Intellectual Property rights is a collection of creations and innovations of the human mind, which can be protected legally.
Intellectual property rights, or what is known as (Intellectual Property rights), are several rights that protect human creativity and innovations in several fields such as science, industry, literature, trademarks, and trade secrets.
Why are intellectual property rights important for business?
The benefit of IP rights for a business is to ensure that your brand is legally protected by:
- The biggest benefit of intellectual property rights is the protection of both the products and services your business offers.
- Enhances product and brand value in the market.
- Distinguish your products, services, and brand in the market.
- It avoids you and all merchants the risk of using rights owned by others.
- Helps promote the development of commercial activities.
How do you protect your business’s intellectual property rights?
You can register trademarks, trade secrets, and patents as intellectual property rights to be yours, and other people may be subject to penalties if they are used without a license.
What is the Intellectual Property Rights Authority?
It is a body that works to protect and regulate many unique ideas and innovations in many fields such as arts, science, industry, and literature based on global protection rules. It also contributes to raising awareness of the importance of protecting intellectual property rights in India because of its significant impact on the development of the economy.
To protect these ideas, the Authority has created many rules and regulations, which stipulate how to protect unique information and innovations, in addition to clarifying the penalties.
What is a brand?
A Brand or trademark is a specific sign or symbol used to distinguish services and goods from competing products in the market. The trademark includes symbols, images, and logos. This trademark can be assigned or licensed to be used by submitting a request to the Intellectual Property Rights Authority.
What are trade secrets?
Trade secrets are one of the types of intellectual property that must be protected. They are any confidential information related to a commercial activity that can be sold or licensed to be used if the owner of the secret authorizes others to access it. (Like the secret recipe for Coca-Cola).
What is a patent?
It is a privilege granted to inventions (which may be products), which gives the legal right to its owner to prevent others from making, using, or selling a specific invention for a limited period of time. In exchange for this privilege, the right owner must disclose the technical details of the invention to the public.
What are the terms of intellectual property rights?
Conditions for registering a trademark:
- The brand must be unique and not identical to any other brand in the market.
- The trademark must not violate Indian law or public morals.
- The trademark must be registered in English.
- To learn more about the conditions for registering a trademark, read the following blog: Everything you need to know about registering a trademark.
Conditions for registering trade secrets:
- The trade secret must be known among a limited group of people.
- These secrets must have commercial value because they are extremely secret.
- Right holders must take strict measures to preserve data, such as signing agreements between partners aimed at preserving trade secrets.
Conditions for granting a patent:
- The invention must be unique, based on a new innovative idea, and capable of being manufactured.
- The idea of the invention must not violate the teachings of the Indian religion or public morals.
Who Can Apply for (IPR) Registration in India
IPR registration in India can be applied for by any of the following individuals or entities:
- The original author, inventor, or proprietor of the creative work or invention.
- Any person authorized by the original author, inventor, or proprietor to make the application (authorized agent or representative), or their legal representative in case the original author is deceased.
- Any person to whom the rights related to the creative work or invention have been transferred by the original author or inventor (referred to as an assignee).
Required Documents for IPR Registration in India
To apply for IPR registration in India, the following documents are required:
- Details of the applicant and the applicant’s business entity, along with proof of identification where applicable.
- Details of the work that requires protection under intellectual property laws, including either provisional or complete specifications.
- Copies of the original work, both in hard copy and soft copy formats where applicable.
- Drawings of the work, especially in the case of a patent application.
- An undertaking or declaration copy signed by the applicant, particularly in the case of copyright registration.
- Information about the class or subclass under which the registration is being sought by the applicant, especially in the case of a trademark application.”
Procedure for Intellectual Property Rights Registration in India
In addition to safeguarding IPR laws, the registration of intellectual property creations in India offers several advantages. It provides a distinctive identity through public notice, enables monetization of creations, and grants the owner the legal right to take action in case of unauthorized use. Failing to register means foregoing protection and legal rights, as IPR laws protect the expression of creative ideas or inventions rather than the ideas themselves. There are two methods for IPR registration in India:
Methods of IPR Registration in India:
- Offline Registration: Individuals or proprietors can choose between offline and online IPR registration in India. For offline registration, applicants need to download the registration form from the IPR portal, complete it with necessary attachments and fees, and submit it to the regional IPR office.
- Online Process Registration: The Indian government has simplified the process of IPR registration and renewal online. Here’s a step-by-step guide for online registration:
Step 1 – Preliminary Search:
Before applying for IPR registration in India, applicants should conduct preliminary research to check if their proposed intellectual property is already registered or in the process. Conducting trademark searches or patent research can help create a unique intellectual property and expedite the process.
Step 2 – Application Form:
Access the online portal for registration (https://ipindiaonline.gov.in/eregister/eregister.aspx) for Trademark, Patent, Designs, and Geographical Indications, or (https://copyright.gov.in/UserRegistration/frmLoginPage.aspx) for copyright registration in India. Create a user ID and password, then fill out the application form with the required details and pay the application fee.
Step 3 – Examination by the Examiner:
Once the application is received, an examiner will conduct a preliminary evaluation to identify any discrepancies or errors and communicate them via email. After rectification, the examiner will publish the application in the official journal of IPR to invite objections.
Step 4 – Objections and Publication:
If third parties raise objections, the examiner will note them and inform the applicant. A hearing may be held. If objections are satisfactorily resolved, the application will be published as “Accepted” in the official journal within three months. If not, the examiner may reject the application, or the applicant can withdraw it.
Step 5 – Opposition:
After publication in the journal, any IPR owner or inventor may file a notice of opposition within three months, citing that the creative work is too similar to their intellectual property. The examiner may conduct a hearing or seek a counter-claim from the applicant. Failure to submit a counter-claim results in withdrawal, while a successful counter-claim leads to registration.
Step 6 – Registration Certificate:
Upon acceptance, the Registrar enters IPR details in the register, including the owner’s information. A Registration Certificate is issued, which the owner can download from the online portal.
Timeframes, Validity, and Government Fees for Registration:
Category of IPR | Government Fees | Processing Period | Validity Trademark Registration
- Individual/start-up/small scale business: Rs. 5,000 (Physical), Rs. 4,500 (e-filing)
- Others: Rs. 10,000 (Physical), Rs. 9,500 (e-filing)
- 18-24 months processing time
- Valid for 10 years Copyright Registration: Rs. 5,000/- per work (for certain categories)
- 45-60 days processing time
- Valid for 60 years from the date of registration Designs Registration
- Individual/start-up/small scale business: Rs. 1,000
- Others: Rs. 4,000
- 3-6 months processing time
- Valid for 10 years from the date of registration Patent Registration
- Individual/start-up/small scale business: Rs. 1,750 (Physical), Rs. 1,600 (e-filing)
- Others: Rs. 8,000 (Physical), Rs. 8,800 (e-filing)
- 2-3 years processing time (normal process), 1-1.5 years (expedited process)
- Valid for 20 years from the date of application filing Geographical Indication Registration: Rs. 5,000
- 6 months-1 year processing time
- Valid for 10 years”
