An Outlook of the Copyright and the Trademark Law

Copyright Law: A Discussion

Copyright is a branch of a very important part of the law that deals with the rights of intellectual creators. Copyright, however, protects only the form of expression of ideas, not the ideas themselves. Creativity protected by copyright is creativity in the choice and arrangement of words, musical notes, colours, shapes and so on.

The Copyright Act protects the copyright of the works/efforts of art from those who “copy”, that is, those who take and use the form in which the original work was expressed by the artist or author. With regard to the process and manner of creation of works protected by copyright, there are also opportunities for non-legal recognition of the “process” involved in the creation of an original work. For example, if a painter creates a unique new painting, he/she will gain in popularity and may even be able to establish a social and financial notoriety. Here too, newspapers will undoubtedly advertise the author’s success and document his/her path to notoriety.

The television stations will carry stories commemorating the author’s work and, in all likelihood, will document the story behind the creation. The painter can even receive offers to sell the painting, and the painter’s struggle or the time required to create this painting can dictate what the fair market value of the painting is when he/she decides to accept a particular offer. If the work is quite unique, or even pleasant despite its uniqueness, specialists in that particular style of painting can write articles describing the painter’s work, which could include notes on “the inspiration” that guided the painter in the creation of that particular work. The randomness of the public appeal and subjectivity involved in popularity trends in this IP sector serves to negate any need for a legal policy that provides legal protection determined by the approach used by the author to arrive at a specific outcome.

An Idea of the Trademark Law

The entire concept of trademark traces its roots from the ancient world, where artisans have cleverly crafted unique symbols in response to a growing need to establish the source of their products. With industrialization, the importance of trademarks has been widely recognized as market-oriented economies have begun to develop. Given that competing manufacturers and traders could offer consumers large varieties of products in similar categories, and that quality and price (among other characteristics) could vary, it became clear that “consumers should receive advice that will allow them alternatives and make their choice between competing products.

As a result, the products must be named, and the means of naming products on the market is precisely the brand. In trademark law, the idea “price paid” that is the approach or methodology to achieve intellectual property, which is the trademark, is somewhat relevant, albeit indirect, to the value of the brand. Consumers have the opportunity to choose between the different goods available on the market, trademarks encourage their owners to maintain and improve quality products sold under the concerned trademark, in order to meet the expectations of consumers. Thus, trademarks reward the manufacturer who consistently produces high quality products, which boosts economic progress. So here, the process to arrive at Intellectual Property is relevant to determine its protective capacity.

In order for the trademark owner to maintain his/her right to the trademark, he/she must continually operate to distinguish a company’s products or services from the products or services of other companies. The mark must also not be deceptive or violate public order or morality. These protectable features of the mark must be retained by the trademark owner in order to maintain the legal protection of the mark. The real criterion for determining trademark effectiveness is whether the consumer actually associates the concerned trademark with the source of the goods or services. While it is clear that there is in fact a process requiring the effort and ingenuity of the trademark owner to maintain the protection of his/her mark, apart from the requirement that the mark be distinguishable, the rest of the effort is concentrated.

The maintenance of coherence, or even an increase in the quality of the products or services provided, which is the requirement of trademark law to ensure and maintain protection, and which defines the value of the mark. This is, naturally and coincidentally, in the best economic and social interests of the owner. Thus, again, the process of arriving at the intellectual property, which is the distinguishing mark itself, is not relevant for determining its ability to protect as intellectual property. The mark could have been meticulously established, both physically and financially, but if it did not achieve the intended function of allowing consumers to associate the mark with its owner, no effort was invested in obtaining the mark. A mark cannot serve as a legal protection of the mark.

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