Types of Intellectual Property Rights in INDIA
TRADE MARK
Definition and significance:
A trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings.
A trademark can be a sign, words, letters, numbers, drawings, pictures, emblem, colours or combination of colours, shape of goods, graphic representation or packaging or sound or any combination of the above as applied to goods or services.
COPYRIGHT
Definition and significance:
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work .
DESIGN
Definition and significance:
A design refers only to the features of shape, configuration, pattern, ornamentation, composition of colour or line or a combination thereof, applied to any article, whether two or three dimensional or in both forms by any industrial process or means which, in the finished article, appeal to and are judged solely by the eye.
PATENT
Definition and significance:
A patent is granted for an invention which is a new product or process involving an inventive step and capable of industrial application. “New invention” means the subject matter has not fallen in public domain or that it does not form part of the state of the art; Inventive step is the feature(s) of the invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. Capable of Industrial application means that the invention is capable of being made or used in an industry.
GEOGRAPHICAL INDICATIONS
Definition and significance:
A geographical indication identifies agricultural or natural or manufactured goods as originating or manufactured in the territory of a country or region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and, in case where such goods are manufactured goods, one of the activities of either the production or processing or preparation of the goods concerned takes place in such territory, region, or locality, as the case may be.