Intellectual Property Services
In this fast advancing world, where research and development is a key factor, Intellectual Property Rights come into play. Earlier, these rights were only limited to tangible products, but now it is also possible to patent an idea or a process. IPRs includes :
- Patents
A patent is a government license that gives the holder exclusive rights to use,
manufacture and sell a novel process, design or a new invention for a
non-renewable limited time period (20 years in India) without
interference or infringement by other parties. Patents are usually
granted to the designer/inventor of the item if the patent is applied
for and approved before knowledge of the design becomes part of the
public domain.
A patentable invention can be a new product, a new process, a new
apparatus for performing a process or, in certain circumstances, a new
use of a known product. Patents cannot be obtained for something that
is known or an obvious modification of what is known.
A patent is a form of intellectual property and the owner of a patent can sell the property.
He can also grant licenses to others to exploit the patent. A patent is territorial in extent, which means
that a patent granted in one state/country cannot be enforced in another state/country, unless it is
also registered in that state/country.
Patent applications are complex legal documents and the ‘claims’
within a patent specification require skilled drafting. The objective
of the claim is not simply to protect an inventor's ideas, but also to
cover what a competitor might try to do having seen the invention,
possibly by applying it in a different way. Unless properly drafted, a
patent may be very difficult to enforce.
Do you have a new idea?
- Copyright
The legal right granted to an author, composer, playwright, publisher,
or distributor to exclusive publication, production, sale, or
distribution of a literary, musical, dramatic, or artistic work. In
other words, Copyright is the legal ownership of a "work", which can
take any of the following forms: written text, program source code,
graphics images, sculpture, music, sound recording, motion picture,
pantomime, choreograph and architecture.
- Trade Marks
A Trade Mark is a visual symbol in the form of a word, device, brand, ticket, heading, label, etc.
applied to articles of commerce with a view to indicate to the purchasing public that they are the
goods manufactured by a particular person as distinguished from similar goods manufactured by other
persons.
- Design Rights
The object of Design registration is to see that the originator of a profitable design is not deprived
of his reward by others applying it to their goods without his permission. A design must have individuality
of appearance, which makes it not merely visible but noticed although it need not possess any artistic
merit.
- Database Rights
Database right prevents copying of substantial parts of a database. Unlike copyright, the protection is
not over the form of expression of information but of the information itself. Database right usually lasts
for 15 years, but can be extended if the database is updated.
- Plant Variety Rights
Plant Variety Rights are granted to the breeder of a new variety of plant. It typically grants the plant
breeder control of the propagation material (including seed, cuttings, divisions, tissue culture) and
harvested material (cut flowers, fruit, foliage) of a new variety and the right to collect royalties for
a number of years. This can provide income for the breeder to cover the costs of research and development.
- Rights in Performances
Performers now have property and non-property rights which are in some ways analogous to economic and
moral rights in copyright law. Property rights include reproduction right, distribution right, rental
right, lending right and now making available right. A performer is entitled to equitable remuneration
from the owner of the copyright in a sound recording of his performance whenever it is played or
communicated to the public. Performers' non-property rights are the rights to withhold consent for
recording, broadcasting or transmission of a performance.
- Semiconductor Chip Protection Rights
Semiconductor Protection Rights protects three-dimensional images or patterns fixed in the semiconductor
product as long as the "topography" of the chip is not singularly dictated by the electronic
functioning of the chip, nor one of only a small number of possible design choices. Protection does not
extend to an idea or concept, process, or system behind the semiconductor product. In order to be
protected, the Mask Work must be "original", that is, it must be the independent creation of an
author who did not copy it.
We help inventors take the right step in getting their inventions or processes registered under the respective laws in India or abroad. Patenting your invention will in turn reap you benefits, like you can protect your invention from use by others, appropriate the returns/ profits from an invention by using any other complementary law alongwith IPRs, and control how your invention is exploited.
Do you have a great idea? We can help you determine what should be your exact steps to build a successful IP portfolio at the minimum cost. Our team of experts are well equipped to understand and assess your idea, and suggest you about the necessary forms of protection that you can obtain. Not only we will help you register your idea, instead we will help you build your IP portfolio in such a way that even competitors will not be able to exploit it in any way.
We work in close proximity with the IP Office Headquarters in Kolkata and process cases faster. We also organize and take part in awareness campaigns for IPRs, in institutions such as Indian Institute of Technology, Kharagpur(IIT-KGP), NGOs such as Society for Human Aptitude Knowledge Training and Implementation, Kolkata(SHAKTI), etc.
If you are an inventor, with a great idea and want to file a patent, or you are interested in learning more about Intellectual Property Laws, don't hesitate to contact us. We will be more than pleased to help you in this field.
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