Intellectual property Right (IPR):

Intellectual property Right(IPRs) is an exclusive right granted over creations of mind. In other words, we can say the kind of property that results from the fruits of mental labour.

Property are of two type- Tangible and Intangible property

Tangible Property- Anything that be touched and seen. It includes both real property and personal property. For example- Land, building, Fixtures, ships, Tools etc.

Intangible Property- Anything that has no physical existence, it is also known as in corporal property. For example -Trademark, Copyright, Patent, design etc.

A brilliant idea can take many form such as image, document and even recordings. These ideas can generate great value for people who conjured it up and so is the vi9tal to seek the proper protection for their intellectual property. Here is a rundown of basic types of intellectual property right and how they offer protection for your innovation.

TRADEMARK– It is a symbol, word or words legally registered or established by use to represent a company or a product. It can even be said as a mark or any name for a business by which the business is known. Trademark does not expire after a set term of years. It comes with the actual use and can last forever- so long as you continue to use the mark in commerce to indicate the source of goods and services. Few examples of well-known trademark are:

  • Nike name and “swoosh” symbol
  • Cola-cola’s name and branding fonts, logo and color
  • MC Donald’s golden arches

The trademark held by these three companies distinguish their product from different producers of shoes, soft drink and Fast foods. This gives protection to their company to have an exclusive right over it and no other person can use it for his own company the same mark. Any different producer with the same mark can be held liable for infringement of property rights.

COPYRIGHT– It is a right of authorship including literary, dramatic, musical and artistic work such as poetry, novels, movies, songs, computer software and architecture. The duration of copyright protection depends on several factors. For work created by an individual, protection last for the life of the author and in addition to it extra 70 years whereas for work created anonymously protection lasts 95 years from the date of publication or 120 years from the date of creation whichever is shorter. It secures your authorship or your artistic work from exploitation.

PATENT– it is a right granted to an invention which is truly novel and innovative. Patentable material includes machines, manufactured articles, industrial process and chemical composition. The duration of patent protection depends on the type of patent granted. Design patent are protected for the term of 15 years and utility patent and plant patent are protected for 20 years.

INDUSTRIAL DESIGN– it is a protection provided to a shape, configuration, color, line or combination of these, which when applied to a functional article, produces or increases aesthetics and improves the visual appearance of a design. The designs are protected for the term of 10 years which can be further renewed for additional 5 years. Few examples of industrial designs are-

  • Rocking wheel chair
  • Coke contour bottles
  • Mini cooper

GEOGRAPHICAL INDICATION– It is a sign used on a product that has a specific geographical origin or possess qualities or reputation that is due to that origin. As the quality depends on the geographical area of production so there is a clear link between the products and its original place of production. Certain examples of geographical indication are-

  • Assam Tea
  • Mysore Silk
  • Kashmir pashmina

Intellectual property law deals with securing and enforcing legal right to the above mentioned creations whose ownership is as important as that of personal property and real estate. This protection creates a fearless society against misappropriation by others and give an incentives for people to develop creative work that benefits society.

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