Intellectual Property Rights
Intellectual property rights are the rights given to persons over the creations of their minds and give the creator an exclusive right over the use of his/her creation for a certain period of time. The commonly witnessed Intellectual property matters include copyright applications, trademark registration, Industrial Design and patent registration.
Our professionals at Enwisen share in-depth knowledge in the field for facing any challenging task in case of Intellectual property rights. We offer end-to-end services in the fields of Intellectual Property Rights. We possess expertise in prosecution and opposition of all forms of IP matters, advising clients on IP protection strategies, litigation matters and IP portfolio management. The services we provide under Intellectual Property Rights are as follows.
Trademark represents a company’s value and the goodwill associated with its business. A trademark can be registered if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the quality. An application for registration of a trademark is a one-day process after completion of documentation. A registered trademark is available for a term of 10 years and is to be renewed further.
The protection of trademark provides benefits like identification of the brand owner of a particular product or service, the permission of use to others through license agreements, protection of unauthorized usage, legal action against infringement, maintenance of exclusive rights over, that sign in relation to certain products or services.
Copyrights protect the creative expression of ideas. For a work to gain copyright, it has to be original and should be expressed in a material form. Copyright is effective upon the creation of the work. The types of copyright works are broadly categorized into (a) Original literary, dramatic, artistic or musical works, (b) Sound recordings, films or broadcasts and (c) The typographical arrangement of published editions.
Copyright grants certain rights that are exclusive to its owner. Based on these rights, the copyright owner can copy the work, issue copies of the work to the public, rent or lend the work to the public, perform, show or play the work in public, communicate the work to the public – this includes broadcasting of work and also electronic transmission and make an adaptation of the work or do any of the above in relation to an adaptation.
Industrial Design is focused on protecting the visual features of an article, namely its design, shape, pattern or ornament. It is a strategic problem-solving process that drives innovation, builds business success, and leads to a better quality of life through innovative products, systems, services, and experiences. An Industrial Design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An Industrial Design can be a two or three-dimensional pattern used to produce a product.
An industrial designer's role in the product development process is to establish the design language of a product, as well as corporate branding and identity. They are a vital element of the process because they have insight into market trends and consumer preferences. Obtaining exclusive rights to a product with a particular appearance may result in a substantial return on the investment because it will allow you to prevent others from reproducing a popular design.
Patent is an intellectual property right relating to inventions and it is the grant of exclusive rights, for a limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention and excluding others. An invention must satisfy the following three conditions of (a) Novelty, (b) Inventiveness (Non-obviousness) and (c) Usefulness. The term of patent in India is 20 years from the date of filing.
Patents ensure property rights for the invention for which patent has been granted, which may be extremely valuable to an individual or a company. The patent applicant has rights from making, using, selling, and importing the patented product or processes producing that product for any purposes.
