IPR in India - Difference between Copyright, Patent and Trademark

Introduction

Any person who produces a literary work or invents an industrial technology shall be entitled to certain privileges, such as the exclusive right to such literature or invention, the right to such intellectual property to receive monetary benefits. All such rights accruing to a person from the establishment of intellectual property are referred to as Intellectual Property Rights.

A person or corporation can possess Intellectual Property Rights. Generally speaking, rights surrounding literary works are owned by a person and industrial innovations are held by businesses. Although, there are also exceptions to this point, too.

Historically, the first scheme of intellectual property protection came in the form of the Venetian Ordinance in 1485. It was followed in England in 1623 by the Statute of Monopolies, which expanded patent rights for technical innovations. The patent laws of most European countries were established between 1880 and 1889. In India, the Patent Act was passed in 1856, and remained in effect for more than 50 years, and was later updated and revised and renamed the "Indian Patents and Designs Act, 1911".

Intellectual property rights are civil rights that regulate the use of human-minded inventions. The acknowledgment and safeguarding of such rights are of recent origin. Industrial Property is known to be Patents, Designs, and Trademarks.

Types of Intellectual Property

1. Patent

Patents are the protection given to a person for the creation of a product or a method that provides a new way to solve or do something about a problem. The innovation of the invention is the key test for the award of a patent. A person who demands a patent for his invention must demonstrate that his invention is new. This refers to the technology already existing in the area of his invention. The grant of patents in India is regulated by the 1970 Patents Act.

To know more about, What is Patent Law and why it is important for your business, see the video below -

2. Trademark

A trademark is a distinguishing mark by which the identity of the manufacturer, producer, or supplier of services is identified. These may be in the form of a written name, sign, or logo. Recent developments have seen that it is also possible to patent the packaging shape. A trademark allows the customer to associate a certain level of quality to his goods and can be easily depended upon by the consumer when selecting the products in an open market.

A trademark is licensed for a specified period of time. But unlike trademarks, by paying licensing fees at the office concerned, a trademark may be extended for as long as the owner wishes. They may both have trademarks, as well as businesses. The granting of trademarks in India is regulated by the 1999 Trademarks Act.

To know more about, What is Trademark and why it is important to your business, see the video below -

3. Copyright

It also preserves the rights that come from the artistic creations of this nature. They are known as Rights Linked. There are privileges that have been accrued because of the copyrighted content's availability. Such examples of similar rights are an artist's right to perform, a music producer's right to digitally recreate their music, etc.

To know more about, What are Copyright Law and its advantages in registration, see the video below -

Individuals as well as businesses can own copyrights. Unlike other types of intellectual property, the holders of copyright enjoy the rights for the duration of its creation. Also after their death, depending on the jurisdiction, copyright continues to exist for a period of 60 years. In such a case, copyright controls are exercised by the holder of the copyright.

4. Industrial design

Industrial design refers to a product's visual features, which cannot be covered by a patent. It can be a three-dimensional design or a wall. It should be non-functional in nature i.e., it should be strictly decorative in nature and not useful. Under Industrial Design, a large category of items such as scientific equipment, medical instruments, clothes, ornaments, etc. may be covered.

5. Geographical Indication

An 'Appellation of Origin' geographical indication is used for goods that can be made in a particular area only. It means that, due to the specific geographical condition of that place, products with such GI can be manufactured only in that part of the world and not anywhere else. "Bordeaux wine" for wines produced in the Bordeaux region of France and "Basmati rice" for rice produced in India are some examples of such products.

Differences between Copyright, Patent, and Trademark

Conclusion

Indian law includes a limitation on trademark assignments, whether registered or unregistered, which would establish multiple exclusive rights for more than one person, resulting in confusion. However the restricted allocation, such as products to be sold in different markets, i.e. within India or for export, is valid. The Registrar is entitled to give, on a statement of the case, a certificate of the validity of the proposed assignment to the proprietor of a registered trademark who proposes to grant the mark. The said certificate is definitive as to validity unless vitiated by fraud. Also true are the assignments under which exclusive rights are generated with regard to different markets within India.

BY-

Saumya Krishnani