startup-cell@telangana.gov.in
Intellectual property (IP) refers to intangible creations of human intellect , such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce .
The owners of the IP are provided creatorâs protection for their original works, product, development, and artistic creations. The most recognized types are Copyrights, Patents, Trademarks, Design and Trade secrets.
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. A copyright protects the expression of an idea, but not the idea itself. The owner of a copyrighted work has the right to reproduce it, to make derivative works from it (such as a movie based on a book), or to sell, perform or display the work to the public. You don't need to register your material to hold a copyright, but registration is a prerequisite if you decide to sue for copyright infringement.
Patent is an exclusive right granted for an invention. Patent gives the legal right to exclude anyone else from manufacturing or marketing your unique tangible product. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document. Once you hold a patent, others can seek to license your product. In India the life of a Patent is 20 years.
A Trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademark is, generally speaking, the good will or good name of a company. Trademark is a word, name, phrase, sound or symbol or a combination of any of these used in association with services or products. Trademarks date back to ancient times when artisans used to put their signature or "mark" on their products.Trademark protection lasts for 10 years after registration and can be renewed in perpetuity.
An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. The duration of the registration of a design is initially ten years from the date of registration. This initial period of registration may be extended further for a period of 5 years.
Geographical indications are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breederâs Rights (PBRs). PBRs are intellectual property rights that provide exclusive rights to a breeder of the registered variety.
Trade secrets are IP rights on confidential information which may be sold or licensed. The secret may be a formula for a chemical compound; a process of manufacturing, treating, or preserving materials; a pattern for a machine or other device; or a list of customers. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.
 In India different IPR protections are governed by the following laws:
Many Startups are focusing on developing products & solutions based on innovative technology by forming an integral part of Telanganaâs growth. Sometimes this can lead to plagiarising or theft of technology by the competitors of a few business firms. In such scenarios, âHow can you protect your new innovation?â or âWhat can you do if your work is copied by another firm?
IP for Startup will provide guidelines in registering and protecting your Intellectual Property Rights.
Whatâs in for Startups for IP filling
Incentives to the startups in IP filing:
Patent Filing Cost:
The incubated startup companies are subjected for reimbursement with a limit of Rs. 2 lakh (0.2 million) per Indian patent & upto Rs. 10 lakh (1 Million) for foreign patents, towards the cost of filing and prosecution of patent application. The reimbursement will be released in 2 stages, i.e., 50% after the patent is filed and 50% after the patent is granted.Â
The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT.
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.Â
An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
An invention is patentable subject matter if it meets the following criteria âÂ
An application for a patent can be filed at the earliest possible date and should not be delayed. Delay in filing an application may give rise to some risks such as
No, because such publication or display destroys the novelty of the invention.
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have a monopoly right on it.
Avoid adopting word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if the similar mark is used in market as well as Trademarks database search to ascertain that same/similar mark has not been applied for or registered by anyone else.
The registration of a trademark confers upon the owner the exclusive right to use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol ÂŪ and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
is used to indicate that the trademark is unregistered but this mark is used for promoting goods. can be used even for trademarks for which registration is not applied to claim use over it.
is used to represent a registered trademark/ service mark that provides the applicant complete ownership and legal rights over the trademark/ service mark.
No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.
Yes, a registered trademark can be removed on the basis of non use. Except as excused in clause 3 of section 47 of trademarks act, 1999, a trade mark may be removed on the ground of non-use if:
In case you wish to carry out your own search (identical as well as similarity), following are the recommended steps for the same:
At the first step, you may check your markâs availability on a free government portal using the following steps:
a) Go to the government search portal:Â
http://ipindiaservices.gov.in/tmrpublicsearch/frmmain.aspx
b) Select the relevant class of search from a list of 45 different business classes listed here:http://164.100.176.38/tmrpublicsearch/classfication_goods_service.html  Â
For Wordmark:
Search using the âContainâ in the drop-down instead of âStart Withâ to have a broader search.
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For Logo:
The Copyright Act protects original literary, dramatic, musical or artistic works, cinematograph films and sound recordings. In addition, the Copyright Act protects broadcast reproduction rights and performers rights.
No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
Yes. Both published and unpublished works can be registered.
Yes. Computer Software or programme can be registered as a âliterary workâ. As per Section 2 (o) of the Copyright Act, 1957 "literary work" includes computer programmes, tables and compilations, including computer databases. âSource Codeâ and "Object Code" have also to be supplied along with the application for registration of copyright for software products.
Website as a whole are not subject to copyright protection. Generally, non-copyrightable content particular to websites may include but are not limited to ideas or future plans of websites, functional elements of websites, unclaimable material, layout and format or âlook and feelâ of a website or its webpage; or other common, unoriginal material such as names, icons or familiar symbols.
Applicants are required to submit a separate application for each component work/content appearing on a website.
An App is a complete, self-contained computer program that is designed to perform specific tasks. Usually called 'Apps' for short, application programs are the most familiar forms of software and come in a very wide variety of types. An App usually has primarily dynamic content and is designed for user interaction. It may be used directly or indirectly in a computer or hand held electronic device.
An App may be registered as a computer program under literary works as provided under Section 2(o) of the Copyright Act, 1957. For this purpose, an applicant is required to submit an application for registration under software category, accompanied by the source and object code as provided under Rule 70 (5) of the Copyright Rules 2013.
It is important to note that the registration will cover any screen displays generated by that program, provided that the computer program (code) generating the screen display is submitted by the applicant. Mere snapshots of screen displays of an app are not eligible for copyright protection.
The purpose of registration of Designs is to protect new or original designs so created to be applied or applicable to a particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates, only the first application will be considered for registration of design.
No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it.
Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court in order to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000.
The Patent Office does not become involved with any issue relating to enforcement of right accrued by registration. Similarly The Patent Office does not involve itself with any issue relating to exploitation or commercialization of the registered design.
