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§ Insights · Intellectual Property

Which IP Right Protects What: Trademark, Copyright, Design, Patent and Secrets

30 October 2026 · 8 min read · General information, not legal advice — see the disclaimer.

Intellectual property in India is not one right but six or seven, each created by a different statute and protecting a different thing: a brand, a piece of software, a shape, an invention, a database, a recipe. Businesses lose protection mostly by choosing the wrong one, or none. This matrix sets out what each right protects, how it arises, how long it lasts and what registration adds.

Trade Marks Act, 1999Copyright Act, 1957Patents Act, 1970Designs Act, 2000Geographical Indications of Goods (Registration and Protection) Act, 1999Semiconductor Integrated Circuits Layout-Design Act, 2000Protection of Plant Varieties and Farmers’ Rights Act, 2001
In brief
  • 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.
One product, several rights

The matrix

Indian IP rights compared
RightProtectsArises byTermStatute
TrademarkBrand names, logos, shapes, sounds, colour combinations that identify originUse, with registration giving statutory rights10 years, renewable indefinitelyTrade Marks Act, 1999
CopyrightOriginal literary, artistic, musical works, software, films, sound recordingsCreation — automaticLife + 60 years for authored works; 60 years for films and recordingsCopyright Act, 1957
DesignNew and original visual features of shape, pattern or ornamentation applied to an articleRegistration10 years, extendable by 5Designs Act, 2000
PatentNew, inventive, industrially applicable inventionsRegistration (grant)20 years from filingPatents Act, 1970
Geographical indicationGoods whose quality or reputation is due to their place of originRegistration10 years, renewableGI Act, 1999
Trade secretConfidential commercial information with economic valueConfidentiality, contract, equityAs long as secret is maintainedNo dedicated statute
Layout-designLayout designs of semiconductor integrated circuitsRegistration10 yearsSICLD Act, 2000

Which rights attach to which asset

TrademarkCopyrightDesignPatentSecret
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

  1. 01

    Inventory

    List the brand elements, code, designs, inventions, content and data the business owns or uses.

  2. 02

    Ownership

    Confirm who created each — employee, founder, freelancer — and paper the assignment.

  3. 03

    Protect

    Choose registrations by priority and budget; put confidentiality controls on secrets.

  4. 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.

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