Intellectual property rights and their benefits
In this blog, we have discussed about the intellectual property rights and their benefits in a user friendly manner.
Chiefly, Intellectual property rights are the legal protection offered to the owners for the protection of their property. To protect your idea form someone, you need to secure your idea using one or more of the four different types of intellectual property. IP’s are usually given to the creator of the product the rights to use his creation for a certain period of time
Intellectual property rights enforcement :
Intellectual property system was developed to make its intended beneficial contribution to economic and social welfare. It plays a vital role in extending timeless services to the people over the country. The TRIPS Agreement broken new ground in the multilateral law by setting out general principles for the enforcement of IP rights. Moreover, it makes effective, balanced and fair procedures available that provide for necessary remedies while also ensuring there are no obstacles to legitimate trade and providing safeguards against misuse of enforcement measures.
The types of intellectual property rights:
There are four types of intellectual property rights such as trade mark, trade secrets, patent, and copyright etc.
In the second place, multiple types of intellectual property rights that can be used to protect an invention:
Most of the people do not know that they are able to protect their invention using multiple types of IP rights. However, most of the products can be protected by intellectual property rights. For example, bottle of Coca-Cola®. The brand name “Coca-Cola,” is a trademark. In addition to ,the reaction of the actual soda is a trade secret and the copyright protects the packaging art. The shape of the Coca-Cola bottle is protected by design patent and trademark.
How trademark registration is advantageous to your business?
Trademarks are usually known to be brand name or logo more than its legal term. It is a combination of symbols, names, words, numerals that is graphically registered as trademark under the trademark registration act, 1999. In addition, the registration of the trademarks grants the user, certain rights to use the unique symbol in order to distinguish the products in the form of goods and services from those competitors present in the market. However, the Brand Name registered with respect to services is known as the service marks.
Trademark act, 1999:
The section 2(1) of the trademark act, 1999 is an inclusive one and it covers within its ambit anything that is capable of being graphically represented and distinguishing any product. in fact, it was found that motion mark cannot be presented in its pure form; it must be presented before the registrar as a combination of marks. For instances, sound and movement are presented together, like in the case of Sony Ericsson and Nokia. The Indian Trademark Law and Practice have expanded its purview recently to accommodate protection of various and different types of non- traditional.
Concerning registration of an Unconventional trademark, a Draft manual has been developed which mentions that the trademark law is to be interpreted broadly. Draft manual elaborates on the registration and protection of trademark which are not conventional, such as colour trademark, smell trademark, the shape of goods are all protected keeping in mind public interest of the company.
The primary considerations of trademarks:
The primary considerations for according trademark protection in India are that the mark must be capable of:
- Being graphically represented; and
- Distinguishing any product
Benefits offered by Trademark Registration:
Further more, a creator of the brand enjoys the exclusive right by not allowing the third parties to use his marks without his consent. It gives the right to sue the unauthorised user of the Trademark Registered. However, the rights are granted after issue of registered certificate only under the class applied. This right cannot be appealed for an activity which is not covered by the applied class.
Creation of Goodwill and Trust:
The quality of your product and services are known to everyone through the trademark which establishes trust and goodwill among the customers. Once, the brand name is legally registered it creates a positive image among consumers. It also helps in creating permanent customers who are loyal and opt the same brand.
Set your products apart:
In essence, Trademark creates a unique identity for your products to distinct from competitors who acts as an efficient commercial tool to market the product. Further more,the logo will communicate your vision, quality or unique characteristic of your products to the third parties.
Recognition of product’s Quality
A registered brand name gives recognition to the quality of the product. Customer’s gets attach with the product’s quality. An image is created in the market about the quality of a particular brand which helps in attracting new customers as they can differentiate the quality of a product by the logo or brand name.
Use of R symbol:
Once the trademark is registered you can use the R symbol along with your brand name. Further, no one can use the same trademark. It is exclusive for all types of usages as well as rights. Thus, this will be a direct intimation to third parties regarding ownership of trademark. If someone else use the trademark then you sue the party if the trademark is registered.
Protection for 10 Years at negligible cost:
Trademark registration can be done on a very low maintainability cost. Once the trademark is registered you have to just pay the maintenance cost and renewal cost which is after 10 years from the date of registration. The registration is cost efficient and helps your organisation to create a unique image with legal protection of 10 long years at nominal cost.
