Whenever goods and services are produced or invention and innovations are made or artistic creations are developed there is always one important question that arises “When it comes to protecting the end result of a process as to what protection will be more relevant and beneficial?” As Intellectual Property 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 Trademarks (Registered Trademarks or applied TM’s or even Unregistered TM’s), patent (provisional or full), industrial design, geographical indication and copyrighted works to prosper from their own creation of work and investment.
There are various questions which are kept in mind while differentiating between these rights:
- What does it protect?
- Trademark Registration in India protects a name, symbol, word, slogan, design and any other image that is used to identify a business or brand.
- Copyright protects the tangible form of an idea such as the original works of motion pictures, photographs, choreography and other creative works.
- Patent protects inventions and technical innovations with new and improved functions.
- Geographical indication protects the geographical origin of the agricultural, manufactured, industrial products and handicrafts.
- Industrial design protects the innovative exquisite or creative presentation or appearance of any article or creation of use.
- Who can seek protection?
- Trademark protection is filled by the business and product owners.
- Copyright protection is filled by authors, artists, choreographers and other creative professionals.
- Patent protection is filled by inventors and designers.
- Geographical indication protection is filled by industrialists, agriculture producers and handicraft producers.
- Industrial design protection is filled by industrialists and inventors.
- For how long the protection is granted?
- Trademark protection is granted for an unlimited time period but it has to be renewed after every 10 years.
- Copyright protection is granted for lifetime but in case of economic rights, the rights provided are for limited duration starting with the creation of work and lasting for not less than 50 years after the death of the creator.
- Patent protection is granted for a limited time period of 20 years and it cannot be renewed. Provisional patent is granted for a limited time period of 1 year.
- Protection for Geographical Indication is granted for a time period of 10 years which can be renewed from time to time.
- Protection for Industrial design is granted for a limited time period of 10 years and it can be further renewed once for an additional limited time period of 5 years.
Overall, all the intellectual property rights along with providing protection also enables and promotes economic development by acknowledging and encouraging the creativity in the manufacturing, industrial and traditional art & crafts sector. It also provides the customers with an insight before purchasing the product and widens economic sector by booming the business from industry to industry all based on whether the products specific and exclusive characteristics and quality as indicated by its unique protection meet the needs of the marketplace and the consumers.
For detailed insight on how to protect your Intellectual Property i.e. Trademark Registration, TM Filing, Copyright, Patent etc. visit Company Vakil and have a detailed discussion on the same.