Intellectual property in India is governed by central statutes: the Trade Marks Act 1999, the Patents Act 1970, the Designs Act 2000 and the Copyright Act 1957, all last amended in 2023. Patents, designs and trade marks are administered by the Office of the Controller General of Patents, Designs and Trade Marks. India is a member of the Paris Convention, the Patent Cooperation Treaty (PCT), the Madrid Protocol and the Berne Convention, so foreign owners can extend existing filings to India through the international systems.
The legal framework and the registry
Rights are national and the statutes are central law, so the same rules apply in every state. The Trade Marks Act 1999 has been in force since 15 September 2003; the Patents Act 1970 has been in force for decades in amended form; the Designs Act 2000 since 11 May 2001; and the Copyright Act 1957 since 21 January 1958. Each was last amended by Act No. 18 of 2023, the Jan Vishwas (Amendment of Provisions) Act, which decriminalised a number of minor offences across many statutes.
Patents, designs and trade marks are examined and registered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), which operates the online filing systems. Copyright is handled separately: as a Berne Convention member, India protects works from other member countries without formalities, and copyright registration in India is generally used as evidence rather than as a condition of protection (a point to confirm locally).123456
Using the international systems
India has been party to the Paris Convention and the PCT since 7 December 1998. A Paris Convention priority claim lets an applicant file in India within the priority period after a first filing elsewhere, and PCT applicants can enter the Indian national phase from an international application.
The Madrid Protocol has applied to India since 8 July 2013. A foreign trade mark owner can designate India in an international registration, and Indian applicants can use their Indian application or registration as the basis for an international filing. India has been a member of the Berne Convention since 1928, so works from other Berne countries are protected without formalities.7891
Points that commonly catch foreign businesses
Inventions made in India by Indian residents need attention before filing abroad: the Patents Act requires a resident to obtain the Controller's written permission before applying for a patent outside India, unless an application for the same invention was first filed in India at least six weeks earlier. Groups with research and development teams in India should build this into their filing procedures.
Licensing of intellectual property into India also has tax, foreign exchange and transfer pricing consequences (royalty withholding tax and arm's length pricing), which are covered in the tax and banking areas. Brand owners should register their marks before launching in India, because enforcement against counterfeiters and domain squatters is much easier with a registration.10
| Right or treaty | Instrument | In force for India |
|---|---|---|
| Trade marks | Trade Marks Act 1999 (amended up to Act 18 of 2023) | 15 September 2003 |
| Patents | Patents Act 1970 (amended up to Act 18 of 2023) | In force; consolidated to 2023 |
| Designs | Designs Act 2000 | 11 May 2001 |
| Copyright | Copyright Act 1957 (amended up to Act 18 of 2023) | 21 January 1958 |
| Paris Convention | Accession | 7 December 1998 |
| Patent Cooperation Treaty | Accession | 7 December 1998 |
| Madrid Protocol | Accession | 8 July 2013 |
| Berne Convention | Membership | 1928 |
How it works, step by step
- Search existing Indian registrations and applications for conflicting marks before launch.6Office of the Controller General of Patents, Designs and Trade Marks (online records)
- File a national application, or designate India in an international registration under the Madrid Protocol.96CGPDTM or WIPO International Bureau
- For patents, file nationally within the Paris priority period or enter the national phase from a PCT application.78CGPDTM (Patent Office)
- For inventions made in India by residents, obtain foreign filing permission or file first in India and wait six weeks before filing abroad.10Controller of Patents
No timings or fees are shown unless an official source states them.
Documents usually needed
- Clear representation of the mark and list of goods and services by class
- Power of attorney for the Indian agent or attorney
- Priority document and translation, where claiming Paris Convention priority
- Assignment or employee invention agreements showing the applicant's title
- Licence agreements recorded with the registry where required, with tax and foreign exchange terms reviewed
Common mistakes
- Launching a brand in India before filing, leaving room for local squatters to register first.
- Filing abroad first for an invention made in India by resident inventors without obtaining foreign filing permission.
- Assuming a Madrid designation will proceed without local follow-up; examination objections are handled by the Indian registry and may need a local agent.
