Intellectual property refers to the ownership by a person or entity of creative assets such as an invention, business assets like a logo, literary or artistic work, among others.
Intellectual property rights safeguard the rights of the owners of such IPs by putting reasonable restrictions on their use and distribution, such as licensing fees and agreements. Based on these licensing fees and agreements, the owner of these IPs can make a profit out of their creations for a prescribed duration of time from the date the existence of these intellectual properties is acknowledged. The lifetime of such rights over their uses differs with the type of intellectual property.
So, let’s look at how many types of intellectual property are generally acknowledged in different parts of the world, and the kind of protection they provide, along with the lifetime of such protection:
Types of Intellectual Property
Depending on the types of creation, its ownership can be protected using different types of intellectual property law. These differing laws pertain to various types of intellectual property, with most jurisdictions covering them under these 8 categories:
1. Patent:
A patent gives a legal and exclusive right to a patentee over an invention. The invention should fall under the realm of a patent, with certain countries even restricting some inventions from being patented by law if they do not fulfil specified conditions. For e.g. in India, an invention related to atomic energy can not be patented.
Generally, an invention which is new, useful, non-obvious and non-abstract or vague in nature is considered eligible to be patented, given that its use is not immoral or illegal.
It is important to note that the rights granted by patents are not for an indefinite period but only apply for a specific duration. In most cases, the longest protection that a patent can provide is 20 years from the date of filing of a patent application(provisional application). During this time, the right to how the said invention is used, made, distributed or licensed lies with the inventor or patentee. Once granted, a patent becomes valuable intellectual property, fostering technological advancement and economic growth worldwide.
2. Trademark:
A trademark is a specific type of intellectual property, which gives exclusive rights over business assets such as a combination of symbols, colours, shapes, graphics, multimedia and sound[1]that help in the operation of a business and are essential for its market value and identification to its customer base. Any unsolicited use by an entity of such assets of a business will be deemed an infringement.
There are mainly three categories of trademark[2]:
- Individual: An Individual trademark distinguishes the goods or services of one individual or entity from those of another. Most trademarks which are registered under businesses and are important for the endorsement and brand image of a company come under this category.
- Certification: A certification trademark refers to the mark or certification which are used in the trade for assuring the quality, appropriateness or use of an article or service.
- Collective: A Collective trademark distinguishes a product or service as having an association with a group. The mark is collectively used by the group to distinguish its product or service during trade in the market from those of other businesses.
Unlike a patent, a trademark, once registered, gives an indefinite period of protection to its owner. Therefore, a trademark never expires, provided you file the necessary maintenance documents at set intervals with the registration office.
A trademark plays a crucial role in the choices a customer makes while buying and represents the credibility and brand image of any business.
3. Copyright:
A copyright confers the right of authorship over literary or creative work of an individual or entity and gives them the exclusive right to copy, distribute and sell their creation as per their choice.
Some of the creations which come under copyright are[3]:
i) Books, or other literary works:
Copyright gives authors exclusive rights to reproduce, publish, and distribute their writings, ensuring that others cannot copy or exploit them without permission. For instance, novels, poems, academic texts, and short stories all qualify as literary works. This protection encourages creativity by rewarding authors for their original expression. Due to copyright, many books have been able to amass a great deal of wealth for their authors, “The Harry Potter Series” being an example.
ii) Music :
Music is protected under copyright law, which safeguards the rights of composers, lyricists, and producers over their creations. Copyright ensures that musical works, lyrics, and sound recordings cannot be copied, distributed, or performed without permission. It allows creators to earn royalties when their music is reproduced, streamed, or publicly performed. This protection not only rewards creativity but also encourages the continued production of original music.
iii) Paintings and sculptures :
Paintings, sculptures, and drawings are protected as artistic works under copyright law. This protection grants artists the exclusive right to reproduce, display, or sell copies of their creations, preventing unauthorised use or duplication. Copyright ensures that artists benefit from their creativity and retain control over how their work is used commercially or publicly.
Some of the most popular artworks include Leonardo da Vinci’s Mona Lisa, Michelangelo’s David, Pablo Picasso’s Guernica, and Vincent van Gogh’s Starry Night. These artworks enjoyed copyright before the work of the artist went into the public domain.
iv) Movies :
Movies also come under the Copyright Act, making sure that copying, recreating, reproducing and distributing them can only be done with the explicit permission of the copyright owner. This makes sure that the artist and creators involved in the making of the movie get paid by ensuring royalties each time the work is reproduced, streamed or recreated.
v) Code :
In today’s world, where coding and software development have become second nature to technology and technological advancement, it becomes important to understand how you can get proper protection for your creation if you are planning to create software.
If your software pertains to specific methods, then a patent would be required to protect the said method or process, whereas the coding part of it, instead of coming under patent, actually comes under copyright.
It is important to note that, like code, APIs(a type of declaration code)can also come under such copyright protection as was mentioned during the proceedings of Oracle Vs Android case.
vi)Technical drawings :
Technical drawings, such as engineering designs, blueprints, schematics and architectural plans, are protected as artistic works under copyright law. This protection arises automatically when the drawing is created and gives the author exclusive rights to reproduce, publish, adapt the work and decide the licensing terms under which the use of the schematics is allowed or the extent to which is agreed upon[4]. Copyright safeguards the creative expression in the drawing, not the underlying technical idea or function. For example, an engineering sketch of a machine or an architect’s building plan is protected, but others may design a similar machine or building if they do so independently without copying the drawing itself.
Copyrights do not need to be registered explicitly and come into effect with the creation itself. For example, as a book gets published, the act of publishing itself creates a copyright under the author’s name. Though it can be more convenient to get it registered with the copyright office[5] for smooth handling of any potential copyright infringement issues in the future. Additionally, you should also maintain a proof of your work, like dated manuscripts or a proven record of discussions with dates, related to your work, to maintain a strong proof of your authorship.
