What is the term of protection for a patent, copyright, trade mark and design in India?

Question

I've taken the IPR elective in CS Professional. I keep mixing up how long each IP right lasts and which ones can be renewed. Since the elective is open book, I want one clear table in my notes. Can someone confirm the terms with section numbers?

GradeHunt_Team · Answer

Here are the terms under the Indian statutes.

Patent: 20 years from the date of filing of the application (Section 53, Patents Act, 1970). It cannot be extended. Renewal fees are payable every year from the third year onwards (Rule 80, Patents Rules, 2003). If they are not paid in time, the patent ceases (Section 53(2)), though the owner can apply for restoration within 18 months (Section 60).

Copyright (Copyright Act, 1957):
- Literary, dramatic, musical and artistic works (photographs included) published in the author's lifetime: lifetime of the author plus 60 years, counted from the beginning of the calendar year after the author's death (Section 22).
- Posthumous, anonymous and pseudonymous works, and government works: 60 years from the beginning of the calendar year after first publication (Sections 24, 23 and 28).
- Cinematograph films and sound recordings: 60 years from the beginning of the calendar year after the year of publication (Sections 26 and 27).
No registration or renewal is needed. Copyright exists once the work is created; registration is optional and is useful as proof in a dispute.

Trade mark: 10 years from the date of the application, renewable again and again for 10 years at a time (Section 25, Trade Marks Act, 1999). So a mark can be kept alive indefinitely by renewing it on time.

Design: 10 years from the date of registration, extendable once by 5 more years, so 15 years at most (Section 11, Designs Act, 2000).

Geographical indication: 10 years, renewable for 10 years at a time (Section 18, Geographical Indications of Goods (Registration and Protection) Act, 1999).

Worked example: a novelist dies on 10 March 2000. The 60 years start from 1 January 2001, so copyright in her published books runs to 31 December 2060 and the books enter the public domain on 1 January 2061.

Since your elective paper is open book, what helps most is a one-page sheet like this with the section numbers, so you don't spend exam time searching through the Acts. The marks still depend on applying the rule to the facts given.

What is the term of protection for a patent, copyright, trade mark and design in India?

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