IP & Trademark · For creators and businesses
Other intellectual property rights that sit alongside trademarks. General legal information only.
Copyright
- Protects original literary, artistic, musical and software works, and films and sound recordings.
- Arises automatically on creation. Registration is optional but useful as evidence.
- The author is usually the first owner, but works made in the course of employment generally belong to the employer, subject to any agreement. Commissioned work needs a written assignment.
Designs
- The Designs Act protects the new and original visual features of a product, such as shape or pattern.
- Registration is required, and the design should not have been published before filing.
Domain names
- A domain name is not a trademark by itself, but names that copy a brand can be challenged.
- Disputes over .in domains go to the .IN dispute resolution policy, and over .com and similar to the UDRP, in addition to court action.
Practical steps for a business
- Use written assignment and confidentiality terms with employees, freelancers and agencies.
- Register trademarks for your brand and consider designs where product shape matters.
- Register your key domain names and close variants.
- Keep records of creation dates and ownership.
Related: IP and trademark · All IP guides · Send an enquiry
Important disclaimer: This article is general legal information, not legal advice. It does not create a lawyer-client relationship and is not an advertisement or solicitation under Bar Council of India rules. Verify current statutes, rules and judgments before relying on it.
