exclusive (multiple licensees possible). Must be in writing; patent licences must be registered with the IPO to bind third parties.

WIPO treaty enabling one international trademark application (CHF 653 base) to designate 130+ countries simultaneously. India joined in 2013. Indian applicants can file via CGPDTM as the office of origin. Most cost-efficient route for global trademark protection for Indian startups and exporters.

Contractual agreement imposing obligation of secrecy on parties who receive confidential information. The primary tool for trade secret protection in India (in the absence of a dedicated trade secrets statute). Should specifically define what constitutes confidential information and post-termination obligations. One-way (unilateral) or mutual.

A proceeding by which any person challenges a trademark application after its publication in the Trade Marks Journal — must be filed within 4 months of publication (Form TM-O, fee ₹2,700 online). Grounds include: identical/similar mark, descriptiveness, bad faith. The applicant files a counter-statement within 2 months.

Patent Cooperation Treaty application — one filing at WIPO designating 150+ countries, giving 30 months from priority date to enter national phases. Filed via the Indian Patent Office (receiving office for Indian applicants). Provides a preliminary international search report — helps assess patentability before committing to national phase costs.

Unauthorised application of a registered design to an article — the specific infringement terminology under the Designs Act, 2000. Defined in Section 22. Remedies include injunction and damages capped at ₹25,000 per article (or account of profits — plaintiff must elect one).

The formal written description of an invention filed with the patent application — either provisional (incomplete, securing priority date) or complete (full technical disclosure + claims). The complete specification must be filed within 12 months of the provisional. Enablement is required — the specification must teach how to make and use the invention.

A category of IP rights created "of its own kind" — not fitting neatly into patents, trademarks, or copyright. Examples: EU database rights (Database Directive), GI protection (GI Act 1999), plant variety protection (PPV&FR Act 2001), IC layout protection (SICLD Act 2000). India's GI and PVP regimes are sui generis systems.

The overall commercial image or visual appearance of a product or its packaging that identifies and distinguishes it in the marketplace — a subset of trademark law. Protectable as a trademark in India if it has acquired distinctiveness and is not functional. Example: Coca-Cola bottle shape, the distinctive layout of a McDonald's restaurant interior.

Provisions within the TRIPS Agreement that allow WTO members to tailor IP laws to their development needs — including compulsory licensing (Article 31), parallel imports (Article 6), Bolar exceptions for pharmaceuticals, and protection of traditional knowledge. India actively uses TRIPS flexibilities, especially Section 3(d) and compulsory licensing.

A form of patent protection for minor innovations — lower inventive step threshold, shorter term (typically 10 years), faster and cheaper grant. NOT available in India (unlike China, Germany, Japan). Indian inventors seeking utility model-type protection in China or Germany must file nationally in those jurisdictions.