How To Secure Your Intellectual Property Rights: Easy Registration Guide.

Introduction:

Intellectual Property (IP) plays a crucial role in fostering innovation and economic growth. It provides creators, inventors, and businesses with exclusive rights over their unique works, ensuring they receive credit and financial benefits. However, these rights are only enforceable upon successful registration. This article explores different types of intellectual property—trademarks, patents, copyrights, and designs—and provides an easy-to-follow registration process for each. By securing your IP rights, you can protect your brand, prevent unauthorized use, and establish a competitive edge in the market

How to Secure Your Intellectual Property Rights: Easy Registration Guide.

Introduction

Intellectual Property refers to the original, intangible creation of human intellect which has emerged as a result of consistent efforts to revolutionize mankind. The inventors, creators and authors amongst others, have been bestowed upon certain enforceable rights against unauthorised access to their works for a definite period of time. These rights fall under the purview of Intellectual Property Rights and have been bifurcated into categories based on the kind of subject matter, majorly covered under patent, trademark, copyright and industrial designs. Creators and developers utilise IP Protection as a tool to balance exorbitant investments in research and development, with the profits arising out of their uniqueness in the market.¹ However, this protection is granted pursuant to successful registration of the same in the name of the proprietor as no statutory provision grants protection to unregistered assets.

Types of Intellectual Property and their Registration

1. Trademark

Any collection of words, numbers and alphabets along with specific drawings, symbols, shapes, sounds and fragrances, aimed at distinguishing the goods and services of one person from that of the other in the course of trade constitute a trademark. Trademark protection is granted for a period of 10 years following registration but the same can be renewed further with the payment of renewal fees. Certain marks are designated as well-known marks upon acquisition of significant market share and reputation. Trademarks are also licensed for use in return of royalty.

Registration process of Trademark is as follows:

Trademark registration in India protects the brand and offers exclusive rights. The steps involved in registration of Trademark are:

1. Classification – The trademark is first classified under a particular class out of the 45 classes under the NICE classification.
2. Trademark Search – Classification is followed by a search to identify identical and similar marks so as to verify if there is an existing mark. This helps in avoiding future legal complications.
3. Submission of Application – Upon satisfaction pertaining to the originality of the mark, an application consisting of brand name, applicant's name, logo and class of goods and other details shall be submitted.
4. Payment of Fee – The fees required are paid based on the nature of the business and the number of classes selected.
5. Examination – The trademark office examines the application to confirm that it is unique and in accordance with legal requirements.
6. Addressing objections– All objections are to be acknowledged by the applicant and a suitable response with clarifications has to be furnished within 30 days.
7. Publication – Once the objections are removed, Trademark is published in the Trademark journal.
8. Third Party Opposition – All opposition that is instituted has to be settled by negotiation or through legal means.
9. Grant of Certificate – Once the oppositions are clarified, the registry issues a Trademark Certificate, valid for 10 years.
10. Renewal – Trademark needs to be renewed every 10 years for continued protection.²

2. Patents

An invention is either a product or process that offers a novel method of accomplishing a task or presents a new technical answer to an issue that goes beyond simple solutions. A patent is a unique right awarded for an invention. Patents help inventors by offering them legal safeguards for their creations. Nevertheless, patents also serve society by offering public access to technical details regarding these inventions, thereby speeding up innovation.³ However, by giving the broader public access to technical data about these concepts, patents also help society by spurring innovation. For a set amount of time, the patent holder in the country or area where the patent was issued has the sole authority to restrict or forbid others from making money off of the claimed invention.

Registration process of Patents is as follows:

Inventors get to exercise certain rights pertaining to their creations, thereby preventing unauthorised use. The procedure for registering a patent is as follows:

1. Eligibility –It is essential to ensure that the invention in respect of which patent is sought, actually qualifies as a patent. Software advancements, biotechnological innovations and process qualify under the category of patents, Natural laws, healthcare methods, and scientific concepts cannot be patented.

2. Conduct a Patent Search – Before submitting, perform a thorough patent search to check if there are existing inventions that are alike. This avoids legal conflicts and also prevents application denial.

3. Patent Specification – A descriptive document covering details of the invention, highlighting its uniqueness, potential advantages and the probability of usage for industrial purposes. A provisional specification submitted initially, needs to be pursued further with final specification within a year.

