Copyright, registrations and patents in India | Unilex

Copyright, registrations and patents

Industrial Property is understood as a set of exclusive rights that protect both the innovative activity manifested in new products, new procedures or new designs and commercial activity, through the exclusive identification of products and services offered in the market. The main benefit obtained from the registration of a trademark is that it gives the company the exclusive right to prevent third parties from marketing identical or similar products with the same trademark or using a trademark that is so similar as to create confusion. In addition, once the trademark is registered, a license can be granted on it to other companies, which would represent an additional source of income. Brands can also be subject to franchise agreements.

On the other hand, the registration of an industrial design adds value to the product; in addition, the exclusive rights to prevent its reproduction or unauthorized imitation by third parties are obtained. It is necessary to take into account the difference between the commercial name and the company name. This is granted by the Mercantile Registry and identifies the company in commercial traffic as the subject of legal relationships. The business name may coincide with the corporate name of an entity or a different capricious expression may be chosen. It is also possible that the same company uses different trade names, each one destined to a different activity sector. Both modalities can be part of the corporate identity of a company, which can also make use of the domain name registration, which is the address of a company on the Internet.



A Trademark is a title that grants the exclusive right to the use of a sign for the identification of a product or a service in the market. Brands can be words or combinations of words, images, figures, symbols, graphics, letters, and figures, three-dimensional shapes (packaging, packaging, product forms or their representation).

Brand types

DENOMINATIONS: the arbitrary or fantasy denominations.

GRAPHICS: graphic symbols, logos, drawings, etc.

MIXED: The combination of word and graphic elements.

THREE-DIMENSIONAL: the containers and wrappings, the shape of the product etc.

SOUND: Provided that those sounds in which the brand consists can be represented graphically.

You should check the nice classification to know the classes corresponding to the products and/or services you want to protect.

Trade name

The commercial name is the sign or denomination that identifies a company in commercial traffic and that serves to distinguish it from other companies that carry out identical or similar activities. The commercial name is, therefore, a distinctive sign. Its function is to differentiate and individualize a company in commercial traffic and distinguish it from other companies that carry out identical or similar activities; It has an important function because it serves to channel the customers themselves.


Copyright or copyright is legal norms that are responsible for maintaining a balance between moral and patrimonial rights granted by the law or the State to authors.

A moral right has two aspects:

The right to recognition of authorship

The right to keep the work as it is, deny the authorization to make any modification.

The public domain is when the works are able to be used by any person, they become public, because the patrimonial right is no longer valid, in this way any person can make use of them, modify them and even change them completely according to your needs and preferences. Among the materials that cannot be protected by copyright are:

Works that have not been recorded or embodied in a tangible expression.

Short phrases, titles, names and slogans.

Procedures, ideas, methods or techniques.

Regulations or laws may be published but their exclusivity cannot be maintained.

Classes of copyright

Patrimonial rights: are those rights that allow the exploitation of the work until a determined period from the death of the author, after that time the work becomes public domain.

Moral rights: those linked to the author permanently and cannot be removed.

Related Rights: are those that protect people other than the author.

Reproduction rights: legal basis that allows the author to prevent third parties or people outside the work from copying it.

Right of public communication: is when the author authorizes a theatrical or musical performance.

The right of translation: to publish or reproduce a translated work, permission must be sought from the owner of the copyright of that work in the original language.


A registry is a means of information and protection of the author to establish a proof of authorship prior to the dissemination of the work. It is also the set of patrimonial rights that the State gives for a certain time and its purpose is the annotation of the author's rights. The registry is given to those who really invent something, be new to society and nobody has done it before.

What is a reservation of rights?

It is the power to exploit and use exclusivity of titles, denominations, etc. The diffusions or periodicals, fictitious characters or characterization of advertising promotions, among others, may be reserved for rights. The duration of the reservation of copyright will be 1 year from the date of issue.


The word patent comes from the Latin "patens" which means "to be open" or "discovered".

It is a right that the government gives to an inventor; this right allows third parties not to use what they patented.

The author or the owner is the only one who can make use of the technology of the patent or the only one to authorize third parties to implement it under certain conditions.

According to the rules of the TRIPS (Agreement on Aspects of Intellectual Property Rights), the patent will be valid for a limited time, usually 20 years, after those twenty years anyone can make use of what was patented.

Benefits of patents

Avoid plagiarism (the copy) of inventions

Boosts the creativity of the inventor

If the patent is good, the author benefits from the licenses he decides to grant to third parties

The government encourages the creation and development of the industry

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