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Intellectual Property Rights

Trademarks

A trade mark can be a word, logo, symbol, label, shape, smell, combination of colours etc. and acts as a source indicator and refers to the origin of goods or services. Trade mark can either be a word mark or a device mark. A word mark essentially denotes words/letters in a non stylised manner. On the other hand device mark comprises artistic features or unique colour combination.

Service Mark :- A trademark pertaining to services is known as service mark.

The function of a trade mark is to give an indication to the goods, to give an indication to his/her eye of the trade source or trade hands through which they pass on their way to the market. Its registration emboldens the owner of the mark to immediately file an action against an infringer of the mark, without having to prove any other legal ingredients as otherwise required in a passing off action. Registration confers a permanent and exclusive right in regard to a registered mark.


Copyrights

Copyright law protects expression of ideas, and not the ideas themselves. Copyright refers to a bundle of exclusive rights vested in the owner of the Copyright. These rights can be exercised only by the owner of the Copyright, or any person who has been duly authorized by the owner of the Copyright.

Copyright is a legal right which acknowledges the natural rights of creative individual. This renders an infringer civilly liable. He may also be held criminally liable in certain circumstances.

The objects protected by copyright are literary, musical, dramatic works, pantomime, choreographic works, pictorial, graphic, architectural and sculptural works, motion pictures and other audio visual works and sound recordings, rights of broadcasting organization and of performers, computer software, email and a host of other features.

Thus copyright means the exclusive privilege of a creator of cultural goods, for a stated period, to exercise and exploit various intangible rights (including the age old right to make copies) in respect of his tangible works. This is the reward to the creator.


Patents

The word patent generally has a common connotation in all jurisdictions. It means an official instrument given in writing by a statutory authority to an inventor, granting him the exclusive right to manufacture, use, sell or license his/her invention for a certain number of years and thereby prevent others from copying it.

Under Indian Law, a patent is an exclusive privilege granted to an inventor to exploit and market the fruit of his/her innovative technical or scientific talent for a period of twenty years computed from the date of filing of the application; and during that term, prevent others from copying his/her invention, advertently or inadvertently. This monopoly is given as a consideration for disclosure by the patentee of his/her technical information in the specification and other documents attached to his/her application and materials referred to therein.


Designs

For registration under the Designs Act,2000, design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional, or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle.




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