From Doctrine of Sweat of the Brow to Modicum of Creativity- Concept of Originality in Indian Scenario

Abstract

The evolution of the concept of originality in the Indian intellectual property landscape, transitioning from the traditional "Doctrine of Sweat of the Brow" to a more nuanced approach focusing on the "Modicum of Creativity" standard. The Doctrine of Sweat of the Brow, prevalent in earlier times, emphasized the efforts and labour put into a work rather than the creative spark behind it. However, as India aligned with international intellectual property norms, the notion of originality evolved to encompass the Modicum of Creativity standard, where a minimal degree of creative expression became the threshold for protection. This abstract provides an insight into the historical development of the concept, highlighting key legal principles and landmark cases that have shaped the Indian understanding of originality.