Question map
Which one of the following intellectual property rights is protected without making any registration?
Explanation
In India, Copyright is the only intellectual property right among the options that is protected automatically upon the creation of the work without the mandatory requirement of registration [2]. Under the Copyright Act, 1957, protection for original literary, dramatic, musical, and artistic works is granted from the date of their inception [4]. While registration is optional and serves as prima facie evidence in court, it is not a prerequisite for claiming infringement [1]. In contrast, Patents, Industrial Designs, and Trademarks generally require formal registration with the Office of the Controller General of Patents, Designs and Trademarks to secure statutory protection [4]. Specifically, the Patents Act, 1970 and the Designs Act, 2000 mandate registration for legal recognition [4]. Although unregistered trademarks can seek remedies under the common law of 'passing off', statutory trademark rights are only acquired through registration under the Trade Marks Act, 1999 [3].
Sources
- [4] https://www.nitap.ac.in/storage/pdf/f63d0ea9127821f83a5a4ad9f1531be8-10-04-11of%20IPR.pdf
- [1] Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 13: International Organizations > 13.8 Intellectual Property Rights (IPR) > p. 385
- [3] Indian Economy, Vivek Singh (7th ed. 2023-24) > Chapter 13: International Organizations > 13.8 Intellectual Property Rights (IPR) > p. 386