Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.
(i) Trademark
Trademark is a word, phrase, symbol or design or a combination of those that identify and distinguish the source of goods of one party from those of others. So your trademark is studiously crafted personality of your product or services or your company or Institution. A trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors. Through trademark registration or you can say logo registration/brand registration, you can protect your brand or logo by restricting other people from using the same.
Owners of trademarks have exclusive rights to use trademark under the categories they are registered in (there is a total of 45 categories, called classes). Only Trademarks that are registered under the Trademark Act, 1999 provides the trademark owner right to sue for damages when infringements of trademarks occur.
ADVANTAGES & BENEFITS OF TRADEMARK REGISTRATIONS
- Protection against Copycats
- Registered brand is Most valuable asset of the Company
- Helps in expansion of business and growth
- Helps in image building and credibility in Market
- Assured Legal Protection across India for 10 years
- Exclusive Rights to the Brand Name & Logo
(ii) Copyright
Copyright is an important property of the owner. Copyright protects companies, authors, writers, software developers, artists, designers, architects, musicians, creative geeks and media houses to protect their creations like software, web content, books, videos, artwork, films, songs from copycats. Copyright owners can prevent others from reproducing or communicating their work without their permission or may sell these rights to someone else. Copyright does not protect ideas, concepts, styles or techniques.
- First, and foremost it is your legal right to protect your work
- It can make you money. Under copyright laws, you are able to allow others to use your works for a fee, or you can sell your copyright to others for a larger fee, by using a copyright license.
- Copyrights can last up to Sixty years after the death of the original copyright owner (this number, however, can vary in other countries). It is important to note, that copyrights can be passed down to a family member
- It is a good idea to provide necessary caution in terms of protecting both yourself and your ideas in regards to your creative works. You work hard to express yourself and boost your creativity; please make sure that you take proper precautions in protecting them as well.
(iii) Patent
A patent is an exclusive right for an invention provided by the law for a limited time to the Patentee. By patenting an invention, the patentee is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. For an invention to be patentable in India, the invention must be a new product or process, involving an inventive step and capable of being made or used in an industry. Patent registrations have a validity of 20 years from the date of filing of the patent application, irrespective of whether it is filed with a provisional or complete specification.
Patent registration applications are handled by The Patent Office, Controller General of Patents, Designs & Trade Marks. Patent applications can be filed electronically with a provisional or complete specification, at the appropriate Patent Office.
Advantages of Patent
The patent protects invention: It an intellectual property which protects your invention and prevents other to use it without your prior permission.
- Sell or transfer patent right: Registration of patent allows you sell, transfer or franchise your patent. This will help you to raise more revenue.
- Patent valid for 20 years: Your invention gets protection for a particular period which helps you to protect your invention.
Industrial Design:
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.