Intellectual Property Law | LLB Entrance Notes

WIPO and Intellectual Property: Patents, Trademarks, Designs, GI and Copyright

The World Intellectual Property Organization (WIPO) is the United Nations specialized agency for intellectual property. These notes cover WIPO, major international IP treaties and the principal forms of intellectual property protection relevant in India.

Quick revision

WIPO Convention: signed 14 July 1967; entered into force in 1970

WIPO headquarters: Geneva, Switzerland

WIPO membership: 194 Member States

Director General: Daren Tang

India joined WIPO: 1 May 1975

Patent term in India: 20 years

Trademark registration: 10 years, renewable

Registered design: 10 years + possible 5-year extension

World Intellectual Property Organization (WIPO)

The Convention establishing WIPO was signed at Stockholm on 14 July 1967 and entered into force in 1970. WIPO became a specialized agency of the United Nations in 1974. Its headquarters are in Geneva, Switzerland.

WIPO currently has 194 Member States. India deposited its instrument of accession to the WIPO Convention on 31 January 1975, and the Convention entered into force for India on 1 May 1975.

As of September 2026, Daren Tang is Director General of WIPO. He has been appointed for a second six-year term beginning on 1 October 2026.

Correction: WIPO is a UN specialized agency; it should not be described merely as an agency "under ECOSOC." Its institutional relationship with the UN is governed by the agreement between WIPO and the United Nations.

Important International IP Treaties

Paris Convention for the Protection of Industrial Property, 1883

The Paris Convention is one of the foundational international treaties on industrial property. It covers areas including patents, trademarks and industrial designs and establishes principles such as national treatment and priority rights.

India acceded to the Paris Convention on 7 September 1998 and it entered into force for India on 7 December 1998.

Berne Convention for the Protection of Literary and Artistic Works, 1886

The Berne Convention is a foundational copyright treaty protecting literary and artistic works. India has been bound by the Berne Convention since 1928.

Patent Cooperation Treaty (PCT), 1970

The PCT provides a unified procedure for filing an international patent application that can facilitate seeking patent protection in multiple contracting States. It does not itself grant a single "world patent"; patent rights remain territorial and are ultimately determined by national or regional authorities.

India joined the PCT along with the Paris Convention, with both entering into force for India on 7 December 1998.

Madrid Protocol - International Registration of Marks

The Madrid System facilitates international registration and management of trademarks through a centralised filing system administered by WIPO. India acceded to the Madrid Protocol in 2013, and it entered into force for India on 8 July 2013.

TRIPS Agreement

The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive multilateral agreement on intellectual property. It sets minimum standards covering copyright and related rights, trademarks, geographical indications, industrial designs, patents, integrated-circuit layout designs and undisclosed information, along with enforcement rules.

Industrial Property

Industrial property commonly includes patents, trademarks, industrial designs and geographical indications. Plant-variety protection and protection of confidential business information are related areas governed by their own legal frameworks.

1. Industrial Designs

Industrial designs in India are governed by the Designs Act, 2000. Section 2(d) defines "design" in relation to features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article and judged solely by the eye, subject to the statutory exclusions.

Registration initially gives copyright in the registered design for 10 years. On timely application and payment of the prescribed fee, this may be extended once for a further 5 years.

Exam point: design protection concerns the visual appearance of an article rather than the technical principle by which it functions. Functional inventions belong primarily to patent law.

2. Patents

Patents in India are governed principally by the Patents Act, 1970, as amended. The earlier Indian Patents and Designs Act, 1911 was replaced by the Patents Act, 1970.

A patent protects an invention that satisfies the statutory requirements, including novelty, inventive step and industrial applicability, and is not excluded from patentability under the Act.

Under Section 53 of the Patents Act, the term of every patent is 20 years from the filing date. For a PCT international application designating India, the 20-year period runs from the international filing date.

Correction: a patent is not granted for a mere discovery as such. Sections 3 and 4 of the Patents Act identify subject matter that is not patentable in India.

3. Protection of Plant Varieties

Plant varieties and farmers' rights are governed by the Protection of Plant Varieties and Farmers' Rights Act, 2001. The law establishes a sui generis system for registration and protection of eligible plant varieties while recognising specified rights of breeders, farmers and researchers.

4. Trademarks

Trademarks in India are governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. A trademark may include words, names, devices, labels, shapes, packaging, combinations of colours and other signs capable of satisfying the statutory definition and registration requirements.

A registered trademark is valid for 10 years and may be renewed indefinitely for successive periods of 10 years, subject to compliance with the Act and Rules.

� and � Symbols

� is commonly used to indicate a claim to a mark; it does not itself prove registration.
� is used in relation to a registered trademark.

Correction: a certification trademark is not simply a "brand logo." It certifies specified characteristics such as origin, material, method of manufacture, quality, accuracy or other attributes of goods or services in accordance with the Trade Marks Act.

5. Geographical Indications (GI)

Geographical indications in India are governed by the Geographical Indications of Goods (Registration and Protection) Act, 1999. A GI identifies goods as originating in a territory, region or locality where a given quality, reputation or other characteristic is essentially attributable to geographical origin.

GI registration is valid for 10 years and is renewable for further 10-year periods. Darjeeling Tea was India's first registered geographical indication.

6. Trade Secrets and Confidential Information

Trade secrets may include confidential formulas, methods, commercial information, source code, customer information and know-how that derive value from secrecy. India does not currently have a single comprehensive standalone trade-secrets statute comparable to its patent or trademark legislation.

Protection may arise through contract, equitable/confidentiality principles, employment obligations, commercial law and other applicable legal remedies. TRIPS also contains obligations concerning protection of undisclosed information.

Copyright

Copyright in India is governed by the Copyright Act, 1957, not a "Copyright Act, 1970." Copyright protects original expression in recognised categories such as literary, dramatic, musical and artistic works, as well as cinematograph films and sound recordings under the statutory scheme.

Copyright Protects Expression, Not Mere Ideas

Copyright protects the legally recognised expression of an idea rather than an abstract idea, fact, theme or concept standing alone.

Term of Copyright - Important Examination Rules

Work	General term under Indian law
Published literary, dramatic, musical and artistic works	Life of the author plus 60 years, counted from the beginning of the calendar year following the author's death.
Joint authorship	60 years from the beginning of the calendar year following the death of the last surviving author.
Cinematograph films	60 years from the beginning of the calendar year following first publication.
Sound recordings	60 years from the beginning of the calendar year following first publication.
Government works	60 years from the beginning of the calendar year following first publication.

Correction: copyright is not universally "60 years from registration." The calculation depends on the type of work and, for many authorial works, on the author's death. Registration is not what starts the normal copyright term.

Major IP Laws in India at a Glance

IP right	Principal Indian law	Typical protection period
Patent	Patents Act, 1970	20 years from filing date, subject to the Act
Trademark	Trade Marks Act, 1999	10 years; renewable repeatedly
Industrial design	Designs Act, 2000	10 years + possible 5-year extension
Geographical indication	GI Act, 1999	10 years; renewable repeatedly
Plant variety	Protection of Plant Varieties and Farmers' Rights Act, 2001	As prescribed by the statutory scheme and category
Copyright	Copyright Act, 1957	Varies by work; commonly life + 60 years for authorial works

These notes are intended for legal education and entrance-examination revision. Intellectual property legislation is amended periodically and treaty participation may change. For authoritative text and current procedural requirements, consult WIPO, IP India, the Copyright Office and India Code.