Types of Intellectual Property Rights – Intellectual property rights are exclusive rights given to artists, businesses, inventors for their artistic works, creation, useful Invention.
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
Types of Intellectual Property Rights
Intellectual Property (IP) rights are legal protections granted to individuals or entities for their creative and intellectual endeavors. There are four main types of intellectual property rights:
Copyright: Copyright protection is granted to original literary, artistic, and creative works, such as books, music, films, software code, and visual art. It gives the creator the exclusive right to reproduce, distribute, perform, display, or create derivative works based on their creation.
Patent: Patents protect inventions and innovations, granting the inventor exclusive rights to make, use, and sell the invention for a specified period (usually 20 years). This covers processes, methods, machines, and even certain types of plants.
Trademark: Trademarks are symbols, names, phrases, or logos used to identify and distinguish goods or services in the marketplace. They help consumers associate a particular quality or source with a specific product or service.
Trade Secret: Trade secrets are confidential and proprietary information, such as formulas, processes, methods, customer lists, and business strategies. Unlike other forms of IP, trade secrets are not registered but are protected through secrecy agreements and security measures.
It’s important to note that these types of intellectual property rights vary in terms of how they are obtained, the duration of protection, and the specific rights they confer. It’s advisable to consult with legal experts to properly understand and protect your intellectual property assets.