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What is Intellectual Property Protection?
Intellectual property includes works, processes, symbols and designs that were created or are owned by a company. This can include logos and slogans, and written documents or artistic works. To enforce the ownership and right to use intellectual property, the business owner must register it at the United States Patent and Trademark Office or the United States Copyright Office, depending on the type of property a business wants to protect.
Registration of Intellectual Property Rights
The intellectual property rights in Inida, pertaining to trademarks and patents are controlled by the Controller General of Patents Designs and Trademarks, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyrights are handled by the Copyright Office, Copyright Societies, Government of India. Application must be made to the concerned authorities , based on the type of intellectual property right to be registered, in the prescribed form.
|Applies to||Photographs, movies, music, software code||Words, logos, slogans||Inventions & ideas||Inventions & ideas|
|Applicants||Artists & creative professionals||Business owners||Inventors & designers||Inventors & designers|
|Ownership without Registration||Yes, but rights are limited||Yes, but rights are limited||No||No|
|Validity||Lifetime of the author, plus 60 years||Indefinite, but to be renewed every 10 years||20 years||1 year|
Copyright is a form of legal right and an Intellectual Property protection, given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. The Copyright Act, 1957 governs the registration of Copyright in India. Copyright Registration provides a safeguard to insure that the creativity is rewarded and intellectual work is protected.
A patent is a right granted to an individual or enterprise by the government that excludes others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the minutiae of the invention. A patent for a product or process that proves successful can give its owner a competitive advantage over rivals.
A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in.
Frequently Asked Questions
- Literary, dramatic and musical work. Computer programs/software are covered within the definition of literary work;
- Artistic work
- Cinematographic films which include sound track and video films
- Record-any disc, tape, perforated roll or other device.
- If published within the life time of the author of a literary work, the term is for the life time of the author plus 60 years.
- For cinematography films, records, photographs, posthumous publications, anonymous publication, works of government and international agencies, the term is 60 years from the beginning of the calendar year following the year in which the work was published.
- For broadcasting, the term is 25 years from the beginning of the calendar year following the year, in which the broadcast was made.
- It should be novel.
- It should have inventive step or it must be non-obvious
- It should be capable of Industrial application.
- It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.
- SEARCH: Conduct a trademark availability search
- FILING: Trademark application to be filed with Trademark office
- EXAMINATION: Trademark Office examines the registrability of the application
- PUBLICATION: Acceptance of application by the Registrar is published in Trademark Journal
- OPPOSITION: After publishing of applications in the Trademark Journal, third party(ies) can oppose the registration within 4 months in a prescribed format.
- Applicant has the option to provide justification to the Trademark Office for such opposition
- NO OPPOSITION: Trademark is entitled for registration