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Intellectual Property Rights - IPR

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INTELLECTUAL PROPERTY RIGHTS Property created by intelligence of the person is Intellectual Property and such person has all rights on it as he has right on other property. These properties includes trademark, copyright, design & patent. To protect their rights it is required to get registration of IPR with the concerned regulatory authority.

TRADE MARK

A trademark is a visual representation attached to goods for the purpose of indicating their trade origin. Trademark as a mark capable of distinguishing the goods or services of one person from those of others.

A trademark serves the purpose of identifying the source of origin of goods and services. Trade mark perform the following functions :

  • It identifies the product and its origin. For example the trademark 'Brooke Bond' identifies tea originating from the company manufacturing tea and marketing it under the mark
  • It guarantees its quality. The quality of tea sold in the packs marked 'Brooke Bond' tea would be similar but different from tea labeled with mark 'Taj Mahal'
  • It advertises the product
  • It creates an image of the product in the mind of the public particularly consumers or the prospective consumers of the goods/services

To protect the registered trademark, the following remedies can be resorted :

  • Civil Remedies : When instance of infringement and passing off occur, the court of competent jurisdiction can be moved for grant of interlocutory injunction, damages and account of profits
  • Criminal proceedings : Complaints may be made against the person causing infringement
  • Administrative Remedies- Opposing the registration of a deceptively similar trademark when the Trade Mark Registry is in the process of considering the grant of a trademark, can protect the trademark.

Copyright

Copyright is an exclusive right to do certain acts in relation to :
  • Literary, Dramatic or Musical Works
  • Artistic Work
  • Cinematography Film
  • Sound Recording

Design Rights

Design-An article is distinguished not only by its utility but also by its visual appeal which too usually play an important role in shaping the buyers preference for the article. The design of an article and even design of its packaging is important from the commercial point of view. A design must be some shape, configuration, pattern or ornamentation or composition of lines or colours applied to such article in any form by any industrial process or means but does not include any mode of construction or any thing which is in substance a mere mechanical device.

Patent Right

Patent - an invention is the creation of intellect applied to capital and labour, to produce something new and useful. Such creation becomes the exclusive property of the inventor on grant of patent. The patentee's exclusive proprietary right over the invention is an intellectual property right.
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