Intellectual property rights

Q.38

Answer. 1

 As Sachin Tendulkar has invented a machine for organic clothing material therefore, he needs to
use “Trademark” as an Intellectual property right.
 This is because trademark consist of a recognizable sign, design, or expression which
identifies products or services of a particular source from those of othersMark capable of being
represented graphically
 Sign capable of distinguishing goods or services of one enterprise from that or other enterprises
 It may include shape of goods, their packaging and combination of colours
 Arbitration, civil as well as criminal liability in case of infringement

Answer.2

 Yes he can get intellectual property on the machine as he has invented that machine which
consists of his ideas and design.
 He can use Patents as it is a new product or process involving an inventive step and capable of
industrial application
 The assignment of patent can be done by patent owner
 Infringement of patent have criminal as well as civil implication

Answer 3.

 The intellectual property protection available for the above two are different i.e for the 1 st one it
is Trademark and for the 2nd it is Patent

Category Patent Trademark

Governed Under
Types of Protection & Works
Secures
Symbolic Representation
The Patents Act, 1970
Protection of inventions that
are novel, original and has
industrial utility.
Patent secures inventions that
are useful for the world and has
some use.
No symbolic representation to
show registration.
Trade Marks Act, 1999
Protection of unique name that
makes a brand distinct from
other. Can include name,
slogans, logo, shape, colour etc.
Trademarks secure the branding
under which products and
services are sold.
Used when registration is in
process: ™
Used when registration is
complete: ®

Right comes into Existence Patent registration takes about Registration usually takes 12-18
2-3 years in all. months.