Intellectual property rights and their benefits
                     Intellectual property 
rights and their 
benefits
  In this blog, we have discussed about the intellectual property 
rights and their    benefits for people in a user friendly manner.
Chiefly, Intellectual property rights are the legal protection offered to the 
owners for the protection of their property. To protect your idea form 
someone, you need to secure your idea using one or more of the four 
different types of intellectual property. IP’s are usually given to the creator 
of the product the rights to use his creation for a certain period of time
Intellectual property rights 
enforcement: 
 Intellectual property system was developed to make its intended beneficial 
contribution to economic and social welfare.  It plays a vital role in extending 
timeless services to the people over the country. The TRIPS Agreement broken new 
ground in the multilateral law by setting out general principles for the enforcement 
of IP rights. Moreover, it makes effective, balanced and fair procedures available 
that provide for necessary remedies while also ensuring there are no obstacles to 
legitimate trade and providing safeguards against misuse of enforcement measures.
The types of intellectual property 
rights:
 There are four types of intellectual property rights such as trade mark, trade 
secrets, patent, and copyright etc.
 In the second place, multiple types of intellectual property rights that can be 
used to protect an invention:
 Most of the people do not know that they are able to protect their invention 
using multiple types of IP rights. However, most of the products can be 
protected by intellectual property rights.  For example, bottle of Coca-Cola®. 
The brand name “Coca-Cola,” is a trademark. In addition to ,the reaction of the 
actual soda is a trade secret and the copyright protects the packaging art. The 
shape of the Coca-Cola bottle is protected by design patent and trademark.
How trademark registration is 
advantageous to your business?
Trademarks are usually known to be brand name or logo more than its legal 
term. It is a combination of symbols, names, words, numerals that is graphically 
registered as trademark under the trademark registration act, 1999. In addition, 
the registration of the trademarks grants the user, certain rights to use the 
unique symbol in order to distinguish the products in the form of goods and 
services from those competitors present in the market. However, the Brand 
Name registered with respect to services is known as the service marks.
TRADEMARK ACT, 1999:
The section 2(1) of the trademark act, 1999 is an inclusive one and it covers 
within its ambit anything that is capable of being graphically represented 
and distinguishing any product. in fact, it was found that motion mark 
cannot be presented in its pure form; it must be presented before the 
registrar as a combination of marks. For instances, sound and movement 
are presented together, like in the case of Sony Ericsson and Nokia. The 
Indian Trademark Law and Practice have expanded its purview recently to 
accommodate protection of various and different types of non- traditional.
Concerning registration of an Unconventional trademark, a Draft manual has 
been developed which mentions that the trademark law is to be interpreted 
broadly. Draft manual elaborates on the registration and protection of 
trademark which are not conventional, such as colour trademark, smell 
trademark, the shape of goods are all protected keeping in mind public 
interest of the company.
THE PRIMARY CONSIDERATIONS OF TRADEMARKS:
The primary considerations for according trademark protection in India are that the 
mark must be capable of:
 Being graphically represented; and
 Distinguishing any product
BENEFITS OFFERED BY TRADEMARK REGISTRATION:
 EXCLUSIVE RIGHTS:
Further more, a creator of the brand enjoys the exclusive right by not allowing the 
third parties to use his marks without his consent. It gives the right to sue the 
unauthorised user of the Trademark Registered. However, the rights are granted 
after issue of registered certificate only under the class applied. This right cannot 
be appealed for an activity which is not covered by the applied class.
 CREATION OF GOODWILL AND TRUST:
The quality of your product and services are known to everyone through the 
trademark which establishes trust and goodwill among the customers. Once, the 
brand name is legally registered it creates a positive image among consumers. It 
also helps in creating permanent customers who are loyal and opt the same brand.
 SET YOUR PRODUCTS APART:
In essence, Trademark creates a unique identity for your products to distinct from 
competitors who acts as an efficient commercial tool to market the product. 
Further more, the logo will communicate your vision, quality or unique 
characteristic of your products to the third parties.
 RECOGNITION OF PRODUCT’S QUALITY
A registered brand name gives recognition to the quality of the product. 
Customer’s gets attach with the product’s quality. An image is created in the 
market about the quality of a particular brand which helps in attracting new 
customers as they can differentiate the quality of a product by the logo or brand 
name.
 USE OF R SYMBOL:
Once the trademark is registered you can use the R symbol along with your brand 
name. Further, no one can use the same trademark. It is exclusive for all types of 
usages as well as rights. Thus, this will be a direct intimation to third parties 
regarding ownership of trademark. If someone else use the trademark then you 
sue the party if the trademark is registered.
 PROTECTION FOR 10 YEARS AT NEGLIGIBLE COST:
Trademark registration can be done on a very low maintainability cost. 
Once the trademark is registered you have to just pay the maintenance 
cost and renewal cost which is after 10 years from the date of registration. 
The registration is cost efficient and helps your organization to create a 
unique image with legal protection of 10 long years at nominal cost.
