Law Audience Journal (e-ISSN: 2581-6705)

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Authored By: Suraj Shandil, LL.M, Research Scholar, Chandigarh University, NH-05, Chandigarh Ludhiana Highway, Gharuan, Mohali, Punjab, India, 140413 & Co-Authored By: Chirag Panwar, B.A.LLB Student Himachal Pradesh University (HPU) Summer Hill, Shimla, 171005,

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I. INTRODUCTION: UNLOCKING THE WORLD OF INTELLECTUAL PROPERTY:

“Why Intellectual Property Matters in Everyday Life”

Intellectual Property plays a fundamental role in fostering innovation, creativity, and economic growth globally. It grants creators and businesses exclusive rights over their original works and inventions for a limited period, thereby incentivizing significant investment in research, development, and artistic endeavours. This protection is crucial as it prevents unauthorized copying and exploitation, promoting fair competition within industries. Furthermore, IP rights build consumer trust by ensuring the authenticity and quality associated with specific brands or innovations. A comprehensive understanding of IP reveals that many successful products and services leverage multiple forms of IP protection simultaneously. For instance, the iconic Coca-Cola bottle is protected not only by its distinctive contour shape under design law but also by its brand name and logo as trademarks. The underlying recipe for Coca-Cola, a closely guarded secret for over a century, is a prime example of a trade secret. Similarly, a widely used application like WhatsApp safeguards its brand name and distinctive logo through trademarks, while its intricate software code and user interface elements are protected by copyright. This multi-faceted approach to protection underscores that IP management in the commercial world is rarely a single registration but rather a strategic, holistic endeavor. Recognizing this layered protection enhances one’s appreciation for the comprehensive strategies employed by businesses to secure their intangible assets.

II. UNDERSTANDING THE PILLARS OF INTELLECTUAL PROPERTY[1]:

Intellectual property is broadly categorized into several distinct types, each protecting a different facet of human creativity and innovation. Understanding these categories is fundamental to identifying IP in the real world.[2]

A. TRADEMARKS: IDENTIFYING BRANDS AND TRUST:

A trademark serves as a unique identifier, distinguishing the goods or services of one entity from those of others. It is a mark capable of graphical representation that helps consumers recognize and trust products or services from a particular origin. Trademarks can manifest in various forms, including brand names (such as Bisleri, Infosys, Amul, Maggi, and Jio), distinctive logos (like the Jio logo), slogans, and even unique packaging designs or non-traditional marks like colors or sounds. Protection for a trademark primarily stems from its distinctiveness. The mark must be inherently unique or have acquired distinctiveness through consistent use in commerce, meaning it must clearly identify the source of goods or services rather than merely describing them. While common law rights can arise from actual use, establishing goodwill and reputation, formal registration with the relevant IP office provides significantly stronger, statutory rights.  Registration grants exclusive use across specified goods and services and offers a robust legal basis to pursue infringement claims. It is important to recognize that trademarks extend beyond conventional names and logos to encompass more subtle brand elements. For instance, the legal dispute between Cadbury and ITC, often referred to as the “Purple War,” highlighted the critical importance of registering unique brand elements beyond just names and logos, specifically the distinctive shade of purple used on chocolate packaging. Similarly, a phrase or slogan, such as “Magic Masala” used on Maggi noodles, can become the subject of trademark disputes, illustrating the broad scope of protectable brand elements. The definition of a trademark itself includes “shape of goods, their packaging and combination of colours”. This expanded view encourages a deeper observation of how brands differentiate themselves through various sensory and visual cues. Furthermore, a trademark’s reputation can extend its protection beyond its primary goods or services and even national borders. Numerous examples of “well-known trademarks in India,” such as Infosys, Mahindra, and Bisleri, demonstrate their global reach and established reputation. The brand “Amul” is explicitly recognized as a “well-known trademark” across India and worldwide, with its reputation even extending transnationally, as seen in its recognition in Canada. This concept of a “well-known” mark means that highly recognized brands can secure broader protection, preventing others from using similar marks even in unrelated industries or different countries. This is due to the potential for dilution of the famous mark or consumer confusion arising from an unauthorized association. This aspect underscores the immense value of brand equity and how a strong reputation translates into expanded legal protection, creating a more intricate and globally interconnected IP landscape.

