After the completion of a specific design, the individuals or firms are granted exclusive rights of ownership of that particular design. These rights are known as the industrial design rights. Generally design of different items like furniture, clothing, jewellery, etc are protected against unlawful use by these rights, however they can even be extended to the unique design of a bottle, the design of a machine, etc.

An industrial design can be protected in all the participant nations of the WIPO (World Intellectual Property Organization) by filing an application with the body. Though, if the rights holder wants to protect his rights over his original design and does not want to go through WIPO, he or she can request for separate protection from the authorities in each of the required nations.

There are a number of important underlying benefits associated with industrial design rights. Having a registered industrial design safeguards the way a product appears, which includes all the aesthetic aspects related to it. Any unauthorized usage of the registered design such as imitation can be prosecuted. This helps the registered owner to prevent others from using his or her design and reap the maximum commercial benefits out of his product.

Industrial design rights facilitate just competition among companies and result in better trade practices that profit the consumers eventually. Moreover, by prosecuting acts of plagiarism, such rights promote creativity. These rights recognize the hard work of the creative team associated with the product, and pave the way for their hard work to be duly rewarded.

Therefore, industrial design rights also play an important role in ensuring that commercial trade across nations continue smoothly with fewer hitches by encouraging sincere efforts of the designers and discouraging unauthorised use of original designs.

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In addition, unlike any other field of law when a lawyer is needed only once a certain problem occurs, a patent lawyer is needed ahead of any problem occurrence.

Some of the most important duties of a patent lawyer are assisting his client to obtain the patent, give him beneficial ideas on how to safeguard the security of the patent, and embody a case should there be any.

Choosing The Best Patent Lawyer For Your Invention

The procedure of obtaining a patent is indeed long and tedious. In searching for the best patent lawyer, you must always remember some crucial points. Some of those pointers are listed below:

Make yourself aware of his performance record: If you would be able to peek through some information about the number of patents he has given to his former clients, you would then have sufficient knowledge about his abilities. By doing this, you can tell how effective your potential lawyer is. Additionally, this can ensure the successful execution of your patent filing. It is only a very good patent lawyer who can properly ensure the originality of your work in the industry.

Make an early assessment of his experience: You should make a fact-based supposition if he could understand the creative work which you are patenting. If he has got a different education from your patent’s focus, it is more likely that he will not be able to give you assistance in patenting your creative work.

At present, there is an increasing number of new lawyers who are working in the field of patents. Because of this, it is possible to easily find someone who is suitable for your invention and who’s asking fees are affordable for you.

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The general rule of copyright is

Each person has the privilege to enjoy the arts and share in scientific advancement and its advantages.

Everybody has the privilege to guard the moral and material interests resulting from literary, artistic, musical, etc.

Copyright is an abundant rights consisting of bundle of dissimilar rights in a similar work. These Privileges can be licensed either completely or individually. In case of literary work, the privilege of duplicate can be made in hard back and paperback editions etc. The privilege is not only to duplicate the works, but even the privilege to create work from the original works.

For the benefit and to encourage the public, the Copyright intellectual property protection is important. Idea cannot be copyrighted. If the idea is written, then the topic of the copyright comes and no one is entitled to copy it.

Copyright is a right given to derived works. It is not a right in novelty of thoughts. It is based on the right of a creator, artist or composer to prevent another person copying an original work whether it is a book, tune or picture, which he himself has created.

Copyright is, a monopoly right like patent right. Copyright is different from patent. It may be possible for two persons independently to produce the same invention. But the inventor who has first made an application for a patent will alone be protected and not the other. In copyright the law is different. If the similarity or even identity is accidental there is no infringement. If two people working independently using identical or similar information produce literary, musical or artistic works which are very similar, each will have a copyright in his work.

The major creative works under the copyright act are literary, cinematograph film dramatic, musical, artistic, and sound recording etc. Tables, computer database, instructions expressed etc come under the literary work. Recitation choreography, semi arrangement, acting etc comes under the dramatic work. Music and graphical notations which does not include words comes under the musical work. Painting, sculpture, drawing, photograph, engravings, architectural work, and works of artistic craftsmanship etc come under the artistic work. Visual recordings in any medium, sound recording accompanying visual recording and video films etc comes under the cinematograph films work.

The copyright term is sixty years and it varies according to the nature of work. Copyright has international protection such as Berne convention, universal copyright convention, World Intellectual Property Organization copyright Treaty, Rome convention, Brussels convention etc.

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The copyright protects the appearance of the idea/concept and not the ideas itself. The tale of a love story may be similar but the way of writing the story in precise words is the one which makes the novel creative from others. It may include pictures, words, colors used in and the way of style in writing story.

Literary work defines any work which is conversed by means of illustration in the form of book. Software comes under literary work. Software is the collection of computer program and related data which provides the information to the computer. Dramatic work defines the draft of the conversation in the play, music, lyrics, choreography etc.

