Intellectual property Rights
INTELLECTUAL PROPERTY RIGHTS
What is IPR?
Intellectual property is generally known as the intangible property. That the ideas, inventions and knowledge were created from the human minds or the human intellectual. The IPR which protects such innovative creations from preventing others from using or copying the intellectuals of the original owner. It acts as a protective barrier for the exclusive rights and original work of the inventors.
If you are going to start a business by creating various new inventions from your own creative ideas it is recommended to register your inventions based on their nature. There are various intellectual properties such as Patent, Copyright, Trademark, Tradesecret, Design, Geographical indication. In this article we are going to discuss the detailed overview of the forms of the Intellectual properties.
INTELLECTUAL PROPERTY RIGHTS
The term Intellectual Property Rights are used to refer to the rights which are conferred by the creator or the owner of the intellectual property.
According to the UDHR (Universal Declaration Of Human Rights) Article 27 states about “Everyone has the right to protect their original works which includes the scientific, literary, artistic works of the author. In the above statement that the person shall have the rights for protecting their intellectual properties if he is the owner of the such property.
Intellectual property can be in various forms. Those are the creations from the human intellectuals such as
- Scientific discoveries
- Marks, name, symbols, font, style, logo, etc.
- Literary works and other artistic works
- Inventions and novelty of the products
- Designs
- Recipes, taste
- Industrial properties etc..
For Example: The famous brand of Coca-Cola got their various intellectual property registration for their brand, they patented the taste of the drink, they trademarked the brand name and style, they registered their recipe under trade secret, they also registered under design for their unique bottles design. So the various registrations of the brand makes a way to achieve the brand sale on top. Registering the brand which prevents the original brand value, and the no third party shall not use or infringe our registered brand.
What is the Need for Intellectual Property Protection ?
There are various reasons which initiate the protection for the intellectual property through the enactment of the Intellectual Property.
- This prevents the third party person from enjoying someone's creativity.
- To promote or encourage the inventors and creators who made the new inventions from their creativity.
- To improve the fair trade system for the original creators.
- Providing the legal protection for the intellectual creations.
- Protect the business growth of the inventors in a particular field.
ADVANTAGES
There are certain advantages of the Intellectual properties, Those are,
- Basically it protects the business competitive advantages over the similar business.
- It prevents the unauthorized use of the intellectual property of the original owner.
- It helps to increase the brand values and promotes your brands for a separate value from the markets.
- It maintains a separate identity for your business.
COMPONENTS OF THE INTELLECTUAL PROPERTY RIGHTS
Mainly certain components are important for initiate the business
- Patent
- Copyright
- Trademark
- Trade Secret
- Design
- Geographical Indications
01 - Patents
Patent is granted for inventions which have higher industrial and commercial value. It gives the exclusive right to the inventors. Generally Patent is an exclusive right which is granted for an invention that is useful and new to the existing world. The registered patent which provides whole rights to the inventors.
For example : Wright Brother patented the airplane, Alexander Graham Bell patented Telephone.
Criteria for Patentability:
- The invention should be Novel
- It should have some steps for the inventions (Procedures).
- It must be non-obvious.
- It must be an industrial applicable capability.
Benefits of the Patent Registration:
- Patent registration which ensures the complete protection of your patent against any unauthorized use for the period of 20 years from the date of the registration.
- The registration which allows the owner to enjoy the monopoly of the product.
- License which grants the royalty for you invention
- It prevents the third party from manufacturing, using, distributing, selling etc.
These are the benefits which are availed from the patent registration of your products.
02 - Copyright
Copyright which covers the rights of the creator and authors works. The copyright gives an exclusive right to the author’s creations and it prevents the others from copying the original works. The copyright which prevents such infringements and protects the authors rights.
Exclusively copyright which protects the moral and economic rights of the authors.
WORKS WHICH ARE PROTECTED BY COPYRIGHT
The following works which are protected by copyrights are,
- Literary work,
- Musical work,
- Dramatic work,
- Artistic work,
- Sound recordings,
- Cinematographic works
Those works are covered under the original works of the author.
In India, Copyright protection extends that the lifetime of the author with 60 years from his death the protection remains for the work.
Benefits:
- Original works of the authors shall be protected from unauthorized use of others.
