If you can’t distinguish Maggi from Xerox in terms of Intellectual Property or Apple as a brand by the way its apps appear on an iOS device, you’re one of the many consumers and businesspeople who don’t understand the difference between copyright, patents, and trademarks.
I will discuss in this article the differences between trademarks, copyrights, and patents, as well as their significance and necessity.
Copyrights- Movies, Ideas Or Books?
Getting an idea copyrighted is possibly the most common misconception about copyright. It is not possible to grant a copyright to an idea in Indian law, but rather the law protects the expression or manifestation of that idea.
- As a result, literary works such as books are protected by copyrights. Dramas, scripts, music, lyrics, and computer programs are also protected.
- If you’re in the creative arts space, you can also seek copyrights for sculptures, artwork, and photographs
- Besides originality, tangibility of the creation is the only other requirement
- Therefore, the creation should be created on a medium that is perceptible by the senses, thereby eliminating the possibility of granting copyrights to mere ideas.
Life As A Copyright
A copyright lasts 70 years after the author’s death. An assignment, sale, or license of a copyright may take place during this time period. In most cases, this is also how books turned into films are made workable.
Since the copyright belongs to the creator of the original idea, many movies are rip-offs or use ideas from elsewhere. One famous case is the movie Avatar, whose director David Cameron was accused of stealing the alien planet design from artwork and successfully defended himself.
What Are trademarks, Why Are They Used, And For How Long?
Logo design may be creative, just like artwork or writing a catchy slogan, but these are not covered by the Copyright Act. Trademarks can be a logo (the swoosh for Nike), brand name (Coca-Cola), word (Classmate), label (Chanel), number (Forever 21), or even a combination of colours (the blue, white, and red of Pepsi).
The combination of these elements represents a certain level of quality, and combining them with the impression that they belong to someone else is illegal.
Is It Necessary To Register Trademarks?
The answer is both yes and no. The answer is both yes and no. Although a registered trademark has the advantage in a court of law when fighting legal issues, even a trademark that is not registered will have validity based on factors such as its duration, the value customers attach to it, and its reach. In cases of conflict between two brands, courts are often inclined to favor older brands even if they are unregistered.
The ® symbol can only be used by registered trademarks. It is important to renew a trademark every ten years despite the fact that it is valid for eternity.
The World Of Patents – Stenting, Tents, And Everything Technological
Technology surrounds us everywhere, from medical equipment to scientific expedition tools and computer programs. A patent covers a method of making something, its process, its composition, and its methodology. It includes all stages of the process – from conception to development to improvisation.
- India has a 20-year patent period.
- A patent should be filed as soon as possible; however, the “first to file” rule is often applied to claims
- So, if two people develop the same process independently, the first one to file a patent has a superior claim
- Additionally, Indian patents are typically granted five years after the date of filing. Patentees have the right to sell, license or assign their patents or make commercial use of them after the patent is granted
- However, the government can obtain a patent and compel its use in the public’s interest.
First inventors in the world are rewarded with distinct advantages due to the exclusivity of patents. One of the most intriguing cases of patent infringement involved Apple and Samsung’s slide-to-unlock technology. The case was settled last year, after four long years of litigation (surprisingly, facial recognition and fingerprint unlocking rendered the case obsolete by then).