This article is written by MISS KHUSHI BAJPAI, 2nd year learner of SYMBIOSIS LAW SCHOOL, NOIDA
Trade secrets, patents, trademarks, and copyright are all examples of intellectual property (IP). It can be difficult to comprehend precisely what each sort of IP covers. However, knowing the distinctions among copyright, trademarks, patents, and trade secrets can help you decide how to best defend your creations and assert your legal rights.
Copyright defined:
An original work that is fixed in a tangible medium, such as a picture, a book, or an mp3 file, grants you an automatic set of individual rights known as a copyright. These privileges cover the ability to duplicate the work, create derivative works from it, distribute copies, perform the work in public, and put it on public display.
You have the option of transferring a single right, many rights, or all of them to one or more individuals as the owner of the copyright. Licensing, assigning, and other types of transfers can do this. If you own the copyright to something, you can decide whether and how the public can access your work.
Copyright protection:
Original works of authorship, such as books, articles, songs, photographs, sculptures, dances, sound recordings, movies, and other works, are automatically protected by copyright law. Although it is not necessary to register your work for copyright protection, there are many advantages to doing so.
Trademark defined:
A trademark is a word, phrase, symbol, and/or design that identifies and sets one party’s goods apart from those of others by indicating where they came from. A word, phrase, symbol, and/or design that identifies and distinguishes the supplier of a service as opposed to goods is known as a service mark. Brand names, taglines, and logos are some examples. (Trademarks and service marks are both referred to collectively as “trademarks” in this context.) The U.S. Patent and Trademark Office accepts registrations for trademarks (USPTO).
Trademark v. copyright
A person does not need to register a trademark or service mark to gain protection rights, similar to copyright, but doing so comes with several legal advantages. Even while there isn’t often a conflict between copyright and trademark law, it can happen. When a graphic artwork is used as a logo, for instance, the design might be covered by both copyright and trademark laws. The primary distinction between copyright and trademark is that the former safeguards creative expression in works while the latter safeguards the goodwill and reputation of the company attached to the word, phrase, symbol, and/or design.
Patents defined:
Inventions are shielded by patents. These discoveries can include brand-new, practical methods, tools, products, and material compositions, as well as their advancements. Encouragement of invention and the commercialization of technological advancements is the main objective of patent law. Invention disclosure is encouraged by patent law in exchange for a limited number of exclusive rights.
The U.S. Patent & Trademark Office accepts patent applications and issues patents to inventors. The patent application process is more expensive, complicated, and time-consuming than copyright registration, and is generally not recommended without the help of a knowledgeable patent attorney or agent.
Patents v copyright:
Rarely do copyright and patent overlap, although there are some types of works that can have both copyright and patent protection. For instance, some computer programmes might be covered by both copyrights and patents. The patent system, which offers protection for functional features of the programme not covered by copyright, is a useful addition to copyright protection in this regard.
Trade secrets defined:
Secrets are shielded from unlawful use and disclosure by third parties through trade secret protection. A trade secret is information that is subject to reasonable attempts to keep it private and has value to others who cannot access it legally. It also has an economic benefit due to its secrecy. Compared to other forms of IP, trade secret law offers significantly distinct protections.
Trade secrets v copyright
Trade secrets are sometimes included in works that are copyright protected. This is most frequently found in testing materials and computer applications. Computer programmes that include trade secrets can be registered using specific processes at the US Copyright Office. If a copyrighted work also contains a trade secret, the applicant may ask the Copyright Office for special permission to take measures to guarantee that the trade secret is not revealed in the registration application.
Tabular form to distinguish copyright, patents, trademark, trade secrets
| BASIS OF DISTINCTION | COPYRIGHT | PATENTS | TRADEMARK | TRADE SECRETS |
| What is protected? | Books, essays, music, photographs, sculptures, dances, sound recordings, movies, and other original works of authorship | enhancements to existing procedures, devices, manufacturing methods, and material compositions. | any word, phrase, symbol, and/or design that identifies and sets one party’s goods apart from another’s in terms of their source. | Uncommonly used commercial method, practise, procedure, design, instrument, pattern, or information compilation. |
| Requirements to be protected | An original, innovative, and tangible medium-fixed work is required. | An invention ought to be brand-new, practical, and original. | A mark needs to stand out (i.e., that is, it must be capable of identifying the source of a particular good) | A trade secret must provide economic value owing to its secrecy, be valuable to those who cannot access it legally, and be subject to reasonable safeguards to protect its confidentiality. |
| Term of protection | added 70 years to the author’s lifespan. | 20 years | For as long as the mark is used in commerce. | For as long as it remains secret. |
| Rights granted | control over copyrighted works’ dissemination, public performance, creation of derivative works, and reproduction. | Right to stop someone from creating, using, selling, or importing an innovation that has been patent protected. | Right to use the mark and to stop others from using it or marks that are similar in a way that could lead to confusion about the source of the products or services. | Right to prohibit the trade secret from being misused, used, or revealed. |
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