Copyright and Trademark complete Guide
The Indian law of copyright is enshrined in the
Copyright Act, 1957. The Act seeks to provide for the copyright
registration in India. The object of copyright
law is to encourage authors, artists, and composers to create original works by
rewarding them with the exclusive right for a fixed period to reproduce the
works for commercial exploitation.
What is Copyright
COPYRIGHT is a right given by the law to
creators of literary, dramatic, musical and artistic works and producers of
cinematograph films and sound recordings. In fact, it is a bundle of rights
including, inter alia, rights of reproduction, communication to the public,
adaptation, and translation of the work. There could be slight variations in
the composition of the rights depending on the work.
Copyright is the legal protection given to the
creator of an original literary or artistic work. It is the exclusive right
granted by the law to the creator of such original work, to do, authorize, or
prohibit certain acts in relation to such work, thereby protecting and
rewarding creativity.
Copyrights subsist in the following class of
works:
a) Original literary, musical, dramatic and
artistic works.
b) Cinematograph films
c) Sound recordings
The rights vary according to the class of work.
Copyright also subsists in translations, abridgments or compilations of such
works, provided the permission of the copyright holder is obtained. Computer
programs are considered as literary works and are protected under the Copyright
Act. There is no copyright in an idea.
Rights conferred by registration
In general, registration is voluntary. Copyright
exists from the moment the work is created. Under Indian law, registration is
not required either for acquiring copyright or for enforcing it in an
infringement action. However, registration has evidentiary value in a court of
law with reference to dispute relating to ownership of copyright.
Author of copyright
Under copyright law, the creator of the original
expression in a work is its author. The author is also the owner of the
copyright, unless there is a written agreement by which the author assigns the
copyright to another person or entity, such as a publisher. In cases of works
made for hire, the provider of the work is considered to be the author.
Filing and Prosecuting Copyright Applications
An application for copyright on Form-IV
accompanied by four copies of the work is to be made on Form IV ( Including
Statement of Particulars and Statement of Further Particulars) along with the
prescribed fee at Copyright Office of the Department of Education, New Delhi.
The Copyright Office initially provides a filing number and filing date and
issues a filing receipt. Thereafter the application is formally examined by the
Office. Defects will be communicated to the applicant. Once the application is
found to be in order it is accepted and the Copyright Office issues the
registration certificate.
A
trademark refers to the unique identity that enables you to make your brand or
product stand out from the rest of the horde. Trademark is defined as “ a mark
represented graphically capable of distinguishing the goods or services of one
person/company from the others. This may include colors, shape, brand, name,
signature, letter, word, number, or combination of any” under section 2 of
Trade Marks Act, 1999.
You
can apply for a trademark for a logo, photograph, word, slogan, smell, sound,
graphics, or color combinations; however, most businesses consider trademark
registration online for their logo, tagline, and brand registration.
If
you have come up with a new business idea and want to keep it from getting
stolen, you can protect it by patenting it. A registered trademark is an
intangible asset of your business, and it acts as a protective shield for your
investment and efforts put in to create a brand or registered logo.
Trademark registration
in India is carried out by the Controller
General Of Patents. The Trademark Act, 1999, offers you the right to take legal
action against those who try to copy or use your trademark.
Trademark
Registration: Who can Apply?
The
trademark rules of India enables private firms, companies, individuals, NGO’s,
and LLP’s to register items like sound, logo, phrases, words, colors, images,
initials, and symbols. For companies, NGOs, or LLPs, the trademark application
needs to be facilitated in the business’ name.
Importance
of Trademark Registration in India
Registering
your brand or business in India delivers a bunch of benefits, as discussed
below.
- Business Opportunity
If
you provide or offer a brand, service, or product under a registered trademark,
it helps you present yourself as reliable and trustworthy. It helps your brand
get a discreet identity, which helps you edge your competitors, and puts you on
the advantage when you sell on multi-vendor platforms.
- Legal Protection
If
you have performed your brand or logo registration and you find your trademark
being copied, you can take the legal route and sue the person or company in
question.
- Unique Identity
Consumers
identify products and services by the name of their brands. Trademark
registration provides you with a guarantee that no other individual or company
will use your copyrighted assets.
- Global Filing
If
you register and file a trademark in India, you can file it in other countries
as well. Similarly, foreigners can also obtain trademark registration in India.
You
might get trademark
objection or trademark hearing later in the process of registration.
After
filing the application, every trademark is examined by the examiners appointed
by the Trademark Registry. After examination, an examiner issues an examination
report in which the objections, if any, are raised by the examiner. On
receiving the Examination Report, the applicant has to submit his/her response
based on the objections in the examination report. In case the objections are
not met to the satisfaction of the trademark office through the response, the
applicant can avail an opportunity of hearing before the Trademark Registrar,
where he/she can present submissions orally. Trademark hearing is generally
conducted by the Assistant Registrar of Trademarks.
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