As we all know in today’s competing era, each business wants to be identified in a unique and different way amongst all other, either by its own work, Symbol, discoveries, or invention which it also wants to reserve on its name or want to have ownership rights over them. These kinds of special rights are known as “Intellectual Property Rights”. Intellectual property refers to “creations of mind” and intellectual property rights are the rights provided by law for the exclusive use of creations of the mind. Examples of intellectual property include music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, designs, names, and images used in commerce.
Further, in present time the recognition and value of Intellectual Property Rights is growing day by day, protecting and managing intellectual property rights (IPR) is the first step for any business seeking to establish its presence in India and must be incorporated as an integral part of the business asset growth strategy. Moreover, a business can sell or license these rights to others and can have a good source of revenue.
There are various intellectual property rights such as trademark, copyright, patent, Industrial Designs, Geographical Indications. In India, the intellectual property rights pertaining to trademarks and patents are controlled by the Controller General of Patents Designs and Trademarks, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyrights are handled by the Copyright Office, Copyright Societies, Government of India. Based on the type of intellectual property right to be registered, application must be made to the concerned authorities in the prescribed form. Some of the intellectual property rights are briefed as follows:
TRADEMARK
In India Trademark is governed under the Trademark Act, 1999. A trademark means a mark capable of being represented graphically and capable of distinguishing the goods and services from others may include shape of goods, their packaging and combination of colours. However, the most popular form of trademark registration that prevails in India is trademark registration for a business name or logo. Once the trademark registration application is filed with the Registrar of Trademarks, the TM symbol can be used next to the logo. Once, the trademark is registered, the R symbol is placed next to the logo for indicating that the mark is a registered.
COPYRIGHT
The Copyright Act, 1957, as modified from time to time governs the law pertaining to copyright in India. The Copyright (Amendment) Act 2012, which was passed in 2012, was the most recent amendment. Copyright is a type of intellectual property right. Authors who have original works such as works of literature (including computer programs, tables, collections, computer datasets, expressed in words, codes, schemes, or in any other context, along with a device readable medium), dramatic, musical, and artistic works, cinematographic films, and audio recordings are all awarded copyright safeguards under Indian law.
PATENT
A patent is an exclusive right granted for an invention or which protects an invention. In India patent is governed by the Patents Act, 1970. The word invention refers to a new product or process involving an inventive step and capable of industrial application. By getting the patent registered the inventor can protect its rights and prevents others to use that registered patent without permission. To get a patent, technical information about the invention must be disclosed to the public in a patent application. The Office of the Controller General of Patents, Designs and Trademarks or CGPDTM under the Department for promotion of Industry and Internal Trade, Ministry of Trade & Industry. is the body responsible for the Indian Patent Act. A patent is granted for a term of 20 (twenty) years from the date of filling of the application.
INDUSTRIAL DESIGNS
A “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark. The registration of Designs is a good option to get your articles specifications registered. It is governed under the Design Act, 2000.
GEOGRAPHICAL INDICATIONS
Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods. GI registration is valid for a period of ten years, and may be renewed thereafter from time to time.
The registration of all these intellectual properties mentioned above involves complex legalities and submitting numerous documents. This requires expertise and familiarity with procedural norms to ensure fast and effective registration. We JKG Corporate Consultants LLP help you to get rid of all those complexities and getting your right registered effectively.
