Your artistic creation is very valuable. Whether you are making art, technological advancements or discoveries – you are investing money, time and effort into the production of something very valuable to you and others. Yet, if competitors can have the opportunity to gain from your creations without putting in anything, your efforts can go to waste. This is why, safeguarding your intellectual property rights is the initial step to increasing the benefits of your creative work.
The legalities of protection vary. In some cases, like patents and trademarks, your work requires registration for protection. Others, which are subject to copyrights, do not need registration to be safeguarded. It is important to understand that demonstrating protected status without legal protection can be difficult, both in the USA and India.
An Important Determination
There are three different types of protection available which depend on the type of intellectual property being protected. All the forms of protection apply to different type of property, and each form of protection comes with a distinctive set of rights and application procedure. Understanding which is which is key to obtaining enforceable and complete protection.
Copyright: Copyrights safeguard unique creative works. Everything that represents an artistic expression can be included – and thus can be protected with a copyright. Films, novels, musical compositions, paintings are evident examples of copyrightable material. Yet, there are several non-obvious materials that fall under this caption – such as websites, sound recordings, newspaper articles, advertising copy, databases, and certain forms of software code.
Copyrights afford somewhat restricted protections, equalised against the longest period of protection. Copyrighted materials are less likely to be limited or nationalised by the government, since their public utility is viewed as quite low.
Trademarks: The symbols, words, and phrases used to represent a company or product are protected by the establishment of trademarks. Trademarks prevent the reproduction or competing products from being confused for the products of the trademark holder.
Trademarks afford restricted protections, strictly restricted to explicit commercial uses. Trademarks are also restricted to avoid deceptive symbols, national symbols, or generic market descriptors. Materials which are trademarked are unlikely to be limited or nationalised by the government, as their public utility is viewed as negligible.
Patent: Protection of scientific advancements and useful devices is with the implementation of patents. Patent protection can be used for inventions, certain types of software, and technology, including formats, layouts, and other aspects of design. Machines, drugs and scientific processes are also part of the list.
Patented materials have a high probability to be limited or nationalised by the government in the public interest, since the public utility would generally be quite high. Patents provide the most protections of all, balanced against a shorter period of protection.
We Can Help!
Going through the process of registration of copyrights unaided can prove difficult without experienced legal advice. But we are here to help.
At Kashyap and Kashyap, we can help with the process of applying for the right copyright for you. Whether for a composition, software, novel, film, database, or any other creative work. We provide complete consultation services for specific problems, as well as, overall legal services.
Our offices use only the most selected and qualified corporate lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.