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Intellectual property is the state of law that trades with protecting the rights of those who compose original works. It involves everything from original plays, novels to inventions and company identification marks.
Copyright protection is provided to protect literary, artistic and musical works. The copyright rights are linked to performing artists in shows, broadcasters in the television shows, etc.
Intellectual property rights are usually said to be a package of exclusive rights granted to the lawful owner. The term intellectual property indicates the specific legal rights, and not the intellectual work itself. It is necessary to be aware of what these IP rights are, how they can be protected and, in due course, how to benefit from them.
The purpose of intellectual property laws is to promote new technologies, artistic expressions, and inventions while boosting economic growth. When individuals know that their creative work will be protected and that they can profit from their labor, they are more likely to proceed to build things that create jobs, develop new technology, make processes more efficient.
Common used Intellectual Property
The various kinds of Intellectual Property, their protection, and registration are done both in India and internationally. But these 3 are the most commonly used Intellectual Properties.
A trademark is the most valuable asset held by a business. When a business is successful, others will follow not only the ideas and market strategy, but very frequently they will also reflect the trademarks, product packaging, distinctive markings, etc. used by a successful company. Businesses with especially successful products or services spend large amounts of time, effort and money building, setting and promoting their unique identities.
Owners who neglect and don’t pay sufficient attention towards the protection of their companies’ trademarks face a whole risks, including the failure to register or use their marks on a future date, the dilution of the market’s recognition of their products or services, and, in some cases end up paying huge resources in legal action to stop illegal use or justify the use of their own property.
It is hence appropriate that the trademarks be registered on all the goods and services over which the trademark is applied. The legislation which deals with the protection and registration of trademarks in India are The Trademark Act, 1999 and The Trademark Rules 2002. In India, trademark registration is valid for 10 years. The same may be renewed from time to time for extra periods of 10 years.
For registration of a mark as a trademark in India, the mark has to meet specific criteria. These involve the following requirements:
- The mark must be non- generic– A generic trademark is a trademark or brand name that has become the familiar or generic description for (or synonymous with) a broad class of product or service, rather than the precise meaning designed by trademark’s holder. A trademark typically grows “genericized” when the products or services with which it is linked have received substantial mind share.
- The mark must be non- descriptive– Descriptive trademarks are those which illustrate some aspect, characteristic or quality of the products on which they are used.
- The mark is not the same or alike to existing marks- A proposed mark must not be alike or same to that for which the earlier trademark is registered in the name of another proprietor.
- The mark should be known- deceptive– A deceptive trademark is one that incorrectly shows that the goods over which it is applied have some qualities but they do not.
The term trademark or service mark holds any word, name, symbol, or device, or any mixture thereof to identify and separate goods, including a unique product, from those made or sold by others and to show the source of the goods.
AA patent is a kind of protection that gives a person or legal entity with private rights for making, using or selling a concept or invention and eliminates others from doing the same, also for claiming injuries from those who infringe the invention.
Patents usually cover innovations, products or processes that involve new functional or technical aspects. It is given by the Indian Patent Office and has a time of 20 years. After the end of this 20-year monopoly, the product/ invention will come in the public domain for any third party to practice it.
The legislation which administers with the protection and registration of patents in India are The Patent Act, 1970 and The Patent Rules 2003. The patent Act 1970 has supported three (3) amendments in 1999, 2002 and 2005. In the 2005 amendment included product patent protection for food, pharma, and chemical inventions.
In India an invention/product has to meet several criteria to qualify for a patent are:
- New/ Novel- The invention has a feature that places it apart from past inventions and is unknown to the public.
- Non-obviousness- The invention’s creation must not be obvious to someone who has average skill in the area of invention.
- Utility- The invention is estimated helpful.
Registration of a patent assures protection in all over India. If somebody needs to protect their invention in another country they have to apply in every country where the Candidate needs patent protection for their product or invention.
Copyright is a right provided by the law to the creators of literary, dramatic, musical, artistic works and producers of cinematograph films and sound recordings. It is a bunch of rights including rights of reproduction, communication to the public, adaptation, and translation of the work.
