Creators and innovators who create unique products and services like music, books, agricultural goods, etc are under a constant threat of illegal recreation. This will not only take away from the profit but also affect the quality. This is where intellectual property rights come into the picture. A particularly important type of right, from the Indian Government, is specifically for the creation of the mind.

Let us further explore what intellectual property rights are.

What are Intellectual Property Rights?

Intellectual property rights are laws set by the Government to protect the creations of the mind. Here, creations can be scientific, technical, artistic, or even literary in nature. The creator of any invention is given the right to their creation for a specific period of time. The right is awarded in order to prevent illegal re-creations or use. In simple words, the creator gets a monopoly over their creation.

The goal of establishing these rights was to encourage and promote creativity. People can now make their creations without any fear of misuse. For businesses, in particular, getting intellectual property right is important when there are plans to expand to international countries. After the expiry of the period of the intellectual right, it must be renewed to continue receiving the same protection. Any of the top lawyers in Chandigarh and India can help clients apply for new or renew their existing intellectual rights.

Types of Intellectual Properties

To better understand intellectual property rights under company law, we will discuss the different types of intellectual properties. These are properties are covered by Indian law.

Patents: A patent is a monopoly use right given to the creator for a certain period of time. Generally, patents last for around twenty years. Only the patent owner can use, recreate, sell or import said product till the duration of the patent. After the expiry of the period, the patent becomes public use. People would not need permission to use it from the creator. Patents are valid in only certain territories or regions. The product or creation is not protected in other countries. Patent rights can also be shared between more than one person. However, existing patents can also be sold for commercial purposes or used for legal proceedings for its infringement. To get a patent, there are certain criteria to meet,

  • The creation or product must be novel. Information on it should not be published anywhere, in India or abroad.
  • The product is inventive to the person who made it means it is not common to the creator.
  • The creation has industrial utility or can be used in a certain industry.

Trademarks: Trademarks are a unique indicator of the origin of goods and services. Trademarks are awarded on names, colours, logos, sounds etc. When these products are sold or offered to consumers, the trademark appears on the packaging. To distinguish these products from others, on the basis of the origin, the trademark becomes necessary. Not only can the trademark become distinguishable from other similar products but also motivates the company to improve on it. Without a trademark, the said product could be easily recreated. Trademark protection, therefore, gives monopoly power of use to the product. There are different types of trademarks that most legal consultants in Chandigarh are knowledgeable of,

  • Trademarks or marks to differentiate certain products.
  • Service marks are marks to distinguish services.
  • Collective marks are marks for goods and services under one person or creator.
  • Certification marks are marks for goods and services that have certification from a relevant authority.
  • Well-known marks are given to popular products that need stronger protection.

Copyright: Some of the best law firms in Chandigarh cover copyrights under intellectual property rights. This type of intellectual property right is awarded to original pieces of work. This type of work can be literary, artistic, musical or dramatic in nature. Generally, authors and musicians get copyrights on their creations. Computer programmes and databases also are covered by copyrights. Copyrights, unlike patents, are awarded for up to 60 years, depending on the body of work. The goal of getting a copyright is not its re-creation illegally but to have the copyright mark on the picture or book.

Geographical Indications: Geographical indications are given on products that originate from a certain geographical location. For instance, geographical indications are generally sought out on agricultural or other manufactured products that originate from a certain region. In the case of manufactured case, the GI is awarded in case the product is produced, processed or prepared in a certain territory. The producer or producers of the said product can apply for GIs. The Government of India established geographical indication to boost exports and also economic benefit by providing legal protection to products. GIs last for a period of ten years.

Industrial Designs: Another intellectual property right under corporate law is called industrial designs. Industrial design refers to the features like shape, colour, pattern or composition of lines used on a certain product. The requirement to earn the industrial design right, the said design must be unique and new. Generally, industrial designs cover three-dimensional features like the shape of the product, two-dimensional features like patterns or lines or a combination of both. The creator of the design, both individual or a legal entity, can apply for the industrial design right. Once issued, this right lasts for 10 years.

Trade Secrets: Corporations and companies that have sensitive data require protection from corporate lawyers Chandigarh. The protection is the form of preventing the sale or licensing of the said information. The trade secret right classifies information as commercially valuable as very few people know about it. Here, information can be either a formula, design or process among others. The most popular example of trade secrets is the formula of Coca-Cola.

Importance of Intellectual Property Rights

With the types of intellectual properties discussed, let us understand, why protecting these properties is important.

  • Some of the industries that cover these intellectual properties generate a lot of jobs and income.
  • The products and services contribute significantly to the economy of the country as some of them are exported.
  • Protected goods and services also protect the consumers as they are of the highest quality and are safe. Recreations, on the other hand, could not be of the same quality.
  • Innovators and creators are now motivated to continue their work.
  • As products with intellectual property rights can be exported, these will help solve global problems.

Intellectual property rights are not as complicated as they seem. India has made recent changes in IPR to be compliant with TRIPS which has vastly improved its position in the world regarding IPR. With the help of one of the best corporate lawyers in Chandigarh, Lex Solutions, one can get their product or service protected quickly.


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