This article has been written by Ms. Paras Upadhyay, a 3rd year BA.LLB (hon) student from Delhi Metropolitan Education (ggsipu), Noida.
INTRODUCTION
Trademark, patent and copyrights protects the intangible creation of human being. All these are a part of intellectual property right. Intellectual property right is usually given to those who wants to prevent the creation of their own for a certain period of time. IPR generally gives a free hand to the inventor/ creator to utilise their own creation at the fullest for a certain period of time.
TRADEMARK
Trade mark is a sign, design or expression capable of distinguishing the product. An individual, business organisation or any legal entity can apply for trademark. Trademark law is regulated by THE TRADEMARK ACT1999. Trademark is generally used to identify services. Sometimes trademark can be called as service mark.
COPYRIGHT
Copyright is an exclusive right to copy, adapt, distribute, display and perform any creative work created by the person itself. It must be original and not copied from any other sources. It is regulated under COPYRIGHT ACT 1957. It is usually for a limited period of time.it usually protect the original work from the creative mind and not the idea of it.it is a territorial right.
PATENTS
Patent gives exclusive right to its owner to exclude others legally from making, using, and selling the invention for a certain period of time. In some countries patent is a private law. In India patent is regulated under the PATENT ACT 1970. In some industries like public health and nutrition patent is compulsory; whereas in some industries patent are irrelevant.
The major point of similarity between copyright, patent and trademark is that they prevent the inventions of the individual from other to use, produce or sell it with their own name.it provide an identity to the inventor for the invention.
DIFFERENCES BETWEEN COPYRIGHT, PATENT & TRADEMARK
The main stream difference is copyright protect original work such as art, literature and other created work; patent protects new inventions, process and composition of matters like medicine. Whereas trademark protects name, short slogans and logos.
The copyright is given on an entire work like books, music compositions, software codes and other lengthy works legally identifying the work is belonging to the specific person; where as in trademark is logos, slogans, designs that helps in identifying the business.
Unlike patents, trademark do not expire. For patent there is time period in which one have to apply for the renewal of patent. In India a design patent has a term of 14 years. If a patent expire it will open up the platform for others to use, sell or copy the invention. Whereas copyright last for the time of 60years and additional 70 years are given; and trademark last until the business is continuing.
Trademark provide protection to the goodwill associated with the logos, slogans or any other combination of these works; whereas in patent protects the ideas which are controversially converted into reality. And copyright gives a bundle of right to the creator of the work excluding others to perform or selling or producing the work.
Patent is awarded for the Novel and non-obvious inventions.
Copyright focus on the expression.it includes artistic and literary creations.
The registration for the trademark is discretionary that is it is on the will of the owner of the business or the inventor to protect their logo or work, whereas in patent the registration is compulsory. In copyright as soon as original work is created copyright come into existence automatically and no other formality is required to be completed.
Trademark has been regulated under the trademark act 1999; copyright is governed under the copyright act 1957; and patent is given under the patent act 1970. This confers that the concept of trademark is quite new to the public but is very quick to gain the attention of the business as it provide a different identity to the products and services.
Trademark provide the protection to the owner by providing exclusive rights to use it or authorise any other person to use it in exchange of money or any other services; where as in patent, it is a legal document provided to the inventor by the statute permitting him to forbid any person from exploiting the invention commercially for a certain period of time.
CONCLUSION
The above article discusses the major difference between TRADEMARK, COPYRIGHT, & PATENT. All three of them is a part of intellectual property right; and is given to protect the inventions and to motivate new inventors to showcase their work in public at large. Trademark is given to the logos, slogans and any other creation which helps to differentiate the product or service in the market from the other similar products. In case of copyright it is bundle of rights to the creator and come in action as soon as an original work is created, no other formality is needed. Patent is given generally in case of novel and non-obvious creations.
REFERENCE
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