4. Trade Secrets :
Trade secrets are a specific type of intellectual property which, though it does not require any sort of registration(as it is meant to be a secret), is still protected by laws and infringing upon them or using them without explicit permission can instigate legal action.
A trade secret is any information which has an economic value because of which efforts are made to keep it a secret, for the purpose of gaining an advantage in business.
A trade secret can be anything that a business or entity does not deem fit to release to the public. It can be a secret recipe for a food business or internal functioning of a machine or code that helps an entity gain an edge over its competitors in the market. It can also be a special method of doing business or operations which can not be otherwise patented.
So, if a technology or a piece of information can not be patented either due to its ineligibility or because sharing it with the public may seem to devalue a business opportunity, then the most appropriate route is to keep it as a trade secret.
Non-Disclosure Agreements and Non-Competing Agreements for employees protect trade secrets. Trade secrets have an indefinite lifetime as long as the information is protected and managed to remain confidential.
5. Integrated Circuits layout :
Layout design of integrated circuits is protected as a separate type of intellectual property. The layout design of an integrated circuit refers to the structural arrangement of components on an integrated circuit. An integrated circuit refers to a circuit network of components having at least one active element(e.g., a transistor) which are inscribed on a semiconductor wafer, such as Silicon, using masking, the process of etching circuit components on the wafer using a photomask.
All modern electronics have these chips, and the reason for the evolution of once bulky and huge electronics systems is also these modern compact chips, which have millions of circuit components integrated per square mm of their area[6].
Making the size of ICs smaller matters in terms of the size, usefulness, and commercial viability of any electronic system. But creating such a compact system, in principle, has not invented anything new. Also, because of the functional nature of ICs, these designs could not be copyrighted. This is the reason why a new class of intellectual property was established for the registration of such layout designs.
The foundation for such protection lies in the Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty, 1989) administered by WIPO, and the TRIPS Agreement (1994) under the WTO, which makes IC layout protection mandatory for member countries. Under these frameworks, countries like the United States, India, and the European Union grant exclusive rights to the creators of IC layouts.
Once registered, a layout design of an IC is protected for a maximum period of 10 years from the date of its first commercial use or registration, whichever occurs first. In this period, these ICs or any article using these ICs can not be imported, sold or distributed without a proper licensing agreement or permission from the proprietor of such registered layout design.
6. Plant Varieties:
Plant varieties are recognised as a special form of intellectual property because they involve human innovation in agriculture and biotechnology. Protection is granted through Plant Breeders’ Rights (PBRs) or Plant Variety Protection (PVP) laws, which ensure that breeders who develop new, distinct, uniform, and stable varieties can control their commercial use.
At the international level, protection is guided by the UPOV Convention (International Union for the Protection of New Varieties of Plants, 1961, revised later) and the TRIPS Agreement (1994), both of which require member states to safeguard plant varieties through patents, a sui generis system, or a combination of both. The duration of rights generally extends up to 20 years for most crops and 25 years for trees and vines, depending on national legislation.
For sexually reproduced plants (like cereals, fruits, or vegetables grown from seeds), breeders gain exclusive rights to produce, sell, export, or import seeds of the protected variety. For asexually reproduced plants (such as grapes, bananas, or roses propagated through cuttings or grafting), protection extends to control over plant material like buds, cuttings, or tubers. This system ensures breeders can recover their investments while still allowing limited exceptions, such as farmers’ privilege or research use, to balance innovation with food security.
7. Geographic Indicators:
Geographical Indications (GIs) are a form of intellectual property that protects goods whose quality, reputation, or unique characteristics are essentially linked to their place of origin. Unlike trademarks, which identify the source of goods from a specific enterprise, GIs identify goods as originating from a particular region where specific environmental or cultural factors influence their qualities.
Examples include Darjeeling Tea (India), Champagne (France), and Roquefort Cheese (France). Internationally, GIs are protected under the Paris Convention (1883), the Madrid Agreement (1891), and most importantly, the TRIPS Agreement (1994), which makes GI protection mandatory for WTO members. Additionally, treaties like the Lisbon Agreement for the Protection of Appellations of Origin (1958) provide a framework for stronger international protection. The duration of GI rights is potentially indefinite, provided the product continues to maintain its link with the region and the GI is renewed as per national laws.
Protection prevents unauthorised use of the GI name, stopping producers outside the region from misleading consumers or unfairly benefiting from the reputation of genuine products. In many jurisdictions, registered GI producers also gain the right to take legal action against infringement. Thus, GIs play a crucial role in safeguarding cultural heritage, ensuring quality assurance, and promoting rural economic development.
8. Industrial Designs:
Industrial designs are a distinct form of intellectual property that protects the aesthetic or ornamental features of an article, such as its shape, pattern, colour, or configuration, rather than its technical function. They ensure that creators of unique and visually appealing products like furniture, automobiles, fashion items, or electronic devices can prevent others from copying or imitating their designs.
At the international level, protection for industrial designs is recognised under the Paris Convention for the Protection of Industrial Property (1883) and the TRIPS Agreement (1994). In addition, the Hague Agreement Concerning the International Registration of Industrial Designs provides a system for registering designs in multiple countries through a single application.
The duration of protection varies by jurisdiction but typically lasts for 10 to 25 years, often subject to renewal in fixed terms (for example, India grants 10 years of protection, renewable for another 5 years, while the European Union allows up to 25 years with 5-year renewals).
Industrial design rights give the owner exclusive control over the commercial use of the design, including making, selling, or importing articles embodying it. By safeguarding visual creativity, these rights encourage innovation in product appearance, enhance market competitiveness, and help businesses build strong brand identity through design.