Design, Copyright, Patent, and Trademark – The Difference
The field of IP is diverse and most terms of IP are used interchangeably due to sheer lack of understanding. Lets take a look at all IP streams and see what sets them apart and where to use what.
What Is Intellectual Property?
Intellectual Property is intellectual creations such as inventions, designs, brands, artwork and music. IP, as the short form is, is an umbrella under which all your brain-children are covered. All intellectual property MUST be converted in some physical form else just the idea is not considered under IP law.
What is Intellectual Property Law?
To establish, protect and enforce rights on the intellectual creations IP Law was formed. Intellectual property law is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property exclusive rights to the information and intellectual goods they create, usually for a limited period of time.
What are the types of IP protection available?
There are four types of cover your IP can apply:
- Design,
- Copyright,
- Trademark, and
- Patent.
Design Right:
The design right protects the features of a product, that are usually its visual features. Design protection gives the design owner a monopoly in shape, configuration, pattern and ornamentation of the design. It may further include decorative patterns, graphic symbols, the shape of products and their packaging. Examples: external look of the building or a shop front.
Copyright:
An exclusive legal right to reproduce, publish, sell, or distribute the matter and form of an original literary, musical, or artistic work is covered under copyright. It helps to protect the value of an author/academic/researchers/musical/artistic work, by giving the originator of the work the ability to protect it from unlicensed or uncredited usage.
Trademark:
Any word, phrase, symbol, design, or a combination of these things that identifies your goods or services can be registered under trademarks. It’s how customers recognize a business in the marketplace and distinguish it from its competitors. We may refer to trademarks as service marks when the registered mark is used for a service. Example: Name of an online retailer can be considered a service mark because it provides online shopping services. However, the name of that online retailer can also be a trademark, if it’s selling branded products under its name.
Patents:
A patent is a right granted for an invention that is new and useful. A registered patent provides the owner of the invention with the exclusive right to exploit it commercially for the life of the patent which is 20 years usually.
Patent Attorney in India at RK Dewan provides services like a consultancy to clients from all over the world on patents, trademarks, copyrights, and other intellectual property laws.