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.

1. TRADEMARK

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.

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.

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.

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.

2. PATENT

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.

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.

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.

3. COPYRIGHT

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.