The creator of a copyrighted work has the right to check/ prevent illegal copying or reproduction of their work by others for a certain time after the said work will join the public domain. The protection of copyright varies according to national legislation and the kind of work. The Indian law extends copyright protection for the work created by an individual for a lifetime of the author plus sixty (60) years. The Copyright Act, 1957 and the Copyright Rules, 1958 give for the protection of copyrights in India.
There are several criteria for securing copyright protection for a work. Firstly, the work needs to be original and secondly, the work must be fixed or done in a tangible form such as writing, recording, film or photography, etc. It is to be seen that, Copyright does not protect the underlying idea but only the expression of that singular idea is protected under copyright.
Copyright is given automatically to the author of any original work covered by the law as soon as the work is composed. Copyright registration is valuable to a copyright holder who wants to take civil or criminal action upon infringement.
IP rights, protection is available in many countries over the world, because of India being a member of the Berne Convention. Protection is provided to works first published in India, in respect of all countries that are member states to deals and conventions to which India is a member. Thus, without formally applying for protection, copyright protection is open to works first published in India, over different countries. The government of India vides International Copyright Order, 1999 has prolonged copyright protection in India to works 1st published outside India.
Registration of Intellectual Property Rights
The intellectual property rights in India like trademarks and patents are regulated by the various bodies i.e. are Controller General of Patents Designs and Trademarks, Department of Industrial Policy and Promotion, and Ministry of Commerce and Industry. Copyrights are managed by the Copyright Office, Copyright Societies and Government of India. The application must be given to the concerned authorities, based on the type of intellectual property right to be registered, in the directed form.
Difference between Trademark, Patent, and Copyright
|Meaning||It preserves the expression of ideas like artistic work. Artistic work involves work related to books, paintings, music and computer Programme. Copyright protection benefits in excluding others from using the work.||Trademark preserves any word, symbol, a design that recognizes business and differentiate the brand from others.||The patent guards the invention of the inventor and provides an exclusive right to the inventor over his/her invention and it also eliminates others from using the invention.|
|Applicants||Artists & creative professionals||Business owners||Inventors & designers|
|Ownership without Registration||Yes, but rights are limited||Yes, but rights are limited||No|
|Protection given for||Novel works of authorship like books, articles, songs, photographs, paintings, choreography, sound recordings, motion pictures, etc.||Any word, logo, symbol, mark, phrase that differentiates goods of one party from another.||Features of shape, configuration, pattern, and ornament, the form of lines, colour or blend thereof applied to each article.|
|Significance||Expression of Ideas||Identification of brand||Invention|
|Govern by||Indian Copyright Act, 1957||Trade Marks Act, 1999||Indian Patent Act, 1970|
|Requirements of Registration||The work must be original, creative and must be able of fixing in the tangible form.||The marks needs to be unique.||The design needs to be original and must be referred to the article by any industrial process.|
|Exclusions||Others are not permitted copy the work without the permission of the creator.||Stop others from using the same logo/symbol.||Stop others from using the invention without the permission|
|Validity Term||The validity time in copyright is 60 years.||The validity time in trademark is 10 years.||The validity time in patent is 20 years.|
|Rights provided||Right to control the reproduction, creating of copied works, distribution and public performance and shows of the copyrighted works.||Rights to apply the mark and stop any 3rd person from using the deceptively same mark.||Right to stop others from producing, selling using or importing the patented invention.|
Note: There is one more intellectual property i.e. Provisional Patent, which is different from patent for just one reason and that is the validity time. For Provisional Patent the validity time is only 1 year.
