Delhi IP

Copyright is an exclusive right granted to the creator of creative work. The Copyright is granted in case of literary, artistic, musical work, sound recording and cinematographic films. Copyright is infringed when someone uses the copyrighted work without the consent of the original owner of the work. Section 51 of the Copyright Act provides that the copyright is infringed – When someone does any act, without the permission of the copyright holder, which only the copyright owner is authorized to do. When someone permits someone else to sell, distribute, communicate or exhibit the infringed work on his place When someone imports the infringed products When someone reproduces the copyrighted work without consent from the original owner. When copyright is infringed, the copyright holder can either go for criminal remedies or civil remedies or both. However, it is advised that before initiating the legal proceedings against the infringer, the copyright holder should send Cease and Desist N...

Trademark Trademarks are governed by the Trademarks Act, 1999 ('Act') in India. The Act grants a registered trademark owner exclusive rights to use it and authorizes another entity to use it in return for a payment. A trademark is a word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. Therefore, a trademark protects brands, logos, and slogans. For example - Coca-Cola® for soft drinks. A trademark registration protects the trademark from being registered by others without permission and helps you prevent others from using a trademark that is similar to yours with related goods or services. Trademark helps in branding your products or services and enables your marketing. A trademark: Identifies the source of your goods or services. Provides legal protection for your brand. Helps you guard against counterfeiting and fraud. The protection of your tr...

Registering a trademark or copyright in India provides the businesses and authors with legal protection and enhances commercial potential and supports the enforcement of IP rights. The key benefits of each IP right are: Benefits of Registering a Trademark in India Trademark registration grants the owner exclusive rights over the use of the mark. Such exclusive rights over the use of the mark allows the owner to prevent others from using a same or a similar mark which can cause confusion among members of trade and public. Such unauthorized use of the mark by other parties result in monetary loss and damages the reputation of the owner's business if the goods or services provided by the infringing party are of inferior quality. Registration of a trademark provides the trademark owner with a right to enforce the trademark rights through legal proceedings in case of infringement.