Intellectual property and technology law is at the core of any major business transaction or strategic dispute and has become one of the most critical legal areas as companies and individuals continue to expand and protect their technologies, brands, products, data, and services around the globe. The major fields in intellectual property law are patents, trademarks, copyrights, geographical indications & Industrial designs. The patents are usually registered for technological innovations like inventing the new machine, discovering a machine that has higher efficiency, and involving different processes. A trademark is either word mark or a device mark, and it is registered for a new design, a mark, or a combination of both. The trademark is usually allowed for 10 years in India. A copyright is usually applied for artistic work like music composition, paintings & drawings, or software. Our Intellectual Property lawyers provide both litigation-related and strategic commercial advice to a wide range of corporate sectors:
The world has reached a point where technological innovation is going to be an answer to most of the problems faced by Humankind. The 21st century is going to be an age of technological innovations and ideas. Understanding the IPR.
PATENT is a prerogative granted to the inventor for its invention to prevent others from practicing the patented innovation for a certain length of time in return for releasing the invention’s specifics to the public. It is a monopoly granted by the government in lieu of the public revelation of an idea/invention. A patent is granted to the inventor if its invention is novel, non-obvious, and beneficial in a bonafide manner. The patent has a validity of 20 years, which commences on the day the patent application is made. A patent is a territorial right; it can only be obtained in the nation where the inventor intends to use it, and infringement actions may only be initiated in that country. The patent can also be obtained for further development of their previous innovation. Any useful, novel and non-obvious procedure, machine, the manufactured object, chemical composition, or improvement of any of the foregoing can be patented. Business procedures and software can also get a patent licenses, but natural laws and scientific theories cannot. A patent may also be secured for the invention of an object or a manufacturing method.
Trademark law is the body of legislation that establishes guidelines for the safeguarding of trademarks, which are indicators used to identify and differentiate the origin of products and services. Brand names, logos, and slogans (or any combination thereof) are all valid trademarks.
The main goal of trademark legislation is to safeguard the public’s recognition of a specific brand or company name. Trademark law aids companies in doing so since it grants them the exclusive right to use a trademark in connection with certain goods and services.
Important features of trademark law include the following:
It is possible to register a trademark with the appropriate trademark office in your country or area. Among the many advantages of registering a trademark are the creation of a legal presumption of ownership and validity and the capacity to enforce the trademark against infringers on a national scale.
Trademark eligibility requires that the mark be unique from others on the market. Ideally, it would be able to single out a single vendor’s wares and set them apart from the competition. Trademark protection is seldom given to descriptive or generic phrases.
When a trademark or confusingly similar mark is used in conjunction with products or services that are likely to confuse customers, this is known as trademark infringement. Legal remedies for infringement include injunctive relief, monetary damages, and/or the seizure and destruction of infringing items.
Trademark dilution occurs when a well-known trademark is used in a way that dilutes its uniqueness or tarnishes its reputation without any potential for confusion at all. Protecting the distinctiveness of one’s trademark by legal means is possible.
Trademark licensing allows trademark holders to authorize third parties to use their marks in exchange for compensation and compliance with the terms of the license agreement. Typical clauses in license agreements include quality assurance, term limits, and royalties.
Trademarks can be protected on a global scale through a number of channels, including filing applications with trademark offices in various countries, participating in regional trademark systems like that of the European Union Intellectual Property Office (EUIPO), and using the Madrid System, which is administered by the World Intellectual Property Organisation (WIPO).
It’s worth noting that different countries have different trademark regulations. While the fundamentals of trademark protection are universal, the precise methods, regulations, and remedies might vary from one jurisdiction to the next. For accurate information and advice about trademark law in a certain country, it is best to speak with an experienced intellectual property attorney or visit the website of the appropriate national or regional trademark office.
Today, technical progress holds the key to solving the majority of the world’s issues. Technology and new ideas will flourish in the 21st century. By learning about IPR, we can better safeguard the interests of companies across a wide range of fields in India. Vertical farming, AI, fast moving consumer goods, IT, the handloom industry, pharma, and so on are all examples. Both new and existing businesses can benefit from the safeguards provided by intellectual property rights. Due to the critical nature of Intellectual Property Rights (IPR), a concentrated effort is required to learn the fundamentals of IPR in order to secure the opportunities in the marketplaces for ideas and innovation.