The following points highlight the ten main forms of primary rights. The forms are: 1. Copyrights 2. Patent 3. Trademark 4. Industrial Design 5. Utility Models 6. Geographical Indication 7. Trade Secret 8. Related Rights 9. Trade Names 10. Domain Names.
Primary Right: Form # 1. Copyrights:
Copyright has been defined in various ways by different authors.
Some commonly used definitions of copyright are given below:
(i) Copyright refers to a document which grants exclusive right to the author/creator to publish and sell literary or musical or artistic work.
(ii) The exclusive rights to reproduce, sell and distribute a work, prepare derivative works and display the work publicly is referred to as copyright.
(iii) The right of an author, artist, publisher etc. to retain ownership of works and to produce or contract others to produce copies is called copyright.
(iv) The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work is called copyright.
Main features of copyrights are briefly presented below:
(a) It provides protection for a specific duration.
(b) It is applicable in all countries.
(c) The copyright holder has the rights to authorize others to use the protected work.
(d) It is applicable to books, movies, music, paintings, photographs and software.
(e) The information cannot be reproduced as such without written permission. However, the information or idea can be used by anyone.
Primary Right: Form # 2. Patent:
Patent has been defined in various ways by different authors. Patent refers to a document granting an inventor sole rights to an invention. It is an official document which grants sole rights to the inventor for manufacturing and marketing his product/process/invention to derive benefits. In other words, patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time.
Main points are as follows:
(i) It is A legal document issued by a federal government that grants exclusive rights for the production, sale and profit from the invention of a product or process for a specific period of time. Patents also grant the right to prevent others from copying the invention.
(ii) An official license is granted by the Patent Office to issue exclusive right to an individual or business for production or sale of a specific invention.
(iii) It is a grant made by a government to an inventor, assuring the sole right to make, use, and sell the invention for a certain period of time. Many audio and video technologies are covered by patents.
(iv) It is a document that allows the patent owner to prevent others from making, using or selling the invention protected by the patent.
Primary Right: Form # 3. Trademark:
A trademark or trade mark is a distinctive sign of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities.
Main features of trademarks are briefly presented below:
(i) A trademark can be a word, name, symbol, device or mark which is used to identify and distinguish the goods or services of one company from goods or services of another.
(ii) Trademark is used to identify its product and to distinguish them from others. It is the name of a product made by a particular person or company.
(iii) The period of protection for a trademark varies, but can generally be renewed indefinitely.
Primary Right: Form # 4. Industrial Design:
An industrial design – or simply a design – is the ornamental or aesthetic aspect of an article produced by industry or handicraft; registration and renewals provide protection for, in most cases, up to 15 years.
Main points about industrial designs are given below:
(i) Industrial design is an applied art whereby the aesthetics and usability of products may be improved for marketability and production. Industrial Designers often utilize 3D Industrial Design is the field of developing physical solutions to meet a particular need. These physical solutions might include products.
(ii) Industrial design refers to any original shape, picture, or some combination applied to a useful article of manufacture. In other words, it refers to the design of the mass-produced products of our everyday environment, from sinks and furniture to computers.
(iii) Industrial design refers to the professional service of creating and developing concepts and specifications that optimize the function, value, and appearance of products and systems for the mutual benefit of both user and manufacturer [Industrial Design Society of America],
Primary Right: Form # 5. Utility Models:
A utility model is an exclusive right granted for an invention, which allows the right holder to prevent others from commercially using the protected invention, without his authorization, for a limited period of time.
In its basic definition, which may vary from one country (where such protection is available) to another, a utility model is similar to a patent. In fact, utility models are also referred to as “petty patents” or “innovation patents, minor patent and small patent.”
The important points about utility model are listed below:
(i) Utility model is an intellectual property rights to protect inventions.
(ii) Utility models are also known as petty patents, petty inventions, petty innovations, utility innovations, minor patents and small patent.
(iii) The rights conferred by utility models are similar to those granted by patent laws but has a shorter term.
(iv) They are registered with National Patent Office.
(v) They are more suited to incremental inventions.
Primary Right: Form # 6. Geographical Indication:
The World Intellectual Property Organization (WIPO) helps in protection of Geographical Indications [GI]. About 170 geographical indications have been registered by Lisbon Agreement members up to 1997. Now this number would much more. GI has been defined in various ways.
