Temporary transfer/ permitting the use or enjoyment of any intellectual property right under Declared services [Section 66E] :
‘Intellectual property right‘ has not been defined in the Act. The phrase has to be understood as in normal trade parlance as per which intellectual property right includes the following: –
- Copyright
- Patents
- Trademarks
- Designs
- Any other similar right to an intangible property
There is no condition that the intellectual right must be registered in India. Temporary transfer of a patent registered outside India would also be covered in this entry. However, it will become taxable only if the place of provision of service of temporary transfer of intellectual property right is in taxable territory.