GLOBAL ERA OF TRADEMARK, COPYRIGHT AND DESIGN
Copyright, design, and trademark are only a few kinds of intellectual properties. 3 kinds of intellectual property are highly diverse from one another, although they are often mixed up.
The definitions of copyright, design, and trademarks are briefly discussed here, along with a conversation of how suchprocedures of intellectual property vary from copyright.
To begin, the primary divisions of intellectual property rights are as follows: –
1. Trademark rights are available for names, shapes, and logos, among other things;
2. Copyright protection for artistic creative works in the fields of art, literature, and music;
3. A patent that confers a temporary monopoly on the use and exploitation of a specific product or technique; and
4. Design rights, which protect three-dimensional products such as cutlery, trade dress, motifs and designs on fabric/ceramic, and so on.
This implies that the owner of intellectual property retains total control over it and that no one else may directly replicate it. Copyright law safeguards the owner's original material against infringement or duplication. This style of work is referred to as an Authorial Work (OWA). Any individual who creates unique material by his mind immediately owns copyright. However, the owner may register it to avoid future legal complications
While copyrights, trademarks, and patents are sometimes used interchangeably, they each provide unique types of intellectual property protection.
In Australia, copyright protection is automated; unlike in India, you do not need to apply for copyright protection. It becomes protected the moment it has a tangible form. However, it is critical to remember that simple ideas cannot be protected. It must take on a physical form in order to be protected
Once it is protected, it must be repurposed with the author's permission; otherwise, it is considered violating the owner's right. Without the owner's approval, they may be used for the following purposes:
1. As a source of study material
2. Criticism of the proprietor's point of view
3. Communicating with the media, etc.
This involves creating, presenting, placing on the market, and importing/exporting a specific design that may be used only with the owner's permission.
Once you've created a design that fits the requirements of the person who commissioned it, such a plan may be implemented/executed only once it has been registered.
According to Indian law, Industrial Design protection is a sort of intellectual property right that grants chosen individuals the exclusive right to create, sell, and use goods that embody the protected design.
The following conditions must be met in order for a design to qualify for protection:
1. It should be unique and innovative.
2. It must pertain to a functioning item.
3. It should be evident on the final product.
4. It should be obscure.
5. The design should not have been previously published or disclosed.
The shortest-term designs last 15–10 years and may be extended an additional five years.
The design seeking protection must be novel or original, that is, it must not have been previously exposed to the public in India or elsewhere in the globe by publishing, usage, or any other means. Additionally, the design must be free of scandalous or obscene material, as well as features that are merely practical in nature.
A trademark is "any term, slogan, sign, or pattern which specifies & differentiates origin of one party's products from those produced by other parties," as defined by the United States Patent and Trademark Office (USPTO). A service mark may be any distinctive term, slogan, sign, or pattern that distinguishes a service provider from a product manufacturer. Trademarks include things like corporate names, slogans, & logos. (People often use the terms "trademark" and "service mark" interchangeably.) Like copyright, you don't have to registering trademark or service mark to get protection, but the law says that doing so has a number of advantages.
COPYRIGHT AND DESIGN PROTECTION
1. Copyright is an inherent right that safeguards the integrity of creative literary, dramatic, musical, and aesthetic works. A design right safeguards an object's or portion of an object's aesthetic appearance.
2. A quick look at the Copyright Act, 1957, shows that a copyright is any creative work that gives the author the right to use it only ("Copyright Act"). The Designs Act of 2000 (the "Designs Act") says that a design is an outside element that is added to an object and is only judged on how it looks.
3. The work is covered by copyright once it is physicalized, but a design is not protected until it is registered.
4. Unlike copyright, which is an inherent right, design is a legislative right.
5. Once a design is registered, the owner must waive copyright protection.
A copyright in an unregistered design expires when the thing with that design was applied is copied above50 times through an industrial procedure, according to a judgment rendered by the Delhi High Court.
DIFFERENCE BETWEEN COPYRIGHT AND TRADEMARK
Intellectual property, also known as intangible assets or mental creationsthat are utilized in commerce. Trademarks and copyright are two examples of this kind of property.
When it comes to company intellectual property, this might broadly refer to any business concepts, as well as the works or processes that result from such ideas. Having said that, in the United States, intellectual property is legally protected via the use of trademarks, copyrights, and patents.
Therefore, While both copyright and trademark registrations give intellectual property protection, trademark registration is more involved and requires a broader scope of ownership than copyright registration does.
Generally speaking, copyright safeguards literary and artistic creations like books and films and is automatically created during the creation process. In contrast, a trademark, which has to be more thoroughly registered with the government to provide the strongest legal protection, guards components that help define a company's identity, including a corporate logo or phrase.
TRADEMARK REGISTRATION AND DESIGN REGISTRATION
The registration of a trademark and a design differs significantly. Both are intellectual property, and even though they may first seem to be the same, knowing the differences between them is essential to making sure your IP is properly secured.
Brand identity is safeguarded with registration of the mark, while product aesthetics are safeguarded through design registration.Even contemplating this statement may cause you to wonder—what is the difference between the two? To be sure, there are at least five distinctions between design and trademark registrations that you should be aware of at all times.
1. Definitional distinction:
•A trademark is a mark that distinguishes your company. It might be a word, a logo, or anything else. This mark helps to set your products apart from the competitors. A trademark registration provides protection against misuse of certain marks.
• A design is a depiction that is entirely diagrammatic. Patent registration is used to safeguard the designs.
2. Distinctions in protection:
• A trademark registration is intended to safeguard the emblem of a firm. The appearance of the trademark is what defines it as a trademark. So that other businesses cannot use the identical mark without danger of being sued, protection is offered. Additionally, prior to the registration procedure, a trademark search is necessary.
4. Distinction in the protection act:
- Trademarks are protected under the Trademark Act of 1999. According to this law, only marks that may differentiate one person's goods and services from those of another person and can be depicted graphically are eligible for registration.
- A design is protected under the Design Act 2000. According to this act, only those aspects of an article's form, arrangement, ornamentation, pattern, or use of any industrial method or means, whether physical, mechanical, chemical, or a combination thereof, to apply lines or colors to it, and whether applied in two dimensions, three dimensions, or both, are protected.
5. Distinction in statutory rights:
• A trademark possesses certain statutory rights. To that purpose, an unregistered trademark is not subject to denial in the event of legal action or representation.
• Legislative safeguards are also in place for designs. However, these rights are not as powerful as trademark rights.
Every day, as technology advances, the overlaps and hence conundrums in evaluating matters involving Intellectual Property Rights grow. It is vital that the government enacts stronger legislation that governs overlapping concerns in a clear and plain manner.
Right now, all that exists are the ways and viewpoints taken by the country's courts to deal with the overlapping. It is not the judiciary's role to figure out how to apply unclear statutes. It is critical that the legislature recognises and addresses the problems.