We explain the difference between copyright and trademark with table. With the rise of digitization, it is very likely that new innovations will be stolen without the direct authorization of any third party. In the developed world, IPRs are a significant force in global exchange, as well as in the local trade of each country.
Since the advent of digitization, there are strong incentives for the theft of artistic innovations by third parties without proper consent. Two important types of intellectual property are copyrights and trademarks. They are difficult to understand and often confusing.
Literary, artistic, dramatic, musical and dramatic works that are original works of authors protected by copyright and patents will refer to trade names, phrases and graphic representations, product forms and logos of a commercial nature.
Copyright is the exclusive right granted to the author of an artistic work to reproduce the work, usually for a specific period of time, while in the case of the Registered Trademark, the owner can be a person, a business organization, another legal entity, etc.
Comparison table between copyrights and trademarks (in table form)
Copyright trademark comparison parameter
|Law-Law||Copyright Act 1957||Trademarks Act 1999|
|Relevant section||Section 14||Section 2 (1) (zb)|
|Sense||Copyright provides the exclusive right to carry out or allow another person to carry out such actions in relation to (1) original, literary, theatrical, musical and artistic plays, (2) cinematographic films (3) sound recordings.||A trademark is a conspicuous emblem in the form of a term, phrase, product or label attached to commercial items to indicate to the public that they are goods manufactured or marketed by a certain entity as opposed to identical goods. produced or exchanged by other people.|
|Managed by||WIPO (World Intellectual Property Organization)||WIPO (World Intellectual Property Organization)|
|Duration (India)||The life of the author or artist, with sixty years counted from the year following the death of the author.||The registration period for a trademark will be ten years, which may be extended for another ten years after payment of the specified renewal fees.|
|Example||Books, albums, scripts, drawings and copyrights also include the protection of computer software and programs.||Brands like Apple, McDonald’s, product names like iPod, company logos like the golden arches at McDonald’s Slogans like “What’s in your wallet?” From Capital One|
What is copyright?
Copyright is a form of intellectual property that, due to rapid technological advances in the areas of publishing, music, communication, entertainment and the computer sector, has been growing in recent times.
Copyright seeks to allow writers, composers, artists and designers to create original works by encouraging them by granting them the exclusive right for a specified period of time to use the work for commercial gain and by licensing the work.
Almost every country in the world is a member of at least one of the two conventions: the Berne Convention and the Universal Copyright Convention, and India is a member of both conventions and protects the copyright of India.
Copyright Issue: Works In Which Copyright Subsist-Section 13
Copyright subsists only in certain kinds of works.
- Original literary, dramatic, musical and artistic works
- Cinematographic films
- Sound recordings
Sections 22 to 29: deals with the duration of copyright. It establishes that regardless of the nature of the author (that is, natural or artificial person) or the work is anonymous when it is published during the life of the author, it subsists for the life of the author plus sixty years after his death.
When the work is carried out by co-authors, the 60-year period will begin with the death of the last author. In anonymous publications it will be 60 years from the date of publication and if the identity of the author is disclosed, 60 years will begin from the year of the author’s death.
What is a trademark? copyright and trademark
A trademark is a recognizable image, phrase, word, or logo that legally represents and identifies a particular item from all other products of its kind. The exclusive trademark acknowledges the ownership of the brand and acknowledges that only the product belongs to a specific entity.
When licensed, no other company can use the same symbol or set of terms forever as long as it is in use and the proper fees and paperwork are charged.
The Trademark Registry has been established for the purposes of trademark registration, registration management and related matters, and the procedure for trademark registration is mentioned in sections 18 to 24 of the 1999 law.
The duration of a trademark is regulated in articles 25 and 26: if the application for registration after its announcement is decided without opposition in favor of registration, the trademark will be registered from the date of application for registration and the first period Registration is 10 years after that must be renewed from time to time by paying the required fee.
Main differences between copyrights and trademarks opyright and trademark
- Copyright seeks to protect the literary, artistic and dramatic work of writers, while trademarks seek to protect the elements that describe a product’s brand and its identity.
- The right arising from copyright protects against the reproduction of original works and derivatives of the trademark right to use the mark and prevents others from using it.
- The duration is 60 years after the author’s life in copyright and 10 years in trademarks that can be renewed from time to time.
- The copyright and other enforcement are controlled by the Copyright Office; The trademark application is controlled by the general controller of patents, designs and trademarks.
Final Thought copyright and trademark
Both trademarks and copyrights are noteworthy in their own way because they aim to protect the work and the knowledge and skills brought to the work of the creator.
This is because any individual can easily exploit the reputation of a company that has worked hard for a product that can easily be diverted by putting a similar product on the market.
This creates uncertainty among consumers. Only with the help of this law can remedies and corrective measures be regulated.