How to Ensure the Protection of Intellectual Property Rights?
Intellectual Property Rights represents intangible things that include patents, copyrights, trademark, unique concepts, and the ideas. In accordance with the rule of Intellectual Property, these intangible services have to be given the similar legal protection as given to the tangible property. In brief, it refers to the protection of ownership of one’s ideas. Therefore, in this blog we will let you know how to ensure the protection of intellectual property rights.
Why is Registration of Intellectual Property important?
The new products’ developments, processes, contents, brand names, etc. are resource and generally require huge investments. Therefore, the owners of the creation expect that any individual or entities that are creating them should have exclusive rights over their uniquely created work to the exclusion of other people. Thus, we have protection of the Intellectual Property rights system and laws to provide this exclusive right to the creator essentially.
For trademark and Copyright, gives the right to the owner on the day the work is created. Although registration is not mandatory but it provides certain advantages and benefits like it gives the owner the prima facie proof of the ownership, making it simpler for him to enforce the IP right in court in case of any infringement.
The protection of Intellectual property rights like the patents and designs, here the right is provided only if the applicant is making application and abiding with the rules as specified for registration. The protection of intellectual property rights helps the registered owners and creators obtain their creative investments by preventing the world from using his creation without permission. Basically the IP rights are said to be negative rights because its registrations help the owners to exclude third parties from using or reproducing the creation in any unauthorized manner or to have a free benefit from the hard work of the original inventor.
It provides a motivation to the inventor to keep creating and innovating things and get benefit from them for the growth and development of the country.
Protection of intellectual property rights :
The trademark is the most precious asset that a business can own. Trademark gives a different identification to the business and it does ensure its services and products. The Businesses with successful products and services spend hefty amounts in promoting and establishing their unique identities to protect intellectual property rights. In India, the registration of trademark is for ten years.
Thus, for the protection of intellectual property rights the registration of trademark is important in India. The owner must fulfill the criteria such as he must make sure that the mark should be non- generic, non- descriptive, the mark should not be identical or similar to any existing marks and must be non- deceptive.
Patent is the protection given to the inventor that includes a person or legal entity with exclusive rights for using, making, or selling an invention or a concept and excludes any other from doing the same. Therefore, it is important for the protection of patent that it must be registered so that the owner can claim damages from anyone infringing the invention.
Patents normally cover the innovations, products, and creation process that includes the new technical or functional aspects. The Indian Patent Office grants it for a term of 20 years. After the expiration of the 20 year monopoly of the invention, it will fall in the public domain for public use. The invention has to satisfy that it is novelty, Non-obviousness, non- obvious and has some utility.
Protection of intellectual property rights like patent protection is always territorial in nature. Registration of patent gives guarantee of protection in all over India
The Copyright is the right granted to the creator of the literary, artistic, dramatic and musical works and the producers of cinematograph films and the sound recordings. In fact, it is a bundle of rights that includes the rights of utilizing, reproduction, adaption, communication to the public and translation of that work.
The creator of the copyright work has the right to prevent unauthorized copy or reproduction of their work by others for a time period, after that the work will enter the public domain. The protection of intellectual property rights in Copyright depends according to the national legislation and work category. The copyright protection extends for life time of the author plus sixty years. Both the Copyright Act, 1957 and the Copyright Rules, 1958 grants protection of copyrights in India.
To protect intellectual property rights in Copyright, the creator must ensure that the work must be original. The work must be in tangible form like writing, film, recording, film or photo, etc. Copyright is provided automatically to the author of the original work as soon as the work is created. The Registration of Copyright provides for protection of ownership in case of infringement and the copyright holder can take a civil or criminal action against infringement.
Ways to ensure protection to intellectual property rights
The following are the ways to ensure protection to intellectual property rights :
For the commercial importance of the intellectual property rights it is necessary to give adequate protection to intellectual property rights. The protection prevents the third parties to use the protected IPR in an unauthorized manner. The protection is given as an incentive for them to produce ideas that will benefit society as a whole.
Read our article:Among Trademark owned by a Promoter or Company, Which One is Better?