September 24, 2017

Intellectual Property Rights

If you have your house which has been given on rent to somebody but when you asked him to leave that house and he is not leaving and living in the same place. To save that property, you have police and law with you. So, one basic question that will arise in your mind is how you can actually save your intellectual property? Intellectual Property rights help to protect the intellectual property.

Intellectual property refers to the protection of creations of the mind: inventions, literary and artistic works, symbols and images, with both the moral and commercial value.

Intellectual Property is divided into two different categories: Industrial rights and copyright.

• Industrial property refers to the patents which are related to the inventions, industrial designs, trademarks and geographical indications.
• Copyright is something which covers the literary work, film, music and architectural design.

What are Intellectual Property Rights?

Intellectual property rights are the rights given to the persons who work to benefit from the creation of the mind. This exclusive right is given to the creator to use his creation for a period of time. It comes under Article 27 of the Universal Declaration of Human Rights which provides the right to benefit from the protection of moral and material interests.
According to WTO’s TRIP Agreement, Intellectual property rights classifies into the following:

Copyright and related rights– a right which grants protection to the unique expression of ideas. It is granted for Author’s lifetime +50 years from the end of the calendar year in which the author dies, 50 years for film and sound recordings,  25 years for the typographical arrangement of a published edition. Copyright edition always expires on 31 December of the last calendar year of protection.

Trademarks, including service marks– a symbol, logo, color that is used to identify a business. Trademark is valid for 10 years from the date of application which may be renewed for further 10 years on payment of prescribed fees. Service mark Right is reserved for owners for 17 years.

Patents– an invention for which the inventor claims the exclusive rights. It is covered under the Act, known as Patent Act, 1970 (Amended by Patent Act, 2005). The term for Patent is 20 years from the date of filling for all types of inventions.

Industrial designs

• Layout designs

• Geographical indications

• Control of Anti- Competitive Practices in Contractual Licenses

Why to promote and protect intellectual property?

There are various reasons by which you must protect and promote the intellectual property:
• To invent and create new work in the area of technology and culture.
• Legal protection of new creations
• Economic growth creates new job and industries.
• Enhances the quality and enjoyment of life.

 

Our IP services include:

  • IP management and strategy
  • Brand management
  • Licensing and assignments
  • Transactional IP
  • IP disputes
  • IT and software
  • internet
  • copyright and design rights
  • IP audits
  • technology and telecoms