Blogging and intellectual Property

A blog is a brainchild of the blogger and he would definitely wouldn't want anyone to steal his idea and hard work that actually went into developing it. To thwart the unwanted attention, a blogger must be aware of legal techniques he can incorporate to protect his blog and creative expression.

Commonly the blog owners are unaware of the legal aspect of their blog, and they eventually land up in the murky waters from which they have no alternative other than to lose their brainchild.

This article will provide you with an insight on how to make your blog legally sound and active.

To protect your blog from such unwanted attention you have a number of options, such as Trademark, copyright and in certain cases even Patent.

But, the question that now arises is what are the alternatives that as a blog owner you should opt for.

As you can be aware of Patent, Trademark and Copyright but to have a sense of understanding about them and how to achieve their intended purpose is simply not something every blogger understands.

Copyright

Copyright protection is the protection that is attributed to the skill and labour of the person employs in developing the work. It is actually the work that receives protection as copyright does not protect ideas but the original expression of such ideas.

So for protection of content immediately aim at publishing terms and conditions on your blog along with any kind of disclaimers that are to be presented.

Fundamental Principles

Copyright is an automatic right this means that any content that is published on your website or blog will obtain copyright protection automatically, but that doesn't mean that there is no need of obtaining registration for the same.

As without copyright registration you just have a right to send cease and desist notice to the website or the person representing your content as theirs.

but when it comes to filing a case against such person registration comes in handy.

Take Away

So the key point is that whatever you publish on your account receives protection whether it is e-book, music notes, photos or any kind of content that is an original expression of your idea.

The key point to keep in mind while working on your ideas is whether you can obtain registration for it or not. 

So always remember any kind of artistic, literary, musical work that is published on your blog can obtain registration conditionally that the work published is 'original.' 

Trademark

Whether your blog needs trademark protection or not depends upon the need of your blog. If your blog name is unique and catchy, it is apparent that your blog would require such protection.

Trademark is protection for your intellectual property in context to its commercial use. So when it comes to registration of your blog name you definitely have a right to obtain a trademark registration.

As in today's environment, it is apparent that blog is brand and a commercial opportunity for the bloggers as was seen in the case of Huda Beauty who started as a blogger but now runs a brand that world-renowned and the blogger herself is considered the most influential makeup blogger.

You can register your blog name stating any commercial use of the name in future. This will safeguard your blog name from any possible threat of theft for your blog name.

Trademark registration is no longer a hassle as the Indian government provides online registration services for intellectual property(patent, trademark and copyright) so blogger could easily obtain a trademark registration. 

Patent 

Patent protection for the blog is somewhat a difficult and complicated task as patent is granted to inventions and not ideas.

Moreover, if working of the invention is placed on the blog you can defiantly not obtain patent registration as the basic necessity for patent protection is that the invention should not be published anywhere around the world.

'"Novelty" is an irreplaceable requirement for patent protection.

Hence, patent registration is not considered a feasible option.

But, if you think that patent is necessary first go for patent protection and then opt for publishing the details on the website. A simple application for patent registration will suffice.

If you want to publish about the invention urgently, then follow the steps above.

Conclusion

IP creation and protection are the most important aspect for your website or blog so remember to protect it and let your mind run gamut in coming up with new ideas without worrying about any possibility of threat in future.

But keep in mind the article above is just advice and if you face any problem go for attorney advice immediately.

 

Ritu Paran 
on 19 September 2019
Published in Corporate Law
Views : 413
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