|
TRADE SECRET |
PATENT |
COPYRIGHT |
TRADEMARK |
DESIGN |
GEOGRAPICAL INDICATIONS |
| Duration |
As long as it remains a secret |
20 years |
Life of author plus 60 years |
10 years and further renewable in perpetuity for terms of 10 years |
10 yrs and further renewable for a term of five year. |
10 yrs and further renewable in perpetuity for terms of 10 yrs. |
| Prohibited Acts |
Misappropriation |
Make, use or sell processes. |
Copying/Substantial similarity |
Likelihood of Confusion |
Using imitations of designs on articles |
Misleading about geographical origin of goods |
| Injunctive Protection |
Stop use by those misappropriating |
Right to exclude |
Copying of particular expression |
As long as used |
Right to exclude others from using the designs |
Exclusive right to use. |
| Interest Protected |
Business Information |
Inventions |
Expression of Ideas |
Consumer recognition of Brands; avoid confusion |
New & original designs applied to articles |
Names indicating goods originate from a particular geographical area |
| Criteria for Obtaining |
Not generally known; Economically Valuable |
New, useful, non-obvious |
Original |
First to use in commerce |
Original |
Goods should originate from a geographical area and have outstanding qualities specific to that area |
| Time to Act |
Before Disclosure |
Before disclosure of the invention to public |
Anytime but must register before lawsuit |
Upon intent to use or use actual |
Upon creation and before disclosure |
Upon intent to use or actual use |
| Registration |
No registration |
Controller of Patents |
Indian Copyright Office |
Registrar of Trademarks |
Controller of Designs |
Registrar of Geographical Indications |