4. Submission of Application – Th application accompanied by essential forms and fees shall be submitted to either of the patent offices in Mumbai, Delhi, Kolkata and Chennai.
5. Patent Publication – After submission, the application is made available in the government gazette for public feedback and potential challenge.

6. Patent Review – Authorities examine the application for originality and adherence to patent laws. Candidates must respond to challenges.

7. Patent Approval & Legitimacy – Once approved, the patent lasts for 20 years.

8. Patent Renewal and Restoration – Patents need to be renewed each year. Patents that have expired can be revived within 18 months by submitting a restoration application.⁴

3. Copyright

Copyright refers to a legal term that describes the rights conferred upon creators in their literary and artistic works. Copyright provides protection in terms of both economic and non-economic interests of authors.⁵ The idea is to prevent unauthorised use of copyrighted works by persons other than the author or his assigned holders and licensees. Works protected under copyright range from paintings, music, cinematographic works and books to technical drawings, computer programs and so forth. In most territories, copyright protection is obtained automatically with no need of any registration, while adhering to the Berne Convention. Copyright protection is granted for the period of author's lifetime plus additional 60 years to preserve the author's legacy through heirs and holders of his work.

Registration of copyright

To effectively complete the process, adhere to these simple, step-by-step instructions.

1. Go to the official website: Start by visiting the official website of the Copyright Office. Register and create a user ID and password if you're a new user. Older users can log in immediately.
2. Send in Your Application: Complete the Statement of Particulars, submit a scanned copy of your signature, fill out Form XIV, and pay the necessary amount online. Every work needs its own application.
3. Obtain Your DairyNumber: The process will begin when you receive a Dairy Number following submission. Objectionscan be raised during a 30-day waiting period. Hard copies should be printed and mailed to the Copyright Division.
4. Addressing Any Objections: The application proceeds if there are no objections. A hearing is planned to address any complaints that may be voiced.
5. Final Review and Acceptance: The application is reviewed by the registrar for acceptance or rejection once all objections have been resolved.
6. Obtain a Copyright Certificate: Your official copyright registration certificate will be issued to you after clearance, often in two to three months.⁶

One can go to the website, enter their Dairy Number, and monitor the status of their application.

4. Designs

Industrial design acknowledges the development of novel and distinctive elements, such as new shapes, configurations, surface patterns, ornamentations, and line or colour compositions applied to products that, when completed, are purely aesthetically pleasing.⁷ Any creation which is merely a substance of mechanical device does not fall under the purview of designs.

Registration of design

The exclusive rights granted by design registration are valid for ten years, with the possibility of a five-year extension. This is a straightforward step-by-step tutorial to the procedure.

1. Choose the Correct Patent Office: Apply in person at one of five locations: Chennai, Mumbai, Ahmedabad, Delhi, or Kolkata.

2. Submission of an Application: Fill out Form-1 with details on the candidate, the Locarno Classification, and any unique design characteristics. Send in numerous views for 3D designs and two copies for 2D drawings.
3. Review of Applications: After reviewing your application, the patent office may raise objections.
4. Elimination of Any Objections: Resolve complaints by changing or clarifying the specs.
   5. Registration Certificate: Once approved, your design copyright certificate is issued.
5. Restoration & Renewal: Use Form-4 to restore within a year of expiration or extend within ten years.

In this manner, a design gets unique rights and is legally protected.⁸

Conclusion

As intellectual creations of humans have flourished as a source of income and profit, it has become essential to protect innovative works by way of registration in the form of patents, trademarks, copyrights and designs. Plain reading of this piece will help in navigating the procedure of registration while briefly describing the basic requirements and categorisation of each intellectual property.

Footnots

1 https://journals.lww.com/japtr/fulltext/2011/02020/Intellectual_property_rights__An_overview_and.4.aspx

2 https://www.setindiabiz.com/blog/trademark-registration-process

3 https://www.wipo.int/en/web/patents

4 https://www.indiafilings.com/patent-registration

5 https://www.wipo.int/en/web/copyright

6 https://www.indiafilings.com/copyright-registration

7 https://ipindia.gov.in/designs.htm

8 https://www.indiafilings.com/learn/design-registration/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.