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 |
