What is Rights:-
We have to protect our work through legal ways that prevent others from taking over your work and efforts without your permission. Government low has introduced some useful Rights that are more beneficial to tag your work and efforts with your name uniquely.
Every organization, Researchers, Author and business person Protects own work and business structure through Use these Rights to to avoid Copyrights. The Following Rights are:-
1. PATENTS Rights:
Needs of patent Filling Right: Patent is legal right that prevent other to copyright your work and design. it makes your invention uniquely identifiable through your identity. Many Researchers, Organization, Architects and builders securing their work through Patent Registration. Once you applied , the patent goes to the National Patent Office for further evaluation. It includes the process of publication, examination and prosecution. If found eligible, the application is granted. The granted patent then needs to be maintained over its lifetime, which is 20 years from the date of the earliest filing.
Patents Rights Comes under Two Categories:
1. Exclusive Rights :-
A patent is an exclusive right granted to the inventor for an invention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem.
2. Negative Rights:-
A patent prevents others from creating, using, selling, offering to sell, or importing the patented invention in a geography, as per the terms of the patent.
Patents Validity: A Patent expires after 20 years from the date of its earliest filing.
Patents should have:
- novelty
- inventive step
- industrial applicability
- Novelty check is global, but the rights are geography-specific
Patents Key points:
- Patents protect inventions that relate to a product and/or a process to make the product.
- The invention will be patentable if it is novel, inventive and has a utility value.
- It is essential not to disclose the details of the invention till it is published.
- Patents expire after twenty years from the date of its earliest filing.
- Let us now see how a patent document looks, the most important part of the document being the Claims section.
2. Trademark Rights:
Trademark gives your business an unique brand value or brand symbol, like Facebook has its brand logo, twitter has its brand logo, Google and Microsoft also has brand trademark logo. A trademark can consist of any distinctive set of words, letters, numerical, pictures. shapes, colours, logos, or labels.
Trademark is a distinctive sign that involves branding which distinguishes the goods and services of one enterprise from another. It helps customers decide what to select when to choosing between similar or related products.
Trademarks Validity:
The validity period is for ten years and requires renewal. Thus, a trademark can last perpetually if renewed every ten years.
3. IC Layout Designs Rights:
Integrated Circuit (IC) Layout Designs rights protected against copying of the topographies in Integrated circuits. It prevent others to make a copy of physical IC design without the inventor permission.
It Protects any aesthetic or ornamental (non-functional) aspect of a product’s exterior design that appeals to the eye. It does not protect the functions or functionality of the product. Thus, Designs must be unique and new to be considered as 'original'.
4.Trade Secrets Rights:
Trade Secrets include any protected business information such as a formula, practice, process, design, instrument, pattern, or compilation of information that is not generally known to the public and provide a competitive advantage to the owner. The owner has to take measures to protect the secret information. Trade Secrets are also contractually protected by drafting Non-Disclosure Agreements (NDA).
5. Copyright Rights:
Copyright protects the originality of expressions of literary and artistic work. Copyright revoke the access from others to use and publish the content without the Author or owner permission.
Copyrights validity:
The validity varies based on the country. Many countries, including India, have a copyright validity period of sixty years from the subsequent year of the author's death. This means, a lifetime of the author plus 60 years.
Public domains copyrights:
Public domain refers to created work that is not protected by intellectual property laws such as Copyright. The public owns these works, not an individual author or artist.
How Copyright registration is helpful:
If your copyright is registered, you will receive a certificate of registration, with which the registered work will be eligible for any statutory damages. Registration allows protection in 167 countries, as per the Berne Convention. There is a need to obtain permission from the authors or the publisher to use the copyrighted content.
Copyright protects an expression of an idea and not the idea itself.
It protects software code, literary works, marketing, training, presentation, product documentation and so on.
The validity varies depending on the country where protection is sought. It is valid till sixty years after the death of the author.
Note: The Validity of all rights might be change vary on country to country.
