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Intellectual Property Rights
Category : IPR and Innovation
Intellectual property is an intangible right which highlights the creativity and originality. In India there are seven various Acts which presently form part of IPR’s. Such Laws basically recognize the limited monopoly of the right holder.
The oldest of this IPR is the concept of Trade Mark, which originated in early 12th Century from UK and later on expended to entire world. India also has its first Trade Mark Laws in 1958 and reenacted in the year 1999 (applicable as on date).
In India Trade Mark means a mark (representation) capable of being represented graphically and which is capable of distinguishing the goods or services of one person from that those of other and may include shape of goods, their packaging and combinations of colours etc. Pursuant to reenactment of this law in the year 1999, Services connected with industry, commercial matters, chit funds, communications, education, financing, insurance real estate, transport storage, material treatment, processing, supply of electrical or other energy boarding, lodging, entertainment and host others are also covered by this Trade Mark Law. Now the Collective Trade Marks and Certification of Trade Mark are also the component under Indian Laws.
All across the world Trade Marks are the commonly used form of representing and selling goods. The various internationally and nationally products are known by their brand names and their market credibility is linked with it. All popular products are directly linked with its name and not otherwise. Globalization and elimination of national boundaries for the purposes of Trade do warrant its protection and it is cause of concern for WTO and numerous unanimous agreement/ covenants and understanding were arrived among the member countries. Therefore I feel to highlight the importance of Trade Mark and other IPR in today’s business will be wastage of your precious time. Trade Mark and other IP Rights are now seen as a Value addition and a major tool for branding and targeting customers.
Trade Marks are protected even if they are not registered. But the registration gives a direct and instant recognition and a handy tool for marketing various products. Only the products with registered Trade Mark have become Brands and not the unregistered one. Hence it will be extremely appropriate to have Trade Mark registered. The registration of Trade Mark gives instant national and international recognition.
The process of registration of Trade Mark is simple and not highly technical. There are various agents and lawyers who are engaged in such kind of services. The Forms and Procedures are also given on www.ipindia.nic.in and one can apply directly on website as well. The Government fees are nominal and easily affordable. It takes around two years to finally get registration, if not opposed by any public person. Once registered it is applicable and confers legal right from the date of its initial application moved for registration. No one else can apply for the same trade mark once it is applied by someone else.
by : Vinay Kumar Jain, dated : 2009/09/16
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