India has one of the most meticulously curated constitutions in the world. There was a committee of 300 elected members who worked day and night for 3 years to form the longest constitutions in the history of the world.

India is a land of the free. Recently, the legalization of the fundamental right to privacy has reinstated this fact. People are free to go wherever they like, marry whoever they like, do whatever occupation they like etc. This also includes the freedom to come up with ideas in the interest of the nation or for one’s personal interest. This is where intellectual property rights in India come into play.

What are Intellectual property rights in India?

• Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works.
• The purpose of these laws is to give an incentive for people to develop creative works that benefit society, by ensuring they can profit from their works without fear of misappropriation by others.

What is the need for intellectual property rights in India?

• The unpredictable nature of intellectual property presents difficulties when compared with a traditional property. Unlike traditional property, intellectual property is “indivisible” – an unlimited number of people can use an intellectual good without it being depleted.
• Additionally, investments in intellectual goods suffer from problems of appropriation – as, unlike a landowner, a producer of information can’t put a fence around his idea or can usually do very little to stop their first buyer from replicating it and selling it at a lower price.

Hence, the intellectual property rights in India are to be balanced in such a way so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods’ wide use.

Types of Intellectual property rights in India

If you look at it, one would think how can you categorize creativity or decide what falls under which category? Well, that is why there are only 2 broad categories which decide the type of property.

• The first one is Copyright and rights related to copyright. It includes protection for artistic works such as books and other writings, musical compositions, paintings and sculptures for a minimum period of 50 years after the death of the author. This also includes the rights of ps performers, producers, and broadcasting organizations. The main social purpose of the protection of copyright and related rights is to encourage and reward creative work.
• The second type in intellectual property rights in India is the Industrial Property. 
One is characterized as the protection of distinctive signs, in particular, trademarks (which distinguish the goods or services) and geographical indications (which identify a good as originating in a place where the good is attributed)other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall invention (protected by patents), industrial designs and trade secrets.

Important characteristics of the intellectual property rights in India

• These rights are given for a finite duration depending upon which kind of right has been applied for. It is, however, generally for 20 years.
• It protects the owner from the infringement of the copyrighted item. If infringement does occur, rights to intellectual property can be enforced in federal court.
• If you have created or obtained the rights to something unique, an IPR Law firm in Delhi can help you protect your interests.

India is a secular state, which means that there are close to 20 religions actively practiced in the country. With these religions come to their cultural practices and festivals and different way of living. As the drafting committee members were against the idea of turning India into a Hindu Pakistan, hence they had to accommodate every small religious belief that an individual of the minority would possess.

This has in fact led to the Constitution being a bit hard to translate for a common man. There is a certain gap between the people and the law as so many acts, mandates, categories, and subcategories have made it hard for the people to directly approach the law. The option is the best law firms in Delhi which bridge the gap between the two.

The IPR law firms in Delhi work towards –

• They ensure that the law is not being misused in any way and that people do not take advantages of the loopholes.
• In addition to this, they find the quickest way possible to get the justice that the client is seeking. Before filing a lawsuit, however, owners will want to consult with an attorney and carefully consider whether litigation is in their best interests. Infringement cases are expensive to prosecute, and there is always a risk that the owner’s rights once dragged to court will have less market value than before.
• Explaining the meaning of the various sections to a layman, so they know how the law is made to protect them.