TYPES OF INTELLECTUAL PROPERTY
Intellectual properties are inventions of the mind, innovations, literary and artistic work, symbols, names, and images used in commerce. The goal of IP protection is to encourage human mind creativity for the benefit of all. Also to ensure that the benefits derived benefit the creator.
The term “intellectual property” refers to a wide range of concepts. Intellectual property consists of many different types of rights. IP is broadly classified into two types: industrial property and intellectual property.
Before, patents, trademarks, and designs, were the Intellectual Property. Industrial property protection now includes utility models, service marks, trade names, passes, signs of origin, including geographical indications, and the suppression of unfair competition. It is possible to argue that the term “industrial property” predates the term “intellectual property.”
Copyright law is concerned with the protection and exploitation of tangible expressions of ideas. It has evolved over centuries in response to changing ideas about creativity as well as new modes of communication and media. In the modern world, copyright law provides not only a legal framework for the protection of the traditional beneficiaries of copyright, the individual writer, composer, or artist, but also the publication required for the creation of work by major cultural industries, film; broadcast and recording industries; and computer and software industries.
One can copyright the literary, dramatic, musical, and artistic works, as well as in “original” cinematic films and sound recordings set in a physical medium and copyright protects the idea only when expressed in its original form
Copyright recognizes the owner’s economic and moral rights. The right to copyright is a privilege to use without the permission of the copyright owner, according to the principle of fair use. The law of copyright balances private and public interests through the application of the doctrine of fair use.
Patent law recognizes a patent holder’s exclusive right to profit commercially from his invention. The owner of the invention has a special right to manufacture, use and market the invention when patented the invention.
The term “exclusive right” refers to the fact that no one can manufacture, use, or market an invention without the permission of the patent holder. This exclusive patent right is only valid for a limited time.
An invention must fall within the scope of the patentable subject and meet the three statutory requirements of innovation, inventive step, and industrial application to qualify for patent protection. The novelty and necessity requirements are generally met if the patent applicant is the first to invent the claimed invention. Prior publication or prior use can indicate novelty. A simple discovery cannot be considered an invention similarly, any random concept or principle cannot be permitted for patent.
Patent law exists to promote scientific research, new technology, and industrial progress. Patent information has economic value because it provides technical information to the industry that can be used for commercial purposes. If there is no protection, there may be enough incentive to take advantage of someone else’s investment. This ability to free-ride reduces the incentive to create something new because the inventor may not feel motivated to create due to a lack of incentives.
A trademark is a designation of origin. It is a specific sign to publicize the source of goods and services in relation to goods and services and to differentiate goods and services from other entities. This creates a connection between the proprietor and the product. It depicts a product’s nature and quality.
Its primary function is to identify the origin of the goods to which it is attached. It identifies the product, ensures quality, and aids in product advertising. A trademark is also an objective symbol of the goodwill that a company has created.
A trademark is any sign or combination of signs used to distinguish the goods or services of another company. It can be a name, a word, a phrase, a logo, a symbol, a design, an image, a shape, a color, a personal name, a letter, a number, a figurative element, and a color, or any other combination that represents a graph. Trademark registration can be renewed indefinitely.
4. GEOGRAPHIC INDICATION
It is a name or sign used on certain products that corresponds to the product’s geographic location or origin. The use of geographical location may act as a certification that the product possesses certain qualities according to the traditional method. Darjeeling tea and basmati rice are two common examples of geographical indication. The relationship between objects and place becomes so well known that any mention of that location conjures up images of goods produced there, and vice versa.
It is essential that the product derives its qualities and reputation from that location. Because those properties are dependent on the geographical location of production, there is a specific link between the products and the place of origin. Geographical Indication of Goods (Registration and Protection) Act of 1999 protects Geographical Indication.
5. INDUSTRIAL DESIGN
Industrial Design protects the visual design of an object. It is the application of features of shape, configuration, pattern, ornamentation, or composition of lines or colors to any two-dimensional or three-dimensional article, or the combination of one or more features. Design protection is concerned with an article’s outer appearance, which includes decoration, lines, colors, shape, texture, and materials. It may include three-dimensional elements such as colors, shapes, and the shape of an article, as well as two-dimensional elements such as shapes, surface textures, or other combinations.
Article By: Saurav Giri