Musical work includes the written music which does not consist of any words. The song lyrics can be protected as a literary work under copyright where the words of the song are protected. These rights will be owned by the lyricist. In case of written music, the graphical notation will be protected as a literary work. The rights will be owned by the composer of the music. Composer means the person who composes the music. Sheet music is protected as a separate copyright where it contains the physical layout of the information of the song.

Sound recording defines the person who records the sound when and where it was created. The proprietor of the sound recording is the recording company. The entertainer should assign its privileges to the recording company. They play the important role of the copyright sound recording ownership. Authorization from entertainer is essential when recording is made of their entertainer. They are the inventor of sound recording and they have ethical privileges. Performance means performer’s privileges made by survive performers. Performer includes a musician, actor, singer, dancer, entertainer, a person delivering a lecture or any other person who makes a performance.

Work of architecture means architectural designs of any buildings which has an artistic work or design. Artistic work means a sculpture, a painting, a drawing or a photograph, buildings which posse’s artistic quality. In case of photograph, the copyright will be owned by the photographer who takes the photograph.

A copy of the film produced by any medium can be called as Cinematography film. The producer of any film is a person who takes the steps to produce the work. TV programs, cinema and animation where the rights will rely on the screenplay, the visual images and the sound track all falls under the term Films. Any work available to the public directly or by means of display or through satellite or cable is a means of communication to the public. Broadcast means communication to the public by means of wireless diffusion.

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To become a trademark agent or a trademark attorney in India it is necessary to clear the preliminary exam which is the trademark agent examination which will take place once in a year.

To apply for the trademark agent Examination, the citizen of India shall be 21 years of age, shall be a degree holder in any institution of higher education in India or any other equal qualification or should hold a degree in law.

The Application for trademark agent examination should be made in Form TMA-1 given in Schedule II of trademark Rules 2002. The application should be submitted in triplet with a prescribed fee of Rs 1,000 to the trademark office. The candidates who are eligible to write the exam will be called for a written exam and a viva. The written exam will be for 150 marks whereas the viva will be for 50 marks. The exam will deal with the Trademark Laws and Practice from the Trademark Act and Rules. It is necessary that a person is well versed in the trademark act and rules to clear the trademark agent examination.

After passing successfully in the trademark agent exam he/she will become a trademark agent or an attorney in India. The registration of a company, institution, organization’s logo, trademark application, legal advice, infringement case etc can be carried on with the assistance of a trademark agent. The trademark agent in India has the right to deal with clients regarding any cases related to their products. The clients can trust their trademark agents for any cases related to their trademark.

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The copyright guards the manifestation of the perception and not the perception alone. The story of a book shall be an expressed in a different way from others by using creative method. It may comprise of words, pictures, colors used in and the method in writing story.

Any story or action which is communicated by means of picture or illustration in a form suitable as book or in a paper or in a journal can be termed as literary work. Computer program also comes under literary work. Set of instructions expressed in words, codes, schemes or any other readable form is termed as a computer program. The script of the dialogue, choreography, music, lyrics, sound recording used in the drama including performance moral rights falls under dramatic work.

Musical work includes the written music which does not consist of any words. The song lyrics can be protected as a literary work under copyright where the words of the song are protected. These rights will be owned by the lyricist. In case of written music, the graphical notation will be protected as a literary work. The rights will be owned by the composer of the music. Composer means the person who composes the music. Sheet music is protected as a separate copyright where it contains the physical layout of the information of the song.

Sound recording means who made the sound recording, where and when it was made. The owner of the sound recording is the recording company. The performers should assign its rights to the recording company. They own the copyright sound recording ownership. Permission from Performers is necessary when recording is made of their performance. They are the creators of sound recording and they have moral rights. Performance means performer’s right made by live performers. Performer includes a musician, dancer, entertainer, actor, singer, a person delivering a lecture or any other person who makes a performance.

Architectural designs of any buildings which has an artistic work or design is termed as work of architecture. A sculpture, painting, drawing, photograph, and buildings that posse’s artistic quality is termed as artistic work. In case of photograph, the photographer who takes the photograph will own the copyrights.

Cinematography film defines a copy of the movie formed by any medium. Producer means any person who takes the steps to create the work. movie includes TV programs, cinema and animation where the privileges will depend on the script, the visual images and the sound track. Communication to the public means any work available to the public directly or by means of display or through satellite or cable. Broadcast means communication to the public by means of wireless diffusion.

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It is advisable to get your brand name duly registered as soon as you have made a final decision on it. Any slackness in filing an application might result in someone else applying for that name before you do, in which case you will lose the chance to register that trademark.

The first thing required for registration of a brand name involves a basic check for the availability of the chosen name. You should conduct an elaborate search for resembling trademarks registered by other firms to ascertain any chance of duplication. The database maintained by the registration authority can help you figure this out.

