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Intellectual Property Rights (IPR) is one of the fastest growing sector in law. I have always come across question regarding IPR like, what is IPR? What things are covered under IPR? How it is regulated in India? and many more. I will try and cover majority of general questions relating to IPR in India.
The term Intellectual means relating to faculty of reasoning and understanding objectively, especially with regard to abstract matters. Therefore, by intellectual property it is understood that any property possessed by an individual that is intangible in nature. From the above it is concluded that Intellectual Property Rights are the rights given to persons over the creations of their mind. The most well known types of IPR are Copyrights, Patents, Trademarks and Trade Secrets, each has its own attributes, requirements and costs. These legals rights confer an exclusive right to the inventor/ creator, for a given period of time. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and business property rights to the information and intellectual goods they create, usually for a limited period of time. Intellectual Property Law is of a great importance. Strong and enforced intellectual property laws protect consumers and families. Strong IP laws help consumers make an educated choice about the safety, reliability and effectiveness of their purchases. Enforced IP laws ensure product authenticity and are of high quality that consumers recognize and expect.
As mentioned previously there are 4 types of IPR in India. Each of them is regulated by an individual act/law such as:-
(1) Trademarks are regulated by the Trademarks Act 1999,
(2) The Copyrights Act 1957 governs the subject of copyrights,
(3) Patents are governed by Patents Act 1970.
Unlike the abovementioned, Trade secret does not have a separate act/law to govern it. Information that isn’t generally known to competitors and it is protected by the confidentiality and this is known as ‘trade secrets’. It is eligible for protection under TORT or CONTRACTS Law against disclosure or unauthorized use of the trade secret. Under IPR, infringement refers to an unauthorized use of any IPs (Trademark, Copyright, & Patents)
This was a basic overlook on IPR in India. If you’ll want a detailed article on individual Intellectual Properties, please let me know on instagram, linkedin or via email. Thank you- ADV Nikhita Mathuria.

Arbitration, a form of Alternate Dispute Resolution (ADR), is a way to resolve disputes outside the judiciary courts. Arbitration is a private process where the disputing parties agree that one or more individuals (known as arbitrator/s) can make decision about the dispute after receiving evidence and hearing arguments. In India, arbitration is governed by The Arbitration an Conciliation Act 1996. Section 11 of the Arbitration and Conciliation (Amendment) Act, 2015, grants the liberty to the parties to appoint an arbitrator mutually. The arbitrator is an individual or body officially appointed to settle the dispute. The arbitrator will give its decision which is known as an arbitral award. This is binding on both the parties and is also enforceable by the court, The arbitral award can be appealed on very narrow grounds. The award must be given within a period of 12 months. In an arbitration hearing the arbitrator gives both the parties equal opportunity to present their cases regarding the issue in dispute by leading evidences, presenting documents, cross examination of witnesses, if any, and even conducting inspection of premises, wherever necessary. An example of arbitration would be when two people who are divorcing cannot agree on the terms and allow a third party to come in to help the negotiate. In general, a form of justice where both the parties designate a person whose ruling they will accept formally. An arbitration proceeding is not formal and does not involve judicial proceedings which can save a lot of time for the parties in dispute. There are a few types of arbitration in India on the basis of jurisdiction, such as, (1) Domestic Arbitration, (2) International Arbitration, (3) International Commercial Arbitration. Following are the types of arbitrations that are primarily recognized in India on the basis of procedure and rules:- (1) Institutional Arbitration, (2) Ad Hoc Arbitration, (3) Fast Track Arbitration. Ad Hoc Arbitration is most frequently exercised in India because it is supported by the infrastructure we have in our country. Further, it is also cost-effective medium upon which the dispute can be resolved. In most of the cases, generally, the parties to an arbitration divide the cost of the arbitrators fees and expenses evenly that is, each pays half. I usually come across questions like is arbitration optional or mandatory in India? Answering that, until today, arbitration is not mandatory in India. Mandatory Arbitration can essentially nullify legal protections we have. For example, Arbitration clauses in employment contracts can dissolve your protections you get from federal laws, such as the civil rights act, the equal pay act, the whistle-blower protection act and the family and medical leave act (FMLA). Talking about the benefits of arbitration, it is generally considered a more efficient process than litigation because it is quicker, less expensive, and provides greater flexibility of process and procedure. Arbitration is widely used to resolve disputes in both the private and public sector. Everything comes with its pros and cons. Similarly, there are disadvantages to arbitration. FINALITY which means, the fact or impression of being final and irreversible. For binding arbitration, there are limited opportunities for appeal, that gives finality to the arbitration that is not often available with a trial decision, which may be subject to appeals, new trials and further appeals. I have tried to cover majority points on Arbitration but if apart from whatever I have mentioned you need any further assistance feel free to contact me on Instagram, Linkedin or Gmail, Thank you – ADV Nikhita Mathuria.

Section 188 of The Indian Penal Code, 1860, Talks about disobedience by an individual of any law or decree that has been imposed by a public servant. It is a criminal offence. Many of us have heard about this section in the recent times of lockdown. As a citizen of India, it is assumed that you are aware about the laws prevailing and that you should abide by them, so even if you take the defense that you were unaware about that particular law, you can still be held liable. Being ignorant of the law is no defense in the eyes of law. This section is not specifically for the violation of the lockdown norms but it is in general for every law currently active in the country. For example, Liquor is banned in the state of Gujarat, but not in Maharashtra. If a resident of Maharashtra travels to Gujarat and is unaware about the ban on liquor, is caught violating this law, can be held liable under section 188 of the IPC 1860. He cannot use the defense that liquor is allowed in Maharashtra and he has carried it from there with him. For instance, If I am caught by an official for violating the lockdown norms, the officer in charge has all the right abstain from a certain act, or to take certain order with certain property in his possession or under his management for a period of 2 months. There are two types of disobedience. (1) disobedience that causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both. (2) disobedience that causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. As a suggestion, if at all you’ll are caught up in any situation like this for the first time try to convince the officer in charge your genuine reason for disobedience and that it won’t be repeated henceforth. If you are fined by the official, kindly pay the fine and take the receipt. DO NOT encourage bribery. Be loyal and responsible citizen of India. -ADV Nikhita Mathuria

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