Intellectual Property

Overview

Intellectual property refers to creations of the mind, such as inventions;  literary and artistic works; designs;  symbols, names and images used in commerce.
 
Intellectual property is protected in law by for the example, patents, copyrights and trademarks, which enables people to earn recognition or financial benefit from what they invent or create. 

Copyright

Copyright is a legal right granted to the creator of original works, such as literature, music, art, films, and software. In India, it is governed by the Copyright Act, 1957, which protects the creator’s exclusive right to reproduce, distribute, and display their work.

Why is Copyright Important?
  • Protects Creativity: Ensures that creators can control how their work is used and benefit financially from it.
  • Prevents Unauthorized Use: Legally protects against unauthorized copying, distribution, or modification of the work.
  • Adds Value to Business: Copyrighted materials like logos, designs, and software enhance the value and credibility of a business.
How to Obtain Copyright:

In India, copyright is automatically granted when an original work is created and fixed in a tangible form. However, registering the copyright with the Copyright Office provides legal evidence of ownership and can help in enforcement against infringements.

Benefits of Copyright Registration:
  • Legal Protection: Provides strong legal backing in case of disputes or infringement.
  • Public Record: Acts as a public record of ownership, making it easier to prove rights.
  • Monetary Benefits: Allows creators to license or sell their rights for economic gain.

Copyright is a crucial tool for protecting the intellectual property of businesses and individuals. By securing copyright for your creative works, you safeguard your business interests and ensure that your innovations are protected under Indian law.

Patent

A patent is an exclusive right granted for an invention, which can be a product or a process that provides a new way of doing something or offers a new technical solution to a problem. In India, patents are governed by the Patents Act, 1970.

Why is Patents Important?
  • Exclusive Rights: Grants the patent holder exclusive rights to use, sell, and license the invention.
  • Competitive Advantage: Provides a competitive edge by preventing others from commercially exploiting the patented invention without permission.
  • Encourages Innovation: Motivates businesses and individuals to innovate by providing a period of protection.
How to Obtain Patent:
  • Conduct a Patent Search: Ensure your invention is novel and not already patented.
  • Prepare and File Application: File a detailed patent application with the Indian Patent Office.
  • Examination Process: The application is examined, and any objections must be addressed.
  • Grant of Patent: If the application meets all requirements, a patent is granted for a period of 20 years.
Benefits of Patent Registration:
  • Legal Protection: Protects against unauthorized use and infringement.
  • Monetary Gain: Patents can be licensed or sold, providing a source of revenue.
  • Business Growth: Attracts investors and enhances market value by showcasing innovation.

Patents are essential for protecting and capitalizing on your inventions. By securing a patent in India, businesses can safeguard their innovations, maintain a competitive advantage, and potentially generate significant revenue.

Trademark

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products 

Industrial Designs

An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color

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.

Trade Secrets

Trade secrets are IP rights on confidential information which may be sold or licensed.  The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.