Difference between Trademarks and Copyright and Patent- Indian perspective
As a business owner, understanding the difference between trademarks, copyright and patents is essential to protecting your intellectual property (IP) rights. In a country like India, where patent protection is one of the weakest amongst global standards, it is important to understand the differences between these three forms of IP protection in order to protect your creations.
Trademarks
Trademarks are a form of IP protection that identify and distinguish the source of goods or services. In India, trademarks are registered with the Controller General of Patents Designs and Trademarks, who administers the Trademarks Act, 1999. Once registered, trademarks can be enforced against misuse, infringement and counterfeiting.
Trademark protection lasts for 10 years and can be renewed after this period. The trademark symbol (™) can be used to indicate that the trademark is registered.
Copyright
Copyright is another form of IP protection which prevents the unauthorized reproduction, adaptation, or distribution of a creative work. This includes books, music, photographs, computer programs, literary works and other creative works.
In India, copyright is protected under the Copyright Act, 1957. Copyright protection lasts for the lifetime of the author, plus an additional 60 years after the author’s death. The copyright symbol (©) is used to indicate that the work is protected by copyright.
Patents
Patents are a form of IP protection that are granted to inventors or innovators for a new invention or process. In India, patents are governed by the Patents Act, 1970 and the Patent Rules, 2003.
Patent protection lasts for 20 years from the date of the application and grants exclusive rights to the patent holder to commercialize and exploit their invention. The patent symbol (Ⓟ) is used to indicate that the invention is protected by a patent.
Conclusion
In India, it is important to understand the difference between trademarks, copyright and patents in order to protect your IP rights. While trademarks and copyright are used to protect the branding and creative works of a business, patents are used to protect new inventions and processes. By understanding the differences between these three forms of IP protection, business owners can better protect their creations and ensure their rights are respected.
