Protection of IPRs of Two-Wheeler (Including e-Two Wheeler) Manufacturing Companies under the provisions of Indian IPR Laws.

Protection of IPRs of Two-Wheeler (Including e-Two Wheeler) Manufacturing Companies under the provisions of Indian IPR Laws.

Two-wheeler (2W) manufacturing—encompassing petrol-powered motorcycles, scooters, and the fast-growing electric two-wheeler (e-2W) industry—is a technology-intensive, brand-sensitive, and design-driven sector. Companies rely heavily on innovations in engine/drive-train systems, electronics, battery technology, vehicle telematics, material engineering, body design, and safety systems.

To protect these innovations and prevent counterfeiting, infringement, and imitation, India offers a multi-layered IPR framework through patents, trademarks, designs, copyrights, semiconductor layout protection, and trade-secret law.

1. Applicable Indian IPR Laws for 2W and e-2W Manufacturers

1. The Patents Act, 1970
2. The Trade Marks Act, 1999
3. The Designs Act, 2000
4. The Copyright Act, 1957
5. Semiconductor Integrated Circuits Layout-Design Act, 2000
6. Information Technology Act, 2000
7. Customs IPR Enforcement Rules, 2007
8. Indian Contract Act, 1872 (for trade secrets & confidentiality)
9. The Biological Diversity Act, 2002 (for battery chemistries involving biological materials)

In addition, 2W manufacturers must comply with technical standards issued by BIS, MoRTH, CMVR, ARAI, FAME-II, and various safety standards.

2. Patent Protection for Two-Wheeler & e-Two Wheeler Technologies

Patent protection is crucial due to rapid technological advancements in EV drivetrains, electrical systems, and fuel-efficient engines.

2.1 What Can Be Patented?

A. Engine & IC Powertrain Innovations (for petrol 2Ws)

• Fuel-injection systems (FI)
• Combustion chamber design
• Variable valve actuation systems
• Exhaust after-treatment technologies
• Low-emission and high-efficiency engine designs

B. Electric Drivetrain Technologies (for e-2Ws)

• Hub motors and mid-drive motors
• Regenerative braking systems
• Motor controllers and inverter circuitry
• Power electronics for EV propulsion

C. Battery & Cell-Level Innovations

• Lithium-ion, LFP, NMC pack architecture
• Swappable battery design
• Thermal management systems (air/liquid cooling)
• Anti-thermal-runaway mechanisms
• Battery charging algorithms and BMS technologies

D. Telematics, Connectivity & Software-Linked Innovations

• Vehicle tracking and geo-fencing systems
• Over-the-air (OTA) firmware update systems
• Smart dashboard UI/UX
• Predictive maintenance algorithms

E. Safety & Ergonomics Innovations

• ABS systems and traction control
• Chassis reinforcement structures
• Lightweight alloy or composite body parts

F. Manufacturing & Assembly Innovations

• Frame welding systems
• Robotic assembly lines
• Automation of battery and motor assembly

2.2 Requirements for Patentability

Under Sections 2(1)(j) and 2(1)(ja), inventions must be:

• Novel
• Inventive (non-obvious)
• Industrially applicable

Software-only patents are not allowed, but software tied to hardware (e.g., BMS + hardware sensors) is patentable.

2.3 Exclusions

• Section 3(k): pure algorithms / software
• Section 3(c): naturally occurring materials
• Section 3(j): biological processes

2.4 Patent Term

20 years from the date of filing.

2.5 Patent Opposition

Competitors can challenge patents via pre-grant and post-grant opposition proceedings.

3. Industrial Design Protection (Critical for 2Ws & e-2Ws)

The Designs Act, 2000 protects aesthetic/visual elements.

3.1 What Designs Can Be Protected?

• Headlamp and tail-lamp shapes
• Fuel tank and battery cover designs
• Body panels, contours, fairings
• Seat shape and styling
• Dashboard cluster layout
• Alloy wheel designs
• EV battery pack enclosures
• Scooter floorboard and side-panel designs

Design protection is vital because two-wheeler purchasing decisions heavily depend on aesthetics.

Term of Protection

10 years + 5-year extension (total 15 years).

Benefits

• Prevents imitation by competitors
• Protects year-on-year model designs

4. Trademark Protection for 2W & e-2W Companies

The Trade Marks Act, 1999 protects brand equity.

