All You Need To Know About Intellectual Properties

They say that we get the best ideas during shower. Those who manage to save these ideas before they flow down the drain are the successful individuals who eventually execute them. What makes you so sure that your super unique ideas remain unique and secured after they are outside the shower and stepping in the business world?

What are the problems you can expect to face as a unique business owner, how do you know that your name, idea, creatives, logo, images and product are not duplicated? How do you avoid people approaching you later with legal issues about your brand?

Worry not, find the answers to all your concerns here!

When an individual creates something intangible out of their minds and use it for commerce, that creativity is called intellectual property, for example inventions, artistic works, designs, names and so on. These Intellectual Properties (IPs) are protected by law. Not only does this protect the creative products legally, but also enable the individuals to gain recognition, monetary benefits, royalties etc from them being used elsewhere.

What are the different types of IPs?

There are different numbers of IPs recognised in different countries, some have 4 types while others have 5 or 9. Here let's talk about some that are extremely and immediately relevant to a new business owner.

1. Patents
2. Copyright
3. Trademarks
4. Industrial Designs- Any 3D or lines and shapes design that is unique to an individual that could be their product or handicraft.
5. Trade Secrets- IP rights that are secrets of the business that can harm the firm if sold, these secrets are licensed so that any unauthorised transfer of these secrets can be legally take action against.

PATENT

What is a Patent?

Patent is essentially an exclusive right one gets over their invention by the government, it gives them the right to decide what happens with their invention, how it can be used, where it can be used or if it can be used. It is always in exchange for the disclosure of some information publicly.  
The Patent System in India is governed by the Patent Act 1970, amended later.

For how long can I have a Patent?

In India Patent is granted for 20 years after it is filed.

How to get one? How do I know I need one?

You know you need one when you know your idea is unique enough to duplicate, you need to file for patent as soon as you realise you need it. You can file for patents at the Head Office of Patent or it's branches in India. You can either go through agents to apply for Patents, or yourself.

Online you can apply for a patent here.

You will need to disclose everything about your invention for application of the Patent. A research will be made for the existence of similar things in the past, this usually costs some money between INR 10-20k, after which you draft your Patent. It is best to take help from a professional to do it, which would cost you about INR 20-30k. After this you submit the application, there are three types of Patent Applications and depending on your Patent it will cost you either INR 1.6k, 4k or 8k. Here your application will be examined again. After this you might have to give some clarifications, if not you are good to go.

COPYRIGHTS

What is a Copyright?

Any literary or artistic work is copyrighted. For example books, movies, songs, artwork, paintings, maps, computer softwares and so on.  This gives the creator complete rights over their works. It also gives them both economical and social benefits of their creative work.
The Copyright Office in India is governed by the Copyright Act 1957, amended later.

Do I need to register my work for Copyright? What formalities are required for Copyright?

There are no formalities for Copyright, in fact you don't need to register your work either, mere existence is enough.

How much does Copyrighting cost?

It ranges for INR 500 to as much as 40,000. It depends on what you are getting copyrighted. Unless it is a cinematographic film and Music production or a Broadcast production, your work should be done under INR 5000.

How much time does Copyrighting take?

Unless any objection is raised the entire process should take about 30 days. Upon any kinds of objections it could take upto 3 months.

How to get one?

Online you can apply for a copyright here. Offline application can be done in the Head Copyright office.

What is World Intellectual Property Day theme this 2022?

The theme is Innovating for a Better Future. This April 26, 2022 is about finding the potential in our Youth and encouraging them to find new and better solutions so that we can move towards a sustainable future. It is all about youth led innovation and creativity.