Intellectual Property Rights (IPRs) refer to the legal protections granted to the creators of original works, inventions, and brand identities. These rights give creators exclusive control over the use of their intellectual efforts.
Among the various forms of IPRs, the three most commonly discussed in commerce and business law are Patents, Trademarks, and Copyrights.
Patents
Meaning
A patent is an exclusive legal right granted to an inventor to make, use, or sell an invention for a specified period (usually 20 years) in exchange for public disclosure of the invention.
Objective
To encourage innovation by granting inventors a temporary monopoly over their inventions.
Key Features
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The invention must be new, non-obvious, and useful.
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It must be patentable under the Patent Act, 1970 in India.
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After expiration, the invention becomes public property.
Example
If a company invents a new type of biodegradable plastic, it can apply for a patent. No other entity can produce or sell that plastic without the inventor's permission for 20 years.
Exclusions (What cannot be patented)
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Abstract ideas, natural discoveries
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Mathematical formulas
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Methods of agriculture
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Medical treatment methods (for humans/animals)
Trademarks
Meaning
A trademark is a recognizable sign, design, word, or symbol that identifies products or services of a particular source from those of others.
Objective
To protect the brand identity and help consumers distinguish between different brands.
Key Features
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Registered under the Trademarks Act, 1999 in India.
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Can include names, logos, slogans, shapes, or colors.
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The initial registration is valid for 10 years, and it can be renewed indefinitely.
Example
The Nike swoosh and the phrase "Just Do It" are trademarked. Only Nike can use these in a commercial context.
Symbols Used
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™ (For unregistered trademark)
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® (For registered trademark)
Copyrights
Meaning
Copyright is the legal right granted to the creator of original literary, artistic, musical, or dramatic works. It protects the expression of ideas, not the ideas themselves.
Objective
To encourage creativity by granting exclusive rights to reproduce, distribute, or adapt the work.
Key Features
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Automatic protection (registration not mandatory but recommended).
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Valid for the lifetime of the author + 60 years after death (in India).
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Governed by the Copyright Act, 1957.
Example
If someone writes a novel or composes music, copyright protects the work from being copied or sold by others without permission.
Protected Works
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Books, poems, articles
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Paintings, photographs
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Music, films, computer software
Differences at a Glance
| Aspect | Patent | Trademark | Copyright |
|---|---|---|---|
| What it protects | Inventions and processes | Brand names, logos, symbols | Original literary and artistic works |
| Duration | 20 years (non-renewable) | 10 years (renewable indefinitely) | Life of author + 60 years |
| Governing Law | Patent Act, 1970 | Trademarks Act, 1999 | Copyright Act, 1957 |
| Registration | Compulsory for protection | Recommended for strong protection | Not mandatory but advised |
Conclusion
Patents, Trademarks, and Copyrights form the foundation of Intellectual Property Rights (IPRs).
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Patents promote innovation by rewarding inventors.
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Trademarks protect brand identity and help businesses build trust.
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Copyrights encourage creativity in literature, art, and software.
For UGC NET Commerce, focus on the definitions, legal frameworks, duration of rights, and practical examples. Understanding these distinctions is key to answering both theoretical and application-based questions in the exam.