Besides, the copyright registration is one of the intellectual property rights that is created to protect the exclusive and original work of any person. In fact, it is a legal right created under the law to protect intangible things like ideas, creativity and thoughts in a tangible medium that is when these are written, published or saved in a tangible medium or by means of expression. Moreover, Copyright cannot be claimed if the work is not original, exclusive and transferred to a tangible medium.
Further, the main aim of copyright law is to safeguard the ideas and creativity of the authors from infringement by other artists. Authors or copyright holders can have financial gains by licensing their work for further printing, broadcast, converting into another medium for cinematography, etc.In particular, copyrights can also be sold or transferred to others. This makes copyright similar to other conventional types of property. Moreover, Once the copyright is registered it is valid for 60 years. On the death of owners, the nominee can look after the properties.
The main usage of copyright:
The common usage of copyrights is assignment and licensing. Besides, in India, assignment of copyright will be valid only if the same is done in writing and is signed by the assignor on the duration of the assignment associated with such copyright. A copyright holder can assign the entire or part of copyright with certain limitations in any current or future work. After an assignment, the assignee is treated as the owner of the work for the rights which have been assigned to him.
Similarly, the licensing helps the copyright holder to have monetary gains for distribution or use of his copyrighted work. This is the main incentive for any person to develop a work which can be copyrighted. Consequently, an exclusive license is the license that gives the licensee the rights in a copyright to the exclusion of all other people including the copyright holder. A non-exclusive license is where there might be several other licensees.
Copyrights – Licensing and Assignments:
Moreover, once a legal representative gets the ownership of a copyright, he has absolute control over the rights associated with the copyright. He has the right to use the works for all monetary gains till the protection term lasts. However, financial exploitation like licensing and assignment can happen in the name of the original author unless the original author has transferred his moral rights. Hence, this ensures that the original author is given acknowledgment for his rights during the whole period of the protection of the copyright.
How to know type of patent is better for your invention?
If when you describe your invention to others, you describe the invention in terms of its function or utility, a utility patent registration will be the best type of protection.
Specifically, if your invention is described in terms of its aesthetics, then design patent application will be the best type of protection. The design patent protects pattern design, layout, ornamentation, sculpture and other aesthetic features of a product.
Sometimes, if you need to explain your product by using words that describe both function and aesthetics. In that case, you may be able to get both types of patents. However, if funds are limited, you may have to choose one of the two types of patents that are better suited for your invention. Seek competent patent counsel in this instance since a patent attorney would be best able to help you make the right decision. Specifically, The design patent will valid for 15 years from the date of your filing. The utility patent will be valid for 20 years.
The process for getting a patent:
Step 1: File an application for patent with the United States Patent and Trademark Office (USPTO)
Step 2: Examination of patent application
Step 3: Respond to any objections /rejections made by the examiner.
Step 4: Patent grant
The design protection is known as design patent and the protection is provided under patent law, there is no separate legislation like India although if you are seeking protection in a country other than India you need to make an application separately although you can take priority by providing date of the application filed in the party.
Design registration protects the products features, shapes, ornamental value or pattern of the article. Functional aspects of the design will not be protected under the design law. The functional aspects can be protected under the trademarks. The design for registration should include the following to be considered registerable:
- The design should be original. The originality of the products is applicable to the products that is not published anywhere around the globe. The design registered should be distinguishable from any existing or known design in India.
- Originality in the article means that the design must be originating from the author’s mind; which can include old design but the application for it must be new.
Since design registration protects the aesthetic value of the product on the condition that the design is registered with the intellectual property office as in India unregistered design do not receive protection. Hence if you have a design that you might think have unique aesthetic value register it immediately before the design is copied and registered by any other proprietor.
The Industrial Designs Bill, 1999 are replaced by the Designs Act, 1911. Industrial design involves creating products with maximum function, value, and appearance for manufacturers and consumers. The designers create original designs or existing design by the guidance of their clients and manufacturers specific requirements.Like wise, they often work with project managers, marketers, engineers, and manufacturing professionals.
Consequently, these designers are highly required by every individuals these days, as consumers and companies demand wearables, products relating to the Internet of Things (IoT), and innovative technology. Because industrial designers utilize an imaginative process, they seek inspiration and new ideas while developing concepts and designs for manufactured products. Further more,they also seek tips and strategies by using tools such as Auto desk, solid works, and 3D modelling and printing.
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