COPYRIGHT,PATENT AND TRADEMARK

1. COPYRIGHT vs. TRADEMARK vs.
PATENT
Presented By:
SMITA SHUKLA
Assistant Professor
APIIT,S.D. India.

2. COPYRIGHT vs. TRADEMARK vs. PATENT
• Some people confuse patents, copyrights, and
trademarks. Although there may be some similarities
among these kinds of intellectual property
protection, they are different and serve different
purposes.
What Is a Copyright?
Copyright is a form of protection provided to the authors of
"original works of authorship" including literary, dramatic,
musical, artistic, and certain other intellectual works, both
published and unpublished.

3. • The copyright protects the form of expression rather than the
subject matter of the writing.
• For example, a description of a machine could be copyrighted,
but this would only prevent others from copying the
description;
• it would not prevent others from writing a description of
their own or from making and using the machine. Copyrights
are registered by the Copyright Office of the Library of
Congress.

4. What Is a Trademark?
 A trademark is a word, name, symbol or device which is used
in trade with goods to indicate the source of the goods and to
distinguish them from the goods of others.
 A servicemark is the same as a trademark except that it
identifies and distinguishes the source of a service rather than
a product. The terms "trademark" and "mark" are commonly
used to refer to both trademarks and servicemarks.

5. • Trademark rights may be used to prevent others from using a
confusingly similar mark,
• But not to prevent others from making the same goods or from
selling the same goods or services under a clearly different mark.
• Trademarks which are used in interstate or foreign commerce may
be registered with the patent and trademark office.

6. What Is a Patent?
• A patent is a right granted to the owner of an
invention that prevents others from making, using,
importing or selling the invention without his permission.
• A patentable invention can be a product or a process that
gives a new technical solution to a problem. It can also
be a new method of doing things, the composition of a
new product, or a technical improvement on how certain
objects work.
• Once it is granted, its term of a patent is 20 years from
the Date of Filing, subject to the payment of annual
renewal fees.

7.  The benefits of registering a patent
Once you register a patent, apart from using the patent to
prevent others from exploiting your invention, you can
employ it to raise funds for your business, license it to third
parties for commercial returns or sell the patented invention.

8. What is the difference between a Patent,
Trademark and Copyright?
• A patent protects an invention and innovations or
improvements thereon by providing the inventor with a set
of exclusive rights which prevent others from making,
using, offering for sale, or selling the invention without the
consent of the inventor.
• An idea in itself can not be patented. The idea must be
materialized into an invention, innovative product, device
or process that offers new solutions to a problem in order
for the registrant to be able to seek the patent.
• Patents protect products in the fields of machinery,
manufacturing, composition of matter (a combination of
chemicals), and processes (methods of manufacturing).

9. • A trademark protects an owner’s right to exclusively use
images, logos, phrases or words used to distinguish a
particular good or service in the market.
Copyrights protect works of authorship and cover:
• a) works of art (2 or 3 dimensional),
• b) photos, pictures, graphic designs, drawings and other forms
of images;
• c) songs, music and sound recordings of all kinds;
• d) books, manuscripts, publications and other written works;
and
• e) plays, movies, shows, and other performance arts.

10. How long does patent, trademark or copyright
protection last?
• A U.S. utility patent, is generally granted for 20 years from the
date the patent application is filed; however, periodic fees are
required to maintain the enforceability of the patent.
• A design patent is generally granted protection for 14
years measured from the date the design patent is granted.
• A U.S. trademark generally lasts as long as the trademark is
used in commerce and defended against infringement.

11. Excise Duty
• Central Excise duty is an indirect tax levied on those
goods which are manufactured in India and are
meant for home consumption.
• The taxable event is 'manufacture' and the liability of
central excise duty arises as soon as the goods are
manufactured. It is a tax on manufacturing, which is
paid by a manufacturer, who passes its incidence on
to the customers.

12. • The Central Excise Rules provide that every person
who produces or manufactures any 'excisable goods',
or who stores such goods in a warehouse, shall pay
the duty leviable on such goods in the manner
provided in rules or under any other law.
• No excisable goods, on which any duty is payable,
shall be 'removed' without payment of duty from any
place, where they are produced or manufactured, or
from a warehouse, unless otherwise provided.

13. What is ModVat?
• Value Added Tax (VAT) and Modified VAT
(Modvat) are quite similar in many aspects.
Both are designed as incremental, indirect
consumption taxes on products and services,
both offer provisions for the avoidance of
double taxation and harsh export restrictions.