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Various Types of Intellectual Property

Trademark

A trademark serves as a symbol that distinguishes the products and services of one company from another.

Industrial Designs

An industrial design encompasses the intricate and stylish details of an article. It can be a three-dimensional feature, such as the shape or surface of an item, or a two-dimensional feature, like color, pattern, or lines.

Copyright

Copyright is a legally recognized term that describes the rights held by creators and innovators over their creations and advancements. It covers various works, including music, films, sculptures, advertisements, maps, artworks, books, computer programs, and technical drawings.

Geographical Indication

Geographical indication and source designations are signs used on products that have a specific geographical origin and possess attributes, reputation, or qualities that are primarily derived from that place of origin.

Patent

A patent is a special right granted to the owner of an invention. It gives the owner the ability to decide how the innovation can be used by others. In exchange for this right, the patent owner makes specific information about the invention publicly available in the published patent document.

Trade Secrets

Trade secrets are a form of Intellectual Property rights specifically designed to safeguard confidential information. Any unauthorized acquisition or disclosure of such privileged information is considered unethical and a violation of trade secret protection.

TYPES OF INTELLECTUAL PROPERTY DISPUTES

When it comes to intellectual property disputes, infringement is the most common issue. Infringement occurs when someone uses intellectual property without obtaining legal permission from the owner.

The common types of infringement include:

1. Copyright infringement

2. Patent infringement

3. Trademark infringement

Examples of infringement cases include:

1. Unauthorized copying and distribution of copyrighted materials, such as music recordings and films.

2. Building a patented product without obtaining proper permission from the patent holder.

3. Using a logo intended for one product on a similar product without authorization.

4. Creating a logo or using trade dress to deceive consumers into thinking they are purchasing an equivalent product.

Intellectual property disputes can also arise from misunderstandings or negligence on the part of the owner. In some cases, the owner may mistakenly believe their product is protected under intellectual property laws, leading to oversight or failure to secure proper legal protection.

Registration process for intellectual property consists of two categories:

·         Tangible  

·         Intangible

Intellectual property includes creations such as aesthetic works, utility plans, logos, and geological signs that can provide financial benefits to businesses. It is important for creators to protect their creations from being copied or imitated.

Copyright registration, trademark registration, and patent registration are essential for safeguarding designs and artistic work. Whether you are an individual creator or a business entity, it is recommended to seek the assistance of experts like Taxapillar in matters related to intellectual property disputes.

What is the step by step process to Obtain Intellectual Property Registration?

1. Complete the Application Form

When filing an application for intellectual property registration, it is important to provide a properly filled out form that includes the signatures of both the applicant and the expert. Additionally, the applicant must also provide a detailed statement explaining the uniqueness and significance of their invention.

2. Preliminary Analysis and Examination

After the application is submitted, it will be evaluated by an examiner who will assess its requirements. If any deficiencies are found, they must be addressed within a month of filing. A group of experts in intellectual property rights will also review the content of the application to ensure its accuracy and authenticity. An assessment report will then be issued by the expert.

3. Communication of Objections through Show-Cause Notice

If the application is rejected by the registration center, the applicants will be notified accordingly. They will have a specified timeframe of two months to respond to the objections raised. Some applicants may choose to request a meeting, and they have one month to submit a formal request for it. Even after being granted the right to appeal, the applicant can still withdraw their application if they are unable to resolve the issue with the registration center.

4. Publication in the Intellectual Property Rights Journal

Once your application is acknowledged by the recorder, it will be published in the IPR journal.

5. Opposing the Registration

If a competitor of a similar product comes across the advancement mentioned in the IPR journal, they can raise an objection. The applicant has a three-month window to file a notice of objection if they have any issues with the application. The registration office will provide a copy of the notice of opposition to the candidate, who then has two months to submit a counter explanation. Both the candidate and the party objecting must provide supporting documents and evidence.

6. Registration of Intellectual Property Rights (IPR)

Registration of IPR is the final stage in the process. Once the IPR application has been approved, the applicant is granted a seal that confirms their legitimate ownership of the intellectual property rights. The registration process for IPR can be time-consuming. Therefore, it is crucial to conduct thorough research to ensure that no other entity or group has developed or created a similar product or item before deciding to proceed with IP registration.

Compensation for Intellectual Property Disputes

The non-infringing party may receive monetary compensation to cover the losses incurred as a result of the infringement. If a trademark is used without legal authorization, the right to issue a cease order exists. This order would stop the infringing activities from continuing.

Is it necessary to hire a lawyer to resolve an Intellectual Property dispute?

Sometimes, Intellectual Property disputes can have a negative impact on your business, and as an individual, you may suffer significant financial losses. It is wise to hire a lawyer to handle your intellectual property dispute. The lawyer will present your case in the infringement issue and guide you throughout the entire process, providing legal research assistance as well.