To understand Intellectual Property we distribute it into three categories for better clarity and convenience-
The Product of Intellectual Efforts-
The product of Intellectual Property could be tangible as well as intangible and could encompass such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, painting and computer programmes.
It is to be recognized that an idea or concept is not subject to being copyright. In order to get copyright of their creation, one has to transform their idea into tangible or intangible form or creation.
Copyright law protects the rights of the creator of tangible or intangible assets and keeps him and his rights safeguarded against acts such as copying, modifications, displays, use in promotions, distribution or in any way make use of his intellectual effort for commercial or other gain. It is further said if the owner or creator of a product licenses his/her creation to someone else, then it is the duty of that person to safeguard the interest of the owner. In order to get copyright of the creaton, the owner has to make sure that the idea must be original and must be translated into concrete tangible or intangible creation and use of such creation is covered by copyright Law.
Industrial Designs, inventions, process flows and other aspects connected with industry:
Industrial property encompasses industrial designs, inventions, process flows and other aspects connected with industry and it also covers Trademark, geographic indicators and service marks.
Industrial design is designed as a blend of art, engineering and science that results in improved aesthetics, ergonomics, functionality and also cost reductions of a product and contributes to its greater desirability in markets. Since it is a form of intellectual property, it needs to be protected.
Trademark covering the artifacts that are part of the goodwill of any individual or organization:
Trademarks such as LG, SONY, Mcdonalds, Coca-cola have attained its popularity internationally and is considered as a well known mark. It took much effort into building up a trademark over time.
Trademarks are broad based which covers those artifacts which are part of the goodwill of any individual and organization. These include labels, names, signature, brand, heading, numerals, shape, graphics, packaging, color themes and combinations of any of these that contribute to creation of a unique identity for that creator or possessor and help him realize value therefrom. Trademarks of a product are done to make sure that owner could enjoy the excessive right over the mark and no third party could take any undue advantage of the mark without the owner’s permission.
Owners of a trademark need to be alert, protect their trademark and also to keep a watch to ensure that there are no infringements being committed by anyone and anywhere in the nation. A company or an individual needs to register his or her trademark for greater protection under the law but he can just as well carry on a business with an unregistered trademark.
A unique product or process which can be termed as an invention
When we talk about protection under Patent law, then we talk about new inventions. In order to take protection under Patent law, there should be novel inventions that have not been developed before and one which has positive results as regards functionality, production and cost or other properties. Patents are granted for a term of 20 years for exclusive monopolistic use of commercializing. Patents cover both product and process.
Confidential, proprietary information of an individual or an enterprise that may apply to method or process or formulations-
One of the important constituents of intellectual property is Trade secrets. This is defined as confidential, proprietary information of an individual or an enterprise that may apply to method or process or formulations. Most countries still do not give proper emphasis to protection of trade secrets, so vital for the health of enterprises.
Geographical indications point to a product originating in a specific geographical location with specific attributes
Geographical indications give protection to a product originated in that particular area or territory with specific attributes pertinent to that region or the traditions, process and methods of production implemented there that make that product possess some qualities that make it desirable. It can apply to the agricultural as well as non-agricultural produce. Geographic indicators certifications may confer qualities on a certain product simply due to its origin and the methods and the processes in use in that region.