- Prevents unfair trade policies.
- Registration of the copyright which has a way to claim if it is infringed by others.
- Registration gives ownership and royalty for your work.
03 - Trademark
Trade mark is generally defined as the mark that is used to distinguish the brand. The mark which may consist of name, logo, slogan, symbol, style, letters which are considered as the trademark.
Example : The symbol of bitten apple which indicates the brand of Apple products.
Under section (2)(i) of the trademark act of 1999, which defines the “mark” as a brand, device, label, heading, name, signature, word, letter, numerals and also includes the shape of the goods, packaging or combination of colors or any type of combination which are used for the identification of the particular original brand. There are 45 classes are presented in the trademark, 34 classes are for the goods and the remaining classes are for the services.
IMPORTANCE OF THE TRADEMARK CLASSES
- Distinctiveness and clarity : It provides a clear framework for the identification and categorizing the correct and appropriate classes for the goods and services.
- Protection of mark : The trademark class helps to protect the wide range against the infringements within specified classes.
- Time efficients : The trademark class helps to save the time and efforts to to understand the classes of goods and services for the faster registration process with time efficiently.
- Market protection : Filing appropriate trademark class helps to protect the various similar products in the markets and provider wider business in market by categorizing the marks by class.
04 - Design
In simple terms, design means the application of the following features to an article that appeals to and is judged solely by the ‘eye’.
- Features of the shape
- Shape
- Pattern or ornament Lines/colors/combinations & Composition
Design registration is granted by the Designs Office under the Controller General of Patents, Designs and Trademarks.
BENEFITS
By registering your product design, you can distinguish your goods from those of your competitors and prevent others from infringing on them.
- Registering a design, bestows upon the owner exclusive rights to make, use, sell, and distribute the registered design. This exclusivity acts as a powerful tool by preventing others from unauthorized use or imitation.
- Registered designs often carry higher market value, as they carry uniqueness and originality in terms of competition. Design registration acts as a deterrent against unfair competition.
- Registering a design provides a legal basis for taking action against those who attempt to replicate or imitate a registered design, ensuring that creators are not unfairly disadvantaged in the marketplace. This protection is crucial in terms of businesses.
Duration of Protection: Registration is granted for an initial period of ten years, extendable for another five years, as stated under Section 11 of the Designs Act, 2000.
05 - Trade Secret
Generally, Trade secrets are one of the most important forms of intellectual property, because many confidentialities and secrets were protected by the trade secret. The tradesecrets which includes the design, drawings, plans, recipes, business strategies and confidential information.
For example: KFC protects their secret recipe for their KFC Chickens, Coca-cola protects their secret recipe for their drinks.
TYPES OF TRADE SECRETS
Basically the trade secret is determined only by the information, it is categorized by three types.
- Technical information such as computer programs, drawings, plan, manufacturing process, research works etc.
- Commercial Information which include as the distribution methods, business strategies, Advertisements etc
- Financial information, formulas, recipes, secret combinations of elements, source codes etc.
BENEFITS
- It helps to secure confidential information about the business.
- It protects the owner business from economic losses.
06 - Geographical Indication
Geographical indications, also known as GI in short, refers to an indication that identifies the goods, such as agricultural goods, natural goods, or manufactured goods, as originating in the country, region, or locality. This article explores the concept of geographical indications, the registration process, the benefits of protection, and notable examples from India and around the world.
What can be protected by registering a geographical indication?
In general, Protects regional goods from being imitated or reproduced
- Protects the regional value and quality of regional goods
- It preserves endangered regional goods and enhances their value on a global scale.
- Protects the hard work of regional workers and improves their livelihoods
- Protect consumers from counterfeit goods.
The success stories of renowned GIs like Darjeeling Tea and Swiss Watches underscore the positive influence on local economies, promoting a sense of pride in regional craftsmanship. The registration process not only offers legal protection but also enhances marketability, providing producers with a competitive edge in a globalized marketplace
INTELLECTUAL PROPERTY RIGHTS
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Conclusion
Intellectual Property Rights which grants the protection from all the unauthorized trade of their own creativity. Thus the registration which grants us the protection and security of the company’s intellectuals for a certain period.
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