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  • Writer's pictureChaitanya Singamsetti

Copyright, Trademark and Patent


Copyright:

Copyright is an exclusive right given to creators of literary (both published and unpublished), dramatic, musical and artistic works and producers of films and sound recordings. The owner of the copyright also holds the rights to reproduction or adaptation of the work. Ideas or concepts are not protected by Copyright. Under the Copyright Act, software or a database can be registered as a "literary work."


Usage: A copyright guards against the sale of the rights to an artistic, musical, literary, or literary work for use in a commercial print.


Types of Protection: Authentic literary creations like books, paintings, cinematograph films, songs, and sound recordings


Symbol: © is the symbolic representation of Copyright


Validity: The general rule is that copyright lasts for 60 years.


Governed by: The Copyright Act, 1957


Trademark:

A trademark is a symbol, logo, design, word, sound or a combination of colours which is used to distinguish it from other similar goods or services in the same field. It grants the right to use a trademark exclusively in connection with the good or service and prevents anyone from using it without permission. The registration also allows the owner the authority to license or sell the trademark for a fee to use the same.


Usage: People, businesses, product owners and other entities use trademarks primarily to protect things like brand names, company names, slogans, and more.


Types of Protection: Protection of the distinctive symbol that sets a brand apart from others like names, catchphrases, logos, shapes, etc.


Symbol:

- When Registration in Process ® - When Registration is complete


Validity: Registered Trademarks are valid for a period of 10 years from the date of application. Once the validity ends, it can be renewed easily by paying the registration fee to the government.


Governed by: Trade Marks Act, 1999


Patent:

A Patent is an exclusive right for any invention which is new or original innovation. When an invention is given a patent, the owner of the patent has the legal right to prevent others from producing, using, importing or selling the invention for a limited period of time. A patent is a territorial right and so is effective only within the country.


Usage: In India, granted patents improve the recognition and credibility of the inventor or a company in the market.


Types of Protection: Protection of inventions that are unique, original and useful for the world.


Symbol: There is no symbolic representation of the Patent.


Validity: Under the provisions of the Indian Patent Act, the patent holder is granted protection for a term of 20 years after which it goes into the public domain. Usually, 20 years is calculated from the date the patentee files the patent application.


Governed by: The Patents Act, 1970


Trademark, Patent and Copyright are all Intellectual property rights (IPR)
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