Respect Creativity of Mind: Avail Intellectual Property Protection

  • SumoMe

Every individual is the owner of intellectual property in one way or the other. Intellectual property refers to the creations of mind. It is a type of intangible property which is gaining importance day by day with the development of technology. Intellectual property covers all most all the creations of the mind. The owner of this right gets some exclusive rights.

The protection of intellectual property is very necessary as the owner puts many efforts to create an exclusive piece of an art or technology. Creator or inventor spends money, labour, time etc. to create intellectual property and hence he should get some reward and some incentive for further creation of art and technology. Hence some exclusive rights like economic rights and moral rights are given to the creator or inventor.

Intellectual property rights refer to the rights over the intellectual work and not the work itself. The work falls into two categories viz. commercial and artistic works. Mainly there are two types of intellectual properties; one is copyright, which includes artistic works like music, paintings, sculpture, drama, software etc. and the other is industrial property, which includes trademarks, patent, industrial designs and trade secrets.

Copyright deals with the safety of original creative works. Copyright mainly covers legal protection to the literary and artistic work, which includes novels, movies, music, paintings, books, software programs, pictorial works etc. Copyright protects a form of expression and not an idea. As anyone can click a photo of sunset; here the idea is not protected but the photo, which is taken by the photographer is protected as every photographer will click it from different angles which will definitely show some difference and think if the idea is protected then artistic work will come to a halt. It gives protection against piracy and plagiarism with certain exceptions. In India the registration is not compulsory as it comes with the birth of the work; but it can be registered. Copyright includes rights to publish, perform, market, distribute, collect fees, adaptation of work etc. rights. It also gives some moral rights to the author. If someone will conduct a survey to know persons who do not have copyright, it will hardly succeed as everyone creates something in one or the other form a copyrighted work according to the creative capacity. Might be some people are unaware of such rights which they have. Hence this right is very important and general in nature.

Patent falls under the category of industrial property. It is related to the new inventions such as inventions of machines, new process, product etc. in order to have a patent; the invention must fit into certain criteria which differ from country to country. Like in India the invention must be new, useful and must contain inventive step. The person having patent gets some exclusive rights of making, selling, distributing the invention, using the registration of the patent is important and the term of protection differs from country to country.
Trademark is a symbol and is very important from the point of the purchaser and the producer or manufacture. It distinguishes the goods, services and products of one manufacture from the other and gives an idea about the origin of the product to the purchaser.

A trademark can be a combination of words, phrases, symbols, logos, designs, images or devices, etc.

Industrial designs are related to the unique shape, configuration or pattern of an article, which is solely based on the judgment of the eyes of the purchaser i.e. visual appeal; aesthetic or ornamental value. The person who has an industrial design right has the exclusive right to make or sell any objects in which the design is applicable.

Trade secrets are the designs, practice, formulas, instrument, processes, recipes, patterns or ideas which are used by a company to gain economic advantage over its competitors. The owner of a trade secret does not possess any right over anyone who gains access to that secret independently, but he can prevent the use of trade secret by anyone who has learned it through the owner.

Hence intellectual property rights are the most important rights and give incentive for further development and no one can deny the role played by it in everyone’s life. So protect your creations, give rewards to the brain and avail protection given by law if someone violates these rights!

Shweta Durge

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