B. COPYRIGHTS: PROTECTING ORIGINAL EXPRESSIONS:

Copyright is a legal right granted to creators of original literary, dramatic, musical, and artistic works. This protection extends to a wide array of creations, including cinematograph films, sound recordings, and computer software. The fundamental purpose of copyright is to protect the expression of an idea, rather than the idea itself. This distinction is crucial; while a concept or plot idea cannot be copyrighted, the specific way it is written, composed, or visually presented can be.[3] This protection fosters creativity by giving creators control over how their works are used, reproduced, and distributed. For a work to be copyrighted, it must meet two primary criteria: originality and fixation. Originality means the work must be independently created by the author and possess a minimum degree of creativity. It does not require the work to be novel or unique in the same way a patentable invention must be, but merely that it was not copied from another source. Fixation means the work must be expressed in a tangible medium, such as being written down, recorded, painted, or saved digitally. Copyright protection generally arises automatically upon creation, without the need for formal registration. However, registration provides stronger evidence of ownership and can be invaluable in the event of infringement disputes.[4]

In India, various types of works are protected by the Copyright Act, 1957:

• Literary Works: This broad category includes original creations of literature in any form, such as works of fiction, technical books or papers, biographies, scripts, research work, compilations, tables, and computer programs, including computer databases.
• Dramatic Works: This encompasses any arrangement for acting a play, a part for recitation, choreographic work, or dumb show entertainment, provided it is based on a fixed writing work.
• Musical Works: This covers compositions, lyrics, and any graphical notation of such work.
• Artistic Works: This category includes sculptures, paintings, cartoons, graphics, lithographs, etchings, drawings, plans, photography, diagrams, models of buildings, charts, buildings, maps, Molds, and casts for sculptures.
• Cinematograph Films: These are works of visual recording together with sound recordings, including video films.
• Sound Recordings: This comprises any work of sound recording, irrespective of its storage medium, such as songs, recorded speeches, or podcasts.

A nuanced aspect of copyright protection involves compilations of information. While copyright typically requires “originality,” the Supreme Court’s ruling in Eastern Book Company & Others vs. D.B. Modak & Another, provides an important clarification. In this case, Eastern Book Company (EBC), a publisher of Supreme Court Cases (SCC), accused other companies of copying their compilation of Supreme Court judgments. Although the judgments themselves are public domain, the court ruled in EBC’s Favor, emphasizing the “effort and skill involved in compiling and presenting legal information”. This demonstrates that originality in copyright is not solely about creating entirely new content, but can also encompass the unique selection, arrangement, and presentation of existing material. This is particularly relevant in the digital age, where databases, curated content, and news aggregators are prevalent, showing how significant value can be created and protected through intellectual labor and organization. Beyond the economic rights of reproduction, distribution, and adaptation, copyright law also recognizes “moral rights” that remain with the author, distinct from economic exploitation. The Sajeev Pillai vs. VenuKunnapalli & Anr., case illustrates this point. Sajeev Pillai, a film director and scriptwriter, sought an injunction to prevent the release of a film where his script was altered without his consent after he was replaced as director. The court acknowledged Pillai’s rights under Section 57(1) of the Copyright Act, which protects an author’s right to claim authorship and to prevent “modifications or distortions” of their work. This means that even if an author assigns their economic copyright (e.g., sells their script), they can still retain the right to prevent changes that could harm their reputation or the integrity of their work. This highlights that copyright is not exclusively about commercial gain but also encompasses the creator’s personal and artistic connection to their work.

C. Patents: Rewarding Innovation and Invention:

A patent grants an exclusive right for an invention, which is defined as a product or process that offers a new way of doing something or provides a new technical solution to a problem. Governments grant patents to encourage innovation by providing inventors a limited monopoly, typically 20 years, over their invention. In return, the inventor must publicly disclose the details of their invention, allowing others to build upon this knowledge once the patent expires.[5] For an invention to be patentable, it must satisfy three core criteria:

• Novelty: The invention must be absolutely new, meaning it has not been publicly disclosed or known anywhere in the world before the patent application filing date.
• Inventive Step (Non-Obviousness): The invention must not be obvious to a person skilled in the relevant technical field. It must demonstrate a technical advancement over existing knowledge.
• Industrial Application (Utility): The invention must be capable of being made or used in an industry, demonstrating practical utility.[6]

A common misconception is that “software cannot be patented” in India. However, this is not entirely accurate. Software-related inventions can indeed be patented under specific conditions. For example, patents have been granted for a “method for allocating communication resources to wireless devices” and a “system and method for scaling images”. The crucial clarification is that such patents are granted “only if the primary independent patent claims read with dependent patent claims cover novel and inventive method, which is implemented over a system comprising of hardware elements”. This means that while pure algorithms or abstract business methods implemented in software are generally not patentable, an inventive process or system that leverages software to achieve a specific technical effect, especially when integrated with hardware, can be protected. This distinction is vital for understanding the complexities of patenting modern technological innovations. The spirit of invention has a long and rich history, predating formal patent systems. Ancient India, for instance, was the birthplace of numerous groundbreaking innovations that, if they existed today, would undoubtedly be considered patentable inventions. Examples include the invention of buttons, chess, rulers, shampoo, and the concept of flush toilets. The flush toilet, for instance, was a remarkable innovation in hygiene during the Indus Valley Civilization. While these historical creations are not protected by modern patent law, they serve as excellent conceptual illustrations of novel and useful solutions to existing problems. This historical perspective helps connect the abstract legal concept of a “patentable invention” to tangible developments that demonstrate ingenuity and problem-solving, emphasizing that the drive to innovate is a timeless human endeavour that modern patent law formalizes and protects.

D. Designs: Safeguarding Aesthetic Creations:

An industrial design refers specifically to the aesthetic or ornamental aspect of an article. It encompasses the features of shape, configuration, pattern, ornamentation, or the composition of lines or colors applied to an article through an industrial process. The primary purpose of design registration is to protect the visual appeal of a product, making it distinctive and attractive to consumers, thereby enhancing its economic worth and marketability.

For a design to be registrable, it must meet several criteria:

• Novelty: The design must be new or original, meaning it has not been previously published or used in any country.
• Originality: It must not be a mere mechanical contrivance or a combination of known designs without significant aesthetic innovation.
• Applied to an Article: The design must be applied to an article by an industrial process or means.
• Aesthetic Appeal: It must appeal to the eye and be judged solely by its visual features, not by its functional purpose.

A critical distinction in IP law is between aesthetic protection (design) and functional protection (patent). Industrial design protection is solely about how a product looks—its ornamentation and shape—not how it works or its underlying utility. The iconic Coca-Cola Contour Bottle serves as a prime example. Its unique “hobble skirt” shape was designed in 1915 to be highly distinctive and recognizable, even in the dark or by touch. This shape was protected as a design because of its distinct visual appeal, not because it represented a novel way to hold liquid. This differentiation is fundamental for correctly categorizing IP and understanding that a single product might benefit from both design protection (for its appearance) and utility patent protection (for its functional innovations), but for entirely separate aspects. Furthermore, design infringement cases often revolve around the concept of “substantial similarity” rather than exact replication, requiring a nuanced assessment of overall visual impression. Disputes concerning RO water purifier designs illustrate this well. In cases like Aquaguard vs. Livpure and Havells vs. Blue Star, courts granted injunctions due to “similar design” or “imitation,” even if the designs were not identical copies. Conversely, in Kent vs. Pureit and Tata Swach vs. Faber, courts found “sufficient differences” to avoid infringement. This indicates that design protection is not about preventing precise duplication but about whether the overall visual impression of a competing product is confusingly similar to the registered design, potentially misleading consumers. This highlights the subjective and nuanced nature of design infringement assessment, which often relies on a “totality of impression” rather than a feature-by-feature comparison.

III. 10 IPs Around Me: A Real-World Exploration:

This section presents ten examples of Intellectual Property commonly encountered in daily life, categorized by their primary form of protection. For each example, the product or item is named, its IP type is identified, the basis for its protection is briefly described, and available registration details are provided.

A. Trademarks:

1. AMUL (BRAND NAME & LOGO)[7]:

             Product/Item Name: Amul (Dairy products, food items, etc.)

