Trade Mark, Patent, Copyright

Intellectual property (IP) refers to creations of the human mind - inventions, brand names, literary and artistic works, designs and symbols used in commerce. The law grants the creator or owner certain exclusive rights so that others cannot use the protected work without permission. In India, trademark, patent and copyright are three distinct categories of intellectual property, each protected by its own statute, with its own term of protection and its own remedies. They are often confused, so the comparison below explains what each one protects.

Trademark

A trademark is a sign - a word, logo, label, shape or combination of these - that distinguishes the goods or services of one business from those of another. Trademarks in India are governed by the Trade Marks Act, 1999.

• What it protects: brand identity, such as names, logos and slogans used in trade.
• Term of protection: registration is valid for ten years and can be renewed indefinitely for successive ten-year periods.
• Remedy: the registered proprietor can sue for infringement under the Act. The owner of an unregistered mark with established goodwill can sue for passing off under common law.

Patent

A patent is an exclusive right granted for an invention - a product or process that is new, involves an inventive step and is capable of industrial application. Patents in India are governed by the Patents Act, 1970.

• What it protects: new and useful inventions, products and processes.
• Term of protection: twenty years from the date of filing the patent application. A patent cannot be renewed beyond this term; after it expires the invention falls into the public domain.
• Remedy: the patentee can sue for infringement to obtain an injunction and damages or an account of profits.

Copyright

Copyright protects original literary, dramatic, musical and artistic works, as well as cinematograph films and sound recordings. Copyright in India is governed by the Copyright Act, 1957.

• What it protects: original creative works such as books, articles, music, paintings, software, films and sound recordings.
• Term of protection: for literary, dramatic, musical and artistic works, copyright generally lasts for the lifetime of the author plus sixty years. Copyright protection arises automatically on creation; registration is optional but useful as evidence of ownership.
• Remedy: the owner can pursue civil remedies (injunction, damages, account of profits) and, in cases of wilful infringement, criminal action under the Act.

The issue of intellectual property protection has also been addressed internationally. The World Trade Organization (WTO), through its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), set common minimum standards for the protection and enforcement of IP rights across member states. India, being a signatory to TRIPS, has developed a detailed administrative and legal framework for the protection of intellectual property.

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