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Businesses thrive on USPs, and if someone is using the same business ideology that runs your revenue, or steals your idea of products/ services, your sales are in danger. If you plan to do business in India, or if you are already here, it’s imperative to understand how to use, guard, and enforce your rights over Intellectual Property that your business owns. Having a tough time understanding IP? Well, working with the top lawyers in Mumbai can immensely help. However, to help you get started, here’s a guide from the best corporate law firms.
Patents
Patents grant inventors exclusive rights over their inventions' production, usage, and marketing, within legal bounds. This control allows them to dictate the use of their creations. While benefiting inventors, patents also serve the public by sharing innovative outcomes. Notably, mere scientific discoveries aren't eligible for patent protection.
The Patents Act of 1970 entitles inventors to specific benefits from their creations, prohibiting unauthorized manufacturing, use, or marketing by others. It secures a 20-year protection from the application date, fostering innovation in science, technology, research, and industry. To balance public interest, the Act incorporates Compulsory Licensing provisions, enabling the production and sale of patented products if unreasonably priced or inaccessible, meeting the public's needs, outlined in sections 84 and 92.
Trademarks
A trademark encompasses phrases, words, symbols, or their visual representations distinguishing a proprietor's goods/services from others. Its purpose is to link products to their owners, aiding in identification by establishing a connection. Achieved through names, logos, colors, words, designs, symbols, shapes, or their combinations, trademarks define product nature and quality.
Governed by the Trademarks Act of 1999, this law safeguards trademarks for goods/services. It includes provisions for collective marks and certification trademarks, preventing misuse by enabling registration and protecting against infringement. The Act specifies that the trademark registration certificate under sec. 23 (2) cannot be used in legal proceedings, necessitating the use of a certificate issued under sec. 137, as per Rule 56(2) of the Trademarks Rules, 2017.
Copyright
Copyright safeguards creators' original literary, dramatic, musical, and artistic creations, including sound recordings and cinematograph works. It spans diverse fields like music, science, art, technology, and literature, encompassing paintings, songs, books, films, computers, and software.
The Copyright Act of 1957 establishes the legal framework protecting creators' expressions and preventing their misuse. It defends the expression of ideas, not the ideas themselves, detailed in Sec. 102(b) of the Act. Chapter V of the Act delineates varying copyright terms for different works; for instance, Sec. 22 ensures protection for literary, dramatic, musical, and artistic works (unless specified otherwise) for 60 years after the author's death.
Conclusion
Other types of IP rights include geographical indications, industrial designs, layout designs, etc. There’s no denying that Intellectual Property Rights are one of the most crucial assets for a business. Whether you are new in the industry or have been there for years, adhering to legal frameworks and proactive measures in securing IPRs is imperative to safeguard your rights and your business. Searching for the top lawyers in Mumbai to help you with Intellectual Property laws? Conduct a comparative analysis, check the industry reputation of lawyers, and pick the best corporate law firms having an extensive track record in dealing with IP cases.
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