- Overlooking the tax and foreign exchange aspects of royalty payments under IP licences into India.
When the business crosses borders
- Foreign trade mark owners can extend an international registration to India under the Madrid Protocol.
- PCT applications can enter the Indian national phase, and Paris Convention priority is available for patents, designs and trade marks.
- Works originating in Berne Convention countries are protected in India without registration.
- Residents' inventions are subject to foreign filing permission rules before patent applications are made abroad.
Questions businesses ask
Can we extend our international trade mark registration to India?
Yes. India has been part of the Madrid Protocol since 8 July 2013, so India can be designated in a new or existing international registration.9
Do we need to register copyright in India?
Works originating in Berne Convention countries are protected in India without formalities. Registration in India is generally treated as optional and used as evidence in disputes, which should be confirmed locally for the work concerned.14
Our engineers in India developed an invention. Can we file in the US first?
Not without care. A resident of India must obtain written permission from the Controller before filing abroad, unless an Indian application was filed at least six weeks earlier.10
What this guide does not yet confirm
These points need checking with a qualified local professional in India before you rely on them.
- Protection terms (trade marks, patents, designs, copyright), renewal periods and official fees were not confirmed on an official page; IP India and WIPO legislation texts could not yet be checked because of access limits.
- The current rules on statements of working of patents (Form 27) after the Patents (Amendment) Rules 2024, and patentability exclusions such as section 3(d), were not verified.
- The foreign filing permission rule was checked only against an earlier version of the Patents Act text on WIPO Lex; the current wording should be confirmed.
- Enforcement routes (civil infringement actions, criminal remedies for counterfeiting, customs recordal) and timelines were not verified.
- Copyright registration being optional is a widely accepted position but was not confirmed on an official page.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
India is a member of the Berne Convention for the Protection of Literary and Artistic Works, with effect from 1928. WIPO Lex lists entry into force for India on 1 April 1928.
WIPO Lex shows an instrument date of 23 April 1928 later than the entry-into-force date; shown as published.
Trade marks are governed by the Trade Marks Act 1999 (Act No. 47 of 1999), in force since 15 September 2003 and amended up to Act No. 18 of 2023. Central law; the Trade Marks Rules 2017 apply to procedure.
Patents are governed by the Patents Act 1970 (Act No. 39 of 1970), amended up to Act No. 18 of 2023. Central law; the Patents Rules 2003 apply to procedure.
WIPO Lex lists entry into force as 1 April 1978 for its record; the Act's general commencement date was not checked.
Copyright is governed by the Copyright Act 1957 (Act No. 14 of 1957), in force since 21 January 1958 and amended up to Act No. 18 of 2023. Central law; the Copyright Rules 2013 apply to procedure.
Industrial designs are governed by the Designs Act 2000 (Act No. 16 of 2000), in force since 11 May 2001. Central law.
Later amendments to the Designs Act were not shown on the profile.
Patents, designs and trade marks in India are administered by the Office of the Controller General of Patents, Designs and Trade Marks. Central government office under the Department for Promotion of Industry and Internal Trade.
The WIPO page names the office as publisher of patent and design guidance but does not itself describe its full remit; the IP India website (ipindia.gov.in) loaded without readable content. Departmental placement under DPIIT not confirmed on a page.
India is party to the Paris Convention for the Protection of Industrial Property, in force for India since 7 December 1998. Instrument deposited 7 September 1998.
India is party to the Patent Cooperation Treaty, in force for India since 7 December 1998. Instrument deposited 7 September 1998.
The Madrid Protocol has been in force for India since 8 July 2013. Instrument deposited 8 April 2013.
A person resident in India may not apply for a patent outside India without the Controller's written permission unless an application for the same invention was filed in India at least six weeks earlier. Section 39 of the Patents Act 1970; does not apply to inventions first filed abroad by non-residents.
The page displayed an earlier French text of sections 1 to 52; the current English text (as amended in 2005 and later) could not yet be checked. Confirm current wording.
Questions on this topic
10 statements on intellectual property: trade marks, patents, designs and copyright in India, 2 not yet checked against a source
