Protecting Intellectual Property through Trademark and Copyright Law

ABSTRACT:

Protecting Intellectual Property through Trademark and Copyright Law: Authors, designers, developers, and inventors can use Trademarks or copyright to safeguard the concepts they have created. The goal is to stop others from unfairly benefiting from their inventions or works of art i.e., by protecting their intellectual property. Additionally, it gives them a chance to recoup the money they spent on product development.

KEYWORDS:

• Protecting Intellectual Property through Trademark Law
• Trademarks Act, 1999
• Protecting Intellectual Property through Copyright Law
• Copyright Act, 1957

INTRODUCTION: 

The ownership rights one has over the items/things that are result of original ideas of a person or business to protect from unauthorised used by third parties are known as Intellectual Property Rights. Intellectual property can be protected through 2 major ways i.e., Intellectual property protection through “Trademark Law/Trademarks act, 1999” and “Copyright Law/Copyright Act, 1957”.

BODY: 

Intellectual Property Protection through Trademark Law [Trademarks Act, 1999]: In India, Trademark Act came into effect in 1999 in compliance with TRIPS – Trade related aspects of Intellectual property rights after getting replaced by Trademark and Merchandise Act, 1958. The aim of trademark act is to protect the representations of users and to grant them a legal remedy regarding same. Trademark act provides punishments and penalties to the offenders of the act.

India has ratified the Madrid Protocol, which allows for the international application and registration of trademarks. But the mark must first be filed in India in order to file and register an international application (under the Madrid Protocol) in a foreign jurisdiction. It is essential to have the protection provided by a trademark registration since it safeguards the brand name, logo, sound, shape, etc., and distinctly identifies the products or services to the brand, giving the mark its individuality. Additionally, a trademark registration is valid for a first term of 10 years, after which it may be perpetually renewed for additional terms of 10 years.

Benefits of Trademark Registration

• A trademark registration is an intrinsic asset that increases the worth of the company.
• Gaining market dominance and building brand value are made easier with trademark registration.
• A trademark’s registration serves as conclusive proof of its validity.
• The owner of a registered trademark has the sole right to use that mark and to seek redress in the event of trademark infringement.
• Ten years can pass between renewals of a trademark registration.
• A trademark’s registered owner may assign or license their trademark in order to transfer their ownership.

The main prerequisites for trademark registration include that the mark must be able to differentiate the goods or services from those of competitors and that it must be able to be represented graphically. Trademarks are the unique representations/marks of the trade or business which are specifically owned.

Trademark can be in form of :

Wordmarks: A sort of trademark that is entirely composed of words is called a wordmark., 

Device Marks: Device marks are used to describe logos or a particular style or design of a name. Any label, sticker, monogram, logo, or geometrical figure other than a word mark is considered a device mark., 

Service Marks: Device marks are used to describe logos or a particular style or design of a name. Any label, sticker, monogram, logo, or geometrical figure other than a word mark is considered a device mark., 

Collective Marks: A trademark that can distinguish the products or services of members of a group of people is referred to as a “collective mark.” Associations utilize them to establish a standard of quality or accuracy for themselves such as CA, ICAI, BIS., 

Certification Marks: A certification mark is essentially a trademark that certifies that the products or services bearing it meet the requirements for quality set forth by the certifying authority eg. ISI Mark, WOOLMARK., 

Well known Marks: When referring to any goods or services, the term “well-known trade mark” refers to a mark that has gained enough recognition among a sizable portion of the public who use such goods or receive such services that the use of such a mark in relation to other goods or services would likely be interpreted as establishing a connection such as BAJAJ, TATA, BISLERI, HONDA etc., 

Colour Trademarks: The colors that stand for a specific company and what it represents might be registered as a trademark. The color, or the mix of colors, must be able to distinguish one entity’s products from another in order to qualify for a color trademark registration such as PAYTM Colour Combination and PAYPAL Colour Combination., Sound Marks, 3D marks, Smell Marks. 

Trademark is represented by the Symbol TM, SM, and ® in superscript as:  

(a) TM: Trademark applied for but not yet registered. 

(b) ®:  This is a symbol of Registered Trademark. 

© SM: This symbol stands for Service Mark.

Intellectual Property Protection through Copyrights Law [Copyrights Act, 1957]: 

Copyright is a legal term for an intellectual property right that producers of cinematography films and sound recordings as well as authors of literary, theatrical, musical, and creative works have. It also holds true for software and architectural creations. Copyright comprises a range of rights that grant the creators control over how their work is going to be copied, shared , adapted. It safeguards the author’s ownership.

Benefits of Registration of Copyright

• It enables the proprietor to safeguard against unauthorized usage of his creation.
• When your work is going to be utilized or altered in any way, it is simpler to assert ownership and royalties.
• The date of publication is specified during copyright registration.
• If there is ever a claim of copyright infringement, having your name registered as the owner of the rights may be to your advantage.

The process for registering a work is as described in Chapter VI of the Copyright Rules, 1956, as amended:

On form IV, a registration request must be made. For the registration of each work, a separate application should be made. Each application must be submitted with the required fees, which are listed in the rules. The applicant, the agent named in a power of attorney, or the lawyer named in a vakalatnama must sign the application. The Power of Attorney must be enclosed, with both the party’s signature and the advocate’s acceptance. 

The Copyright Act grants the author a financial right to make any cinematographic film or sound recording, to adapt the work, to translate it, to perform or communicate it to the public, and to issue copies of the work. A paternity right, which allows one to claim authorship of the work, an integrity right, which protects one’s honour and reputation, and a general right, which prevents one from having a work falsely claimed to be their own, are also provided for under the Act. Even after the copyright has been assigned, the author still retains these moral rights.

Civil and Criminal Remedies for Copyright Infringement

Civil remedies for copyright infringement are covered by Section 55 of the Copyright Act of 1957. Restitution, injunctions, account interpretation, deletion of copies made infringing, surrender of copies made infringing, and conversion damages are all included in these civil remedies. Criminal consequences for copyright infringement are laid out in Section 63 of the Copyright Act of 1957. These criminal sanctions may include jail time, fines, searches, the confiscation of illegal substances, etc. Maximum fines range from 50,000 to 2,00,000 rupees, and the maximum prison term is 3 years, albeit it must be less than 6.

AUTHOR’S CONTENTION:

Protecting Intellectual Property through Trademark and Copyright Law: With the founding of the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations that represents and defends the commercial interests of holders of copyrights, patents, trademarks, and trade secrets, the term “intellectual property” was first used in a legal decision in 1845 and gained formal weight in 1967. The production, replication, and distribution of cultural and technological artifacts using digital technology marked the beginning of “intellectual property’s” pervasive use. A fresh economic and legal language also emerged along with a new political economy. A key concept in this new discourse is “intellectual property,” which has negative cultural connotations and can be used as a weapon. Its use need to be opposed. Copyrights Act and Trademarks Act are the most widely used Intellectual property protection acts in India and must be used. When a country makes progress its Intellectual properties registration must also increase at the same pace, but in India IP registrations are registered at a very slow pace and numbers as compared to the growth of the country. Hence this needs to grow. 

CONCLUSION:

From all the discussion above it is clear that Copyrights and Trademarks are very vital for the Intellectual Property rights protection and its use must also be increased. The importance of Intellectual Property rights cannot be ignored at any cost in today’s world. To get the most benefit out of Intellectual properties it is advisable to get it registered through Copyright or Trademark so that your work can be saved and ownership can be claimed when ever the need arises and any infringement of your work or rights can be prevented and compensated. This was all about Protecting Intellectual Property through Trademark and Copyright Law.