Patent , under the Act, is a grant from the Government to the inventor for a limited period of time, the exclusive right to make use, exercise and vend his invention. After the expiry of the duration of patent, anybody can make use of the invention.
Invention means any new and useful
a) art, process, method or manner of manufacture
b) machine, apparatus or other article
c) substance produced by manufacture
and includes any new and useful improvement of any of them, and alleged invention
Therefore an invention is the creation of intellect applied to capital and labour, to produce something new and useful. Such creation becomes the exclusive property of the inventor on grant of patent
In a compulsory license, a government forces the holder of a patent, copyright, or other exclusive right to grant use to the state or others. Usually, the holder does receive some royalties, either set by law or determined through some form of arbitration.
Indian Patent Act allows any interested person after expiry of 3 years from grant of patent even though if he is a license under the patent, may make an application to the Controller for grant of compulsory license
Copyright is a form of intellectual property which gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain.
e.g. Books, lectures, dramatic and musical works, choreography, cinematography, drawings, paintings, architecture, sculpture, photographs, illustrations, maps, plans sketches etc.
India’s context :Copyright Act ,1997
Copyright arises the moment a person creates a work
Copying or reproduction of copyrighted material is prohibited
Copyright holder can prosecute a person making unauthorized use
Distinctive symbols, signs, logos that help consumer to distinguish between competing goods or services
A trade name is the name of an enterprise which individualizes the enterprise in consumer’s mind
Legally not linked to quality. In fact, linked in consumer’s mind to quality expectation
Trade mark has a life of 7 years but can be renewed indefinitely.
Geographical Indications : It identifies a good as originating in the territory of a member, where a given quality , reputation or other characteristics of the good is essentially attributable to its geographical origin
Industrial design : Industrial design are ornamental features of a product such as shapes, design, lines, motifs or colours. The duration of protection is to be not less than 10 years.