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Sabahat Sayed (Advocate)     05 June 2008

patent, trademark & copyrights

Hi, I want a synopsis of what is a patent, trademark and copyright. I want a gist of all these three in summary. Urgent



Learning

 2 Replies

Manish Singh (Advocate)     06 June 2008

These are quite extensive terms and unless you go through them in detail, you cant be able to interpret exactly, stll we are providing breif description for those terms.

TRADEMARK - A word, a name, a symbol, a device, or a combination of them that indicates the source of goods or services. Distinguishes the products or services of one business from those of others in the same field. The owner/assignee/licensee of a trademark/mark has the right to exclude others
from using that trademark/mark by being the first to use it in the marketplace. Rights in a trademark/mark are obtained only through commercial use of the mark. The owner of a trademark/mark has the right to exclude others unless the trademark/mark has been abandoned.

COPYRIGHT MEANS THE EXCLUSIVE RIGHT TO DO & AUTHORISE TO DO CERTAIN ACTS IN RELATION TO ARTISTIC, LITERARY, DRAMATIC, MUSICAL WORKS, CINEMATOGRAPHIC FILM , SOUND RECORDING AND SOFTWARE.
BASICALLY, COPYRIGHT MEANS THE RIGHT TO COPY OR REPRODUCE THE WORK IN WHICH COPYRIGHT SUBSITS.

THE COPYRIGHT VESTS IN ORIGINAL WORK IN WHATEVER FORM IT MAY BE, i. e. , LITERARY, ARTISTIC, ETC. . THE REGISTRATION OF COPYRIGHT IN INDIA IS NOT MANDATORY BUT USEFUL IN COURTS WHERE CIVIL AND / OR CRIMINAL PROCEEDING CAN BE TAKEN TO PROTECT IT.

A patent is a monopoly right granted to a person who has invented a new and useful article or an improvement of any existing article or a new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. During the term of the patent of owner of the patent, i.e. the patentee can prevent any other person form using the patented invention. After the expiry of the duration of the patent anybody can make use of the invention.

arunprakaash.m. (advocate)     09 June 2008

if you want to acquire details to through bare acts of  the trademarks act 199. the patent act 1970. copyright act 1957. GI 2000. Designs act 2000.


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