Next you have to collect the application form and fill in the mandatory information which includes the name of company, office address, type of products or services provided and other such necessary details. The form duly filled in should be then submitted with the requisite registration fee. However, any failure to conduct the background check on the registered names can lead to rejection of your application and your registration fee too will be forfeited by the concerned authorities.

After your are done with these formalities, you might be needed to answer certain questions from the authorities. Such queries are required to be responded to within a limited time. If your application is accepted, the authorities will issue you a certificate stating the details of your trademark that will give you all legal rights over your trademark along with authority to sue for infringement.

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The two main reasons of action brought under trademark law are dilution of the trademark of a known company and chance of confusion for the customers.

A trademark can get diluted by the unlawful actions of unscrupulous persons or firms, which can tarnish the reputation of the firm by harming the image of the trademarked product with respect to a particular feature or in a general way. For example, if the trademark of a pesticide manufacturer is identical or even similar to that of a popular food manufacturer, consumers might believe that the firm is diverting from its specialty, which might adversely affect its perceived quality.

As far as the possibility of confusion is concerned, it is based on the striking similarity of the two marks, making it difficult for the customers to differentiate between the items. The misunderstanding could be related to the source of the item, its sponsors, or to any other aspect related to it. The confusion is likely to occur because an ordinary customer would not be able to remember the precise details of an item. In such a situation, the real trademark holder is at a risk of significant revenue and credibility loss on account of an infringement by another company.

However, this is not an exhaustive list of the types of trademark infringements that can occur. The owner of the trademark can also take legal action for pass off, which means that some other company is trying to sell its products as coming from him. In the same manner, claims can also be brought due to unfair market competition.

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categories: copyright,business idea protection,protecting business ideas,business value,Intellectual property,IP law,ideas protection,business idea,patents

When a company strategically identifies, maintains and secures its IP rights then this can plainly have a huge affect on the business in terms of its overall operation, including its ability to attract investors, enter into specific business partnership, and in the end increase its value when it comes to sale or company merger.

Large companies who have mega-brands like McDonalds and Coca Cola are often quoted when it comes to their brand value as out-valuing their fixed assets hundreds of times, yet it is easy to forget how these businesses also became so enormous.

We live in an information world now. Information companies like Google can be valued at a few billion dollars a few years after creation only because information is now so valuable. Information is a tradable asset only when it is protected by intellectual property laws and other laws. Every company, big or small should consider intellectual property seriously. It is one of the best investments literally you can make with a company if the intellectual property (IP) value is capitalized within the company and added to the balance sheet.

It is highly recommended for companies of all sizes to be aware of intellectual property (IP) topics and produce particular strategies that will proactively ensure that their IP will at all times be properly legally protected.

Here are a few areas to help you start concentrating on by first identifying the areas that you are creating intellectual property (IP) in:

1. Trademarks – these protect parts of your general brand such as mottoes, pictures, names.

2. Copyrights – these cover the trade protection of expressive items such as documents, books, pictures, videos, audios etc.

3. Trade secrets – these protect proprietary information, internal know-how, systems and operations that are deemed to give you a business competitive edge

4. Patents and industrial designs which protect particular types of ideas and inventions and processes

Considering the above items the first step that you need to do is identifying existing IP within your company. You may be amazed by how much you may have. Once all sources of a company’s IP have been identified, processes should be put in place that enable the company to easily keep track of all existing intellectual property (IP) and all new intellectual property . Then someone needs to be given the responsibility to manage the intellectual property (IP).

Once the key IP has been identified then the next step is to look at what should be registered to protect it legally. This is where a good patent lawyer comes in to play. Good intellectual property attorneys don’t come cheap but seeing the value that is created then it pays off to invest for all your major IP.

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A domain name that is protected by trademark not only helps you to prosecute persons infringing your mark and making use of it as their own but also protects you from being looked upon as the owner of their website that might be using an exact or remarkably similar domain name as yours.

However, you have to do a comprehensive search for identical domain names in cyberspace before registering your trademark, in order to prevent any infringements. Your research should confirm the fact that your trademark is distinct and does not match with others in sound, meaning or spelling. You should file an application for registration only after you are certain that your trademark is unique enough to avoid any possible violation.

For this aim, it is better to take help of a lawyer, preferably a cyber law specialist, who also has a comprehensive knowledge of trademark regulations. This can go a long way in preventing future disputes related to possible violation.

You must also remember that the domain name that you are seeking to register should be capable of serving as an identifier of your products and service and should not be just an online address to draw net users to your website.

Besides domain names and their possible violation, infringement of keywords is a new menace in cyberspace, wherein original trademarks are infringed and used as keywords in ads posted through Yahoo, Google, and MSN, with the obvious purpose of creating confusion in the minds of consumers.

If the promotional ads help in increasing the sale of the trademark owner, it is not a violation but the problem arises when the infringer starts making use of such advertisements for promoting his own goods for a commercial advantage.

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