Type of IP: Trademark (Wordmark “AMUL” and Device/Logo “Amul Girl”)

What Makes it Protected: “AMUL” is a well-known trademark in India and globally, derived from “Anand Milk Union Limited”. Its distinctiveness stems from long and continuous use since 1956 and its extensive reputation across a wide range of dairy and food products. The iconic “Amul Girl” cartoon, prominently featured in advertising, is a highly recognizable device mark that has become synonymous with the brand, reinforcing its unique identity and goodwill.

Real/Potential IP Registration: Registered in various classes by Kaira District Cooperative Milk Producers’ Union Limited, including Class 29 for processed cheese (Application No. 521779, Registered), Class 30 for milk products, and Class 31 for agricultural products. The “Amul Utterly Delicious” is also applied under TM Class 35 for advertising services.

2. MAGGI (BRAND NAME & PACKAGING ELEMENTS):

           Product/Item Name: Maggi 2-Minute Noodles

Type of IP: Trademark (Wordmark “MAGGI”, “MAGGI 2-MINUTE NOODLES”, and distinctive red-bubble logo with yellow lettering)[8]

What Makes it Protected: “MAGGI” is a coined mark, derived from Julius Maggi, the founder of the business. Its unique and distinctive logo, featuring a red-colored bubble device with the mark “MAGGI” superimposed in stylized yellow lettering, has acquired significant goodwill and reputation through long and continuous use and extensive advertising. This distinct visual identity makes it exclusively associated with Nestlé’s products. Even phrases like “Magic Masala” on its packaging have been subject to trademark disputes, showcasing the breadth of protectable brand elements beyond just the primary brand name.

Real/Potential IP Registration: Registered under Société des Produits Nestlé S.A. (e.g., “MAGGI 2-MINUTE NOODLES” in Class 30 for noodles, Application Date 2001-11-06, Status: Registered; “MAGGI” wordmark in Class 29 and 30).

3. RELIANCE JIO (BRAND NAME & LOGO):

            Product/Item Name: Jio (Telecommunications network services)

 Type of IP: Trademark (Wordmark “Jio” and its distinctive logo/device)

 What Makes it Protected: The name “Jio” and its stylized logo are used to identify and distinguish Reliance Jio Infocomm’s telecommunications and wireless broadcasting services. The unique visual representation of the logo, despite consisting of simple geometric shapes, functions as a strong source identifier for the company’s services. Reliance Jio dedicates substantial resources to protecting its intellectual property, ensuring its brand identity remains exclusive and preventing confusingly similar uses.

 Real/Potential IP Registration: Registered for “TELECOMMUNICATIONS AND WIRELESS BROADCASTING” in Class 38 (Application Number 3070729, Application Date 06-10-2015, Status: Registered).

TABLE: IDENTIFIED TRADEMARKS:

Product/Item Name	Type of IP	What Makes it Protected	Real/Potential IP Registration (Number/Details)
Amul	Trademark	Well-known wordmark & iconic device mark (Amul Girl) identifying dairy & food products, built on extensive use & reputation.	Registered in various classes (e.g., Class 29 for processed cheese, App. No. 521779) by  Kaira District Cooperative Milk Producers’ Union Limited.
Maggi	Trademark	Coined wordmark & distinctive red-bubble logo with yellow lettering, identifying food products, established through long use & advertising.	“MAGGI 2-MINUTE NOODLES” Registered in Class 30 (App. Date 2001-11-06) by Société des Produits Nestlé S.A.
Reliance Jio	Trademark	Distinctive wordmark “Jio” and stylized logo identifying telecommunications and wireless broadcasting services.	Registered in Class 38 (App. No. 3070729, App. Date 06-10-2015) by Reliance Industries Limited.

B. Copyrights:

1. “Dangal” (Movie):

Product/Item Name: “Dangal” (2016 Hindi-language biographical sports drama film)

 Type of IP: Copyright (Cinematograph Film)

 What Makes it Protected: The film “Dangal” is protected as a cinematograph film, which encompasses the entire visual recording together with its accompanying sound. This protection extends to all original creative elements within the film, including the script, musical score, cinematography, editing, and direction. As an original artistic and dramatic creation, it meets the criteria for copyright protection upon its fixation in a tangible medium.

