Difference Between Copyright, Patent, and Trademark

Know the Difference Between Copyright, Patent, and Trademark

Online Legal India LogoBy Online Legal India Published On 03 Nov 2022 Updated On 16 Dec 2022 Category Copyright

Essentially, patents, copyrights, and trademarks are issues that every company must consider. Despite the fact that some assets may be intangible, they are all examples of asset protections. Your company's assets may include machinery, property, or cash stashed away in a bank account, but you also likely possess intellectual property.

Manuscripts, books, creative licences, logos, and drawings for innovations are all examples of intellectual property. Different kinds of intellectual property that companies can own are protected by patents, copyrights, and trademarks. You can safeguard your intellectual property, which may be the most valuable thing your company owns, by understanding how each protection operates.

What distinguishes a trademark from a copyright? Describe a patent. The types of intellectual property that copyrights, trademarks, and patents each protect vary.

What is copyright?
 

A set of rights known as a copyright is one that becomes yours after an original work is produced. It can be beneficial to think of these rights as a bundle of sticks, where each stick stands for a different right that belongs to you as the owner, to better understand how they can be used or licenced. These privileges cover the ability to duplicate the work, create derivative works from it, distribute copies, perform the work in public, and put it on public display.

You have the right to keep each "stick," transfer it individually to one or more individuals or transfer it collectively to one or more people as the owner of the copyright. Licensing, assigning, and other types of transfers can do this. You have control over how your work is made publicly accessible thanks to copyright.

What is a patent?
 

Encouragement of invention and the commercialization of technological advancements is the main objective of patent law. An invention disclosure is encouraged by patent law in exchange for a limited number of exclusive rights. Inventions are shielded by patents. A novel and useful procedure, the machine, production, the composition of matter, or improvement to one of these can all be considered an invention. The subject matter covered by patents and copyrights may include some computer programmes. The patent system, which offers protection for functional parts of the programme not covered by copyright, thereby complements copyright protection. One must contact Online Legal India in the first place in order to apply for and receive a patent, unlike copyright protection, which is available immediately. The patent application process, which is more expensive, complicated, demanding, and time-consuming than copyright registration, should normally not be performed without the help of a knowledgeable patent attorney or agent.

What is a trademark?
 

A phrase, word, symbol, and/or design that identifies and differentiates the supplier of service as opposed to goods is known as a service mark. Brand names, taglines, and logos are some examples. (Trademarks and service marks are both referred to collectively as "trademarks" in this context.) ” Similar to copyright, a trademark or service mark may be used without registration to obtain protective rights; but, doing so may result in additional legal advantages. Rarely do trademark and copyright laws intersect, but it is possible. For instance, if a graphic artwork is utilised as a brand logo, the design may be protected under both trademark and copyright laws.

Advantages of obtaining copyright
 

When you produce an original work in a physical or fixed form, you will require copyright registration. However, if someone else utilises or takes your work, it could be challenging to prove that the work was not registered. Additionally, if you have done copyright registration, you can only file a lawsuit for copyright infringement. To make your copyright claim public, we advise registering your work with Online Legal India.

Advantages of having a patent approved
 

It might take years to develop an innovation, and they are frequently pricy. Having a patent means that you'll be able to make money off of your labour of love. With a patent, an invention and all associated procedures cannot be replicated, produced, or sold without the inventor's consent.

Advantages of receiving a federal trademark
 

Having a trademark prevents rival businesses from registering the same or confusingly similar marks in the same classes of goods or services as yours. In addition to enabling you to utilise the ® symbol and creating a public record of your trademark ownership, registration helps you build credibility and customer confidence while deterring counterfeiters. A federal trademark also paves the path for you to register your mark in other nations and gives you more tools to enforce the mark.

Differences between copyright, patent and trademark

 

Categories

Copyright

Patent

Trademark

Governed under

The Copyright Act, 1957

The Patents Act, 1970

Trademarks Act, 1999

Types of protection & work

Protection for original works of art, literature, theatre, and other forms of expression.

Protection for new, unique, and industrially useful inventions.

Protection of the distinctive moniker that sets a brand apart from others. include names, catchphrases, logos, shapes, and colours, etc.

Validity & reach

Valid for the remainder of the author's life plus 60 years after death.

Most nations in the globe have protection accessible.

Validity for 20 years beginning on the application's first day of submission. Additionally, because it is a territorial privilege, it only applies to Indian land. For each nation where protection is required, separate patent applications must be filed.

By renewing the trademark after every 10 years, the 10-year validity can become perpetual. Territorial in nature to assert rights ought to be applied to every nation separately.

Secures

Creative or intellectual creations are protected by copyright.

Patents protect innovations that have some application and are beneficial to the world.

Consider a recent development in the pharmaceutical business.

Trademarks protect the branding used to sell goods and services.

Rights granted

Control over the copyrighted works' distribution, performance in public, and display as well as their reproduction and creation of derivative works

Right to stop others from manufacturing, distributing, or bringing in the patented innovation

Right to use the mark and to stop others from using it or marks that are similar in a way that could lead to confusion about the source of the products or services.

Requirement of provisional application

No provisional application is needed.

You have 12 months after filing a provisional application to submit a complete specification and a priority date claim.

A provisional application is not a part of trademark registration, which also calls for a trademark search.

Conclusion

People's awareness of intellectual property rules has increased significantly over time. Almost every business interacts with intellectual property rights, which must be protected to protect a company's or business's valuable assets. Patents, trademarks, and copyright serve to protect everything from a company's brand name to any inventions it has made to its website. They also serve to encourage better creative expression and are a significant motivator for encouraging people to invest in research and development projects around the world. Intellectual property is a wealth-creating tool that grants an individual or firm genuine ownership and the appearance of a reliable business. Today, every company relies on intellectual property rights and invests millions of dollars to protect such rights.

Leading online legal service provider Online Legal India is dedicated to providing corporations and organisations all across India with straightforward answers. We simplify assisting and supporting the business, from company registration to IPR protection.

You can get inexpensive assistance from Online Legal India with the registration of your brand name, filing for a patent, or registering for a copyright of your work in India. Please feel free to contact our specialists at any time if you need help registering your intellectual property.


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