Basics of the IP Rights in India

Published On: May 10, 2021Last Updated: Jul 30, 20223.6 min read

Background

The background to intellectual property (IP) can be traced to the development of knowledge-based industries where the foundation of the company relies on creativity with respect to products and strategies, To safeguard your creations in a business or creations for commercialization through IP rights, it becomes crucial that you should apply for logo registration in India at the earliest to protect your product or brand. This advancement in the knowledge-based industries is not a recent phenomenon. It can be traced back to Walt Disney’s intellectual property (IP) of creating the Mickey Mouse cartoon or Nicola Tesla’s intellectual property of the particular inventions made in the engineering field. The following log discusses about the meaning of intellectual property and briefly discusses trademarks, copyrights and patents.

You can read more about Walt Disney’s intellectual property (IP) of creating the Mickey Mouse cartoon

Defining the Intellectual Property (IP)

Intellectual Property is necessarily a creation of intellect. It is a result of the creativity of a human mind. Why is it so relevant nowadays? IP rights is important to most businesses nowadays. Those who have invested their qualitative and quantitative resources in building something valuable would intend to protect their IP rights. The intention is to restrict others from using it without authoritative prior approval from the owner.

What are some of the types of Intellectual Property?

There are several types of intellectual property (IP) such as –

Trademark

It safeguards a mark or a slogan or a name that assists a business or a trader differentiate his/her business by that of other businesses in the same industry. It could be phrases, words, designs, or symbols. Some of the examples can be Cadbury, Tata, and Reliance among others.

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Choose Trademark Registration by LegalWiz.in Professionals.

Usually, trademark registration takes anywhere from 6 to 12 months before you can use the ® symbol once you obtain the approval. But you can use the symbol instantly on the submission of the trademark application.

Patents

A patent is an invention that means a particular solution to a specific technological problem. A patent can either be obtained for a product or a process. The light bulb, and the telephone are all examples of products that have been patented.

A patent generally provides an inventor with some IP rights over his/her invention for a specific time period of twenty years in exchange for the complete public disclosure of his/her invention. The process begins with the patent search to check its patentability. If the invention searched for is not in contravention of law and is unique in nature then the same can be filed at the Patent Office of India. If the patent is cleared with the examination and checks then the applicant may be granted a patent for a definite time of twenty years

A patent safeguards you against others from using, making, selling or offering for sale or importing the patented item till the stipulated time of the patent survives or has not expired.

A right over the material you have created prohibits others from imitating your artistic work/s as well as commercializing them. This is why essentially, it is a right allocated to you to restrict others from making copies of your work or allocate a right to anyone who intends to copy or imitate your work subject to that person giving sufficient consideration.

Original literary works, dramatic, musical works, cinematographic works and sound recordings can be copyrighted in accordance with the law.

Usually, copyright registration is anywhere between 6-12 months. The © Copyright symbol can be used by anyone irrespective of having registered copyright.

Looking to know more about Copyright Registration?
Read more about the copyright registration and protecting your IP.

To wrap it up, all the IP rights are negative rights. Negative rights generally exclude anyone other than the owner and his known affiliates from using it or enjoying them or making any profit from them.

To know more about different intellectual property rights, read more.

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Karan Dave
About the Author

Karan Dave

Karan Dave is a seasoned writer associated as a content expert with Legalwiz.in. He has blended his interests in business solutions and starup economy with the writing capabilities to provide resourceful information for varied audiences.