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Understanding Trademark and Patent Strategies

Learn how trademarks and patents protect and promote entrepreneurship for business in this free online course.

Publisher: NPTEL
Trademarks and patents are two of the fundamental themes of Intellectual Property (IP). In this free online course, you will learn about trademark and their various classifications and types, along with the online application. Discover the world of patents and the criteria for patent application. Case studies will highlight practical aspects of the concepts, and infringement will be discussed, along with the remedies available.
Understanding Trademark and Patent Strategies
  • Duration

    6-10 Hours
  • Students

    174
  • Accreditation

    CPD

Description

Modules

Outcome

Certification

View course modules

Description

In this world of cut-throat competition among businesses, a new battleground is emerging for entrepreneurs, Intellectual Property. This course covers two of the fundamental themes of Intellectual Property, notably trademarks and patents. You will learn that “trademark” is the oldest form of Intellectual Property. Words such as Tata or Microsoft are world renown trademarks. Marks may include a device, a signature, or a single letter. Numerics or a combination of colours are likewise seen as marks. A trademark should be distinct and not be deceptive, and it should describe the quality, the geographical origin, or the purpose of the business. A trademark should be “capable” of being “not incapable” of distinguishing goods or services of one undertaking from those of another. A trademark should be unique to your particular business. Contrary to other forms of Intellectual Property, a trademark never expires, and there are four steps for trademark registration. You will be taught how to make a trademark search and application, with a specific emphasis on trademark filing. Trademark examination will also be covered.  

The term patent is an exclusive right granted by the state to the owner of an invention. They can make, sell, use or manufacture the invention. The life of the patent is twenty years. A patent is a territorial right, though there is an international organisation dedicated to the matter. There are many criteria for a patent application, which includes novelty, non-obviousness, and industrial application. It is worthy to note that novelty is by far the most important criteria for a patent application. The challenging part of a patent, “claims”, will be debated. As the final part of a patent document, claims are significant. As an entrepreneur, you must make sure that your claims are drafted correctly. It is worthy to note that the patent and the trademark are subject to infringement.

Finally, you will explore both trademark infringement and patent infringement. Trademark infringement is the unauthorised use of a mark or reference to goods or services. Where there is infringement, there must be confusion in the public’s minds, and the chaos is likely to get you bewildered with the two marks. The breach can be direct or indirect. Upon trademark infringement, you may take legal action for remedies, either a civil action or a criminal one. Likewise, patent infringement occurs when a competitor makes, uses, offers, and sells or imports an invention without the patent owner’s permission. You will learn that there are two types of patent infringement, direct infringement and indirect infringement. Licensing is one way to solve the problem of patent infringement.  However, out of court settlement is favoured. Case studies will help you better understand the practical aspects of trademarks and patents, along with the related infringement. This course will be of great interest to any business person. Students, entrepreneurs and leaders of start-ups will find this course particularly interesting and inspiring. Start this course today and clarify your understanding of Intellectual Property, trademarks and patents.      

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