IPR stands for intellectual property rights covering various branches of trademarks, patents, copyrights, designs and geographical indications.
Frequently Asked Questions
Designs, Patents, trademarks and geographical indications are under the hands of the Controller General of Designs, Patents and trademarks, which is under the control of the Department of industrial policy and promotion authorized by the Ministry of Commerce and Industry. Copyrights is governed by the Ministry of Human resource development.
Trademarks are simply called “symbols or logos”, by which a company or firm distinguishes the products produced by them from that of the others. It usually consists of words, symbols, three-dimensional images and may also include a combination of colors.
Any symbol or word that is very popular among the majority of the population, and wherein the words used provide a description of the business carried on.
Initially a trademark search has to be conducted in order to device a unique trademark. After which the devised trademark is sent for registration and is published in the trademark journal to receive the acceptance from the public. If any objection has been raised then the case is heard in court. But if no objection has been raised within 90 days of publishing it, then the trademark will be registered within 12 weeks to 1 year
The initially registered trademark is valid for a minimum period of 10 years, and can be renewed further for any term by paying the renewal fees.
Copyright is a legal sanction given to the creator of a thing permitting him to copy, transfer and distribute his work.
It protects the creators of original works in the form of literary, musical, dramatic, artistic, cinematographic and sound recordings.
In the absence of an agreement to the contrary, the employer is considered to be the owner of the work created by his employee.
Copyright can be registered for both published and unpublished works. In case of unpublished works, two copies of the manuscript along with the application, one is duly stamped and returned and the other will be retained. Three copies of work is attached to the application in case the work has already been published. If no objection is received within 30 days of filing the copyright, then it will be registered.
For literary works published within the lifetime of the author, the copyright stands valid throughout the lifetime of the author and continues up to a period of 60 years. For other works the validity extends for a period of 60 years from the creation of the work, except in case of broadcasting where it is valid only for 25 years from the period of original broadcast.
Selling the replicated works or letting them out to hire, permitting any place for the performance of plagiarism, distributing the infringed copies by way of trade or to affect the interests of the creator, public distribution of the duplicated works and importing the infringed copies into India.
The creator of the original work can file a case against the infringers for which he will be provided either an injunction or a compensation for the damages incurred by him.
It is an exclusive right given by the country to the creator of an invention.
It includes any new product or process that is capable of being used in any industry. The product should have been produced by a new method in other words the process itself should have been discovered by the creator.
A patent can be filed under provisional application in case the invention of product has not been completed, and 12 months time is provided to complete the invention, and if not completed the patent is abandoned after the expiry of 12 months. In case the invention is complete, the applicant can proceed with complete application.
After filing the complete application, it is published after 18 months of first filing if no objections are received, the patent is registered.
In cases where the process by which the invention is discovered is found to be wrongful or replicated, then any person who has found the flaw in the invention can file an opposition.
The registered patent stands valid for a term up to 20 years from the date of registration.
The patent registered in a country is valid only in that country. Similar to trademarks if the creator of the invention is willing to register it any other country, then he has to apply it separately in the other country.
Design includes the structural aspects of an article like shape, configuration and pattern with colors which may be either two dimensional or three dimensional.
The application is filed along with four copies of the representation of the design. In the absence of any defect in the design, it is accepted and stands registered when it is published in the Journal.
The registered design is valid for a period of 10 years, and can be renewed for another 5 years upon payment of the renewal fee.