If you can't separate Maggi from Xerox in terms of Intellectual Property, or Apple as a brand from the way its apps appear on iOS, you're part of a large group of consumers and businesspeople who don't understand the differences between trademarks copyright and patents.
Trademarks, Copyrights & Patents – In this brief article, we will delineate the nuances of each while also trying to cast light on their significance and need.
Copyrights – Books, Movies, or Ideas?
Possibly, the most common misconception about copyright that exists is getting an idea copyrighted. As far as Indian laws are concerned, there is no copyright that can be granted for an idea, but rather what the law protects is the expression or the manifestation of the idea.
- This leads to copyrights existing in literary works like books. dramas, scripts, music, lyrics, computer programs etc.
- This is not all, for those in the creative arts space – copyrights can also be sought for sculptures, artwork, and photographs
- The only other requirement besides originality is the tangibility of the creation
- What this means is that the creation should be on such a medium that is perceptible by ordinary senses, thereby eliminating any scope for granting copyrights to mere ideas.
Life of Copyright
A copyright public performance exists for as long as the author survives, plus seventy more years. During this period, a copyright may be sold, assigned or licensed for a particular time period. This is also how most books that are turned into films are made workable.
Since the copyright registration vests in the original creativity of the idea, there are many cases of movies that were rip-offs or use an idea embodied elsewhere. A famous case is of the movie Avatar, where its director David Cameron was dragged to court for allegedly copying the alien planet design from artwork and was successfully defended by him.
Trademarks – What, Why, and Until When?
While creativity may vest in designing a logo, just like artwork or writing a catchy slogan, these are not covered by the Copyrights Act literary work. Any logo (The swoosh for Nike), brand-name (Coca-Cola), word (Classmate), label (Chanel), numerals (Forever 21) or even a combination of colours used (The blue, white, and red of Pepsi) qualifies to be a trademark.
Since a business uses all of these in its dealings, casting an impression of a certain standard of quality, the law prohibits anyone else from employing the same combination and give the impression that the goods belong to someone else.
You can check trademark availability with Vakilsearch’s free trademark search tool before registering a trademark.
Do Trademarks Have to Be Registered?
No and yes. Although a online trademark registration is preferred as it comes in handy while battling out legalities in a court, even though a trademark may not be registered, it will still be given validity by looking at factors like its duration of existence, the value customers attach and its outreach. In case of a clash between two brand names – one registered and the other unregistered, the verdict of the court is often seen to tilt towards an older brand name even though it may be unregistered.
Registered trademarks are allowed to use the ® symbol. Though a trademark once registered, is valid forever, it must be renewed every 10 years.
Difference Between Patent, Copyright, and Trademark
Trademarks: Brand Guardians
A trademark guards your brand in the marketplace. It’s like a shield that protects your brand name, logo, or slogan from being used by others. This way, consumers can easily identify your products or services. Trademarks are your business’s distinct identity markers.
Copyrights: Artistic Shield
Just as Vakilsearch protects your intellectual property rights, copyrights shield creative works. Copyrights encompass artistic creations like music, literature, and art. When you register a copyright, you’re claiming ownership over your creatives and preventing unauthorized reproduction.
Patents: Innovation Guardians
A patent grants you the exclusive right to your innovative creations. This includes new inventions, processes, and technological advancements. Patents empower you to control who can use, make, or sell your invention, giving you a competitive edge in the market.
Your creativity deserves recognition, and your innovations deserve protection. With Vakilsearch by your side, you can navigate the intricate world of intellectual property with confidence. Your peace of mind is our responsibility.
Use of Patent Vs Copyright Vs Trademark
When to use each form of protection depends on what you’re trying to safeguard:
Trademarks: If you’ve crafted a unique brand name, logo, or tagline, a trademark is your ally. It prevents others from using similar marks that might cause confusion in the market.
Copyright: For creators of literary, artistic, and musical works, copyright is your shield. It prevents unauthorized copying, distribution, or adaptation of your original creations.
Patents: When you’ve devised a groundbreaking invention, a patent is your Armour. It grants you the exclusive right to produce, sell, or use your invention for a specified period.
Role of Registrar for Patent, Copyright, and Trademark
The registrar acts as a gatekeeper for intellectual property. Their role is to review applications, ensure they meet legal requirements, and grant protection. For trademarks, copyrights, and patents, the registrar’s approval is crucial to secure your rights.
Validity for Patent, Copyright, and Trademark
The duration of protection varies for each type of intellectual property:
Trademarks: Trademarks can be renewed indefinitely as long as they’re in use and renewed within specified intervals.
Copyright: Copyright protection usually lasts the lifetime of the creator plus a certain number of years after their death. After that, the work usually enters the public domain.
Patents: Patents typically last for 20 years from the date of filing. After that, the invention becomes public property.
Patents – Stents, Tents and Everything Tech
From medical equipment to scientific expedition tools and computer programs, technology surrounds us everywhere. A Patent Registration protects the way something is made, its process, its composition, the methodology of its creation. It covers all stages in the spectrum – from conceptualization to development and improvisation.
- In India, a patent is granted for a period of twenty years
- It is although advisable to file a patent as soon as possible, as claims in this regard are often decided on a ‘first to file basis
- So, in case two people develop the same process independently, the one filing it first in the Patent Office has a superior claim
- Moreover, in India, a patent grant takes on an average of five years from the initial filing. After the grant, the patentee may sell, license or assign the patent or make commercial use of the patent in his or her own interest
- However, the government has enough power to obtain a patent and make it compulsorily licensed for use in the interest of the public.
Patents are meant to reward the first inventor to accrue distinct advantages that flow from the exclusivity of the patent. One of the most intriguing cases of patent infringement was the dispute between Apple and Samsung over the slide-to-unlock technology for their mobile phones. The case was settled last year in favour of Apple, after four years (strangely, by the time the case was finally adjudicated, the facial recognition and fingerprint unlocking had made the debate redundant).
Trademarks, Copyrights & Patents – How Do They Differ?
Creative content protection – Trademarks, copyrights, and patents are distinct forms of intellectual property protection, each serving a specific purpose. A trademark is a symbol, phrase, or design that identifies and distinguishes a brand or product from others in the market. It grants exclusive rights to the owner, preventing others from using similar marks that may cause confusion among consumers.
Copyright, on the other hand, protects original works of authorship, such as literary, artistic, or musical creations. It grants the creator the sole right to reproduce, display, and distribute their work. Unlike trademarks and copyrights, patents are focused on protecting inventions and new technologies. Patents provide exclusive rights to inventors, enabling them to prevent others from making, using, or selling their invention without permission. They encourage innovation by granting inventors a limited monopoly over their inventions. Understanding these differences is crucial for individuals and businesses seeking to protect their intellectual property and maintain a competitive edge in the marketplace.
Hope this blog regarding Trademarks, Copyrights & Patents – how do they differ was helpful. For more information contact Vakilsearch.
FAQs
How Long Does a Patent Last?
A patent typically lasts for 20 years from the date of filing. This period provides the inventor with exclusive rights to their creation, allowing them to enjoy the benefits of their innovation.
Can You Sell Your Patent?
Yes, you can sell, license, or transfer your patent rights to others. This can be a strategic move if you're looking to monetize your invention.
Is There a Universal Trademark?
There isn't a one-size-fits-all universal trademark. Trademarks are specific to their geographical boundaries, categories and industries.
Read More:-
