INDIA Law and Practice Contributed by: Raj Ramachandran, Kartik Jain, Mannat Nirola and Anmol Mahajan, JSA Advocates & Solicitors
scribed period is provided for third-party objections. In the absence of objections, or upon their resolution, the Copyright Office issues a registration certificate. Enforcement and Remedies Copyright infringement occurs where a person, without authorisation, undertakes acts falling within the exclusive rights of the copyright owner, includ - ing reproduction, distribution, communication to the public, sale, importation or commercial exploitation of infringing copies. Copyright may be enforced through civil and criminal proceedings. Civil remedies include interim and per - manent injunctions, damages or an account of prof - its, seizure and destruction of infringing material, and recovery of litigation costs. Criminal infringement may attract imprisonment and monetary penalties under the Copyright Act. Rights holders may also utilise border enforcement measures under the Enforcement Rules. In cases of online infringement, copyright owners frequently rely on intermediary takedown mechanisms, notice-and- takedown procedures and court-directed blocking orders. 7.5 Others Protection of Other Forms of Intellectual Property India’s intellectual property framework provides pro - tection to several additional categories of intellectual property through dedicated legislation and common- law principles. These include the Geographical Indi - cations of Goods (Registration and Protection) Act, 1999, the Protection of Plant Varieties and Farmers’ Rights Act, 2001, the Semiconductor Integrated Cir - cuits Layout Design Act, 2000 and the protection of biological resources and traditional knowledge under Computer software is primarily protected as a liter - ary work under the Copyright Act. In limited circum - stances, software-related inventions demonstrating a technical effect or technical contribution may also qualify for patent protection. Databases do not enjoy sui generis protection in India but may be protect - the Biological Diversity Act, 2002. Software Programs and Databases
ed under copyright law if they satisfy the applicable requirements. Trade Secrets and Confidential Information Trade secrets and confidential information are not governed by any standalone legislation in India and are protected through contractual arrangements and common-law principles relating to breach of confi - dence and fiduciary obligations. Further, the right to copyright is specifically preserved against any breach of trust or confidence under Section 16 of the Copy - right Act. In practice, protection is typically strength - ened through contractual confidentiality obligations and specific covenants. India’s data protection framework is rooted in the decision of the Supreme Court in Justice K . S . Put- taswamy ( Retd .) v Union of India (2017), which rec - ognised the right to privacy as a fundamental right under Article 21 of the Constitution. Any restriction on privacy must satisfy the tests of legality, legitimate aim and proportionality. The principal legislation governing personal data protection is the Digital Personal Data Protection Act, 2023 (“DPDP Act”), together with the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”). Pending full implementation of the DPDP Framework, certain provisions of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Per - sonal Data or Information) Rules, 2011 (“SPDI Rules”) remain relevant. Digital Personal Data Protection Framework The DPDP Act applies to digital personal data, includ - ing personal data collected offline and subsequently digitised. It regulates the processing of personal data by Data Fiduciaries and grants various rights to Data Principals. 8. Data Protection 8.1 Applicable Regulations Applicable Regulations Processing of personal data under the DPDP Frame - work is permitted either on the basis of the Data
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