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IP Frequently Asked Questions
The world of intellectual property with our comprehensive FAQ page bio. Find concise and informative responses to common queries, unraveling the intricacies of patents, trademarks, and copyrights. Empower yourself with knowledge to safeguard your creative assets effectively.
Comprehensive global IP legal services: patents, trademarks, copyrights, and more. Protect your intellectual property with our expert guidance and representation.
Trademark Registration FAQ
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.).
Under modern business condition a trademark performs four functions
It identifies the goods / or services and its origin.
It guarantees its unchanged quality.
It advertises the goods/services.
It creates an image for the goods/ services.
The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder.
International multilateral convention.
National bilateral treaty.
Regional treaty.
Decision of the courts.
Office practice reduced in Manuals and guidelines and rulings of the Courts.
Decision of Intellectual Property Appellate Board.
Text books written by academician and professional experts.
It identifies the goods / or services and its origin.
It guarantees its unchanged quality.
It advertises the goods/services.
It creates an image for the goods/ services.
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
Copyrights Registration FAQ
Copyright registration is a legal procedure that grants the creator of an original work exclusive rights for its use and distribution.
Registering for copyright provides legal evidence of ownership, helping protect your work against unauthorized use or infringement.
Copyright registration can be applied to a wide range of creative works including books, music, films, paintings, software, and more.
The author or creator of the work, the owner of the copyright, or an agent authorized by the owner can apply for copyright registration.
Copyright protection typically lasts for the lifetime of the author plus 70 years, although this may vary depending on the type of work and jurisdiction.
Design Registration FAQ
Design registration is a process that provides legal protection to the visual design of objects that are not purely utilitarian. This includes designs used in jewelry, clothing, and industrial products. The design must be new, original, and not previously published anywhere globally to be registered.
Typically, the term of a registered design is 10 years from the date of registration. However, this can vary depending on local legislation, and renewal options are often available.
Yes, in most jurisdictions, a registered design can be renewed. It’s important to maintain the renewal deadlines to ensure your design remains protected.
While both offer forms of intellectual property protection, patents usually cover new inventions (process, machine, manufacture, composition of matter), while design registrations protect the unique visual characteristics of a product.
If someone uses your registered design without your permission, it’s considered an infringement. Legal action can be taken against the infringer, which may result in compensation and a court order to stop further infringement.
Patent Registration FAQ
A patent is a form of intellectual property that grants the patent holder exclusive rights to an invention for a limited period, usually 20 years from the filing date.
Inventions that are novel, non-obvious, and have an industrial application can be patented. This includes new processes, machines, manufactured items, or any new and useful improvements thereof.
An invention is patentable if it is novel (not known to the public prior to filing), non-obvious (not an obvious development for someone skilled in the field), and industrially applicable.
The patent registration process in India involves preparing a patent application with all necessary documents and filing it with the Indian Patent Office. This is followed by a preliminary examination, publication, opposition (if any), and a final examination before the patent is granted.
A provisional patent application is an initial application that secures a filing date and allows the inventor to use the term “Patent Pending.” A complete application, filed within 12 months from the provisional application, includes full details of the invention.
Cyber Law FAQ
Any criminal activity that uses a computer either as instrumentality, target or a means for perpetuating further crimes comes within the ambit of cyber crime. The term “cyber-crime” is not defined under the Information Technology Act, 2000.In simple terms cyber crime would be “unlawful acts wherein the computer is either a tool or a target or both”. It is also known as computer crime, e-crime and electronic crime.
There are various modes or methods by which cybercrime can be committed such as
1. Unauthorized access to computer systems or networks / Hacking. 2. Theft of information contained in electronic form. 3. Email Bombing. 4. Data Diddling. 5. Salami Attack. 6. Denial of Service attack 7. Virus / Worm attacks. 8. Logic Bombs Internet time thefts.
1. Unauthorized access to computer systems or networks / Hacking. 2. Theft of information contained in electronic form. 3. Email Bombing. 4. Data Diddling. 5. Salami Attack. 6. Denial of Service attack 7. Virus / Worm attacks. 8. Logic Bombs Internet time thefts.
Cyber laws reduce or prevent damage from online criminal activities by protecting privacy, information access, intellectual property (IP), communications and freedom of speech related to the use of websites, cell or mobile phones, email, computers, the internet, software, and hardware, such as data storage devices.
There are cyber laws that are criminal laws and there are cyber laws that are civil laws. Any law or regulation that involves how people use computers, smartphones, the internet, and other related technology is cyber law.
Cyber law in India defines and penalizes various types of cybercrimes, such as hacking, cyberstalking, identity theft, phishing, and cyberterrorism. Consumers trust cyber laws to protect them from online fraud.
IP Due Diligence FAQ
Intellectual property due diligence is the investigation to determine the value of a company's intellectual property. Intellectual property due diligence is also called IP due diligence. IP due diligence is most often completed by intellectual property attorneys.
The strength of an intellectual property portfolio can determine a company's worth. This is becoming more common in the technology age. Some companies deal only in intellectual property and have no physical assets.
Other reasons to investigate the value of an intellectual property are:
A company is interested in purchasing your intellectual property
A company is interested in licensing your intellectual property
A company is interested in an intellectual property trade
Preparing for initial public offering or IPO listing on a stock exchange
IP due diligence is often completed before a sale of intellectual property. It can be completed by the seller and or the buyer.
IP due diligence takes a specialized set of skills. Intellectual property attorneys should be hired to investigate intellectual property.
The main steps include identifying the IP assets, reviewing their ownership and registration status, validating their enforceability and legal protection, analyzing agreements and licenses, and assessing the overall market potential and competitive landscape for the intellectual property.