- Different types of intellectual property? There are many types of intellectual property, Patent, Trademark, Copyright, Designs are some popular ones.
- What is a patent? Patent is a monopoly right granted to an inventor or owner of any invention to exploit her invention.
- What is a trademark? It is a brand/ word / logo which identifies your goods and services to the public at large
- What is a Copyright? It is the IP right granted for mainly creative arts and computer program, although its ambit is much larger.
- What is a Design? Any design which has commercial applicability or industrial applicability is covered under this. Design of water cooler, saree, shoes etc.
- What is NDA or Non-Disclosure Agreement? It is an agreement which creates obligation on parties not to disclose what has been shared inter-party.
- Do I need to sign NDA with my Intellectual property lawyer? No there is absolutely no need to sign NDA with lawyer. NDA plays role when you are sharing details with potentially interested party, and lawyer is not an interested party to your intellectual property. Most importantly, all conversation with lawyer is protected under Section 126 of Indian Evidence Act, 1872
- What is a plant variety? New varieties of plant developed by farmers, plant breeders are protected and rights are granted.
- For how many years this intellectual property rights are given? It varies amongst categories. Patent for 20 years, Trademark for 10 years and renewal thereafter, Designs for 20 years conditional, and likewise.
- Can I obtain patent for every invention? Patent is governed by Patent Act, 1970, and if your invention is not barred under it, then it is allowable.
- I have invented a machine which can work without power- Can I obtain patent? Any invention which challenges nature’s principle is not patentable.
- What is the cost of obtaining a patent? Cost of obtaining patent may vary on the legal status of applicant like – company, start-up, and individual as all these govern the official fees. Depending on Patent attorney you have engaged the professional fees will vary.
- How much time is required to get registration of Patent, Trademark, Copyright and Design? This days IPINDIA office is pretty fast and if you take all steps in timely manner, expect to get rights granted in reasonable time period.
- What is renewal in patent, Trademark? You have to renew patent every year, and renew trademark in every 10 years. Contact Trademark Lawyer for this.
- What IP rights are there in a song, story? Primarily in such works, copyright subsist.
- I want to record a cover song- What right do I have in it? You can do a cover only after expiry of certain period of time compared to the original version, and also you can obtain license to do cover songs, but yours rights are only of a performers and on composition in new manner.
- What right I have as a computer programmer? Depending on the scope and ambit of your work, your rights may be covered under Copyright and if there is integral involvement of hardware then also a patent.
- I have made a collage work – can I claim IP right? Yes, collage work are protected depending on factors like your contribution, modifications, changes made by you, ingenuity in representation etc.
- I have recorded song mash-up – can I have any right on it? Provided you have obtained appropriate permission to use other’s work and subject to the extent of your contribution, mash-up may be protected.
- I have prepared a vlog – how can I protect it? Degree of originality in your vlog is important, if you blankly copy else’s work no right subsist. However, if you have originally created it, no similarity exists with others then your vlog is protected.
- I am a researcher – I am getting call for paper reading what should I do? If you are a science researcher and you think that your research has potential to be patented, get in touch with a Patent Attorney, who shall guide you based on potential of your work and your future goal involving your work. If you are a non-scientific researcher, and your work is original you can go for a copyright registration. In all such cases (scientific or non-scientific), it is highly advisable to connect to a intellectual property attorney before presenting the paper.
- Is cooking recipe protected under IP? Yes cooking recipes are protected.
Source: WIPO