Intellectual property is a valuable asset to any organization, if you are planning to do business or even if you are planning to do business it is important to know what is owned by an individual or his business. How to use, protect and enforce rights on intellectual property. , Intellectual property means the creation of certain tangible assets related to the business and its operation. Intellectual property in India is a term that refers to a brand, invention, design and any other form of creation over which a person or business has a legal right. Almost all businesses have some form of intellectual property that can be treated as business property.
Intellectual property rights in India mainly include trademarks, copyrights, patents and designs etc. Each category of intellectual property includes a different set of properties and functions. Selecting the right category is essential for protecting work and business assets.
What are Intellectual Property Rights in India?
Intellectual property rights in India include the following common types:
Copyright – Provides protection of written or published works such as books, songs, web content of movies and other artifacts.
Patent – Patent rights protect an invention, new commercial product or process.
Design – Obtaining a design registration protects a design such as a drawing, colour, pattern or combination of designs.
Trademark – A trademark protects the signs, symbols, logos, words or sounds that differentiate products and services from competitors.
Understanding Intellectual Property Rights System in India
Trademark Registration in India
Trademark registration in India allows a trademark owner to use symbols, words to represent a business or products that are offered by a business. A trademark registration serves as a differentiator where the products offered by a business are differentiated from their competitors. Once a trademark is registered, no other organization can use the trademark as long as it is used.
Once the brand is registered, the applicant can start using the TM symbol along with the brand. Trademarks are considered a valuable asset to the company. Trademark registration helps in protecting the brand. Since trademark registration involves various steps, one must register a trademark under the guidance of experts.
At IndiaFilings we take care of the trademark registration process right from trademark objection, trademark protest and trademark renewal.
Copyright registration is the right of ownership to who is entitled to literature, drama, music, sounds, artwork and recordings etc. Copyright registration in India provides a bundle of rights to the copyright owner which includes the right to reproduction, communication to the public. , and also the translation of the work.
The registration of copyright in India ensures certain minimum safeguards for the right of the authors to own and enjoy the creation. A copyright registration lets you communicate to the public, rights to reproduce, adapt as well as translate the work.
Design registration in India is a type of intellectual property protection in which a newly created design is applied to an article that has been made under an industrial process, to be protected from counterfeiting. By obtaining design registration in India exclusive rights are granted to the creator of the design for 10 years which may be more for the next five years.
Under the Design Act of 2000, any shape, configuration, pattern, or ornament, or composition of lines and colors, can be registered as a design in India.
Patent registration can be obtained in India for the invention. Obtaining a patent is a right granted by the government to an individual or enterprise that prevents others from using, selling or importing the patented product or process without the approval or consent of the patent owner.
A rigorous check must be made whether the product is innovative or has an innovative or industrial application. A person can conduct a detailed search on the Intellectual Property Regulator of India website to check whether an article or invention is similar. To avoid lengthy procedures, seek expert advice from our Trademark Consultants.
Benefits of Intellectual Property Rights
Intellectual property rights not only protect the business ideas or concepts but also protect the actual business assets that are very important to the products and services. The success and profitability of the business depends on these intellectual property rights.
There are many benefits to securing intellectual property rights. Here we have listed some of them.
Increases the market value of your business: Intellectual property rights can help you generate business through licensing, sale and even commercialization of products, these are services that are protected under IPR. This