Safeguarding intellectual property is vital in India's blossoming business and creative landscape. But which form of intellectual property protection do I need? Understanding the distinctions between copyright, trademarks, and patents will help you protect your innovations and creative works. Our job is to help you understand the difference between copyright, patent, and trademark within the Indian legal framework so you are well equipped to protect your valuable assets.
Copyright law in India automatically grants creators a bundle of exclusive rights the moment their original works are "fixed in a tangible medium"—be it a literary work, dramatic work, musical work, artistic work, cinematograph film, or sound recording. These rights encompass the ability to reproduce, create derivative works, distribute copies, publicly perform, and communicate the work to the public. To make it easy to understand, a filmmaker instantly owns the copyright to their motion picture, and a writer to their published novel. While copyright protection is inherent, registering your work with the Indian Copyright Office helps you establish a public record and facilitates legal action in case of infringement. This registration puts you in the driving seat of how your creative works are utilized, ensuring that your original expressions are legally shielded.
Copyrights are limited either up to 60 years after the death of the author or till 60 years after the publication of the author’s work.
A trademark, encompassing words, phrases, symbols, or designs, distinguishes your goods or services from those of others. Just like copyright, trademark rights are acquired through use. But registering your mark with the Indian Trade Marks Registry provides legal advantages, including exclusive rights and protection against infringement. While copyright protects creative expressions, trademarks safeguard the goodwill and reputation associated with your brand. For instance, the distinctive logo of a popular Indian clothing brand or a unique slogan of a telecom service is protected under trademark law. Trademarks are limited for 10 years but can be renewed indefinitely in 10-year increments.
Patents are granted to protect inventions, including new and useful processes, machines, articles of manufacture, or compositions of matter. The main goal is to encourage innovation and technological advancement by granting inventors exclusive rights for a limited period. Unlike copyright, the patent application process is rather complex and requires detailed invention specifications. While there is little overlap between copyright and patent, certain software inventions might be eligible for both. This system incentivizes inventors to disclose their innovations in exchange for exclusive rights.
|
Feature |
Trademark |
Copyright |
Patent |
|
Purpose |
To protect brand identity and distinguish goods/services. |
To protect original works of authorship. |
To protect inventions and technological innovations. |
|
What it Protects |
Words, phrases, symbols, designs, logos, and slogans that identify a brand. |
Original literature, dramatic, musical, artistic works, cinematograph films, and sound recordings. |
New and useful processes, machines, articles of manufacture, compositions of matter, and improvements thereof. |
|
Governing Law (India) |
The Trade Marks Act, 1999 |
The Copyright Act, 1957 |
The Patents Act, 1970 |
|
Registration Authority (India) |
Indian Trade Marks Registry |
Indian Copyright Office |
Indian Patent Office |
|
How Protection is Obtained |
Rights acquired through use; registration provides stronger legal protection. |
Automatic upon creation and fixation in a tangible medium; registration provides additional benefits. |
Granted after a complex application and examination process. |
|
Duration of Protection (India) |
Perpetual and renewable every 10 years. |
Generally, the author's lifetime + 60 years after death. |
20 years from the date of filing the application. |
|
Overlap Potential |
Minimal overlap with copyright, but a logo design may have both trademark and copyright protection. |
Minimal overlap with patents, but some software may be protected by both. |
Minimal overlap with copyright, but some software may be protected by both. |
|
Key Benefit |
Prevents others from using confusingly similar marks, protecting brand reputation and goodwill. |
Grants exclusive rights to control the work's reproduction, distribution, adaptation, etc.. |
Grants exclusive rights to prevent others from making, using, selling, or importing the invention. |
Owning intellectual property in India requires a clear understanding of the difference between copyright, patent and trademark. Each form of IP is created for a unique purpose.. Whether you're a creator, a brand owner, or an inventor, choosing the right IP protection is essential for safeguarding your innovations and creative works. We hope our guide has informed you well enough about the key differences in copyright vs trademark vs patent.
Consulting with JJ Tax’s experienced IP lawyers can provide invaluable guidance in securing your IP. Book a FREE 15-minute consultation at www.jjfintax.com.
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