- High Court declared that ‘Haldiram’ as well as the red oval-shaped mark of the brand as a ‘well-known mark’ in respect of food items, restaurants and eateries in terms of the Trade Marks Act (TMA), 1999.
- TMA defines well-known trademark as a mark which has become so as to the substantial segment of the public which uses such goods or receives such services that the use of such mark indicates a connection.
- India’s Intellectual Property Rights (IPRs) Policy Management (IPRPM) framework covers following types of IPRs:
IPRs | Legal provision | Subject Area | Term of Protection |
Patent | Patent Act, 1970 | Novel, Inventive and having industrial utility | 20 Years |
Trademark | Trademark Act 1999 | Protects brand name, logo, design for a business or commercial enterprise | 10 years; Can be renewed for 10 years. |
Designs | Designs Act 2000 | New or original designs | 10 + 5 years |
Copyrights | Copyrights Act 1957 | Creative, artistic, literary, etc. | Authors – Lifetime + 60 years, Producers – 60 years, Performers – 50 years |
Geographical Indications (GI) | GI Act, 1999 | Unique characteristics due to geographical linkage | 10 years; Can be renewed for 10 years. |
Trade Secrets | Protected under Common Law | Confidential information having commercial value | Till confidentiality is safeguarded |
