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
Protection of Acronyms under Trademark Law
It is known that acronyms are the first letters of a long phrase of words combined together. On the other hand, trademark is about a mark that shall help distinguish the product or service of goods or service from the rest of the items. Therefore, it can be said that an acronym can be registered […]
Read More
Artificial Intelligence and Intellectual Property Law
What is Artificial Intelligence? The division of Science which deals with making machines equipped with human-like intelligence to act in human-like fashion and the exhibit human capabilities is known as Artificial Intelligence (AI). Multiple disciplines like Computer Science, Psychology, Philosophy, Sociology, Mathematics, Biology and Neuron Science contribute to the development of AI. Benefits Of AI […]
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
Well Known Trademark And Indian Law
What is well-known trademark? As per new Trade Mark Rules 2017, a new procedure has been created that allows the Registrar to proclaim a particular trademark as “well known”. Section 2(1)(zg) Of The Trademark Act, 1999 states that well- known trademark is a mark which has become well known to the section of the public […]
Read More
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
Read More
US and India to join hands on the grounds of Intellectual Property Rights
After US President Donald Trump’s visit in India from February 24 to 25th February, India and the US have opted for an agreement relating to intellectual property rights or IPR. As a result of this, the cabinet sanctioned MoU with the US pertaining to IPRs, relevant to information and broadcasting as has been stated by […]
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
Color Trademarks in the Pharmaceutical Industry
The trademarks are vital part of company goods or service and with help of trademark; the consumers are able to identify the business better. Before deciding the correct trademark option for pharmaceutical industry, it is necessary to check for its existence. If any similar one is already present in the trademark database, it is better […]
Read More
Intellectual Property Rights in the Era of Counterfeit Goods
The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]
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
X
Download Firm Profile