What Is The Difference Between Copyright, Patent, and Trademark?

 

Patents, Trademarks and Copyrights: An Overview

Intellectual Properties have been able to allure attention of the global market, the three major form of Intellectual Properties Copyrights, Trademarks and Patents have played a major role in all fields of industries such as automotive, music, electronic, food and further more. The proprietors of intellectual properties are eager to protect their inventions, artistic works, brand identity and to yield benefits from the same.

The very basic concept of Intellectual property laws is to give innovator and creators legal rights to protect and benefit from their intangible assets, these laws protect the original creation from using, copying dealing or damaging by any kind of any unauthorized and illegal use. Though all intellectual protection shall be converted into a physical application of the idea.

To know more about how these intellectual property rights are different from each other, we shall first have a glance what does actually each form of Intellectual properties covers;

What is a Patent?

Being one of the most important and complicated form IPR, Patents can be defined as a legal right provided to innovators for their new inventions, it vests an exclusive right to the inventor to protect their inventions and is most essential rights for the same.

In India patents are governed under The Patents Act 1970 and The Patent rules 1970, over the last 5 decades the laws have been amended as per necessitated requirements such as granting protection to goods like food, pharma and chemical inventions.

If one seeks to obtain a patent, one has to make sure that their invention fulfils the minimum requirements as per the laid down laws, which states that an invention muse be new, non-obvious and must have an industrial application.

What is a Copyright?

Copyrights have been eye candies for entertainment and various other industries, the creators using their artistic ideas in the field of literature, drama music, computer programmes and so forth seeks to protect their creation or artistic work from being copied, replicated and distributed unauthorizedly.

The rights that are vested with the creator are to protect the expression of an idea and not the idea itself, the same has been set out in the laws governing copyrights in India which are The Copyrights Act 1957 and The Copyright Act 1958. Further to mention copyrights can be broken in two parts; 1. Economic rights, which let the creators to attract economic benefits for their work, the same are transferrable to a third party through various ways such as broadcasting, assignment, licencing and so forth; 2. Moral rights which are not transferable.

What is Trademark

We have been through the era of globalization, and now seeing the peak of it in the last decade. The market has been flooded by new brands in the race of making an identity for themselves and the existing ones are trying to maintain their identity.

Trademarks can be considered as an essential tool for brands to protect their brand’s goodwill and letting people to differentiate better among goods and services provided by one company to goods and services provided by some other company.

Trademarks can be symbols, words, graphics which usually consists brand names, logos and so forth or a combination. The same has to be unique, non-descriptive and uncommon, the same has be set under the governing law i.e. The Trade marks act 1999 and The Trade marks rules 2018.

Copyright Vs. Trademark Vs. Patent: Know the Difference

When we read about Copyright, Trademarks and Patents, it provides a clear understanding that even though all three of them falls under the brackets of intellectual property but are different from each other in various aspects.

This content is originally posted on: https://www.rkdewan.com/

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