Types of Intellectual Property Rights
Introduction
Intellectual property rights are exclusive rights given to artists, businesses, inventors for their artistic works, creation, useful Invention. The main objective of intellectual property law is to encourage the manufacture of various types of intellectual goods. There are four well-known types of Intellectual property rights i.e. Designs, Patent, Copyright, and Trademark.
Types of Intellectual Property Rights
1) Designs,
2) Patent,
3) Copyright, and
4) Trademark.
What is Designs?
According to Section 2(d) of THE DESIGNS ACT, 2000 “Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether
manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.
If the design is not new or original and has already been published in India, then it is prohibited to register. A design will be valid for 10 years from the date of registration and renewal for further period of 5 years. The important objective of the Design Act 2002 is to protect the designs and encourage creator of design by protecting their rights.
What is Trademark?
Trademark defined under Section 2 (zb) of the Trade Marks Act, 1999 as, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of
colours.” A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any such combinations.
A trademark is one of the types of Intellectual property and it consists of a symbol, word, or sign which identifies a product or service.
TYPES OF TRADEMARKS IN INDIA
- Service trademarks
- Product trademarks
- Collective trademarks
- Certification trademarks
What is Copyright?
Copyright gives a bundle of rights to its owner. The Copyright protects literary work, dramatic work, musical works, computer programs, cinematograph films, sound recordings. Copyright gives exclusive rights to its owner to sell, reproduce, or make copies.
In India, the Copyright Act, 1957 governed the copyright law.
What is Patent?
A patent is a right to an invention that is new and useful.
Requirement for patent
1) Novelty,
2) Usefulness and
3) Non-obviousness