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Intellectual Property Rights

Definition

Intellectual property is the product of the human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands,etc. Intellectual Property Rights do not differ from other property rights. They allow their owner to completely benefit from his/her product which was initially an idea that developed and crystallized. They also entitle him/her to prevent others from using, dealing or tampering with his/her product without prior permission from him/her. He/she can in fact legally sue them and force them to stop and compensate for any damages.

Protection of Intellectual Property Rights

Protection of IPR allows the innovator, brand owner, patent holder and copyright holder to benefit from his/her work, labor and investment, which does not mean monopoly of the intellect. Such rights are set out in the International Declaration of Human Rights, which provides for the right to benefit from the protection of the moral and physical interests resulting from the right holder’s work; literal or artistic product.

What is a Trademark?

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

Trademark Renewal

A registered trademark can be renewed in India for an unlimited number of times on payment of the official fees, failing which the mark becomes liable to be removed from the Register of Trademarks. Trademark renewal is valid for a period of 10 years.

Trademark opposition

trademark Opposition in India comes at a stage after the registrar has approved the trademark application on the distinctiveness factor and publishes the trademark in the journal for the third-party opposition. Anyone can oppose the published trademark within a period of 3 months which can be extended for a month more (3+1); beginning from the day it was first published. If the mark is opposed, an opposition proceeding is initiated. After which, both the parties involved need to come to a conclusion and the decision is taken. The decision whether the mark can be registered or abandoned would be made. There is no restriction on filing an opposition. Anyone who believes that the published mark might create confusion among the public can file for the opposition while the onus of defending the trademark lies in the hands of trademark registrant.

What is a Patent?

A patent is an intellectual property right relating to inventions and is the grant of exclusive right for limited period provided by the government to the patentee in exchange of full disclosure of his invention  for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.

An invention can be a product or a process that gives a new technical solution to the problem. It can also be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work.

The limited period mentioned in the definition above is of 20 years from the date of filling the patent application, provided the patent has been renewed on time by paying renewal fees

What is a Copyright?

Copyright is a legal means of protecting an author’s work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author.  Many different types of content can be protected by copyright. Examples include books, poems, plays, songs, films, and artwork

What is a Geographical Indication?

Geographical Indications are names associated with goods which identify such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or a locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin. Some examples of GI are Darjeeling Tea, Pochampalli Saree, Chanderi Saree, Kanjeevaram Silk, Champagne Wine, Scotch Whisky.

What is an Industrial Design or Model?

An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.