- A single product can attract several rights at once — a brand (trademark), the software (copyright), the casing (design), the underlying method (patent) and its know-how (confidentiality).
- Trademarks last indefinitely if renewed every 10 years; patents last 20 years from filing; designs 10 years renewable to 15; copyright life plus 60 years.
- Copyright arises automatically; trademark, design and patent rights generally need registration to be enforced in full.
- Trade secrets have no dedicated statute in India; protection comes from contract and the equitable duty of confidence.
The matrix
| Right | Protects | Arises by | Term | Statute |
|---|---|---|---|---|
| Trademark | Brand names, logos, shapes, sounds, colour combinations that identify origin | Use, with registration giving statutory rights | 10 years, renewable indefinitely | Trade Marks Act, 1999 |
| Copyright | Original literary, artistic, musical works, software, films, sound recordings | Creation — automatic | Life + 60 years for authored works; 60 years for films and recordings | Copyright Act, 1957 |
| Design | New and original visual features of shape, pattern or ornamentation applied to an article | Registration | 10 years, extendable by 5 | Designs Act, 2000 |
| Patent | New, inventive, industrially applicable inventions | Registration (grant) | 20 years from filing | Patents Act, 1970 |
| Geographical indication | Goods whose quality or reputation is due to their place of origin | Registration | 10 years, renewable | GI Act, 1999 |
| Trade secret | Confidential commercial information with economic value | Confidentiality, contract, equity | As long as secret is maintained | No dedicated statute |
| Layout-design | Layout designs of semiconductor integrated circuits | Registration | 10 years | SICLD Act, 2000 |
Which rights attach to which asset
| Trademark | Copyright | Design | Patent | Secret | |
|---|---|---|---|---|---|
| Brand name | |||||
| Logo | |||||
| Software source code | |||||
| Technical method inside the software | |||||
| Product shape or packaging | |||||
| Marketing copy and photographs | |||||
| Customer lists, formulae, pricing | |||||
| New mechanical device |
Designs — protecting how something looks
The Designs Act, 2000 protects the features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article, which appeal to and are judged solely by the eye (section 2(d)). The design must be new or original and not previously published; it must not be a mere mechanical device, a trademark or a work of artistic character covered by copyright. Registration gives a ten-year term, extendable once by five years (section 11). Piracy of a registered design attracts a statutory sum per contravention and an injunction (section 22). Where a design is applied to more than fifty articles by an industrial process, copyright in it ceases, which is why industrial designs should be registered as designs and not left to copyright.
Trade secrets — protecting what you do not publish
India has no stand-alone trade secrets statute; courts enforce confidentiality through contract, the equitable doctrine of breach of confidence, and in appropriate cases the Contract Act, the Copyright Act and the Information Technology Act. A secret is protected only if it is in fact kept secret: limited access, signed confidentiality undertakings, exit protocols for employees, marking of confidential documents. A reasonable post-employment confidentiality covenant is enforceable; a broad non-compete after employment is not — see non-compete and confidentiality clauses. The Law Commission of India has recommended a dedicated statute, but the law at the date above remains judge-made.
IP audit in four steps
- 01
Inventory
List the brand elements, code, designs, inventions, content and data the business owns or uses.
- 02
Ownership
Confirm who created each — employee, founder, freelancer — and paper the assignment.
- 03
Protect
Choose registrations by priority and budget; put confidentiality controls on secrets.
- 04
Monitor
Watch the trademark journal, marketplaces and competitors; calendar renewals.
Frequently asked
Do I need all of these?
No. Most businesses need a trademark, assignment paper for copyright and a confidentiality framework; designs and patents depend on the product and on whether the novelty can be shown.
Can the same thing be both design and trademark?
A shape may be registered as a trademark if it functions as a badge of origin and as a design if it is novel and appeals to the eye; they protect different things and operate independently.
How do I protect a business idea?
An idea as such is not protected by any IP right. What is protected is its expression, its implementation or its confidential details; confidentiality agreements before sharing are the practical protection.
What about open-source software?
Open-source components are used under licence; compliance with the licence terms is a contractual and copyright issue, and the licence register should be kept as part of the IP audit.
Statutes, thresholds and forms change by amendment and notification. This note reflects the position as understood at the date above; confirm the current text before acting. Not a substitute for advice from an advocate or chartered accountant on your facts.