SERVICESIntellectual Property Right (IPR) Trade
Intellectual Property Right (IPR) Trade
The domain of intellectual property (IP) is vast. But it’s essential to have a good understanding of the most common rights that are offered through IP protection. The most commonly applied for are:
- COPYRIGHT:
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Copyright does not protect brands or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright also does not protect ideas or concepts. Therefore, copyright is mainly used to protect the creativity of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software.
- PATENT
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. An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented in India.
- TRADEMARK
Trademark is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one Enterprise on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. Hence, trademarks are mostly used to protect brand names, business names, slogans and more.
| Copyright | Patents | Trademark | |
|---|---|---|---|
| Governed Under | The Copyright Act, 1957 | The Patents Act, 1970 | Trade Marks Act, 1999 |
| Types of Protection & Works | Protection of original creative expressions like literary works, artistic works, dramatic works etc. | Protection of inventions that are novel, original and has industrial utility. | Protection of unique name that makes a brand distinct from other. Can include name, slogans, logo, shape, colour etc. |
| Provisional Application Requirement | No provisional application required. | A provisional application gets you 12 months of time to file a complete specification, and a priority date claim. | Trademark registration does not include provisional application, but it requires a trademark search. |
| Symbolic Representation | No symbolic representation to show registration. | No symbolic representation to show registration. | Used when registration is in process: ™ Used when registration is complete: ® |
| What’s Protected? | Under this Original works of authorship such as books, articles, songs, photographs, sculptures, choreography, sound recordings, motion pictures, and other works. | Inventions, such as processes, machines, manufactures, compositions of matter as well as improvements to these. | Any word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. |
| Requirements to be Protected | A work must be original, creative, and fixed in a tangible medium. | An invention must be new, useful, and nonobvious. | A mark must be distinctive (i.e., that is, it must be capable of identifying the source of a particular good) |
| Term of Protection | Author’s life plus 70 more years. | 20 years. | 10 years can be made perpetual by renewing the trademark every 10 years. |
| Rights Granted | Right to control the reproduction, making of derivative works, distribution, and public performance and display of the copyrighted works. | Right to prevent others from making, selling using, or importing the patented invention. | Right to use the mark and to prevent others from using similar marks in a way that would cause a likelihood-of-confusion about the origin of the goods or services. |
Some FAQs-
How do I register for a trade mark?
In India, registering a trademark is done through the Indian Trade Marks Registry (TMR), you must first conduct a trademark search then file an application for registration, one submitted, the TMR will review it and issue a trademark registration certificate if the application is accepted. Register your Trademark with FinAccy to access our expertise.
How much does it cost to register a trade mark?
The cost of registering a trademark in India varies depending on the class of goods or services associated with the trademark.
What is the validity of a trademark?
A normal registered trademark is valid for ten years, the owner must renew their registration.
Is my trademark application valid across the world?
No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
How long it takes to obtain Trademark registration?
Trademark application can be filed with the trademark registry in a matter of 1 - 3 days. However, it will typically take 6 to 24 months for the registry to complete their formalities and provide registration for the trademark.
When is the TM Mark used?
The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.
When is the R mark used?
The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided
What is the validity of Trademark registration?
Registered trademarks are valid for 10 years from the date of filing. The owner of the mark can file for renewal to keep the trademark protection current prior to the end of its validity.
Can titles or names be copyrighted?
A copyright registration does not protect the titles or names, short words, slogans, or any phrases. Only original literary work can get copyright registration.
What is the difference between Copyright registration and trademark registration?
Trademark registration protects the brand name, logo the slogan whereas copyright protection is provided to literary works, music, videos, slogans, and artistic contents.
How Long is the Copyright registration valid?
Once obtained copyright registration has a validity of 60 years. In case it is literary, drama, music works the 60-year validity is considered from the death of the author. But in the case of the films, sound recording, photographs the 60-year validity period is considered from the date of publication.
Copyright obtained in India is only valid in India or across the world?
According to the Berne Convention, copyright obtained in India will get the status of foreign workers and the copyright protection is extended to the countries which are signatories to the Berne Convention.
Is it possible to sell or transfer Copyright registration?
With the consent from the owner of the work, the copyright registration can be sold, transferred, gifted as well as franchised.
What are the benefits of copyright registration?
The holder can translate, reproduce, adapt, create the work, and also to the right to be credited for his contribution, a right for who can adapt the work to other forms.
How long does it take to obtain the copyright registration?
A copyright registration can be obtained in around 6-8 months considering factors like objection etc.
Is it necessary to publish work before copyrighting it?
Both Published as well as unpublished work can be registered, in case work is already published the details of the publishing are to be furnished with the application.
Can a copyright registration application get rejected?
Yes, in case of any discrepancy or incomplete documents a copyright registration may get rejected.
Who can obtain Copyright registration?
Any person or a business entity can obtain copyright registration. An individual can be an author, creator, musician, photographer, producer, painter, composer, or company.
What does a patent do?
An individual or firm obtains the intellectual property right of an invention, the patent right grants full rights over making, using, selling, or importing the products and services and also restricts others from doing so.
How to obtain Patent registration?
Following steps need to be followed to obtain patent registration. Patentability/ Novelty research Drafting the patent application Patent application filing Patent application publication Examination report issuance Granting the patent. Register your Patent with FinAccy to access our expertise.
Who can get patent registration?
The following can obtain patent registration: Art, process, method, or manner of the manufacture Machine, apparatus Any products produced by manufacturing Computer software with technical application and even product paten for food, chemicals, medicines or drugs.
For how long is the patent registration valid?
Patent registration is valid for 20 years.
What information is required to obtain Patent registration?
Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.
Why is it necessary to carry a Patent search?
As every year many inventions are patented, many of them are rejected as they are infringed. A patent search is advisable to save time and effort.