Real/Potential IP Registration: Produced by Aamir Khan Productions and The Walt Disney Company India. It is identified with an Entertainment Identifier Registry (EIDR) ID: 10.5240/471C-92F0-024C-3508-1E69-T.

2. “Jai Ho” (Song)[9]:

Product/Item Name: “Jai Ho” (Song from “Slumdog Millionaire”)

Type of IP: Copyright (Musical Work and Sound Recording)

What Makes it Protected: The song “Jai Ho” is protected under two distinct copyright categories. The musical composition (melody, harmony, rhythm) and lyrics (by A.R. Rahman, Gulzar, and Tanvi Shah) constitute the “musical work”. The specific recorded performance of the song, including the arrangement and artists’ voices, is protected as a “sound recording”. Both are original expressions fixed in a tangible medium, granting exclusive rights to their respective copyright holders.

Real/Potential IP Registration: Copyright for the musical work and sound recording is held by KM Music Ltd. and Songs of Universal Inc. o/b/o K M Musiq Limited.

3. WhatsApp Messenger (Software Application & Content):

Product/Item Name: WhatsApp Messenger (Mobile Application)

 Type of IP: Copyright (Computer Program/Literary Work, Artistic Works for UI/UX, Sound Recordings for audio/video calls)

What Makes it Protected: The underlying software code that enables the WhatsApp application’s functionality is protected as a literary work, specifically a computer program. The unique graphical user interface (GUI), icons, emojis, and overall visual design elements that users interact with are protected as artistic works. Any original sounds, such as notification tones, or audio elements within calls or messages are protected as sound recordings. WhatsApp explicitly states it owns “all copyrights… associated with our Services,” demonstrating a comprehensive approach to protecting its digital assets.

Real/Potential IP Registration: WhatsApp, owned by Meta, dedicates substantial resources to the development and protection of its intellectual property, including copyrights, and actively enforces its rights against misuse and infringement globally.

TABLE: IDENTIFIED COPYRIGHTS:

Product/Item Name	Type of IP	What Makes it Protected	Real/Potential IP Registration (Holder/Details)
“Dangal” (Movie)	Copyright (Cinematograph Film)	Original visual and sound recording, including script, music, cinematography, and editing.	Produced by Aamir Khan Productions & The Walt Disney Company India. EIDR ID: 10.5240/471C-92F0-02 4C-3508-1E69-T.
“Jai Ho” (Song)	Copyright (Musical Work & Sound Recording)	Original musical composition (melody, harmony, lyrics) and the specific recorded performance of the song.	Copyright held by KM Music Ltd. and Songs of Universal Inc. o/b/o K M Musiq Limited.
WhatsApp Messenger	Copyright (Computer Program, Artistic Works, Sound Recordings)	Original software code, unique GUI, icons, emojis, and audio elements (e.g., notification tones).	Owned by Meta, which actively protects its copyrights globally.

C. Patents:

Dual SIM Mobile Handset Technology:

Product/Item Name: Mobile phones with Dual SIM card functionality

Type of IP: Patent (Method and System)

 What Makes it Protected: The core innovation behind dual SIM technology—allowing a single mobile handset to communicate simultaneously on different networks with minimal switching time—is a patented invention. This represents a novel, non-obvious, and industrially applicable technical solution to a common user problem: managing multiple phone numbers or network providers on one device. The patent protects the specific method and system that enables this functionality, which involves changing the entire circuitry of a mobile phone to fit multiple SIM sockets and Bluetooth devices.

 Real/Potential IP Registration: Indian Patent No. 214388, held by S. Ramkumar (filed 2002, granted 2008). This patent has been the subject of legal battles for royalty payments from mobile phone manufacturers.

1. RO Water Purification System (Core Technology):

Product/Item Name: Reverse Osmosis (RO) Water Purifier

Type of IP: Patent (Process/Method, Device)

What Makes it Protected: The fundamental Reverse Osmosis process, which purifies water by forcing it through a semi-permeable membrane to remove impurities, was a significant scientific and engineering invention. Modern RO purifiers incorporate numerous patented improvements related to efficiency, filtration stages, energy consumption, and specific device configurations. Examples include Sarvajal’s innovative solar-powered water filtration system, plasma technology for water generation, or specific designs for air circulation within the device. These innovations provide novel and non-obvious technical solutions to the critical challenge of providing clean drinking water.

