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Understanding Intellectual Property Rights (IPR): A Comprehensive Guide

IPR helps businesses frame an identity for themselves that is distinct and separate from that of other businesses.

January 22, 2025 | Team Brydgework

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A lot of times we come across terms like “trademark” (represented by the sign “™”), patents, copyrights, and others. But what do these really mean, and how do we distinguish one from the other? Intellectual Property Rights, commonly called IPR, represents the broad spectrum of legal rights used to protect the unauthorised duplication or replication of an entity’s “creations of the mind”. This could be in the form of anything creative, such as a painting, a song, a prose, or something technical, such as new technology, a production process, and so on. 

Types of IPR

1. Trademark: Used for protecting signs, symbols, logos, words, or sounds that distinguish the products or services of a particular business from those of their competitors or other companies in the industry
2. Copyright: Protects works of a creative nature, such as books, poetry, stories, screenplays, films, songs, artistic work, etc.
3. Patent: Protecting commercial inventions, such as a unique product or process.
4. Design: Used for protecting computer designs or drawings.
5. GI: Stands for Geographical Indication, and is used to confer certain quality and distinctive attributes to a product on account of originating from a particular geographical area.

Benefits of IPR Registration

1. Protection of Business Identity – IPR helps businesses frame an identity for themselves that is distinct and separate from that of other businesses, allowing customers to associate the products, services, and promotional efforts with a specific brand. For example, if two companies start using the same branding elements for their products, such as the same colour combination used by McDonalds, then customers will be confused about whether the product comes from the original McDonalds or an imitating brand. Trademark helps businesses set themselves apart, and prevent others from copying the same elements. 

2. Promote Innovation – Providing legal protection and recognition to an entity’s intellectual property is an assurance that the said intellectual property shall not be replicated by any other entity. This allows people to invest in innovative solutions, for the assurance that the returns from the success of the innovation shall accrue solely to them becomes a motivating factor. 

3. Financial Benefits – As a corollary to the preceding point, IPR empowers businesses to decide whom to share their intellectual property with, thus allowing them to charge fees in the form of licenses and royalties. This aspect not only allows businesses to gain additional income but also makes it easier for them to raise funds, as IPRs act as intangible assets for a business, giving investors confidence in the said business’ products or services. 

4. Capitalise on Uniqueness – A new technology, artwork, idea or process, which can create a unique value proposition for a customer, could help businesses gain an edge over the competitors by enjoying exclusive access to the said intellectual property through legal protection from infringement. This could make it easier for businesses to attract customers, as they are in a position to offer something that others cannot. It could also enable them to charge a premium for their products or services, thus increasing their margins. 

IP Registration Process

Intellectual Property in India needs to be registered with the Controller General of Patents, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry. This can be carried out through their official website, which has links to the applications for filing each specific type of IPR. 

The registration process is different for each type of IPR, as it involves different nuances, and falls under the gambit of separate laws. Brydgework Consultants can simplify the entire process for your organisation, from identifying the applicability of the correct law to availing concessions under a relevant governmental scheme, if eligible. To learn more about our Business Nurture services, click here.