Some important definitions and features of GI are given below:
(i) This is the name of a region, a specific place or, in exceptional cases a country, used to describe an agricultural, natural or manufactured goods product or a food stuff.
(ii) A geographical indication is a sign used on goods that have a specific geographical origin and often possess qualities or a reputation that are due to that place of origin. In other words, a geographical indication is a name or sign used on certain products or which corresponds to a specific geographical location or origin (e.g. a town, region, or country).
(iii) So far geographical indications have been registered in some advanced countries because they have developed the system of protecting GI.
(iv) In the past, wines, spirits, cheeses, tobacco, which account for 88%, have been registered as GI. Wines and spirits account for almost 71% of all registrations.
(v) In addition to wines and spirits, there is need for protection or agricultural products as GI. For this there is need to establish a multilateral system of identification and registration of GI.
(vi) Geographical Indication may be an agricultural, natural or manufactured goods or product.
Primary Right: Form # 7. Trade Secret:
Trade secret has been defined in various ways by different authors.
Some commonly used definitions of trade secret are given below:
(i) A “trade secret” is anything [a formula, process, method, mechanism, tool, pattern or device] which the disclosing party desires to keep secret. Trade secrets usually include such things as the manufacturing details for a product, variations or alternative uses.
(ii) It may refer to a formula or process or device used in business that is not published or divulged which gives an advantage over competitors.
(iii) A form of industrial property which refers to a non-patented process, mechanism, or formula, known only to its owner that is used in producing something of commercial value.
The main points about trade secret are briefly presented as follows:
(a) There is no specific period for trade secret. It may continue lifelong or for generations together.
(b) There is no need of registration for trade secret.
(c) It does not provide opportunity to officers for improvement of innovation.
(d) It is not applicable to books, equipment’s, plant varieties, designs which are openly used.
Primary Right: Form # 8. Related Rights:
Related rights is a term in copyright law, used in opposition to the term “authors’ rights”. The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins Related rights in civil law are rights which are similar to authors’ right but which are not connected with the actual author of the work. Both authors’ rights and related rights are copyrights in the sense of English or U.S. law.
Main points about related rights are given below:
(i) Related rights are similar to copyrights.
(ii) Related rights come under primary property rights.
(iii) Related rights are also known as neighbouring rights.
(iv) Related rights are closer to copyrights but are not covered by the Berne Convention.
(v) Related Rights are covered by Rome Convention, 1961.
Primary Right: Form # 9. Trade Names:
A trade name, also known as a trading name or a business name, is the name which a business trades under for commercial purposes, although its registered, legal name, used for contracts and other formal situations, may be another.
Pharmaceuticals also have trade names (e.g. “Aspirin”), often dissimilar to their chemical names (“acetylsalicylic acid”). Trading names are sometimes registered as trademarks or are regarded as brands.
A trade name is the name under which a product is commercially known. The commercial name by which a chemical is known is called trade name. One chemical may have a variety of trade names depending on the manufacturers or distributors involved.
Main points related to trade name are given below:
(i) It is also known as business name, trading name, assumed name, brand name and corporate name.
(ii) It may or may not be registered.
(iii) It distinguishes a particular business from others.
(iv) It can be exclusive or non-exclusive.
(v) It is generally used on letter heads and bank accounts.
(vi) It is the name given to a particular substance by each company that manufactures it.
(vii) It is the name under which a company conducts its business.
(viii) It is the business name of the person or organization making and/or selling a particular product. “General Motors, Inc.” is the “trade name” of the company.
It is used by a company to describe and distinguish its brand of a generic product. Kleenex is a trade name for a brand of tissue; Xerox, a single brand of copier. A “trade name” is the business name of the person or organization making and/or selling a particular product. “General Motors, Inc.” is the “trade name” of the company. Trade names are registered by the state in which the person or company is based.
Primary Right: Form # 10. Domain Names:
Domain refers to the unique name that identifies an Internet site. Domain names have two or more parts separated by dots. For example www.askedi.com or www.bcbsks.com.
The term domain name has multiple related meanings:
(i) It identifies a web site on the internet (e.g., company.com); also referred to as a URL. [Uniform Resource Locator]
(ii) It allows reference to Internet sites without knowing the true numerical address.
(iii) It refers to the official name of a computer connected to the Internet, (e.g., www.microsoft.com).
(iv) It is the unique name of a computer on the Internet that distinguishes it from other systems around the world.
(v) They are sometimes colloquially (and incorrectly) referred to by marketers as “web addresses”.