Clarity

Dear Mehul,

INTELLECTUAL PROPERTY RIGHTS

The creations of human mind and human intellect are called intellectual property. And the rights relating to this intellectual property in terms of ownership, licencing, use, selling of copies etc are termed as Intellectual Property rights. Trademark, Patent and Copyright are some of the Intellectual properties. There are some other intellectual properties like Designs, Geographical Indications etc…. I will try to differentiate between the three…

1.   TRADEMARK

A trademark is a visual symbol in the form of a word, device or a label applied to the articles of commerce with a view to indicate the purchasing public that they are the goods manufactured or otherwise dealt by a particular person as distinguished from similar goods manufactured or dealt by other persons. For example the anchor shaped T of Titan is the trade mark of Titan Watches. No other manufacturer can use that symbol (T) in the watches they manufacture.

Registrar is the key functionary under the trade marks act, 1999. The central Government appoints Controller General of Patents, Designs and Trade Marks as registrar of trade Marks. Thus For the registration of Trademarks and Patent the authority is the same.

2.   PATENT

The term Patent has its origin from Latin Word ‘patene’ which means ‘to open’. In legal parlance the patent is a legal grant of monopoly right for some fixed term to the creator of the new and useful invention in return of his disclosing the invention. It is an important species of Intellectual Property. The grant and use of Patent is governed by Patent Act, 1970. The registrar as above is the key functionary. Patents are generally of much use in Pharmaceutical/engineering companies…..

3.   COPYRIGHT

Copyrights include rights relating to

·       Original literary, dramatic, musical and artistic works;

·       Cinematograph films; and

·       Sound recording.

For example rights given to authors of book, artists, dvd manufacturing companies etc for reproducing/manufacturing there copies are Copyrights or some of its forms.

For effective administration of copyright Act, 1957 and promotion and protection of interests of copyrights owners, following bodies have been created under the Copyright Act –

·       Copyright office ;

·       Copyright board ; and

·       Copyright Societies.

I hope from the above explanation the basic difference between the Trademark, Patent and Copyright is clear and understandable. For more details you may refer law books of IPCC/CS Executive. You may also refer a CENTRAL LAW PUBLICATION on IPR authored by Dr. M.K. Bhandari.

Please feel free to ask any other question on this topic. J

Regards.

Hi mehul,  the easiest way to understand the difference between trademar, copyright, design, patent is your mobile handset.  suppose your mobile is of "X" make.  the letter "X" is written in a special form with a logo.  your mobile is of a unique design and the technology used in the mobile is new and not known to others.  the "X" is a subject matter of trade mark.  the writing style of "X" and the logo is subject matter of copyright/trademark, the design of your mobile is a subject matter of design registration and the technology by which your mobile work is a matter of patent.  i hope now you are clear about it.  if further clarification required post it or mail me natwarrai @ gmail.com/09818906064