Real/Potential IP Registration: The original RO process was co-invented and patented by Srinivasa Sourirajan and Sidney Loeb in 1964. Specific patents for water generation devices exist, such as Patent No. 1700/Mum/2012,

3284/Mum/2013, 3285/Mum/2, and 2649/Mum/2013 by Electrowater Technologies.

Methods for high-efficiency RO operation also have patents, such as US9073763B2.

TABLE: IDENTIFIED PATENTS:

Product/Item Name	Type of IP	What Makes it Protected	Real/Potential IP Registration (Number/Details)
Dual SIM Mobile Handset Technology	Patent (Method & System)	Novel method for a single handset to communicate on multiple networks simultaneously, involving circuit modification.	Indian Patent No. 214388, held by S. Ramkumar (filed 2002, granted 2008).
RO Water Purification System (Core Technology)	Patent (Process/Method, Device)	Fundamental process of purifying water through a semi-permeable	Original RO process patented by Sourirajan & Loeb (1964). Specific patents include
		membrane and subsequent technical improvements in efficiency and design.	1700/Mum/2012 by Electrowater Technologies.

D. Designs:

Coca-Cola Contour Bottle:

Product/Item Name: Coca-Cola Contour Bottle

Type of IP: Industrial Design (originally), now also Trademark (Shape Mark) [10]

What Makes it Protected: The unique “hobble skirt” contour shape of the Coca-Cola bottle was deliberately designed in 1915 to be highly distinctive and recognizable, even by touch in the dark. Its aesthetic appeal lies in this unique configuration, which effectively differentiates it from other bottles. While the original design patent (USD 63,657) eventually expired, the bottle’s shape had become so iconic and intrinsically associated with the Coca-Cola brand that it was subsequently granted trademark status. This allows for indefinite protection of its distinct contour as a source identifier, demonstrating how a design can evolve into a symbol of brand origin.

Real/Potential IP Registration: Original design patent granted on November 16, 1915 (renewed in 1923, patent number USD 63,657). The bottle’s shape was recognized as a trademark on April 12, 1961.

1. Maruti Suzuki Swift (Car Design)[11]

Product/Item Name: Maruti Suzuki Swift (Exterior Design)

Type of IP: Industrial Design

What Makes it Protected: The Maruti Suzuki Swift’s distinctive exterior styling, including its “sporty and attractive” looks, unique body design, “rounded shoulder lines,” “dramatically flared fenders,” and specific grille shape, are protected as industrial designs. These aesthetic features are crucial for the car’s visual appeal and play a significant role in differentiating it in a competitive market. The design contributes significantly to the car’s brand identity and consumer recognition, making it easily recognizable on the road. [12]

Real/Potential IP Registration: While specific design registration numbers for the Maruti Suzuki Swift were not explicitly provided in the available information, automobile designs are routinely registered by manufacturers like Maruti Suzuki to protect their unique aesthetic features against unauthorized copying. Such registrations can typically be found in national IP databases or the WIPO Global Design Database.

TABLE: IDENTIFIED DESIGNS:

Product/Item Name	Type of IP	What Makes it Protected	Real/Potential IP Registration (Number/Details)
Coca-Cola Contour	Industrial Design	Unique “hobble skirt”	Original design patent
Product/Item Name	Type of IP	What Makes it Protected	Real/Potential IP Registration (Number/Details)
Bottle	(initially), Trademark (Shape Mark)	contour shape, distinctive aesthetic appeal, later acquired secondary meaning as a source identifier.	USD 63,657 (granted 1915, renewed 1923). Recognized as a trademark on April 12, 1961.
Maruti Suzuki Swift (Exterior Design)	Industrial Design	Distinctive exterior styling, including sporty looks, body shape, fender flares, and grille, contributing to visual appeal and brand identity.	Automobile designs are routinely registered; specific registration numbers for Swift would be in national IP offices or WIPO Global Design Database.

