The intellectual property theft in the current scenario has affected people on a large scale as compared to the times back. In the current scenario, one needs to protect their work, ideas, and inventions from people who manage to steal the work and the credits for it.
Intellectual Property grants the safety which you require in order to protect your work. There are three categories of intellectual property, copyright, patent, and trademark. This article explores each of the three categories in order to provide a basic idea of what each of them means, and cover.
WHAT IS COPYRIGHT?
Copyright is the form of protection that is granted to authors for their original work including literary, dramatic, artistic, musical, and certain other intellectual work. It protects the original authorship. Copyright protection is granted for both, published as well as unpublished works. An exception for using the work for which copyright has been provided is the doctrine of fair use. The doctrine of fair use allows the distribution of copyright material for educational, news reporting, or scholarly use.
A copyright is secured automatically when the work has been created. The registration of copyright is not necessary; however, it is preferred to get copyright registered in order to gain legal protection from copyright infringement.
Copyright is granted under the Copyright Act of 1957. The time period for copyright is the lifetime of the author plus 60 years after the death of the author.
WHAT IS PATENT?
While copyright secures the original work of authors and artists, a patent is used to protect new inventions. A patent is the grant of the right to the inventor. Patents can be used for inventions that are novel, original, and industrial utility. An example for patents would be a new invention for the pharmaceutical industry this may also include chemical compositions.
There are three kinds of patents:
Patents, in general, have validity for 20 years from the day the application is first made. A patent is a territorial right, which implies that if one applies for a patent in India, it will be valid for 20 years only in India. Separation applications are meant to be filed in other countries where one wishes to acquire a patent for their invention. A patent is granted under the Patents Act of 1970.
WHAT IS A TRADEMARK?
Trademark is a form of intellectual property that is a recognizable sign, design, or symbol. It represents a particular brand name in the market, which helps in identifying and distinguishing that product from other products. Trademark is usually provided for the protection of brand names. Trademark can be granted for shape, size, slogan, name, color, etc.
Trademark is an essential part of a business. It helps the company to communicate with the customers in a better manner since the company cannot directly interact with the consumers or the customers. It helps to catch the attention of the customers quickly. Innovative trademarks can help a business establish its identity different from others. It helps the consumer to remember your brand name easily by associating it with the trademark. It generates more goodwill and credibility in the market for your brand.
Trademark is governed under the Trade Mark Act of 1999. The validity of a trademark is generally 10 years; however, it can be made perpetual by renewing it every 10 years.
Thus, these are the Intellectual Property rights that can be availed in order to protect the infringement and misuse of Inventions, books, content, or even machines, depending on the nature of the product that has to be protected.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
