Intellectual Property

Various forms Of Intellectual Property are as follows:

PATENTS

Patent is a monopoly right given by the government to an inventor for a period of twenty years. Once granted, a patent gives the inventor the right to exclude others from making, using, selling, importing or offering for a sale of the inventor’s invention for the duration specified in the terms of patent.

Patents are territorial rights, which means that an invention is only protected in the countries or regions where patent protection has been obtained. In other words, if you have not been granted a patent with effect in a given country, your invention will not be protected in that country enabling anybody else to make , use, import or sell your invention in that country.

STEPS INVOLVED IN OBTAINING PATENTS IN INDIA

• Check whether the subject matter of the invention is patentable in India.
• Extensive Patentability Search.
• Drafting and filing of Application for a patent.
• Publishing the application for patent in prescribed government website.
• Request for Examination
• Request for objections
• Grant of Patent.

TRADEMARKS

Trademark is a unique sign or indicator used by an individual, business organization or other legal entity to identify that the products and /or services are offered to the consumers with which the trademark appears. It would have originated from a unique source of origin, in order to distinguish its products or valid for services from those of other entities.

The term of trademark is ten years and it can be renewed life long for every ten years.

Trademark can be a word, phrase, logo, symbol, design, image, or a combination of these elements

Types of marks: There are various types of marks namely

Trademarks (marks used to distinguish certain goods as those produced by a specific enterprise),

Service marks (Marks used to distinguish certain services as those provided by a specific enterprise),

Collective marks (marks used to distinguish the goods or services of a person or an association of persons who is the proprietor thereof from those of others.),

Certification marks (marks used to distinguish the goods or services that comply with a set of standards and have been certified by a certified authority) and

Well-known marks (marks that are considered to be well-known in the market and as result benefit from stronger protection).

Copyright & Related Rights

Copyrights relates to original work of literary, artistic, dramatic or musical work, Cinematographic films, Sound Recording and Software program. A related right refers to the category of rights granted to performers, phonogram producers and broadcasters.

Types of work protected by copyright :

• Literary works (eg. Books, magazine, newspapers, technical papers, instruction manual, catalogs, tables and compilations of literary works.
• Musical works or compositions, including compilations;
• Dramatic works includes not only plays but also for example a sales training program captured on videocassettes
• Artistic works such as cartoons, drawings, paintings, sculptures and computer artwork • Photographic works both on paper and in digital form • Computer programs and software • Some types of database.
• Maps, globes , charts, diagrams, plans and technical drawing, Advertisement, commercial prints and labels
• Cinematographic works, including motion pictures, television shows, and webcasts
• Multimedia products

Industrial Designs

Geographical Indication

Semiconductor Integrated circuit’s layout – Design

Trade Secrets

(For more details on Industrial Designs, Geographical Indication, Design, Trade secrets please contact the law firm)