Trademarks pertain to symbols, words, and phrases that represent and distinguish a brand or product. Copyrights, on the other hand, protect original works of authorship, including writings, music, and art. When discussing patents, there are three principal types: Utility Patents, which cover inventions and new processes; Plant Patents, designated for newly invented or discovered, asexually reproduced plants; and Design Patents, protecting the unique appearance or ornamental design of an item.
Trademarks, Copyrights & Patents may seem synonymous, but they are not. In this Brief article, we will delineate the nuances of each while also trying to cast light on their significance and need.
Trademarks – Everything You Need to Know
While designing a logo, like artwork or writing a catchy slogan, requires creativity, it is not protected by the Copyrights Act as literary work. Any logo (the swoosh for Nike), brand name (Coca-Cola), word (Classmate), label (Chanel), numerals (Forever 21), or even a combination of colors 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 giving the impression that the goods belong to someone else.
What Is Included in a Trademark?
A trademark typically includes symbols, words, or phrases that identify and differentiate a brand or product from others. It safeguards brand reputation and prevents confusion among consumers regarding the source of goods or services.
What Is a Copyright?
Copyright is a legal provision that grants the creator of an original work exclusive rights to its distribution and reproduction. This could involve literature, music, photography, and other forms of creative expression. The objective is to motivate creativity by giving creators control and financial benefits from their creations.
Do Trademarks Have to Be Registered?
No and yes. Although a registered trademark 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 to it, and its outreach. In the 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.
What Are the 3 Types of Patents?
Understanding patents requires familiarity with its three major classifications:
Utility Patent:
The utility patent is arguably the most renowned among the patent types. Its main purpose is to provide protection to new inventions or discoveries. These inventions typically involve tangible processes, machines, or improvements that present a distinct and beneficial function. To provide a clearer understanding:
- Processes could relate to methods of doing something or certain chemical methods.
- Machines generally cover things that are mechanically operated.
- Manufactures refers to goods or products that are made.
- Compositions of matter delve into chemical compositions and could involve pharmaceuticals.
Furthermore, the utility patent doesn’t solely cater to entirely new inventions. If someone has found a way to enhance an existing invention in a way that provides a new and useful function, that improvement could also be eligible for a utility patent.
Plant Patent:
Plant patents are a boon for those in the horticultural and botanical fields. While all patents are designed to encourage innovation, the plant patent recognises the unique challenges and discoveries in the realm of botany. The primary criterion for this patent is the plant’s method of reproduction; it must be asexual, meaning it’s reproduced through methods like grafting or cloning, not through seeds. This ensures that the plant’s unique attributes are preserved in each new generation. Another salient point to note is the plant’s originality. The discovery of plants in a wild, natural setting, even if they’ve never been documented before, won’t qualify for a plant patent. The plant must be cultivated and distinct in its attributes.
Design Patent:
While the other patent types often focus on the function or utility of an item, the design patent is all about aesthetics. Inventors who’ve created a new and ornamental design for a product can seek protection to ensure that others don’t copy their unique look. It’s essential to understand that this patent strictly guards the visual attributes of a product — its shape, surface ornamentation, or a combination thereof. If a design serves a functional purpose or if it’s essential to the product’s use rather than its look, it wouldn’t be eligible for a design patent. For example, if someone creates a unique-looking chair, the design patent would protect its distinctive look, but not the basic chair function of providing seating.
Patents: Stents, Tents, and Everything Technological
From medical equipment to scientific expedition tools and computer programs, technology surrounds us everywhere. A patent protects the way something is made, its process, its composition, and 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, however, 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 the event that two people independently develop the same process, the one filing it first in the Patent Office has a superior claim
- Moreover, in India, a patent grant takes 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 favor of Apple, after four years (strangely, by the time the case was finally adjudicated, facial recognition and fingerprint unlocking had made the debate redundant).
Copyrights: Books, Movies, or Ideas?
Protect Creative Works India – 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 disclaimer 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 copyright registration existing in literary works like books, plays, scripts, music, lyrics, computer programs etc.
- 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 in a medium that is perceptible by ordinary senses, thereby eliminating any scope for granting copyrights to mere ideas.
Life of a Copyright
A copyright 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 vests in the original creativity of the idea, there are many cases of movies that were rip-offs or used an idea embodied elsewhere. A famous case is that 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.
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