Intellectual Property Rights (IPR) in India — TM, Copyright, Patent, Design (2026)
Intellectual property rights in India 2026: trademark, copyright, patent and design compared, with official fees, terms, process and a decision table.
Intellectual property rights (IPR) in India are four main registrable rights: a trademark protects a brand name or logo for 10 years at a time, copyright protects original creative work and software for the author's life plus 60 years, a patent protects a new invention for 20 years, and a design protects the look of a product for up to 15 years. Trademarks, patents and designs are filed with the Office of the Controller General of Patents, Designs and Trade Marks (ipindia.gov.in), and copyright with the Copyright Office (copyright.gov.in).
Intellectual Property Rights (IPR) is one of the most valuable assets for any business. In this guide, updated for October 2026, we cover the 4 main types of IPR in India — trademark, copyright, patent, design — what each costs at the government fee level, which one fits your asset, and how to enforce them.
Which IP Right Do I Need? Quick Decision Table
| What you want to protect | Right to use | Law |
|---|---|---|
| Business or product name, logo, tagline | Trademark | Trade Marks Act, 1999 |
| Book, article, website text, photos, music, artwork | Copyright | Copyright Act, 1957 |
| Software source code | Copyright (a patent only if it is a technical invention, not a computer programme per se) | Copyright Act, 1957; Patents Act, 1970 s.3(k) |
| New machine, process, formulation or device | Patent | Patents Act, 1970 |
| Shape, pattern or ornamentation of a product | Design | Designs Act, 2000 |
| Product tied to a region, such as a tea or a weave | Geographical Indication (by an association of producers) | GI Act, 1999 |
| Recipe, client list, process you keep secret | Trade secret (by contract; no registration in India) | Contract law and breach of confidence |
1. Trademark
A trademark protects: brand name, logo, tagline, combination, sound, color, shape. Used for: brand identity. Duration: 10 years (renewable). Symbols: ™ (unregistered) / ® (registered).
2. Copyright
Copyright protects: original literary, musical, artistic, dramatic, cinematographic, software works. Used for: books, articles, software code, music, art, films. Duration: Author lifetime + 60 years. Symbol: ©.
3. Patent
A patent protects: new inventions, processes, machines, compositions, biotech. Used for: tech innovations, manufacturing processes, chemical compounds. Duration: 20 years. Symbol: Patent No.
4. Industrial Design
An industrial design protects: visual design of an object (shape, pattern, ornamentation). Used for: product appearance, packaging, furniture, smartphones. Duration: 10 years from registration, extendable once by 5 years, so 15 years in all (Section 11, Designs Act, 2000). The design must be new and not published anywhere before filing, so apply before you launch or show the product.
Other IP
- Geographical Indication (GI) — protects regional products (e.g., Darjeeling tea, Banarasi silk)
- Trade Secret — confidential business info (e.g., a recipe or source formula). India has no trade secret registration or statute; protection comes from NDAs, employment clauses and breach-of-confidence claims
- Plant Variety Protection — new plant varieties
- Semiconductor Integrated Circuit Layout Design — 10 years
- Database Right — protects databases (in some jurisdictions)
IPR Registration
| IP | Authority | Duration | Government fee (e-filing) |
|---|---|---|---|
| Trademark | Trade Marks Registry (ipindia.gov.in) | 10 years, renewable every 10 years | ₹4,500 per class for individuals, startups and small enterprises; ₹9,000 per class for others |
| Copyright | Copyright Office (copyright.gov.in) | Author's lifetime + 60 years | ₹500 per literary, dramatic, musical or artistic work; ₹2,000 for artwork used on goods |
| Patent | Patent Office (ipindia.gov.in) | 20 years from filing, subject to annual renewal fees | Filing ₹1,600 (individual, startup, small entity, educational institution) or ₹8,000 (others); examination request ₹4,000 or ₹20,000 |
| Design | Design Office, Kolkata (ipindia.gov.in) | 10 years + one 5-year extension | From ₹1,000 for a natural person, higher for other applicants |
Government fees are from the official schedules: the Trade Marks Rules, 2017, the Second Schedule to the Copyright Rules, 2013, and the First Schedule to the Patents Rules, 2003. They are paid at actuals and change only by notification, so check the IP India fee page on the day you file.
