WHAT IS INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights (IPRs) are the rights associated with intangible property owned by a person or business and is prohibited from being used without permission are known as intellectual property rights (IPRs).
Protection of IPR allows the innovator, brand owner, patent holder and copyright holder to benefit from his/her work, labor and investment. Intellectual property refers to creations of the mind: inventions, literary and artistic works, symbols, names, pictures, models and industrial designs.
Two types of intellectual property are distinguished:
- Industrial property, which covers inventions (patents), trademarks, commercial designs and models, and geographic source indications.
- Copyright, which covers literary and artistic creations like as books, plays, movies, musicals, cartoons, photos, statues, and architectural plans.
WHAT IS TRADEMARK AND WHEN SHOULD APPLY FOR A TRADEMARK?
A trademark is a symbol that can be used to separate the products or services of one company/business/person from those of others. Intellectual property rights provide protection for trademarks.
Any business/person wishing to maximise the legal protection of its intellectual property should file a trademark application as soon as possible.
A trademark application should be submitted as soon as feasible by any business/person seeking to maximise legal protection for its intellectual property.
A trademark application can be submitted without the trademark having already been used in interstate commerce or even having an online presence. however, the trademark should be distinctive.
In fact, a trademark owner can register for a trademark on the basis of intent to use even though no actual activity has yet been done in connection with the brand.
When a business/person finds out later that another entity is using its trademark, waiting to apply for a trademark until you begin using it might lead to major financial and legal issues. Applying for a trademark early means you can identify, and work out any potential legal issues before you invest all your time and energy into the name. Early trademark applications may be advantageous to the interested business/person. So, Apply for a Trademark Before It’s Too Late.
What distinguishes a trade name from a trademark under IP law?
Trade name and Trade mark are completely different, although seeming similar.
- A trade name is the legal name that a person or business uses to do business.
- While a trademark provides businesses with legal protection for a specific brand that may be connected to a trade name.
- Using a trade name does not give you legal protection, however registering a trademark does.
What is a Trade Secret?
A trade secret is any information of commercial value concerning production or sales operations which is not generally known. The owner of a trade secret must take reasonable measures to maintain its confidentiality.
A patent is an exclusive privilege provided by the law to an inventor or assignee to prevent others from financially exploiting his or her patented creation without permission, for a set amount of time, in exchange for a thorough public disclosure of the innovation.
National laws and international treaties both have an impact on the granting and enforcement of patents. In most nations, a patent holder is given the exclusive right to forbid others from creating, using, selling, importing, or disseminating an invention for commercial purposes without authorization.
It’s important to get a patent since it can protect your creation.
The term of the patent is 20 years from the date of filing of the application. In case of PCT applications it is 20 years from the date of filing of the International Application under PCT.
Startups and small businesses benefit greatly from having patents since they can use them as negotiating tools to get sponsors and investors. Additionally, patents that are awarded in India increase the marketability and credibility of the innovator, his startup, or corporation. Due to the legal complexities, many inventors are not huge supporters of the patent system; yet, the advantages that accrue over time far surpass the initial difficulties. The majority of new businesses (start-ups) and inventors work with registered patent agents or registered patent attorneys who are familiar with the procedure and can help with patent registration and innovation commercialization.
What is the procedure for filing patent applications outside India?
There are two ways for applying Patent Internationally / abroad:
- Convention: Within 12 months of filing an application in India, an Indian citizen may submit one to any of the 173 nations that are signatories to the Paris Convention for the Protection of Intellectual Property (also known as the Paris Convention and the nations are referred to as Convention Countries). This application will be given priority over any earlier applications that were submitted in India. In this method, after filing in India, the applicant has the option of entering several nations within a year.
- Patent Cooperation Treaty (PCT): This is an additional method for submitting an application in a foreign jurisdiction. The International Bureau (IB) of the World Intellectual Property Organization oversees the PCT (WIPO). The International Phase is where it starts, and the National Phase is where it finishes. The application submitted during the international phase is known as the international application (IA), and upon submission, the applicant gains access to 143 additional countries that are PCT signatories.
An Indian applicant may submit an IB application in one of three ways:
- I) File the PCT International Application (IA) with India as the receiving office after six weeks and within 12 months of the first filing in India. The Indian Patent Office must be consulted for authorization under section 39 if an IA is filed within six weeks of a filing in India.
- II) Submit your IA to the Indian Patent Office, which will receive it. First, approval under Section 39 must be obtained from the Indian Patent Office.
III) Submit the IA right to the IB. First, approval under Section 39 must be obtained from the Indian Patent Office.
What is an Industrial Design or Model?
It is the aesthetics and ergonomics of a product. It consists of three-dimensional elements, such as the creation of the product’s shape, or two- dimensional ones, such as graphics, patterns and colors.
Industrial designs are used on a wide range of manufactured and handcrafted objects, including textiles, lighting equipment, jewellery, household furnishings, and a variety of packages and containers. Graphical user interfaces (GUI), logos, and graphic symbols may all be influenced by industrial designs.
An industrial design must be registered in order to be protected by industrial design law as a “registered design” in the majority of the countries. Industrial designs may be covered by “design patents” in some countries’ patent laws. Industrial design regulations in certain nations provide so-called “unregistered industrial designs” with time- and scope-limited protection without registration. Industrial designs may also be protected as works of art under copyright law, depending on the specific country law and the type of design.
Industrial design rights are granted for a limited period. The duration of the protection of industrial designs varies from country to country, but it amounts at least to 10 years. In many countries, the total duration of protection is divided into successive renewable periods.
What is a Geographical Indication?
Geographical Indications (or GI) are granted to identify products that bear a that have a strong connection to the region or a particular geographic area where they are found, produced, or originated. Basically, a geographical indication is a certification stating that a given product originates in a given geographical area.
The businesses and establishments in that area are given the protection and are allowed to use the “geographical indication” on the unique goods made there. This makes it possible for the owners of GI to respond quickly to any actual or potential violations of a registered Geographical Indication.
Do you know what is Copyright?
Copyright is a collection of rights available to the creator of an original literary, dramatic, artistic, or musical work who has spent his time and effort in creating it, to protect them against theft and unauthorized uses. Materials covered by the Copyright Law cannot be used without except in cases such as the fair use cause.
How long does copyright protection last?
Lifetime+ 60years from death of author after which work is in public domain
Can I use someone’s copyrighted work?
Yes, with authorization or unless its fair use.