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Monday 20 August 2018
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INTELLECTUAL PROPERTY RIGHTS (like Trademarks, Copyrights etc…) : An Explanation

Intellectual Property is defined as the production or establishment of one’s thoughts and the seat of the faculty of reason. It is the classical and imaginative innovation, an arbitrary sign, names and images which are utilized in sales and purchase transactions having the objectives of supplying commodities. In simple terms, it is the creation of mind that leads to innovations used in commerce sector. The rights which are set by governmental body of law in order to protect this establishment of ideas are known as the Intellectual Property Rights. These rights allow the owners of the Applied and Registered Trademarks, patent and copyrighted works to prosper from their own creation of work and investment.

Article 27 of the Universal Declaration of Human Rights provide for the right to benefit from the protection of moral and material interests effecting from the ownership of the innovations. Intellectual property rights are executed in order to protect the innovations which play an important role in the progress of humanity on its capability to perform, to create and to invent new piece of work in the area of art, technology and culture and also the protection of such innovations allow the commitment and contribute to the progress of added resources for further innovations and inventions. The encouragement and protection of intellectual property (like Registered Trademarks, Copyrights etc..) not only brings about the creator but also verbalizes the encouragement of the economic, social and political growth which in turn creates jobs and industries resulting in intensifying the budding idea and economy.

In order to protect the ideas, innovations and inventions there are various intellectual property rights such as:

  • PATENT

Patent is defined as the right which is granted for an innovation and invention or a product and process that provides a new way of doing things and that provides a new solution to the existing technical or analytical problems. It provides a positive motivational influence to the individuals by recognizing and protecting their marketable inventions. It provides the owners of the patents with protection which is usually granted for a limited period of 20 years.

Patent protection means that the innovation cannot be commercially used, made or distributed without the consent of the patent owner. These rights are generally enforced by the court and the court holds the authority to issue a patent and also to deny the issue of the patent upon a successful challenge by a third party. Courts also have the authority to prevent the patent infringement.

Trademark is defined as the specific sign that is used to identify the certain goods and services which are produced and distributed by an individual or a company. This protection ensures that the individual and the company who owns the trademark have the specific and exclusive rights to determine goods and services, or to allow others to use them in return of the payment or monetary benefits. The period of the trademark protection varies but it can renew upon the payment of the parallel fee.

These rights are generally enforced by the courts, where the court has the authority to prevent trademark infringement and passing off of an Intellectual Property (like Registered Trademarks and TM Applications etc).

  • INDUSTRIAL DESIGN

Industrial design is defined as the exquisite, fancy or creative nature of an innovation or invention; it adds to the commercial value of the invention and increases its marketability. An industrial design consists of various features such as three-dimensional features (shape or surface of the innovation) and two-dimensional features (patterns, lines, colors etc).

Industrial designs are applied to a wide variety of innovations varying from technological innovations to industrial products to handicrafts and so on. Industrial design in order to be protected must be original, new and non-functional.

Industrial design protected is generally limited to the country in which the protection is provided.

  • GEOGRAPHICAL INDICATIONS

Geographical indication is defined as the sign which is used on goods that have a specific and exclusive geographic origin and possess the prominence due to that place of origin. Geographic indication is not limited to agricultural products; it is extended to anything that is due to the human factor found in the products place of origin.

  • COPYRIGHT AND RELATED RIGHTS

Copyright is defined as the protection which allows the creators, inventors, and artists etc to protect their work and innovation by preventing others from copying the work. Related rights are closely associated with the copyrights for more limited or shorter durations.

The creators, their heirs and successors have certain and various rights under copyright law which allows them to hold specific rights to use or to authorize others to use the work on agreed terms.

It provides the owners with the protection for a limited duration beginning with the creators work and lasting up to less than 50 years after the death of the creator.

For a detailed discussion on protection and Registration of your Intellectual Properties like Trademark Registration, Patent and Copyright Registration, TM Filing, Industrial Designs, Geographical Indications visit Company Vakil and their specialized Legal Experts will guide you through.