Rights related to an intangible property known as the intellectual property rights (IPRs) are rights being owned by a person or company and protected against their use without the consent of the owner of the property. Main objective behind ensuring these rights is providing protection to such intellectual property by allowing the creator or holder of such right to reap benefits from their trademarks, patents or copyrights works. For further information on the subject related to intellectual property law, it will be in your favour if you contact an intellectual property lawyer.
Nature of Intellectual Property
An Intellectual Property (IP), a type of intangible property which came to existence as a result of 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 ensured to the intellectual rights-
- In order to encourage inventions and conventions which promote social, economic, scientific and cultural development of society by ensuring incentives for creators, thus, helping them make economic gains from such creations.
- Ensuring legal protection to these intellectual creations.
- Preventing any third party from enjoying the fruits of someone else’s creativity.
- Helps facilitates fair trading in the business
- Recognising the efforts of the creators.
Kinds of Intellectual Property
- Trademarks- These include unique names, labels, logos, slogans, theme music, website domain names, etc which actually represent the identity of an individual or a business body
- Patents- These include newly invented product or process
- Copyrights- Copyrights in intellectual property law will include original visual art, performing art and literature works as well.
- Designs- There are specific design features of a product such as some peculiar shape, size or colour combination.
Laws for Intellectual Property Rights in India
Different intellectual property rights provided under the IP laws in India are mentioned below. These are-
The Trademark Act
The law regulates registration and legal protection of trademarks in India. Trademarks include symbols, words, phrases or device marks which can help identify products of different individuals or business entities. Some examples of trademark include trade names, legal names, logos, domain names, label marks, typical sounds, etc. For specific information about the procedure or the steps required to be followed, it is advised that you contact an intellectual property lawyer.
The Design Act
It governs registration and protection of industrial designs in India. It promotes innovation and creativity in the industrial designs by ensuring a legal protection to the owners of such designs against the acts of misuse or forgery.
The Patent Act
This Act governs registration and protection of patents in India. Patent is the kind of legal right which is granted to the inventor of a new, useful and non- obvious product or the procedure for the same, a legal framework for protecting such inventions against their misuse or forgery. For further information on the topic or the various procedures related to it, it shall be favourable to seek legal advice from an experienced intellectual property lawyer.
The Copyright Act
Is the law regulating the registration as well as legal protection of the copyrights in India. Copyright could be understood as an exclusive right to reproduce, distribute, and display an original creative work, such as a work of literature, music, a song, a play, a screenplay, a dramatic work of art, a motion picture, or an audio composition, etc.
Matters related to intellectual property rights can be handled by Intellectual Property lawyers
As can be understood from the above discussion, IP laws have been introduced in the country with an objective of saving the legal rights related to the intellectual property. It will be in favour of the individual to ensure that his property is safe from any crime of theft or forgery. One may appoint an advocate or seek guidance from an intellectual property lawyer to ensure protection to his or her ip rights.
Conclusion
The IP rights of the law has had significant changes in recent years, making it more robust and effective while protecting the rights of the stakeholders. In order to secure guidance for the proper procedure to register one’s intellectual property, it is advised that you seek legal assistance form an experienced IP lawyer.
Lead India offers you a team of experienced lawyers who have years long experience in successfully handling cases related to IP laws. Hence, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.