Trademarks and Copyrights Law

Trademarks and Copyrights are distinct forms of intellectual property protection. Trademarks protect brand identifiers such as logos, symbols, phrases, and brand names that distinguish goods and services from one entity from those of another. The core purpose of a trademark is to prevent confusion among consumers by ensuring that they can identify the source of a product or service, thereby supporting brand recognition and loyalty. Copyrights, on the other hand, protect original works of authorship including literary, musical, dramatic, and artistic works, such as novels, movies, songs, paintings, and software. Copyright aims to encourage creativity by giving creators exclusive rights to use, distribute, and modify their works for a specified period. While trademarks can potentially last indefinitely, provided they are in use and defended against infringement, copyrights typically have a limited duration, which in many jurisdictions extends for the life of the author plus a certain number of years, usually 50 to 70.

India’s legal framework for the protection of trademarks and copyrights is robust, aligning with international standards to ensure the protection of intellectual property rights.

Trademarks Law in India:

• Governing Law:

The primary legislation governing trademarks in India is the Trademarks Act, 1999, which replaced the earlier Trademarks and Merchandise Act, 1958. The 1999 Act is designed to comply with the obligations under the TRIPS Agreement and provides for the registration, protection, and transfer of trademarks.

Key Features:

1. Registration:

While not mandatory, registration of a trademark provides legal certainty and reinforces the rights of the owner against unauthorized use. The process includes filing an application, examination by the Trademarks Office, publication in the Trademarks Journal, opposition (if any), and finally, registration.

2. Protection Period:

A registered trademark is protected for ten years from the date of registration and can be renewed indefinitely, every ten years.

3. Infringement and Remedies

Trademark infringement occurs when a trademark that is identical or deceptively similar to a registered trademark is used by an unauthorized party, in relation to goods or services for which the trademark is registered, leading to confusion among the public. The Trademarks Act provides for civil remedies such as injunctions, damages, or accounts of profits, along with criminal sanctions for infringement and counterfeiting.

4. Well–known Trademarks:

The Act also provides special protection to well-known trademarks against the use of such marks on dissimilar products or services, recognizing their reputation and the potential for misuse.

Copyrights Law in India:

• Governing Law:

The Copyright Act, 1957, is the principal law governing copyright in India, amended last in 2012 to address digital rights and piracy more effectively. It protects original literary, dramatic, musical, artistic works, cinematograph films, and sound recordings.

Key Features:

• Automatic Protection:

Copyright protection in India is automatic and does not require registration. However, registration serves as prima facie evidence in a court of law in the case of disputes.

• Term of Protection:

The duration of copyright protection varies: the lifetime of the author plus 60 years for literary, dramatic, musical, or artistic works; 60 years from publication for cinematograph films and sound recordings; and 60 years from the year of publication for posthumous publications, anonymous publications, and works of public undertakings.

• Rights Granted:

Copyright provides the creator with exclusive rights to reproduce the work, communicate it to the public, perform it in public, and make adaptations and translations of the work.

• Infringement and Remedies:

Copyright infringement involves unauthorized use of the copyrighted work. Remedies for infringement include injunctions, damages, and the seizure of infringing copies. The Act also provides for criminal penalties for infringement and piracy.

• Fair Use:

The Copyright Act allows for certain uses of copyrighted material without the need for permission from the copyright owner, under the doctrine of fair use. This includes uses for criticism, review, research, teaching, and reporting.

International Conventions

India is a signatory to several international conventions on intellectual property rights, including the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These memberships commit India to maintain its laws in accordance with international standards and practices.