Worked Example: Protecting a D2C Brand
A small enterprise selling a new kitchen gadget online has a brand name and logo, product photos and website copy, a unique handle shape, and an internal mechanism it designed. A sensible order is: (1) a trademark search, then a trademark for the name and logo in Class 21 at ₹4,500 per class; (2) a design application for the handle shape before the product is shown publicly; (3) a patent search on the mechanism, and a provisional patent application at ₹1,600 if it looks new and inventive; (4) copyright registration only for content worth litigating over, at ₹500 per work. The photos and copy are protected by copyright from creation even without registration.
IPR Enforcement
Trademark Enforcement
- Cease + desist letter to infringer
- Negotiation + settlement
- Civil suit (injunction + damages)
- Criminal complaint (under Trademark Act)
- Customs recordal (prevent import of counterfeit goods)
- Domain name dispute (UDRP / .IN dispute resolution)
Copyright Enforcement
- Cease + desist letter
- Takedown notice to the platform or intermediary (in India, under the Information Technology Act, 2000 and the IT Rules, 2021; DMCA notices apply to US-based platforms)
- Civil suit (injunction + damages)
- Criminal complaint (under Copyright Act)
Patent Enforcement
- Cease + desist letter
- Civil suit (injunction + damages)
- Pre-grant or post-grant opposition before the Patent Office, or a revocation petition, to challenge a rival's patent
- Appeal to the High Court — the IPAB was abolished in 2021 and its jurisdiction moved to the High Courts
IPR Cost
| Service | CorporateWalla professional fee (plus GST; government fee extra) |
|---|---|
| Trademark search | Free |
| Trademark registration (1 class) | From ₹2,199 |
| Trademark objection reply | From ₹3,599 |
| Trademark opposition | From ₹8,999 |
| Trademark renewal | From ₹1,799 |
| Copyright registration (1 work) | From ₹3,599 |
IPR Strategy for Businesses
- Identify all IP assets: brand, logo, content, code, inventions, designs, trade secrets
- Register the most important: trademark (brand + logo) + copyright (content) + patent (if invention)
- Maintain trade secrets through NDAs + access controls
- Monitor for infringement (trademark watch, brand monitoring)
- Enforce against infringers (cease + desist + civil + criminal)
- Renew on time (trademark + design)
- Use IP as collateral for loans (some lenders accept IP)
- Include IP in M&A valuation (IP is intangible but valuable)
Frequently Asked Questions
Q: What is the most important IP for a startup?
A: Trademark. Your brand is your most valuable asset. Register the brand name + logo before launch.
Q: How much does IPR protection cost in India?
A: At government-fee level, a trademark costs ₹4,500 per class for an individual, startup or small enterprise, copyright ₹500 per work, and a patent ₹1,600 to file plus ₹4,000 for examination in the same category. Professional fees are extra: CorporateWalla's trademark filing starts at ₹2,199, copyright at ₹3,599 and patent filing at ₹17,499, plus GST.
Q: How long does IPR registration take?
A: Trademark: 8-18 months. Copyright: 8-18 months. Patent: 3-5 years. Design: 12-18 months. Faster with priority examination (trademark + patent). Timelines depend on objections, so a clean search and complete documents matter more than anything else.
Q: What if I don't register my IP?
A: You still have some rights, but they are harder to prove. Copyright exists from creation without registration, and an unregistered brand can be protected through a passing-off suit if you prove your reputation. An infringement action under the Trade Marks Act, however, needs a registered mark, and patents and designs give no protection at all unless registered.
Q: What are the 4 types of intellectual property rights in India?
A: Trademarks, copyright, patents and industrial designs are the four main registrable rights. India also recognises geographical indications, plant varieties, semiconductor layout designs and trade secrets. Each has its own Act, authority and term, and one product can carry several of them at once.
Q: Which office registers IPR in India?
A: Trademarks, patents, designs and geographical indications are handled by the Office of the Controller General of Patents, Designs and Trade Marks, through ipindia.gov.in. Copyright is registered by the Copyright Office at copyright.gov.in. Plant varieties go to the Protection of Plant Varieties and Farmers' Rights Authority.
Q: Can software be patented in India?
A: A computer programme per se is not patentable under Section 3(k) of the Patents Act, so software is usually protected by copyright. A patent is possible where the software forms part of a technical invention with a technical effect, such as an improvement to how a device works. Brand names for the app go under trademark.
Q: Is IP registered in India valid abroad?
A: No. IP rights are territorial. A trademark, patent or design registered in India protects you only in India. To protect abroad, file in each country or use international routes such as the Madrid Protocol for trademarks or the PCT for patents. Copyright is the exception, recognised across Berne Convention countries without registration.
Next steps: run a free trademark search, read the trademark registration guide and the copyright registration guide, or file copyright registration for your content and code.
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