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Intellectual Property Rights


Patents, designs, copyrights and trademark are industrial property as they are used in some form of industry or business. They are also aptly termed intellectual property since they are the products of pure intellectual effort. Attempts have been made from time to time to expand the boundaries of Intellectual property and to convert a protective law into a source of monopoly.

Comparitive analysis of patent, copyright and trademark

 

PATENT

COPYRIGHT

TRADEMARK

Right Protected

Right conferred in respect of a new invention to manufacture the product patented or use the process patented.

Right conferred in respect of original, literary, dramatic, musical and artistic works, cinematograph film and records.

Right conferred to use a particular mark, which may be a symbol, word, device applied to articles of commerce to indicate the distinctiveness of goods.

Time Period

14 years and in case of food and drugs 5 or 7 years.

Life time plus 50 years for literary, dramatic, musical and artistic works. 50 years from year of publication for records.

7 years and may be renewed from time to time.

Who Can Register

Actual inventor or an assignee of the right to make an application or legal representative of either.

The author or publisher of, or owner of or other person interested in the copyright in any work.

Proprietor of the trademark and application may be made in the name of an individual, partners of a Firm, Corporation, Government department or Trust.

Commercial Use

Assigning rights or licensing them to industrialists for a lump sum payment or royalty basis.

By assigning or licensing the right to others on a royalty or lump sum basis.

Licensing the right by registration of the licensee as a registered user.

Remedy For Infringe-ment

Injunction, Damages, Accounts of profits.

Civil, Criminal, Administrative.

Injunction, Damages, Accounts of profits



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