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 |
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