Patent, Trademark, Copyright, and Design takes birth whenever anyone creates new technology, brand, artwork and other.Intellectual property registrations (copyright, patent, trademarks, and design) are just like registering properties in our name.
Intellectual Property registrations are important- but why?
Copyright, Trademark, Patent, and Design gives monopoly right over creations/ inventions/ innovations.
It is your picture in trade and commerce, consumer identifies your goods through your picture. Trademark may be a word or a combination of words, letters, and numerals, drawings, symbols, three-dimensional features such as the shape and packaging of goods, sounds, fragrances, colour shades used as distinguishing features.
Patent right is granted for an invention, technology, a process, a method, products of such process, product, where there is technology is involved, new composition which either solves long existing problem or imparts advancement and/ or economic benefit.
Copyright protects expression of any idea, and expression varies from person to person, even if two people express an idea in similar manner without getting influences by one’s creation, copyright exists for both of their expression. However, such expression has to be in a tangible form capable of being reproduced.
Is Registration Mandatory
Copyright and Trademark registrations are not mandatory. Add huge advantage whenever there is challenge to the ownership.
Why Registration is granted
Government wants you to share your work with public for betterment of society. In return reward you with monopoly acknowledging investments of your efforts, time and resources.
Some philanthropists give away their intellectual property rights. But business houses and some individual wants return of their investments. Trademark, Patent, Copyright and Designs helps enforcing monopoly rights against infringement.
Intellectual property rights are territorial in nature. Is protected only in the country where it is registered. Trademark, Patent, Copyright and design registration in India, cannot give automatic protection in USA /Europe/ elsewhere.
Can anyone and everyone copy my work and go away:
No clear answer to this. Patent applications are tested against global citations, not limited to the country in which you have filed for registration. This confirms extra-territorial effect of patent registration. A non-registered trademark proprietor of foreign country can enter into trademark opposition. Court considers the factor of trans-border reputation of the mark, a contradiction to strict interpretation of territoriality.
Countries have signed International Conventions – Paris Convention, Berne Convention, TRIPS, Geneva Conventions, are some of them. To protect industrial property (patent, copyright, trademark, geographical indications, state emblems, etc) across jurisdiction. There is uniform filing process through Paris Convention, PCT, Madrid protocol which are born from these conventions.
Reference_2: Trademark Registry