CopyrightsPatentsTrademarks

Advantages & Disadvantages of Intellectual Property

Intellectual Property Rights help regulate and govern the legal rights associated with the creations of the mind. The protection of such rights was a recent addition to our laws but has quickly become an integral part of the modern-day business world. Patents, designs, copyrights, and trademarks are the most common forms of intellectual property.

Experimental proof suggests that intellectual property compels a significant segment of an organisation’s market value at present. These mechanisms have become a crucial part of the modern business environment where credibility and reliability are everything. 

The trademark is a part of a brand’s identity that enjoys legal protection. Companies need to get their brand registered to differentiate their goods from rival products. The Intellectual Property Department has an objection against most brand names. Copyrights and trademarks will help your firm secure and control the credibility of your products in a legally efficient manner. 

What Are Patents?

Patents are rights conceded by a government to a creator or the innovator’s appointee for a fixed period in return for the declaration of an innovation. Patents actively prohibit others in the market from copying your invention. However, they do not serve as assurances of revenue. Instead, they provide the owner with exclusive rights to manufacture, market, and sell their invention for a predetermined period. Inventors can use this interval to recuperate and compensate for the effort and money needed to create such an innovation.

Advantages of Patents

  1. You get trade control insurance from the government within the legislative existence of the patent. As a result, they help in establishing a monopolistic market that prevents and restricts the rise of counterfeits.
  2. It encourages innovation by allowing the inventor exclusive rights over their product or idea. Counterfeit restrictions allow the patent holder to raise the price above the market-clearing cost and hence make a profit.
  3. Moreover, patents offer predominant rights when deliberate infringement occurs. If a court finds that a person has willfully infringed and encroached on the patent rights, the patent holder is liable to receive compensation from them.

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Disadvantages of Patents

To start with, patents are expensive to get. They cost a massive amount to bring to court and get registered. Expenses include direct expenses for lawful administrations and soft expenses to portray the innovation to the patent lawyers and administrative centres. These costs rise significantly if the application incorporates overseas authority.

However, Vakilsearch can make the whole process of patent registration easier, and at a nominal expense, for you. 

Patents also enjoy a shorter financial life compared to other intellectual property rights. The legal life for a patent is 20 years from the earliest successful filing date of the application. Since the recording date is when the application process starts, patent holders lose a lot of time in getting their rights registered. The registration process takes a massive part of the patent’s financial life, leading to monetary loss.

Finally, in return for providing exclusivity, the administration asks the designer to reveal the definite idea portrayed in patents, including how they work and what makes them different. The drawback to this is that contenders have precise and explicit facts regarding how to manufacture and work these innovations. Hence, once the patent expires, these parties can create counterfeits with ease, limiting the market advantage of the patent holder.

What Are Copyrights?

Copyright refers to an individual’s exclusive right to produce, reproduce, promote and sell their original work. In most instances, Copyright, a form of intellectual property law, protects original works of authorship including such works are musical, literary, artistic, architectural, or dramatic. Additionally, literary work may include those of electronic nature, such as programs, compilations, databases, and tables

Advantages of Copyrights

  1. Copyrights have a longer validity – the life of the creator in addition to 70 years, making them an economical option for those seeking financial gain.
  2. The proprietor is liable to receive compensation and benefits in case of violation or infringement. The process of deciding the benefits is also less demanding than for a patent case.
  3. Copyrights generally have a reasonable price and are easy to enrol for.

Disadvantages of Copyrights

The primary disadvantage of copyrights is that they secure the statement of an idea, not simply the idea, whereas patents safeguard ideas. Copyright law secures the manner in which the inventor communicates the innovation whereas the innovation depicted receives no copyright assurance.

If you are looking to copyright your work, our team of experts at Vakilsearch can do it for you without much effort from your side. 

What Are Trademarks

Trademarks offer protection to brands by restricting others from using logos, taglines, and other brandable things registered by a company/brand. They represent the most profitable categories of IP in the market since they allow business owners to demand a market premium for symbols. 

Advantages of Trademarks

  1. There is no maximum cap for the life of trademarks and the proprietor can keep renewing the registration. 
  2. Trademark registration is moderately economical and simple as it requires only a small fee. While the process is more expensive than registering copyright, it is cheaper than procuring patent rights.
  3. Trademarks are exceptional as they are an asset in themselves and as your brand grows trusted, people will start to buy your products/services just by looking at the trademark. 

Disadvantages of Trademarks

Trademarks protect probably the most significant brands on the planet. Nonetheless, the greater they are, the harder they fall since they bring a measure of unpredictability to the market. Markets change spontaneously, and such changes can affect price and popularity in several ways. Additionally, popular trademarks are in danger of generalisation, wherein consumers connect brands with ordinary products of similar usefulness. For instance, Cellotape and Thermos never started as words, but they gained such a status due to overuse by consumers. As a result, the branded products lost their inherent value.

With a trademark or a brand, you can advertise your company locally as well as globally. Make sure that the name of your brand is distinctive and attractive so that people can easily remember it. Work with Vakilsearch to gain the protection you and your brand ought to have. Feel free to reach out to our representatives to safeguard your inventions, creative works, and brand names with ease! 

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