Business Actors Need To Know the Difference Between Trademarks and Patents

Business actors often mention “Patent a Trademark”, apparently this term is not quite right because trademarks and patents are two different things. In some cases, business actors are still confused about determining the right intellectual property that has to be registered for their products. Trademarks itself are regulated in Act Number 20 of 2016 on Trademarks and Geographical Indications, while Patents are regulated in Act Number 13 of 2016 on Patents.

Trademarks mean any sign capable of being represented graphically in the form of drawings, logos, names, words, letters, numerals, color arrangements, to distinguish them from other products. In contrast, patents are exclusive rights granted by the state to inventors for their inventions in technology.

1. The Period of trademarks is valid for 10 years and can be extended for 10 years with a maximum of 6 months before the period of mark ownership ends. However, the period of patents is 20 years and cannot be extended, while for simple patents the period is 10 years and cannot be extended.
2. The Function of trademarks is to distinguish them from other products so that the trademarks must be specially made and truly unique. Trademarks also may not be similar to other trademarks, both from the mentioning and arrangement of the word. Trademarks that have similarities either essentially or entirely cause the trademarks cannot be registered. Meanwhile, the function of patents is to protect recent inventions in the field of technology, so that patents only focus on technology. As explained above, patents are only granted to inventors to protect their inventions.

In a product, there can be several intellectual property rights that need to be protected. For example, mobile products, for one mobile product, there can be several intellectual property rights such as a mark for the name and logo of the cell phone, and a patent for the technology used in the cell phone system. Nevertheless, it can also be copyrighted if the cell phone company creates artwork for advertising its products.

From the explanation of the differences in intellectual property rights above, business actors must begin to understand the need for intellectual property rights registration of their products. Whether the product must be registered with a patent, or only requires a mark registration.

 

Author: Anggi Chaesarina/ Frederik Yu