4.1 Protectable Marks

• Brand names: Hero, Bajaj, TVS, Ola Electric, Ather
• Logos & emblems
• Model names: Splendor, Pulsar, Jupiter, S1, 450X
• Battery swapping network brands
• Charging infrastructure brand identity
• Distinctive colour schemes or stripes

4.2 Why Trademarks Matter

• Prevent counterfeiting of spare parts
• Protect the goodwill of well-known motorcycle brands
• Secure exclusive model naming rights
• Prevent market confusion and passing-off

4.3 Well-Known Trademark Protection

Top Indian and international brands can receive “well-known” status, giving stronger enforcement rights.

5. Copyright Protection

Under the Copyright Act, 1957, copyright protects:

A. Software & Firmware

• BMS firmware
• Motor controller program code
• Telematics platform software
• Mobile apps for connected scooters

B. Technical Literature

• User manuals
• Service manuals for workshops
• Repair guides
• ECU diagnostic software

C. Artistic Works

• Stickers, decals, packaging designs
• Dashboard UI/UX graphics

6. Semiconductor Layout Design Protection

The Semiconductor Integrated Circuits Layout-Design Act, 2000 protects hardware circuitry in:

• Electric scooter BMS
• Motor controller PCB boards
• Dashboard digital cluster boards
• IoT & telematics modules
• Battery safety ICs

This prevents unauthorized PCB duplication.

7. Trade Secret Protection (Highly Important for EV Manufacturing)

Since India has no dedicated Trade Secret Act, protection relies on:

• NDAs
• Confidentiality clauses
• Employee non-compete and non-solicitation clauses
• Restricted access control
• Supplier and vendor confidentiality agreements

Key Trade Secrets for 2W/e-2W Manufacturers

• Motor winding configurations
• Battery chemistry modifications
• Proprietary BMS algorithms
• Testing, grading & QC procedures
• Predictive maintenance algorithms
• Body panel formulations (ABS, composites)
• Supplier and vendor lists
• Telematics system architecture

Trade secrets are often more important than patents in EVs, as algorithms and battery processes are rarely disclosed publicly.

8. Regulatory Data, Homologation & Compliance

2W and e-2W manufacturers must comply with:

• CMVR standards
• ARAI/CIRT homologation data requirements
• BIS certifications
• AIS 156, AIS 038 Rev-2 safety standards for EV batteries
• FAME-II requirements for subsidies

This technical data may not have statutory exclusivity but can be protected contractually as confidential information.

9. Enforcement Mechanisms Under Indian Law

Civil Remedies

• Temporary and permanent injunctions
• Damages & account of profits
• Anton Piller orders (raids for counterfeit parts)
• John Doe orders (against unknown counterfeiters)

Criminal Remedies

For counterfeiting and piracy of:

• Engine parts
• EV components
• Batteries & chargers
• Trademark-infringing spare parts

Customs Enforcement

IPR recordation helps block:

• Counterfeit 2W spare parts
• Fake EV batteries
• Duplicate chargers
• Sub-standard imported components

10. Key Challenges for 2W & e-2W Manufacturers in India

1. High rate of counterfeiting of spare parts
2. Copying of body designs and panels
3. EV software hacking and reverse engineering
4. BMS PCB cloning
5. Leakage of proprietary data in OEM/ODM arrangements
6. Difficulty patenting algorithm-only inventions
7. Safety-critical IP needing strong protection (EV battery safety)
8. Aggressive competition and fast technology evolution

11. Best Practices for Strong IPR Protection

1. Patent core technologies: drivetrain, thermal management, motor control, battery pack design.
2. Use trade secrets for BMS logic, battery processes, supply-chain formulas.
3. Design registrations for body panels, headlights, alloy wheels.
4. Build a strong trademark portfolio for brand and model protection.
5. Protect PCB layouts under semiconductor layout-design law.
6. Apply copyright for software, UI, manuals, firmware.
7. Implement NDAs and internal confidentiality protocols across the supply chain.
8. Record trademarks and designs with Customs to block counterfeit imports.
9. Conduct regular IP audits to strengthen defensive and offensive IP portfolios.
10. Use cybersecurity measures to protect software, telematics, and BMS firmware.

Conclusion

The Indian IPR framework provides extensive protection for two-wheeler and electric two-wheeler manufacturers through patents, trademarks, industrial designs, copyrights, PCB layout protections, and trade-secret safeguards.

Given the rapid expansion of India’s EV and 2W markets, as well as increasing risks of counterfeiting, design duplication, and software manipulation, a holistic, multi-layered IPR strategy is essential. Companies that combine legal protections with strong internal governance and technological safeguards are best positioned to maintain competitive advantage, secure innovation, and ensure brand integrity.