Intellectual Property (IP) refers to creation of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights are the protections granted to the creators of IP and include trademarks, copyright, patent, industrial design rights and in some jurisdiction trade secrets, according to the free encyclopedia.
The decision between registering a trademark and a copyright is not always clear. Although copyright and trademark both are instruments of protecting your intellectual property rights. However, there are various huge differences between trademark and copyright protection.
Copyright is a form of security provided to the authors of “original works of authorship” of both published and unpublished. The Act generally provides the owner the exclusive right to reproduce the copyrighted work, to prepare offshoot works, to supply copies of the copyrighted work, to stage the copyrighted work widely and publicly. The copyright guards the form of expression more than the subject matter of the writing. From January 1958 the Copyright Act came into effect and since then it has been amended five times. Copyright registration covers the following:
• Literary works such as books, literature, technical drawings, computer programs, computer databases etc.
• Musical works or Audio Visual work
• Artistic works including logos, photographs, pictures
A trademark generally refers to a word, name, symbol or device, brand or logo, business name, distinctive catch phrases, taglines or captions which are used in commerce with goods to specify the source of the goods and to characterize them from the goods of others. Trademark rights are used to impede others from using a similar mark, but do not prevent others from making the similar goods or from selling the similar goods or services under a clearly different mark.
During the past years it has become the most priceless asset of an establishment. Trademarks such as Coca Cola, Dell, Canon, Nike and Adidas provide for the sign origin of the goods as well as an indicator of quality.
Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks. Therefore, it is essential to acquire trademark registration for the industry trade or name under the Trademarks Act. The objective of the Trade Marks Act is to offer better security of trademark for goods and services and prevent falsified use of the mark.
The Trade Marks Registry in India was established in 1940 and currently administers the Trade Marks Act, 1999 and the rules made there under. It acts as a reserve and information hub and is a facilitator in affairs concerning to trademarks in the country.
Author name – SHEELA JOBY
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