Intellectual Property Protection

Abstract: When a property is generated using human mind, logic or intellect, it is called as Intellectual Property while when this property is protected in a particular country, and the rights are given to the creator by the Government of a country, then it becomes Intellectual Property Rights. Intellectual Property (IP), when unprotected, cannot be enforced, however, Intellectual Property Rights (IPR) can be enforced only in the country where it is granted. IPR can be divided into different forms based on the scope of protection and the country of protection and not in another. IPR are generally categorized into Patent, Trademark, Copyright and Design. Each of these rights, vary in terms of the scope of protection accorded, criteria for its grant and term of protection. The criteria for grant of any form of IPR are based on the Agreement of Trade Related Aspects of Intellectual Property Rights and by the national acts of a country. A patent is given for technology that is a product or a process or may be both, for a term of 20 years from the date of filing and should meet the three criteria namely Novelty, Inventive step and Industrial application in order to be granted. Trademark protects both trade and services marks, be it a logo, phrase, a combination of both, smell or a particular tune, for a term of 10 years and its renewable till it is in use. While Copyright is automatically generated once a work is created, however, to enforce the copyright, it has to be registered. The aesthetics of an article is what is protected through Design for a term of 10 years, renewable for another 5 years. It is noteworthy, that the IPR are territorial in nature and would accord rights only in the country where the application is filed and granted. It is also interesting to note that the later three- Trademark, Copyright and Design are also crucial from branding point of view. There are other forms of IP such as Geographical Indications, trade secrets, plant variety, etc. In this article the main focus would be on design protection in India and route to protect in other countries. Practical Implications: Innovators can get ideas about the different IPRs after reading this article and they can they can go for IPR registrations using available channels