International copyright order

Copyright definitions
Copyright is a legal concept that grants authors
and artists control over certain uses of their
creations for limited periods of time.
Copyright owners can limit who may copy, change,
perform, or share their works.

Context requires to implement the

order
In this Order, unless the context otherwise requires: "Berne Convention Country" means a country which is
a member of the Berne Copyright Union
"Phonogram" means an exclusively aural fixation of a
performance or other sounds,
"Phonograms Convention Country" means a country
which has either ratified, or accepted, or acceded to the
Convention for the Protection of Producers of Phonograms
against Unauthorised Duplication of their Phonograms,
done at Geneva on the Twenty ninth day of October,
"Schedule" means the Schedule appended to this Order.
"Universal Copyright Convention Country" means a
country which has either ratified, or accepted, or acceded
to the Universal Copyright Convention,
"World Trade Organisation Country" means a country
which is a member of the World Trade Organisation and
which has either ratified, or accepted, or acceded to the

Agreement on Trade Related Aspects of Intellectual

Property Right, 1994.

Subject to the provisions of the

Copyright Act, 1957
to any work first made or published in a country
mentioned in Part I, II, III, IV or VI of the Schedule,
to any work first made or published in a country other
than a country mentioned in the Schedule,

to an unpublished work, the author whereof was, at the

time of the making or publication of the work, a national
or domiciled in any country mentioned in the Schedule

SCHEDULE
Berne convention countries which have ratified/accepted/
acceded to the 1971 text of the convention 136
countries
Berne convention countries which are yet to ratify/ accept/
accede to the 1971 text of convention 8 countries
Universal copyright convention countries which have
ratified/accepted/acceded to the 1971 text of the
convention 58 countries
Universal copyright convention countries which are yet to
ratify/ accept/accede to the 1971 text of the convention
36 countries
Phonograms convention countries 62 countries
The world trade organisation countries 137 countries

Basic Principles
It is a negative right,
It is a right with limitation
Temporal limitation
Permitted use or Fair use
Geographical Limitation
Compulsary Licenses
Copyright vests in original work and not on Ideas
Copyright is a bundle of rights
Economic rights:
Reproduction right, distribution right, public performance
right, broadcasting rights, etc.,
Moral right:
Right to Paternity (to claim authorship), Right to integrity
(to object to any mutation)
Neighbouring right:
Right of performers, Right of producers of Phonograms.

Case study
HAWKINS COOKER LTD. v. MAGICOOK APPLIANCES, 100
(2002) DLT 2008
Court ordered for perpetual injunction restraining the
defendants, their servants, agents etc. from using a get up of
label in relation to pressure cookers which is deceptively similar
to the label of the plaintiff (complainant) having distinctive
features and registered under the provisions of the Copyright

Act, 1957. The defendants were also restrained from dealing

with the cook books of the plaintiff company and were directed
to deliver up to the plaintiff company for destruction all such
pressure cookers and books complained against and all
accessories and articles employed by the defendants in the
manufacture of the offending goods which are in the custody,
power, possession and control of the defendants. The plaintiff
company is also entitled to damages arising upon the rendition
of accounts by the defendants.