Advocate Sakshee Jain
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Copyright
Copyright is a legal concept that grants the creators of original works exclusive rights to use and distribute their creations.
These works can include literary, artistic, musical, and other types of intellectual property.
Trademark
A trademark is a symbol, phrase, word, or design that identifies and distinguishes the products or services offered by a particular organization or individual from those offered by others.
Trademarks can include anything from a simple logo or slogan, to a complex design or phrase.
Patent
A patent is a legally recognized exclusive right granted to an inventor by the government to market, manufacture and use a particular invention for a limited period of time, usually 20 years from the date of application.
Getting a patent can provide inventors with a unique advantage over competitors by preventing others from making, selling, or distributing the same invention.
Trade Secrets
Trade secrets can include formulas, algorithms, recipes, customer lists, marketing strategies, manufacturing techniques, and more.
Companies can protect their trade secrets through various means such as employee non-disclosure agreements, restricting access to confidential information, and implementing physical and cybersecurity measures to prevent unauthorized access or cyber theft.
Geogrophical Indicatitons
A ‘Geographical Indication’ is defined as ‘an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory.
Where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality as the case may be’.
Plant Varieties and Farmer’s Rights
Permits any breeder, farmer and any person as authorized, to apply for registration of a new plant variety. A new plant variety is registrable if it satisfies the conditions of ‘novelty, distinctiveness, uniformity and stability’.
To elaborate, the condition of novelty requires that at the date of filing the application (for protection), the plant variety must not be sold. Further, distinctiveness encompasses the requirement of having at least one distinguishing factor from all other existing and protected plant varieties.
The requirement of uniformity means that all essential characteristics of the plant variety must be uniform.
The Industrial Design
Industrial design is a field that encompasses a wide variety of design disciplines, ranging from product design to architecture.
It involves creating and developing designs that are both functional and visually appealing, while taking into account factors such as safety, ergonomics, and sustainability. Industrial designers work with a variety of materials and tools to create products that meet the needs of consumers.
They collaborate closely with engineers, marketers, and other professionals to ensure that their designs are cost-effective and meet the desired design specifications.
Moral Rights
Moral rights are related to copyright.
Unlike copyright, moral rights can’t be assigned — but they can be waived. Moral rights give the author two things. The right to be identified as an author, and that the work won’t be used in a way that negatively affects the reputation of the author. Moral rights can cause some difficult issues.
They are often overlooked, which is unfortunate because moral rights are usually easy to deal with if addressed at the right time.
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