Intellectual property

Intellectual Property Services

Owners are granted certain exclusive rights to a variety of intangible assets under intellectual property law such as musical, discoveries and inventions, literary, and artistic works, words, phrases, symbols, and designs. Intellectual property is anything of value that cannot be physically touched, such as a brand, a trademark, a franchise, or a patent – any insubstantial asset consisting of human knowledge and ideas. Copyright law protects original written work – Patent law protects processes and inventions – Trademark law protecting words, symbols and names, used by businesses and manufacturers to identify their services and goods – Trade secret law protecting valuable information that has been kept secret by its owner. To encourage and protect the technology & the creator(s), the Intellectual property law emerged. The importance of Intellectual Property law was realized by many countries only in 20th century after this the world is moving towards Knowledge economy. Many International treaties were signed between developed and developing countries to enhance this law and protect the rights

Patent Registration

A patent is a grant of protection for an invention. Owning a patent gives you the right to stop someone else from making, using or selling your invention without your permission. A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention. a patent can be granted to any person who:Invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent, subject to the conditions and requirements of the law.

There are three types of patents

  • Utility patents cover anyone who invents a new and useful process, article of manufacture, machine, or a composition of matter.
  • Design patents include an original, new, and ornamental design for a manufactured product..
  • Plant patents go to anyone who produces, discovers, and invents a new kind of plant capable of reproduction.

Trademark Registration

Design registration gives the owner, a monopoly on his or her product, i.e. the right for a limited period to stop others from making, using or selling the product without their permission and is additional to any design right or copyright protection that may exist automatically in the design The registration and protection of industrial designs in 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 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.

Design Registration

A trademark (often called simply a “mark”) is a word, symbol, design, combination of letters and numbers, or other device that identifies and distinguishes a product or service in the marketplace. A trademark can be a company name, a product name, a logo—even a specific color, smell or sound, associated with a product or company, may be considered a trademark. Regardless of its form, the purpose of a trademark is always the same: to create a distinct identity for your product or service. The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register a trademark which qualifies for registration under the Act and Rules. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.

Copyright Registration

It is an exclusive right granted to the creator of an original work. The word “original” signifies that it should be void of plagiarism. The work can have similar identities with that of another but it should be interpreted from the viewpoint of the creator. In India Copyright law is governed by the Copyrights Act 1957

Copyright can be obtained for

  1. Literary Work
  2. Software Program
  3. Cinematography
  4. Dramatic
  5. Artistic
  6. Musical

When the creator of a particular work has obtained a copyright for it, signifies that any person who wishes to use the data from that work is legally responsible to obtain the “license” from him. To a certain extent the right of the creator is shielded by the “doctrine of fair use”, which implies that anyone can copy a limited amount of information from the original work under such conditions that it is in the interest of the public and does not vitiate the rights of the creator and does not steal the subject matter of the copyrighted work. Copyright differs from trademark as copyright is applicable for talent based work like literary and artistic works. The Validity of Copyright is Once a work that has been created is given a copyright protection it ceases to be valid till the death of the creator, and if he had offered his consent for the work to be exhibited in the public then the validity expires after his death if not it is extended for a period of 60 years from the death of the creator

Geographical Indication

A geographical indication is a sign that is tagged along with the name of the product. It is used on products which are associated with a particular geographical region. To prove that a particular product belongs to the category of GI, it is necessary to show that the raw materials required to produce that good are available in abundance in that particular geographical region. Similarly, it does not restrain any person from using the same raw materials in producing similar goods, it just forbids from producing the product with the name of the geographical region which has already been registered. Though GI becomes a factor that constrains innovation, it has been legally approved as it helps in containing the quality factor of the goods produced, and helps the people from being misled by goods produced maliciously. GI as such is a right acquired by a country and not by any individual. The rights under GI are valid throughout the world and any country which produces goods or services under the GI of another country can be made liable.