Importance of Intellectual Property
Developing new products and methods, brand names, content, etc. are resource-intensive and regularly need huge investments. It is, hence, the expectation of the individuals or entities producing them that they have particular rights over their creation to the exclusion of others. Intellectual Property systems and laws provide this exclusivity. For certain forms of IP like trademark and copyright, the right is born the day the work is produced, registration though not mandatory gives some benefits and advantages like prima facie proof of the owners making it simpler to enforce the IP right in court. Otherwise, the registered owner will have to show that the IP belongs to him when the IP is used illegally. In the case of a trademark, only a registered owner can claim and sue for infringement. For certain IP like patents and designs, the right is given upon making the application and complying with the laws prescribed for their registration. The IP so protected helps the registered owners to get the returns of their investments by restricting others from using the creation without permission.IP rights and registrations assist the owner to eliminate third parties from using the invention in an unauthorized manner and having a free ride on the efforts of the original inventor. It gives an incentive to keep creating and profit from them.
ApplyTradeMark’s Trademark Process
Getting a Trademark with our streamlined processes is a simple 3-Step Process.
To start off the trademark filing, we do a comprehensive Trade mark search to check for pre-existing trademark/wordmarks with the same name. A free trademark search is vital in order to not be involved in trademark violation troubles.
After a free trademark public search, if there is no pre-existing wordmark with the same name, we draft a Trademark application with details provided by you. The application thus formed will be forwarded to the trademark registry for verification.
Filing the Application
Once the Ipindia public search and the drafting your application is finished, we forward it to the Trademark Registry for approval. The Registry provides an application number for status tracking, and if there are no objections, your trademark is registered in 18-20 months.
From the public search of trademark to application drafting, tracking the status of the trademark and until is trademark is registered ApplyTrademark is with you every step of the way to secure your intellectual property
Benefits of Intellectual Property
Protecting your business’s intellectual property offers important benefits. These include:
- Enhancing your company’s market value by income generation avenues that can involve sales, commercialization, and licensing
- Converting ideas into vehicles for profit and turn ideas into profit-making assets
- Building an image for your business that assists you to market your products and services to customers
- Borrowing money for your business by using IP assets as debt collateral or when applying for government or public funding, as well as by sales and licensing
- Increasing your competing interest in the global market and boost the market value of your business
Granting some types of IP rights is automatic while others need the means to qualify.
Frequently Asked Questions
1. SEARCH: Conduct a trademark availability search
2. FILING: Trademark application to be filed with the Trademark office
3. EXAMINATION: Trademark Office examines the registrability of the application
4. PUBLICATION: Acceptance of application by the Registrar is published in Trademark Journal
5. OPPOSITION: After the publishing applications in the Trademark Journal, the third party can oppose the registration within 4 months in a prescribed format.
6. The applicant has the option to justify the Trademark Office for such opposition
7. NO OPPOSITION: Trademark is entitled to registration
• You can simply fill-up the form and upload your original work which requires to be copyright
• Once we get information & placed an order
• Your application shall be sent to our copyright consultant & begin to process your copyright application
• Application to be created in Form Number – Form-XIV
• We will give you DAIRY NUMBER (unique Reference Number) within 3-5 working days directed to complete the information provided by you.
2. Artistic work
3. Cinematographic films which include soundtrack and video films
4. Record-any disc, tape, perforated roll or another device.
2. For cinematography films, records, photographs, posthumous publications, anonymous publications, 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.
3. For broadcasting, the term is 25 years from the beginning of the calendar year following the year, in which the broadcast was made.
• Rs.19,999 onwards for a provisional patent
• Rs.35,999 onwards for permanent patent
• Patentability/Novelty research
• Drafting of patent application
• Filing the patent application
• Patent filing
• Publication of patent application
• Issuance of the examination report
• Grant of patent
• Patent application in form-1
• Proof of right to apply for a patent. This proof could either be attached at the end of the application or along with it.
• If complete specifications are not available, then provisional specifications.
• In the case of provisional specifications, then complete specification in form-2 within 12 months.
• Statement and undertaking under section-8 in form-3 (if applicable).
• If a patent application is filed by a patent agent, then the power of authority in form-26.
• If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
• The source of geographical origin should also be included in the case of biological material used in the innovation.
• All the applications must bear the signature of the applicant/authorized person/Patent attorney.
• The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.
1. It should be novel.
2. It should have an inventive step or it must be non-obvious
3. It should be capable of Industrial application.
4. It should not fall within the provisions of sections 3 and 4 of the Patents Act 1970.