Patents, Trademarks and Copyrights: How key forms of intellectual property protection differ from each other
Copyright vs Patent vs Trademark: Intellectual property protection is important in order to foster innovation among businesses, secure business assets and products, and develop a competitive edge against competitors. Among all forms of intellectual property protection, patents, copyrights and trademarks are key applications. According to the FY22 annual report of the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications India (CGPDTM), the overall filing of applications for various intellectual property rights (IPRs) increased to 5.68 lakh in FY22 from 5.28 lakh in FY21, exhibiting an increase of 7.5 per cent.
This included patent applications filed which jumped to 66,440 in FY22 from 58,503 in FY21 while copyright applications increased to 30,988 from 24,451 and trademark applications grew to 4.47 lakh from 4.31 lakh. While the three IPRs — patent, copyright and trademark — work towards nurturing knowledge-based IP asset creation and promoting the culture of creativity and innovation, they have different use cases:
Patent
A patent is a form of intellectual property protection that grants exclusive rights to an inventor for their invention. It provides legal recognition and safeguards the inventor’s rights, allowing them to prevent others from making, using, selling, or importing the patented invention without their permission. Patents are typically granted by government patent offices and are valid for a limited period of time, usually 20 years from the filing date of the patent application.
For example, a person invents a new type of electric car battery that is smaller, more efficient and has a longer lifespan compared to existing batteries in the market. Recognizing the value of his invention, he decides to seek patent protection to ensure he has exclusive rights over his innovation.
If the patent office finds the invention to be novel, non-obvious, and industrially applicable, it grants the patent to the applicant. The patent will specify the scope of protection, detailing the technical aspects and features that are covered by the patent.
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By securing a patent, one gains several advantages. Firstly, the person has a monopoly over his invention, giving him a competitive edge in the market. The person can commercialize his invention and potentially license or sell his patented technology to other companies, generating income from his innovation. Additionally, the patent document serves as proof of his ownership and acts as a deterrent to potential infringers, as they risk legal consequences if they violate the inventor’s exclusive rights.
Copyright
A copyright is another form of intellectual property protection that grants exclusive rights to the creators of original works of authorship. It provides legal recognition and safeguards the rights of authors, artists, musicians, and other creators, giving them control over how their works are used, reproduced, distributed, displayed, performed, and modified. Copyright protection arises automatically upon the creation of a work and generally lasts for 60 years in India.
According to the government’s handbook on copyright in India, in the case of original literary, dramatic, musical and artistic works, the 60-year period is counted from the year following the author’s death. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
For example, if a person has written a novel, it is an original literary work he has created which can be protected to ensure that he retains control over its use and distribution. A copyright grants the author a set of exclusive rights over his novel such as the right to reproduce the work (make copies), distribute it (sell or give away copies), display it publicly (in a physical or digital form), perform it publicly (e.g., through readings or adaptations), and create derivative works (such as translations, adaptations, or screenplays based on the novel).
Copyright protection also acts as a deterrent to potential infringers, as they risk legal consequences if they violate the author’s exclusive rights without his permission. However, it is important to note that there are certain limitations and exceptions, such as fair use or fair dealing provisions, which may allow others to use copyrighted works for specific purposes, such as criticism, commentary, education, or research.
Trademark
A trademark helps distinguish the goods or services of one company from those of others. It is a recognizable sign, symbol, word, phrase, design, or combination that serves as an identifier of the source of the products or services. Trademark protection provides exclusive rights to owners, allowing them to use the mark in connection with specific goods or services and preventing others from using a similar mark that could cause confusion among consumers.
For example, Nike is a well-known brand that has a trademark for its iconic “swoosh” logo and the word “Nike” itself. This trademark protection allows Nike to establish and protect its brand identity and prevent others from using similar marks that could create confusion in the marketplace. Such distinctive signs for a brand can include logos, brand names, slogans, or even specific product packaging.
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Moreover, Nike’s trademark serves as an identifier of the source of its products, such as athletic footwear, apparel, and related accessories. When consumers see the Nike “swoosh” logo or the word “Nike” on a product, they can instantly recognize it as originating from Nike and associate it with the brand’s reputation, quality, and values.
Trademark protection also plays a crucial role in consumer protection by ensuring that consumers can identify and differentiate between brands in the marketplace. It helps prevent situations where consumers may unknowingly purchase counterfeit or inferior products, thinking they are from the original brand.
A company can also actively enforce its trademark rights to protect its brand from infringement. If another company were to use a similar mark that could create confusion among consumers, the trademark owner has the legal right to take action against the infringing party, seeking remedies such as injunctions, damages, or the cessation of infringing activities. The validity of a trademark registration is 10 years and businesses should apply for renewal six months before its expiry.