User talk:Copyrightagent

Copyright and related issues

Copyright protects the expression of an idea. It protects the original creative works of artists, authors, and musicians from unauthorized copying and use by others. Books, music, sculpture, choreography, and jewelry design are examples of creative expression that can be copyrighted. Copyright laws encourage creativity and intellectual pursuits by allowing artists to profit from their creations.Copyright is a right of reproduction, which excludes others from reproducing literary, artistic, dramatic, musical and other works, including computer programs, photographs, recordings (audio/ visual) films and other electronically disseminated information as well as sculptures, engravings and drawings.Now in India "Computer Program" can also obtain copyright Registration "Computer Program" means a set of instructions expressed in words, codes, schemes or in any other form,including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result.

DURATION The registration of copyright remains in force for a period of author's lifetime and for a further period of 60 years after his/her death. No renewal is needed

Registering indigenous designs

A design of an article may be registered if the feature of shape, configuration, pattern or ornament given to an article by any industrial process or means, whether manual, mechanical or chemical, separate or combine manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judge solely by the eye. The principle or the mode of construction of the article or mere mechanical contrivance cannot be registered as designs. Trade Marks and Trade Names are also excluded from the scope of design.

DURATION After a design is registered the proprietor of the design is supplied with a certificate of copyright. The copyright is for the period of five years from the date of registration (which is the date of application) which may be further extended for second and third period of five years on payment of prescribed fee on each occasion. Such application should be made before the expire of the original or extended term, i.e. before the copyright in a design ceases.

COPYRIGHT IN REGISTERED DESIGNS

When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration. Patent Cooperation Treaty (PCT)

Patent Cooperation Treaty (PCT) offers you to protect your inventions abroad. The PCT was concluded in 1970, amended in 1979, and modified in 1984 and 2001. The PCT is Multinational Treaty, administrated by the International Bureau of the World Intellectual Property Organization (WIPO), whose headquarters are in Geneva (Switzerland).

The PCT filing facility provides you to protect your invention with effect in several States, instead of filing several separate National and or regional Patents.

The Treaty makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an "international" patent application. Such an application may be filed by anyone who is a national or resident of a Contracting State (132 Contracting States). It may generally be filed with the national patent office of the Contracting State of which the applicant is a national or resident or, at the applicant's option, with the International Bureau of WIPO in Geneva. Patent and inventions that are patentable

A patent protects the application of an idea. If an inventor creates a new, non obvious and useful machine, chemical, or process; or a new and non obvious design or plant; and gets a patent, others are excluded from exploiting the invention for a period of prescribed time. The inventor can en cash the profit from the invention. Patents are granted for useful items and processes, such as drugs, machines, and new compositions of material.

WHAT INVENTIONS ARE PATENTABLE :-No patent will be granted in respect of an invention relating to atomic energy falling under the Atomic Energy Act, 1962.Invention, in respect of which only methods or process for manufacture are patentable are as follows :

In the case of invention –

(a) claiming substances intended for use or capable of being used, as food or as medicine or drug; or

(b) relating to substances prepared or produced by chemical process (including alloys, optical glass, semiconductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture shall be patentable. It may be noted that the said claims should relate to a single method of process of manufacture. All you wanted to know about trademark and related issues

A trade mark popularly known as brand name, is an identification symbol which may be a word, a device, a label or numeral etc. or a combination thereof used in the course of trade to enable the purchasing public to distinguish one trader’s goods from similar goods or other traders.

What is a Service Mark ? It is the same sort of mark as trade mark but applies to services rather than goods.

How is registration obtained in India ? By filing an application in the prescribed form with fees in one of the five office of the Trade Mark Registry located at Bombay, Madras, Delhi, Kolkata and Ahmedabad depending on the place where the applicant resides or has his principal place of business. The application is examined to ascertain whether it is distinctive and does not conflict with existing registered or pending trade marks and examination report issued. If it is accepted and advertised in the Trade Marks Journal to allow other to opposition or if the opposition is decided in favour of the applicant then the mark is registered and a certificate of registration is issued.