BKBIET Innovation Centre (BIC) conducted a talk on Intellectual Property Right (IPR) Around 11:00 AM, On 27th March 2017, . The Chief Guest and Speakers for the same were Mr.Rajendra Rana, Regional Officer, DST- Bikaner and Mr. Vikas Asawat. After the honors, Mr. VIkas Asawat sermonized about the Intellectual Property and other important aspects about the Law that governs the protection of individuals and companies from the deceptions. Mr.Vikas Asawat’s talk was divided into four main groups ( i.e. Trademark, Copyright, Industrial Design and Patents)
Trademark a symbol, word, or words legally registered or established by use as representing a company or product. The Trade mark cannot be copied by any company and is an intellectual property of the company. A trademark identifies the brand owner of a particular product or service. Trademarks can be licensed to others also.The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use.
A trademark may be designated by the following symbols:
- ™ (the “trademark symbol”, which is the letters “TM” in superscript, for an unregistered trademark, a mark used to promote or brand goods)
- ℠ (which is the letters “SM” in superscript, for an unregistered service mark, a mark used to promote or brand services)
- ® (the letter “R” surrounded by a circle, for a registered trademark)
The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark. It should be noted that trademark rights generally arise out of the use of, or to maintain exclusive rights over, that sign in relation to certain products or services, assuming there are no other trademark objections.
Copyright is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.Copyright is a form of intellectual property, applicable to certain forms of creative work. Some, but not all jurisdictions require “fixing” copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. The original holder of the copyright may be the employer of the author rather than the author himself, if the work is a “work for hire”.Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time.
Several exclusive rights typically attach to the holder of a copyright:
- to produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies)
- to import or export the work
- to create derivative works (works that adapt the original work)
- to perform or display the work publicly
- to sell or cede these rights to others
- to transmit or display by radio or video.
Industrial design is a process of design applied to products that are to be manufactured through techniques of mass production. Industrial design rights are intellectual property rights that make exclusive the visual design of objects that are not purely utilitarian. A design patent would also be considered under this category. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. All manufactured products are the result of a design process, but the nature of this process can take many forms: it can be conducted by an individual or a large team; it can emphasize intuitive creativity or calculated scientific decision-making, and often emphasizes both at the same time; and it can be influenced by factors as varied as materials, production processes, business strategy and prevailing social, commercial or aesthetic attitudes
Patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property. A patent does not give a right to make or use or sell an invention. Rather, a patent provides, from a legal standpoint, the right to exclude other. from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date subject to the payment of maintenance fees. One of the main point he said was “ Patent infringement occurs when a third party, without authorization from the patentee, makes, uses, or sells a patented invention. Patents, however, are enforced on a nation by nation basis. The making of an item in China, for example, that would infringe a U.S. patent, would not constitute infringement under US patent law unless the item were imported into the US.” Patents can generally only be enforced through civil lawsuits (for example, for a U.S. patent, by an action for patent infringement in a United States federal court), although some countries (such as France and Austria) have criminal penalties for wanton infringement.A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as “the applicant”. The applicant may be the inventor or its assignee. The application contains a description of how to make and use the invention that must provide sufficient detail for a person skilled in the art (i.e., the relevant area of technology) to make and use the invention. In some countries there are requirements for providing specific information such as the usefulness of the invention, the best mode of performing the invention known to the inventor, or the technical problem or problems solved by the invention. Drawings illustrating the invention may also be provided.