Intellectual Property Glance

Dec 2022

The discussion on intellectual property starts with distributing it into three categories for the same of convenience and clarity.

The product of intellectual efforts:

The product of intellectual effort could be tangible or intangible encompassing such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, paintings and even computer programs.

It must be recognized that an idea by itself is not eligible for being copyright. The idea must be transformed into the tangible or intangible creation in order to be eligible for protection under copyright law.

Copyright law affords protection to the creator of the intangible or tangible asset and keeps him and his rights safeguarded against acts such as copying, modifications, displays, use in promotions, distribution or in any way make use of his intellectual effort for commercial or other gain. It must be understood that the creator or author retains copyright over his creation even if he licenses it for use by others save and except when he waives such rights under a contract that specifically states so. For copyright to be applicable the idea must be original and must be translated into concrete tangible or intangible creation and the use of such a creation is covered by copyright law. An example is when an author gets an idea but does not translate it into work. The idea is not eligible for coverage by copyright. However, if he writes a book based on the idea, then the book and its contents are covered.

Industrial designs, inventions, process flows and other aspects connected with industry:

Industrial property encompasses industrial designs, inventions, process flows and other aspects connected with industry and it also covers trademark, geographic indicators and service marks.

Industrial design is defined as a blend of art, engineering and science that results in improved aesthetics, ergonomics, functionality and also cost reductions of a product and contributes to its greater desirability in markets. Since it is a form of intellectual property, it deserves protection.

Trademark covering the artifacts that are part of the goodwill of any individual or organization:

Trademarks abound with names such as Coca Cola, 3M, Macdonalds, Sony and LG being internationally recognized brands, each distinctive and connoting a whole lot about the product and the company. Much effort goes into the building up of a trademark over time.

Trademarks are broadbased covering those artifacts that are part of the goodwill of any individual or organization. These include labels, name, signature, brand, heading, numerals, shape, graphics, packaging, color themes and combinations of any of these that contribute to creation of a unique identity for that creator or possessor and help him realize value therefrom. Tradenarks need protetion to ensure the owner alone gains benefits for the efforts he has put in. It is an important constituent of intellectual property.

Owners of trademarks need to be alert to protect their trademarks and also keep a watch to ensure that there are no infringements being committed by anyone anywhere in the world. A company or an individual needs to register his trademark for greater protection under the law but he can just as well carry on a business with an unregistered trademark. In that case he has no or little protection. If he has registered it he is fully protected for a period of five years under the law.

A unique product or process which can be termed as an invention:

An individual or a company may develop a unique product or process which can be termed as an invention that no one has developed before and one which has positive results as regards functionality, production and costs or other properties. Patents are grated by authorities to such inventors to grant them exclusive and monopolistic use of commercializing that invention for a period of 20 years. Patents may cover a process or a product.

In order to obtain a patent, the process or product should be patentable in the country of its invention and it must adhere to established conventions. It should be new; it must be non-obvious and it should fulfill a purpose.

Confidential, proprietary information of an individual or an enterprise that may apply to method or process or formulations:

One of intellectual property’s important constituents is trade secrets. This is defined as confidential, proprietary information of an individual or an enterprise that may apply to method or process or formulations. Most countries still do not give proper emphasis to protection of trade secrets, so vital for the health of enterprises.

Geographical indications point to a product originating in a specific geographic location with specific attributes:

Geographical indications point to a product originating in a specific geographic location with specific attributes pertinent to that region or the traditions, processes and methods of production implemented there that make that product possess some qualities that make it desirable. This term in general applies more to agricultural and dairy produce that are influenced by local conditions. It can, however, also be applied to non-agricultural produce such as handicrafts. Geographic indicator certifications may confer qualities on a certain product simply due to its origin and the methods and processes in use in that region.

Trending Blogs
Domain Name Disputes in India
Domain Name As Trademarks A domain name which is unique, capable of identifying itself and distinguishing its goods and services from those of others and acts as a reliable source identifier of concerned goods and services on the internet may be registered as a trademark. Domain Name Disputes A domain name dispute would arise when […]
Read More
Blockchain Technology: Is it Building a Brighter Future
What is Blockchain Technology? The Blockchain is an incorruptible digital ledger of transactions that can be programmed to record virtually everything of value. So a blockchain is a continuously growing list of records called blocks, which are linked and secured. It protects the identities of the users. Although transactions on the blockchain are not completely […]
Read More
Alibaba IPR Report Shows Ideal Brand Protection Program
As per sources, e-commerce giant, Alibaba group has successfully gained success using intellectual property rights-protection. The giant has been able to offer quality service due to well integration of the latest technological improvements coupled with partnerships with top-rated brands. Also, external stakeholders assisted the giant in offering quality service to proactively monitor, go through rights-holders […]
Read More
The Big Push to Reform Music Copyright for the Digital Age
Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]
Read More
Why Are Drug Patents Important Everything You Need to Know?
Before you ask for the importance of patent in the Pharmaceutical world, let us first learn about Patents. After a song is recorder, the song is approached by various music production companies who would like to rent the copyright of the song for marketing purpose and earn profit from it. And patent is almost similar, […]
Read More
Intellectual Property Glance
The discussion on intellectual property starts with distributing it into three categories for the same of convenience and clarity. The product of intellectual efforts: The product of intellectual effort could be tangible or intangible encompassing such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, paintings and even computer programs. It must […]
Read More
PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR
Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]
Read More
Lack of Music Publishing Knowledge Robbing Indian Artists of their Rights
In India there has been a lack of knowledge regarding publishing music. It can be said that a large part of publishing an art for is still unexplored. It is not about the common people but the artists and the music companies are oblivious towards it. At the initial stage due to lack of knowledge […]
Read More
An Overview of Copyright
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]
Read More
Copyright in the Digital World
These days, there is an increased use of smartphones, computers and tablets and multimedia has shown its great influence in our lives. In the digital world, there are several works used by us. Have you thought whose work are we using? Well, none of us have tried to find out the owner of the work […]
Read More
X
Download Firm Profile