Registration of Patent, Trademark, Copyright, and Design and Its Importance
Patent, Trademark, Copyright, and Design comes into existence whenever anyone creates any new technology or brand or artistic work.
Intellectual property registrations (copyright, patent, trademarks, and design) are just like registering properties in your name, and requires Patent and Trademark Lawyer
Patent, Trademark, Copyright, and Design gives monopoly right over creations/ inventions/ innovations.
Copyright and Trademark registrations are not mandatory. But adds huge advantage whenever there is challenge to the ownership.
- Reason of such legalized monopoly
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.
You know even some philanthropists give away their intellectual property rights. Companies and business houses spend enormous amount of resources behind research and development and most obviously expects refund or recovery of money invested . Trademark, Patent, Copyright and Designs which are registered helps enforcing rights against infringement.
- Territoriality of Intellectual Property
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.
Does that means anyone and everyone can copy your work and go away only because country is different? There is no clear answer to this, if you see patent examination then citations given are global and are not limited to the country in which you have filed for registration, this certainly confirms to some extent the extra-territorial effect of patent registration. Also in trademark, a non-registered trademark proprietor of foreign country can very well enter into trademark opposition when there is any wrongful adoption of the mark; Court considers the factor of trans-border reputation of the mark, which also is a contradiction to strict interpretation of territoriality.
- International conventions and its importance
Countries have penned International Conventions, like Paris Convention, Berne Convention, TRIPS, Geneva Conventions, etc. to respect and protect industrial property (patent, copyright, trademark, geographical indications, state emblems, etc) of each country.
Countries have adopted uniform filing process through Paris Convention, PCT, Madrid protocol which comes in aid to creators & innovators who intends to protect their intellectual property in country apart from home country.