TYPES OF IPR

The broad subject of intellectual property comprises of several types of rights. It acts as an addition to the value of the society. It includes original creations like a novel, a logo, a song, an artwork or even a new process of manufacturing something. In every sort of intellectual property, the term ‘property’ indicates ownership by either an individual or an organization. Now, it is common knowledge that a property can get protection under the law. Hence, as the law protects ownership of personal property, it also protects the exclusive control of intangible assets that are in the form of ideas and innovations. Intellectual property laws provide an incentive to those who develop creative works that benefit society and also ensure that their work is protected from being misappropriated by others. While Intellectual Property refers to the basic construction of human intelligence such as literary, artistic, technical or scientific constructions, Intellectual Property Rights are the legal rights granted to the inventor to protect their invention. In India, the following acts deal with the subject of intellectual property:

1. Trade Marks Act, 1999

2. The Patents Act, 1970 (as amended in 2005)

3. The Copyright Act, 1957

4. The Geographical Indications of Goods (Registration and Protection) Act, 1999 and

5. The Designs Act, 2000

There are five main types of intellectual property rights, namely, patent, trademark, copyright, geographical indication and industrial design. These intellectual property rights can be explained as follows:

1. Patent

One of the most important types of IPR, a patent grants property rights to any form of the invention including new products and innovative processes. It gives the inventor the right to prohibit anyone else from using, manufacturing, importing or selling the innovation without permission. The Government grants a patent to make the idea or invention a property of the innovator. In India, a patent is granted for 20 years. However, every year, the patentee must renew it by paying a renewal fee. Also, a patent gives the patentee an authority to allow a third party to use the invention and thus generate royalties. The procedure for getting a patent involves filing an application requesting the Indian Patent Office to examine the patent application. Later, the applicant can clear the objections raised in the First Examination Report within 12 months. Lastly, if all the requirements are adhered to within the given period, the patent is granted.

2. Trademark

Among the different types of intellectual property rights, the trademark holds an important position as it is a sign that differentiates various products from each other and thus represents a company or a business in a unique form. A trademark allows its owner to get any form of visual symbol like a brand name, number, tagline, label or even a combination of all these elements protected to distinguish and identify his or her product from other similar goods. A clear representation of the mark and an identification of the class of products for which the mark is applied are necessary to get a trademark. One must remember that a trademark must not be descriptive. Also, it must not include common last names or geographical names. A trademark is initially registered for 10 years and must be renewed within 6 months before the date of expiry of the registration. The procedure for getting a trademark starts by applying to the Indian Trademark Office. Later, the applicant can clear the objections raised in the First Examination Report to avoid refusal or abandonment of the application. The trademark is registered if all the requirements are adhered to within the given time.

3. Copyright

‘All rights reserved’ is a phrase implying protection by way of copyright. In simple words, a copyright protects the work of authorship, artistic work including paintings, sculptures, drawings, photographs, a work of architecture, dramatic work, musical work including music as well as graphical notations, sound recordings and cinematographic films. Registration of copyright in India is a mere record of a fact which makes registration non-mandatory. Hence, registration of a copyright is not required to take action against infringement. The owner of a copyright has exclusive rights over the usage, performance, licensing, modification and display of the work. To qualify as a copyright, the work must be represented by a tangible means of expression such as an audiotape or videotape. If a copyright is registered, its duration is the lifetime of the author or artist, and 60 years from the year following his or her death. It is advisable to register the copyright as the copyright registration certificate allows the copyright owner to control the use of his or her creation and reap economic rewards from it.

4. Geographical Indication

In simple terms, a geographical indication is an indication that a product originates from a definite geographical territory. A geographical indication is registered if the indication defining the products originates from a particular geographical territory and if the quality reputation or other characteristics of the product are related to its geographical origin. Producers often want intellectual property protection to avoid misuse of the indicator through products from other areas. It mostly identifies agricultural and natural or manufactured products. A registered geographical indication is valid for 10 years and can be renewed on payment of renewal fee.

5. Industrial Design

An industrial design constitutes the ornamental and aesthetic aspect of an article consisting of 3-D or 2-D features such as the shape of an article, patterns, lines or colour. It attracts the consumer to prefer using one product over another. Design as a part of intellectual property not only protects the aesthetic value of the articles but the visual appearance of a product is also protected. A registered design grants exclusive rights and prohibits any unauthorized party from producing or using that same design.

If any infringement occurs, the owners of the intellectual property rights can enforce their rights. However, it is necessary to monitor such violations regularly. Legal professionals can assist you in registering as well as to enforce intellectual property rights.