Following us the guide for Principles of Intellectual Property:
Patents
Through patents, one protects their inventions. The inventions should be:
- first or new
- invented through the inventive step, and
- having the ability of industrial application.
Some ideas cannot be patented. The protection won’t arise automatically; you need to apply to Intellectual Property Office to take the privilege.
Suppose an inventor announces his or her invention one day before without filling up his or her application, the invention will be in the domain of the public before the application is made. Therefore, the inventor can’t gain patent protection for it. Therefore, you should apply for Intellectual Property as early as possible before declaring it in public.
If the patent of an inventor is granted, he or she will have the protection for the next 20 years.
Design
The right of design fall on the shape of the item, color, contours, ornamentation, and materials used.
Designs fall under three types of protection:
- registered design rights
- unregistered design rights
- copyrights
Copyright
Works of the following categories fall under copyright protection:
- original artistic works, drama, literary or music
- recording of sound, broadcasts, or films
- Editions that are published, their typographical arrangements
Trademarks
In a certain manner, many businesses represent their name. The name of your business is safe if you register it with IPO.
When registered in the IPO, you will have exclusive rights on using your mark for the goods and services. Your competitors won’t be able to use your mark or a similar mark if you don’t permit them.
Passing Off
This right arises when anyone else is taking the benefit from the goodwill of your business. To succeed in such kind of actions, you will need to show:
- it is your reputation for your goods and services that gave you the goodwill
- a misrepresentation has been made by the other party while trading that made the public believe that goods and services offered by others are actually yours
- consequential damages have been suffered or are going to suffer by your business
