This article has been written by Ms. Khushi Patel, a 3-year BBA LLB, student from Auro University.
In-ear of technology there is various new to the world product available globally, this product is a result of human intellect. Law is emerging in diverse fields such as criminal, civil, property, family, etc, and law related to the intellectual property of a person is growing among all the other fields of law. Now, what do we mean by intellectual property? The answer, in simple terms intellectual property refers to the creation of the human intellect. Today each and every company and start-up is focusing on the protection of their product from competitors, especially India is a hub for start-ups and R&D centers, which are nothing but intellectual creations. Intellectual property rights are also considered a bunch of rights conferred to the creator of the intellectual property by the authority of law. IPRs were related to the intangible property owned by the company or individual, Intellectual property law gives recognition to such creation, by providing statuary benefits for the violation. Intellectual property right provides the holder with the right for commercial and other uses, such as reproduction, distribution, and sales of IPR-protected technology. The essence of Intellectual property rights derives from Article 27 which states that “everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”. There are various types of IPRs, such as a patent, copyrights, trademarks, geographical indications, etc.
The need for the law on copyright arose with the invention of the printing presses in Europe in the 15th century, preventing unauthorized printing, sale, or import of books. The stationers’ Royal charter granted exclusive control over work published by the Stationer’s Guild, the Licensing of the press Act, of 1662, the Statute of Anne, of 1710, and the Indian Copyright Act, of 1914. The Rome convention for the protection of performers, producers of phonograms, and broadcasting organizations, 1961, was the first international treaty to deal with neighboring rights in copyrights. Copyrights are the right that creators have over their intellectual work. The person can copyright their books, music, painting, sculpture, films, computer programs, etc. Copyright is also known as “literary rights ” or “author’s rights”. These rights provide protection to the author’s work from copying or unauthorized publishing. Copyrights protect the following two rights of the author:
- Economic rights
- Moral rights
A trademark is a symbol, design, word, or combination of these that distinguishes the goods or services of one business from those of others. Trademarks are protected by national and international laws as part of intellectual property rights. The trademark is a symbol used to distinguish the product of one enterprise from another enterprise, which contains anything such as a letter, logo, symbol, design, or numerals and three-dimensional features such as shape or packaging. A trademark is a graphical representation used to distinguish goods or services from others, with distinctiveness being the hallmark.
The patents Act of 1970 defines an invention as having novelty, utility, and method of manufacture, with “capable of industrial application” referring to its ability to be used in certain industries. Every awarded patent has a 20 years term starting on the application filing date. The real and first inventor or his assignee may file a patent application either individually or jointly with any other person, and legal representatives of any deceased individuals may still submit a patent application. Both a provisional specification and a complete specification must be submitted with a patent application to the Indian Patent office. After 12 months, there is no further increase in time for filing a comprehensive specification. As per the patents Act, of 1970, a patent is an exclusive right that is granted to the innovation/innovative solution to a problem, it can be the technological solution or method of production, which is commercially viable. It is a right of monopoly to a person who has invented:
- Innovative product
- Innovation
- Innovation in terms of production
The three Terms such as trademark, patent, and copyright have nothing much similar and belong to intellectual property. IPR is any work that is unique enough to be protected by the law. Trademark copyright and patents are types of asset protection, even though the assets might be intangible. In general, copyright protects various forms of written and artistic expression. A trademark protects the brand or symbol that identifies the source of the product. A patent protects the utilitarian aspects of the product; it can also protect its ornamental aspects.
Example: A perfume manufacturer markets a new scent, using the name of a celebrity. The artwork on the packaging and the artistic shape of the bottle may be protected by copyright. (The shape might also be protected by a design patent.) The name of the manufacturer and the name of the celebrity may be protected as trademarks. The new tamper-proof closing for the package and for the perfume container may be protected by a utility patent.
Difference between the trademark and patent and copyrights
| Trademark | Patent | Copyrights | |
| What’s Protected? | Protect the brands, logo, design, numerals, and three-dimensional features such as shape or packaging. | Protect the new innovation or scientific creation. | Protect the original work of the authorship, artist work, and musician. |
| Examples | Coca-Cola for soft drinks | A new type of hybrid engine | Song lyrics to “let it go” from “Frozen” |
| Terms of protection | 10 Years | 20 Years | Author’s life |
| Governed Under | Trademark Act, 1999 | Patents Act, 1970 | Copyright Act, 1957 |
| Penalties | Imprisonment for a term not less than six-month which may extend upto 3 years and fined not less than fifty thousand rupees which may extend upto two lakh rupees in case of the false application of trademark and selling of goods to which false trademark has been applied. | Imprisonment for a term which may extend to two years, or fine, or with both. | The minimum punishment for infringement of copyright is imprisonment for six months with a minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction, the minimum punishment is imprisonment for one year and a fine of Rs. one lakh |
Reference:
- https://blog.ipleaders.in/all-about-intellectual-property-rights-ipr/#:~:text=Intellectual%20Property%20Rights%20(IPRs)%20are,are%20called%20Intellectual%20Property%20Rights.
- https://www.legalserviceindia.com/legal/article-2478-intellectual-property-rights-a-legal-perspective.html
- https://blog.ipleaders.in/patent-law-2/#What_is_the_duration_of_patents_in_India
- https://blog.ipleaders.in/copyright/#:~:text=Introduction,of%20’original’%20creative%20work.
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