 

IV. Tips FOR IP Exploration Journey:

HOW TO OBSERVE AND IDENTIFY IP:

Identifying Intellectual Property in everyday life requires active and mindful observation. Look beyond the obvious features of products and consider what makes them unique or recognizable. Ask yourself the “why”: Why did a company choose a particular name, logo, or design? What problem does this product solve, or what new method does it introduce? Expanding observation to all senses can also be beneficial, as IP is not just visual. Consider distinctive sounds (e.g., jingles, unique device alerts), unique smells (e.g., a signature fragrance for a product), or even textures (e.g., a unique packaging material).[13]

Researching IP Protection and Registration:

Verifying IP protection often involves utilizing public databases. This step is crucial as finding registration details not only confirms the existence of IP but also validates its legal standing, providing stronger legal backing in potential disputes. The numerous dispute cases, such as those involving Cadbury vs. ITC, Amul vs. Amul Macho, and various RO water purifier design disputes, clearly demonstrate that registered IP provides a significantly stronger legal position for enforcement and defense compared to unregistered rights. This highlights that locating registration details is not merely an academic exercise but a practical demonstration of understanding how IP rights are solidified, managed, and defended in the real world.

Here are practical guidelines for using public databases for verification:

Trademarks: Utilize national IP office websites, such as the IP India website, for trademark searches. Look for the ® (registered) symbol, indicating a formally registered trademark, or ™ (unregistered trademark) symbol on products.

Patents: Explore resources like Google Patents, national patent databases (e.g., the Indian Patent Office), and WIPO Patentscope to search for granted patents by keyword, inventor, or company. Look for “Patent Pending” or specific patent numbers on product packaging.

Designs: The WIPO Global Design Database is an excellent resource for searching industrial designs, as it includes India’s national collection of over 58,000 design models.

           Searches can be conducted by keywords, names of rights holders, or design classes.

Copyrights: While copyright protection is automatic upon creation, official copyright registries or industry-specific databases, such as the Entertainment Identifier Registry (EIDR) for films, can provide valuable evidence of ownership and creation date, which can be critical in proving infringement.

Critical Thinking: Beyond the Obvious:

Engaging in critical thinking about IP involves looking beyond the surface and considering the strategic motivations behind IP choices. Challenge yourself to think about potential IP in seemingly “simple” or ubiquitous items. Consider the layers of innovation and creativity that might be hidden beneath the surface. For example, why might a company choose to protect a color as a trademark, as seen in the Cadbury “Purple War”? Why might a recipe be kept as a trade secret rather than patented, as is the case with the Coca-Cola recipe? These choices reflect complex business and legal strategies tailored to maximize protection and competitive advantage. It is also beneficial to consider how IP rights might change or evolve over time for a product or brand. The Coca-Cola bottle’s journey from being protected by a design patent to later acquiring trademark status due to its iconic shape is a prime example of IP evolution. This demonstrates that IP is not a static, one-time registration but a dynamic asset requiring ongoing management, adaptation, and vigilance in response to market changes, technological advancements, and legal precedents. Conversely, the “Dalda” case, where the brand name became a generic term for hydrogenated oil, illustrates the risk of a brand losing its trademark distinctiveness over time. This underscores the need for continuous monitoring and enforcement to maintain the strength and scope of IP rights. This dynamic perspective fosters a more sophisticated and strategic understanding of IP management.

V. CONCLUSION: YOUR ROLE IN PROTECTING INNOVATION:

This exploration has highlighted the pervasive nature of Intellectual Property in everyday life, demonstrating that intellectual creations are truly all around us. It has reinforced the distinct characteristics and protection mechanisms of Trademarks, Copyrights, Patents, and Designs, showcasing how each plays a vital role in safeguarding different aspects of innovation and creativity. The exercise of identifying and researching these examples underscores the value of keen observation, diligent research, and critical thinking. These are essential skills not only for IP identification and analysis but also for navigating the complexities of modern commerce and technology. As future professionals, recognizing and respecting intellectual assets is paramount. Understanding how IP rights are protected and enforced contributes to a culture of innovation, fair competition, and economic growth. This journey into the real-world application of IP is merely the beginning of comprehending a vast and increasingly critical field, one that is deeply relevant to diverse career paths across technology, entertainment, consumer goods, healthcare, and beyond.

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References and Footnotes:

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