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Frequently Asked Questions
Cyber Crimes
Yes, IP rights are territorial. It means that an Indian registration is valid only in India. For protection of Intellectual Property in any other country, one has to seek protection separately under the relevant law.
a. COPYRIGHT = approximately one month
b. TRADEMARK = approximately two years, though rights are established, in part, as of the date the application is filed
c. PATENT = approximately two years, though the publication date establishes some rights.
b. TRADEMARK = approximately two years, though rights are established, in part, as of the date the application is filed
c. PATENT = approximately two years, though the publication date establishes some rights.
Copyright protects written, theatrical, musical and artistic works as well as film, book layouts, sound recordings, and broadcasts. Copyright is an automatic right, which means you don't have to apply for it1. The rights conferred allow the author / creator to prevent others from copying the work without permission. Copyright does not protect the ideas behind the work but rather how they are tangibly expressed, e.g. in writing. While there are no formal steps for registering your copyright, there are steps you can take to show when the work was created such as marking your work with the © symbol, your name and the year in which the work was created, lodging a copy with a solicitor or sending yourself a copy of the work via special delivery post to confirm the date and leaving it unopened.
A patent protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made. If a patent is granted, it may dissuade others from trying to use or exploit an invention and would give the owner the ability to take legal action to try to stop others from reproducing, using or deriving benefits from the invention without permission. An owner of a patent may sell or license their rights to the invention, thus transferring ownership or allowing others to use it under the terms of the license agreement.
Intellectual property (IP) refers to creative work (e.g. the results of a program of research) which can be treated as an asset or physical property. The distinction between IP and intellectual property rights (IPRs). IPRs are legal forms of protection for IP and fall into four main areas: patent, copyright, trademark and design rights.