Registration of a trademark
provides its owner with exclusive rights to this object of intellectual
property for a period of 10 years (re-registration is mandatory). After
registration of intellectual property rights to registered objects can be
transferred to:
- License agreement. This agreement on the transfer by the licensor (legal owner) of the licensee of the rights to exploit the products of his intellectual labor within the agreed framework. Licenses are divided into simple (transferred to an unlimited number of people) and exceptional.
- Agreement on the alienation of exclusive rights. It involves the transfer of the entire volume of rights to the object of intellectual property. Alienation of exclusive rights is allowed both on a reimbursable and unpaid basis.
- The contract of the author's order. Such agreements are concluded when one person creates an object of intellectual property - invention, utility model, literary text or film - on the order of other persons. This may be an agreement on the transfer of exclusive rights to the product; agreement on the alienation of exclusive rights to the product; agreement on the transfer of rights to use it without alienation of exclusive rights and the possibility to use them.
How to protect intellectual
property after registration?
In the event that the claimant's
copyright to an object of intellectual property is controversial, a trial is
necessary. In the course of this procedure, this author is established, and the
author is given the opportunity to use his rights provided for by law in its
entirety; the perpetrators of copyright infringements are brought to justice,
and their illegal activities are stopped; if there was damage and moral damage,
the perpetrator is awarded compensation for them in favor of the injured party.
Losses, missed profit of the right holder are typical
consequences of trafficking in counterfeit products. Its production and
distribution can be prevented. To do this, the trademark owner must register it
with the IPR firms in Kolkata. If
the application is approved, the trademark will go to the Customs Register of
Intellectual Property Objects, and its export and import come under the control
of the customs service.
Imports of counterfeit products
are subject to administrative liability and fines, the goods themselves can be
destroyed (if the right holder requires it), and their supplier is listed in a
special black list that is available to the customs authorities. It is best to
consult reputed IPR firms in Chennai
to ensure a reliable registration.
State regulation of industrial
property is slightly different from that for copyright objects. Without
registration, industrial property does not receive legal protection from the
state. The law provides for several types of registration of intellectual
property: patenting of inventions, registration of trademarks, registration of
copyrights, etc.
The security documents received
on the basis of these procedures (unless the registration was refused), provide
proof of authorship and confirm the right of the licensee and the right holder
to dispose of objects of intellectual property.