Intellectual property rights and their benefits

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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.

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• 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

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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.

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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.

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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.

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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.

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• 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.

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• 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.

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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.
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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.
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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.

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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.

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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.

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• 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

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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.

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• 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.

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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.