Protection of Intellectual property repeatedly remains un-noticed by the businessmen. Very few businessmen or start-up owners understand the importance of safeguarding their Intellectual Property in the long run. It is therefore highly essential for a business owner, a startup owner, a creative person to have clarity about the Trademark, Copyright.
Trademark: A trademark is a symbol, logo, design, word, phrase, colour, sound or a combination of these which is used for the purpose of trading goods or providing services. It indicates the source of goods and services and distinguishes them from the goods and services of others. It provides individuality of rights to the use of a trademark about the product or service.
Procedure for Registration of Trademark:-
Documents can be filed by a person or through his duly authorised agent to the appropriate office of the trademark registry. The Registry must be in the territorial jurisdiction where the business is located. Documents must be a filed at the office personally through registered post Ad or by submitting Documents on their official website.
Documents must be a filed in Hindi or English; it must be handwritten or typed. It should contain the explicit information/contents of the business, i.e. Name, the address for service of person, details, and grounds, etc.
Types of Trademark;
• Product Trademark
• Service Trademark
• Collection Trademark
• Certification Trademark
Section 134 of the Trademark Act, 1999:
Suit for infringement/breach/violation, etc., to be instituted before District Court.—
(1) No suit—
(a) for the infringement of a registered trademark; or
(b) relating to any right in a registered trademark; or
(c) for passing off arising out of the use by the defendant of any trademark which is identical with or deceptively similar to the plaintiff's trademark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.
(2) For the purpose of clauses (a) and (b) of sub-section (1), a "District Court having jurisdiction" shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a District Court within the local limits of whose jurisdiction, at the time of the institution of the suit or another proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain. Explanation —For the purposes of sub-section (2), "person" includes the registered proprietor and the registered user.
Copyright: Copyright is a right given to the creators of literary, dramatic, musical and several other works of the intellect. It usually means that only the creator has the right to make copies of his or her actions or prevents others from making copies. The central idea behind such protection is the premise that innovations require incentives. Copyright recognises this need and gives it a legal sanction. Copyright protects all of them.
Section 62 of the Copyright Act, 1957:
Jurisdiction of court for matters arising:
(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.
(2) For the purpose of sub-section (1), a “district court having jurisdiction” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.
The Copyright Act, 1957 gives the rights, procedure, authorities established and relief modes under copyrights. It lays down a definition of copyright and states the types of works preserved under this law, i.e. literary works, dramatic works, artistic works, musical works, cinematograph films, and sound recordings.