Both copyright and trademarks are intellectual property rights which help theirowner/inventor/developer to enjoy the use of their innovation for a limited time. Businessesthat want to register intellectual property must identify how they differ, and then get thenecessary registrations to safeguard their respective intellectual property rights. A right tocopyright is accorded to authors of literary, musical, dramatic, artistic and film and soundrecording productions. No names and brands, no slogans or short words or short phrases, nostorylines, procedures or factual facts are protected under copyright. Copyright does not alsocover concepts or ideas. The copyright of sound recordings, the cinematographic andcomputer software are therefore utilized to safeguard the originality of individuals such aswriters, painters, dramatists, designers, artists, architects, producers. A trademark is a phraseor a visual sign used by any business to identify its goods or services from other comparablegoods or services which may come from another company. The applicant must submit atrademark request for the registration of a trade mark in the required format to the appropriateTrademark Registrar. The brands, company names, slogans and much more are typicallyemployed to protect trademarks.THE DISTINCTIONS BETWEEN COPYRIGHT AND TRADEMARK IN INDIA ISAS FOLLOWS: Applicable Law:Trademarks Act, 1999 is applicable to the Trademarks and is protected by thesame whereas on the other hand the Indian Copyright Act, 1957 is applicable tothe copyrights and is protected by the same. Usage:The literary, musical, theatrical and creative production is usually protected by acopyright, including films and sound recordings. The Copyright Act can registereverything of a software or a program or tables and databases as a literary work onthe other hand trademarks are typically used to protect brand names, businessnames, slogans and more by people, business and non-commercial institutions, butan idea or software or concept cannot be trademarked.

 Registrar:The Copyright Office, the Higher Education Department and the Ministry for thedevelopment of human resources supervise the assessment and acceptance of acopyright application on the other hand the Controller General of Patents, Designsand Marks, Ministry of Commerce and Industry shall monitor and accept anapplication for a trademark. Validity:The general rule is for copyright is to last 60 years. Copyright: The term for the60-year period is calculated from the year after the author's death for an originalliterary, theatrical, artistic and musical works. The term of 60 years must becalculated from the date of publishing for a movie, photo, sound recording,posthumous publications, anonymous and pseudonymous publications, thegovernmental activity, and the work of international organizations on the otherhand registration of trademarks must be effective for 10 years from the date ofsubmission. By submitting a trademark renewal application this validity might beincreased at the end for 10 years. Importance:Any other person utilizing your invention without authorization is protected bycopyright on the other hand a trademark is created to make your business, mark orsymbol unique and distinctive. Applicability:Copyright is applicable all around the globe as it protects and applies to creationsin art and literature on the other hand trademark is restricted to a certain region. Requirements to be Protected:A work must be original, creative and fixed in a tangible medium to be able to getprotection under Copyright law on the other hand to avail protection under thetrademark law a mark must be distinctive (i.e., that is, it must be capable ofidentifying the source of a particular good). Rights Granted:The rights provided under the copyright are to regulate the reproduction, creationof derivative articles, distribution and public presentation and display of thecopyrighted articles whereas on the other hand the rights granted under thetrademark are right to use the mark and to prevent others from using similar marks

in a way that would cause a likelihood-of-confusion about the origin of the goodsor services.

EXCEPTIONS TO THE COPYRIGHTLimitations and exceptions to copyright laws are provisions which authorize the use ofcopyrighted artworks for public interest purposes without prior permission or permission ofthe owner. In general, copyright limits and exemptions are subject to a 3-step test laid out inthe Bern Convention on literary and creative protection. A restriction or exemption tocopyright is only permitted under the Berne Convention if- Special cases covered. Is not in conflict with the routine use of labor. The legitimate interests of the author are not arbitrarily prejudiced.The Fair Dealing Doctrine is an exemption to legislation, which normally protects any workdeemed as copyright by the Indian Copyright Act, 1957 ('Act'). The legal theory allows aperson to utilize any work protected under the Act with restricted use of the work such thatthe sanctity and originality of the work, and the registered owner of the work, are maintained.The definition of "fair dealing" varies on many conditions and facts. In India, the Court isusing fundamental common sense to assess on a case-by-case basis what can become a fairdeal. Copyright is a major limitation of the copyright owner's exclusive right. The court hasinterpreted the effect of it on the copyright owner on a number of occasions. Where there areno major economic impacts, the usage can be fair deal. The fair nature of the dealing dependson the following four factors: the purpose of use; the nature of the work; the amount of the work used, and the effect of use of the work on the original.For some activities that are not in breach of copyright or deemed copyright infringingexemption is offered by Article 52 of the 1957 copyright law in India. In particular, it is not asoftware for computer applications that fairly deal with a literary, musical, dramatic oraesthetic piece for the reasons of:

 Standard limits and exceptions range in scope and quantity from country to country. Together with research, private usage. Criticism or review. Current events being reported in any press media. By a film, or by broadcasting, or by any photography. Reproduction of the judiciary or judicial procedure report. Publishing or replication in any piece produced by the Legislative Secretariat of amusical, literary, dramatic or creative work. The replication, in a certified copy created, in conformity with or provided for in forcein any legislation, of any literary, musical or dramatic work. The publishing in the collection, comprised mostly of non-copyright, is authentic forthe benefit of education. Sound making if done with or via a license or agreement of the right owner in thework.CONCLUSIONCopyright and Trademarks are both intellectual property rights which help theirowner/inventor/developer to enjoy the use of their innovation for a limited time. Businessesthat want to register intellectual property must identify how they differ, and then get thenecessary registrations to safeguard their respective intellectual property rights. The criteriato establish the fair use of such work as a copyrighted work is actually different from oneinstance to another, since such circumstances are more important than the legislation per se.Although in the Indian situation, Section 52 of the Copyright Act in 1957, the governmenthas tried to make this idea legislation more flexible and accurate, for the time being, it is thepublic which is legitimate to rely on this provision. India has been successful for now sincethe idea that the entire copyright protection exception is to create a creativity and growth thatcan be transformed and articulated in many other ways in order to encourage people toachieve this degree of creativity by taking careful account of the original copyright work.