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Intellectual property rights and their benefits

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Title: Intellectual property rights and their benefits


1
Intellectual property rights and their benefits
  • In this blog, we have discussed about the
    intellectual property rights and their
    benefits for people in a user friendly manner.

2
  • 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. IPs are usually given to
    the creator of the product the rights to use his
    creation for a certain period of time

3
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.

4
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.

5
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.

6
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.

7
  • 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
  • EXCLUSIVE RIGHTS
  • 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.

8
  • 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 PRODUCTS QUALITY
  • A registered brand name gives recognition to the
    quality of the product. Customers gets attach
    with the products 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.

9
Copyright registration
  • 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 organization 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.
10
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.
11
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.

12
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.

13
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.

14
  • 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

15
Design registration
  • 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.

16
  • REGISTERED DESIGN
  • 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 authors mind which
    can include old design but the application for it
    must be new.
  • UNREGISTERED DESIGN
  • 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.

17
Industrial design
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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