Copyright registration:
.
Besides, the copyright registration is one of the intellectual property rights 
that is created to protect the exclusive and original work of any person. In 
fact, it is a legal right created under the law to protect intangible things like 
ideas, creativity and thoughts in a tangible medium that is when these are 
written, published or saved in a tangible medium or by means of 
expression. Moreover, Copyright cannot be claimed if the work is not 
original, exclusive and transferred to a tangible medium.
Further, the main aim of copyright law is to safeguard the ideas and 
creativity of the authors from infringement by other artists. Authors 
or copyright holders can have financial gains by licensing their work 
for further printing, broadcast, converting into another medium for 
cinematography, etc. In particular, copyrights can also be sold or 
transferred to others. This makes copyright similar to other 
conventional types of property. Moreover, Once the copyright is 
registered it is valid for 60 years. On the death of owners, the 
nominee can look after the properties.
THE MAIN USAGE OF COPYRIGHT:
The common usage of copyrights is assignment and licensing. Besides, in 
India, assignment of copyright will be valid only if the same is done in 
writing and is signed by the assignor on the duration of the assignment 
associated with such copyright. A copyright holder can assign the entire or 
part of copyright with certain limitations in any current or future work. After 
an assignment, the assignee is treated as the owner of the work for the 
rights which have been assigned to him.
Similarly, the licensing helps the copyright holder to have monetary gains 
for distribution or use of his copyrighted work. This is the main incentive for 
any person to develop a work which can be copyrighted. Consequently, an 
exclusive license is the license that gives the licensee the rights in a 
copyright to the exclusion of all other people including the copyright holder. 
A non-exclusive license is where there might be several other licensees.
COPYRIGHTS – LICENSING AND 
ASSIGNMENTS:
Moreover, once a legal representative gets the ownership of a copyright, he 
has absolute control over the rights associated with the copyright. He has 
the right to use the works for all monetary gains till the protection term 
lasts. However, financial exploitation like licensing and assignment can 
happen in the name of the original author unless the original author has 
transferred his moral rights. Hence, this ensures that the original author is 
given acknowledgment for his rights during the whole period of the 
protection of the copyright.
How to know type of patent is better 
for your invention?
If when you describe your invention to others, you describe the invention in 
terms of its function or utility, a utility patent registration will be the best 
type of protection. Specifically, if your invention is described in terms of its 
aesthetics, then design patent application will be the best type of 
protection. The design patent protects pattern design, layout, 
ornamentation, sculpture and other aesthetic features of a product.
Sometimes, if you need to explain your product by using words that 
describe both function and aesthetics. In that case, you may be able to get 
both types of patents. However, if funds are limited, you may have to 
choose one of the two types of patents that are better suited for your 
invention. Seek competent patent counsel in this instance since a patent 
attorney would be best able to help you make the right decision. 
Specifically, The design patent will valid for 15 years from the date of your 
filing. The utility patent will be valid for 20 years.
THE PROCESS FOR GETTING A PATENT:
 Step 1: File an application for patent with the United States Patent and 
Trademark Office (USPTO)
 Step 2: Examination of patent application
 Step 3: Respond to any objections /rejections made by the examiner.
 Step 4: Patent grant
Design registration:
The design protection is known as design patent and the protection is 
provided under patent law, there is no separate legislation like India 
although if you are seeking protection in a country other than India you 
need to make an application separately although you can take priority by 
providing date of the application filed in the party.
  
REGISTERED DESIGN:
 Design registration protects the products features, shapes, ornamental value or 
pattern of the article. Functional aspects of the design will not be protected 
under the design law. The functional aspects can be protected under the 
trademarks. The design for registration should include the following to be 
considered registerable:
 The design should be original. The originality of the products is applicable to the 
products that is not published anywhere around the globe. The design registered 
should be distinguishable from any existing or known design in India.
 Originality in the article means that the design must be originating from the 
author’s mind; which can include old design but the application for it must be 
new.
UNREGISTERED DESIGN:
 Since design registration protects the aesthetic value of the product on the 
condition that the design is registered with the intellectual property office as in 
India unregistered design do not receive protection. Hence if you have a design 
that you might think have unique aesthetic value register it immediately before 
the design is copied and registered by any other proprietor.
Industrial design:
The Industrial Designs Bill, 1999 are replaced by the Designs Act, 1911. 
Industrial design involves creating products with maximum function, value, 
and appearance for manufacturers and consumers. The designers create 
original designs or existing design by the guidance of their clients and 
manufacturers specific requirements. Like wise, they often work with project 
managers, marketers, engineers, and manufacturing professionals.
Consequently, these designers are highly required by every individuals 
these days, as consumers and companies demand wearables, products 
relating to the Internet of Things (IoT), and innovative technology. Because 
industrial designers utilize an imaginative process, they seek inspiration 
and new ideas while developing concepts and designs for manufactured 
products. Further more, they also seek tips and strategies by using tools 
such as Auto desk, solid works, and 3D modelling and printing.