COPYRIGHT vs. TRADEMARK vs. PATENT

Presented By:

SMITA SHUKLA

Assistant Professor

APIIT,S.D. India.

COPYRIGHT vs. TRADEMARK vs. PATENT

• Some people confuse patents, copyrights, andtrademarks. Although there may be some similaritiesamong these kinds of intellectual propertyprotection, they are different and serve differentpurposes.

What Is a Copyright?

Copyright is a form of protection provided to the authors of"original works of authorship" including literary, dramatic,musical, artistic, and certain other intellectual works, bothpublished and unpublished.

• The copyright protects the form of expression rather than the subject matter of the writing.

• For example, a description of a machine could be copyrighted, but this would only prevent others from copying the description;

• it would not prevent others from writing a description of their own or from making and using the machine. Copyrights are registered by the Copyright Office of the Library of Congress.

What Is a Trademark?

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.

A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

• Trademark rights may be used to prevent others from using a confusingly similar mark,

• But not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

• Trademarks which are used in interstate or foreign commerce may be registered with the patent and trademark office.

What Is a Patent?

• A patent is a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission.

• A patentable invention can be a product or a process that gives a new technical solution to a problem. It can also be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work.

• Once it is granted, its term of a patent is 20 years from the Date of Filing, subject to the payment of annual renewal fees.

The benefits of registering a patentOnce you register a patent, apart from using the patent toprevent others from exploiting your invention, you canemploy it to raise funds for your business, license it to thirdparties for commercial returns or sell the patented invention.

What is the difference between a Patent, Trademark and Copyright?

• A patent protects an invention and innovations or improvements thereon by providing the inventor with a set of exclusive rights which prevent others from making, using, offering for sale, or selling the invention without the consent of the inventor.

• An idea in itself can not be patented. The idea must be materialized into an invention, innovative product, device or process that offers new solutions to a problem in order for the registrant to be able to seek the patent.

• Patents protect products in the fields of machinery, manufacturing, composition of matter (a combination of chemicals), and processes (methods of manufacturing).

• A trademark protects an owner’s right to exclusively useimages, logos, phrases or words used to distinguish aparticular good or service in the market.

Copyrights protect works of authorship and cover:

• a) works of art (2 or 3 dimensional),

• b) photos, pictures, graphic designs, drawings and other formsof images;

• c) songs, music and sound recordings of all kinds;

• d) books, manuscripts, publications and other written works;and

• e) plays, movies, shows, and other performance arts.

How long does patent, trademark or copyright protection last?

• A U.S. utility patent, is generally granted for 20 years from thedate the patent application is filed; however, periodic fees arerequired to maintain the enforceability of the patent.

• A design patent is generally granted protection for 14years measured from the date the design patent is granted.

• A U.S. trademark generally lasts as long as the trademark isused in commerce and defended against infringement.

Excise Duty

• Central Excise duty is an indirect tax levied on those goods which are manufactured in India and are meant for home consumption.

• The taxable event is 'manufacture' and the liability of central excise duty arises as soon as the goods are manufactured. It is a tax on manufacturing, which is paid by a manufacturer, who passes its incidence on to the customers.

• The Central Excise Rules provide that every personwho produces or manufactures any 'excisable goods',or who stores such goods in a warehouse, shall paythe duty leviable on such goods in the mannerprovided in rules or under any other law.

• No excisable goods, on which any duty is payable,shall be 'removed' without payment of duty from anyplace, where they are produced or manufactured, orfrom a warehouse, unless otherwise provided.

What is ModVat?

• Value Added Tax (VAT) and Modified VAT (Modvat) are quite similar in many aspects. Both are designed as incremental, indirect consumption taxes on products and services, both offer provisions for the avoidance of double taxation and harsh export restrictions.