Intellectual property rights (IPRs) are rights exercised in the case of intangible property being owned by a person or a company and protected against their use without consent. The intention to introduce these rights is to ensure protection to various intellectual property by allowing the creators to reap benefits from their trademarks, patents or copyrights works. For further information on the issues related to intellectual property law, it is advised that you contact an intellectual property lawyer.
Nature of Intellectual Property
Intellectual Property (IP) is the type of intangible property which comes into existence through one’s intellect, these include inventions, designs, literary or artistic works, symbols, etc.
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Legal Protection of intellectual rights
Legal protection is provided for the intellectual rights-
- In order to encourage inventions and conventions which promote social, economic, scientific and cultural development of the society by providing incentives to the creators, therefore, helping them make economic gains from such creations.
- Ensuring legal protection to such intellectual creations.
- Preventing a third party from enjoying the profit from someone else’s creation.
- Helps ensuring fair trading
- Helps provide recognition to the efforts of the creators.
Different types of Intellectual Property
- Trademarks- include names, labels, logos, slogans, theme music, website domain names, etc representative of the identity of an individual or a company or a product
- Patents- include some newly invented product or process
- Copyrights- copyright in intellectual property law would include an original visual art, performing art or literature works as well.
- Designs- include some specific design features of a product for example some peculiar shape, size or colour combination
Laws related to intellectual property in India
Various intellectual property rights provided by different IP laws in India have been mentioned below. These are-
The Trademark Act
regulates the registration and legal protection of trademarks in India. Trademarks are symbols, words, phrases or device marks which help identify the products of different individuals or business entities. Some of the examples of trademark include trade names, legal names, logos, domain names, label marks, typical sounds, etc. for further information on the procedure or the steps required, it is advised that you contact a trademark agent
The Copyright Act is a statute that governs copyright registration and legal protection in India
Copyright could be understood as an exclusive right to reproduce, distribute and perform an original work of authorship for an original piece of literature, music, song, script, drama, art, cinematographic film or an audio tune.
The Design Act
provides for the registration and protection of industrial designs in India. The Act helps promote innovation and creativity in the industrial designs by ensuring legal protection to owners of these designs against any act of misuse or forgery.
The Patent Act
governs registration and provides for protection of patents in India. Patent is the type of legal right granted to the inventor of some new, useful and non- obvious product or the process for the same, a legal framework to protect the inventions against a misuse or forgery. For further information on the subject, it is advised to seek legal advice from an experienced IP lawyer.
Lawyers who handle matters related to intellectual property rights
As could be inferred from the above discussion that laws have been introduced in the country so as to ensure the legal rights related to intellectual property. It shall be helpful to ensure that your property is safe from the crimes of theft or forgery. Hence appoint an advocate or seek guidance from an intellectual property lawyer so as to ensure your legal rights. In order to hire intellectual property lawyers you may search on the internet for lawyers around you, refer to your friends or relatives for the same or can hire one through a legal firm.
Conclusion
The law’s IP provision has undergone considerable changes in recent years, strengthening and enhancing its ability to safeguard stakeholders’ rights. To seek guidance for the correct procedure to register one’s intellectual property or to initiate legal proceedings in case your intellectual property rights have been infringed, it is advised that you seek assistance from an experienced IP lawyer.
Lead India offers you a team of experienced lawyers who have years long experience in successfully dealing with cases related to the IP laws. Therefore, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.
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