Brand Not Patent So Vice Versa

Yanuarius Viodeogo

When I post news about Bensu brand disputes, not a few friends comment and send a short WhatsApp message to me.

However, interesting from their comments, some consider the brand is a patent and the patent is a brand.

Whereas brands and patents are different.

Again, two not-so-similar notions at all. Brands are not patents and vice versa.

The law also gives a different portion of the meaning of the two words. Brand and patent laws are also separate, with nothing to do with it at all.

The laws are different numbers and years.

So, if we want to register a brand, then it is wrong when we want to register the brand through the patent line.

In-Law No. 20/2016 about Brands in article 1 of the brand is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers of color arrangement in the form of two-dimensional or 3-dimensional.

Coverage of brands such as dimensions, sounds, holograms or a combination of 2 or more to distinguish goods or services produced by persons or legal entities in the trading activities of goods or services.

So, when you want to trade already make a logo and name do not plagiarize other people’s brands.

The brand you create consists of the name, word, short letter of the word is appropriately mentioned in the Act if it is not a technological finding then not a patent.

Another sense of patent. There are laws that provide explanations about patents.

Law No. 13.2016 on Patents in article 1 states patents are exclusive rights granted by the state to inventors for the results of their inventions in the field of technology for a certain period of time carrying out the invention themselves or giving consent to other parties to carry it out.

The definition of invention is the inventor’s idea of specific problem solving or refinement and development of a product or technological process.

Who’s the inventor?

An inventor is one or more people who carry out ideas that are poured into activities that produce inventions.

Well, here interesting also is when the state gives exclusive rights to inventors then known as a royalty.

The State provides the reward given for the use of patent rights.


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