The term ‘Intellectual Property’ relates to the creation of the human mind and human intellect.
Alternatively stated, Intellectual property refers to the shred of facts & figures that can be incorporated in a substantial entity in limitless editions at a number of places in the world simultaneously. The intellectual property right does not vest in those copies but in the information contained in those copies.
A trademark, copyright, or patent right are the important IPRs. They are known as Incorporeal Assets. Like patents, copyrights and trademarks represent title to the property, they can be sold or assigned by the owner or holder thereof to another person following the law. The most important objective of IPR is to serve as a powerful incentive for entrepreneurs to invest resources in creating ideas and inventions. In this way, research and development are encouraged.
Customers recognize the product by its “TRADEMARK”. The importance of trademark is increasing rapidly with the growing businesses. It’s a valuable property for any organization.
Trademark is the symbol that tangibly represents, and is able to differentiate the goods or services of one person or company from the others. It may also incorporate the shape of the product, it's packaging, and the amalgamation of colors.
The duration of registration of a trademark shall be for a period of 10 YEARS, but the same may be RENEWED from time to time. The Registrar shall, on the application made in the prescribed form in the prescribed time along with the prescribed fee, renew the registration for a further period of 10 years from the day of termination of the primary registration.
An application for registration of Trademark shall be filed with Trademark Registry in prescribed Form with all requisite documents, mark or logo which need to be registered and a power of attorney in favor of Trademark Attorney.
Copyright is a privileged entitlement to replicate or approve an alternate person to recreate different sorts of products like dramatic, creative, literary, or lyrical works. It also extends to sound broadcasting and cinematographic films. Copyright protection is limited to the author’s particular expression of an idea, process, and concept in a tangible medium. However, the law permits fair use.
To be copyrighted, work must show certain minimum levels of creativity and originality. Copyright protection is not granted for an abstract idea nor can facts be copyrighted. Only the author’s manner of expressing the idea of compiling the facts can be copyrighted.
The normal term of copyright is throughout the lifetime of the author plus 60 years from the beginning of the calendar year next following the year in which the author dies. In the case of joint authorship, an author who dies lest will be considered.
In the case of anonymous (without disclosing the name) and pseudonymous (under assumed name) work, the term of copyright is 60 years from the calendar year in which the work is published. However, if the name is disclosed, the term of copyright will be 60 years from the calendar year next following the year in which the author dies.
In the case of posthumous work, copyright shall subsist for 60 years from the beginning of the calendar year next to the year in which the work is first published.
Any alternative person like a broadcaster, author, or owner who is interested in the copyright of any work can apply to the Registrar of Copyright through the authorized form. Every such application should be made in respect of one work only. The application should be made in triplication and accompanied by the prescribed fees. The person applying for registration shall simultaneously send a copy of the application for registration to every other person interested in the copyright of the work.
The objective and purpose of patent law are to encourage scientific research, new technology, and industrial projects. Permit of any entire authority to possess, utilize or trade the formula of an invention or any product itself for a restricted time-limit, revives new creation of its merchandising benefit.
Patent means a patent granted under the Patents Act, 1970.
Patents, generally speaking, is a grant from the Government which confers on the grantee, for a limited period of time, the exclusive privileges of making, selling, and using the invention for which patent has been granted and also of authorizing others to do so.
What can be patented? The answer is any ‘invention’ may be patented. Wherein ‘Invention’ means a new product or process involving an ‘inventing step’ and ‘capable of industrial application’.
‘Inventing Step’ means a feature that makes the invention not obvious to a person skilled in that art.
‘Capable of Industrial Application’ about the invention means that the invention is capable of being made or used in the industry.
Thus, ‘Patentable Invention’ is an invention relating either to a product or process that is new involving an inventive step, and capable of industrial application that can be patented.
Procedure for Grant of Patent
An application for a patent of an invention may be made by an applicant with the provisional specification regarding the nature of an invention. A provisional specification is that it can be filed as soon as the patent is conceived and for the recorded priority date. But the application is only examined after the complete specification has been filed.
The complete specification in the document, which contains a detailed description of the invention along with the drawing and claims. Besides, the elaborative illustration for its preceding artwork is also comprised in the out-and-out statement.
On receipt of the application, the application for Patent shall be published in the Official Journal. At this stage, the application can be opposed & if required, an opportunity of being heard shall also be given to the person making the opposition. Notice of opposition shall be filed within 3 months from the date of publication of the application in the Official Journal or before grant of Patent, whichever is later.
Thereafter, the Controller of Patents shall grant the patent, provided either-
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