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IPRs are such legal rights which are given to a person’s discovery, invention, artistic and literary

works. Symbols, process or designs. There are certain exclusive rights which are granted to the
person who own the IP s that they are able to use their property without any interference and can
protect the misuse of it.

Copyright is a type of IPR which is granted to the developer of any dramatic, literary, artistic, and
dramatic and to the producers of cinematographic films and sound recording.

There are certain exclusive rights given to the owner. All the issues related to the copyright are
regulated under Copyright Act, 1957 which has been amended twice firstly in the year 1994 and
later in 2002. There are some circumstances under copyright cannot be granted like:

 Copyright cannot be said to be violated if the idea or concept of any person is used in a
different manner
 Copyright is not granted for ideas
 Copyright is not granted in live events.

Therefore the work must be original for getting it protected by the copyright.

In this article, we will be mainly focussing on the protection of Software Programs as intellectual
property in various countries.

Software programmes are included under ‘literary work’ according to the Copyright Act, 1957. Under
the copyright Act, literary work includes computer programmes, tables and compilations including
computer database in any tangible form.

For getting a software copyrighted in India, the programme must be simply produced on a tangible
medium like ROM, diskette, magnetic tape etc. once it is produced on a tangible medium, it
becomes competent for copyright protection.

COPRIGHT IN PROGRAMS; EXCLUSIVE RIGHTS

There are certain exclusive rights which are granted to the producer of a computer programmes
which are:

 RIGHT TO REPRODUCE

It is one of the most eminent right which is obtained once the copyright is granted to the owner. This
right basically allows the copyright owner to create copies of the work so protected in any
commercial benefit made out of it. In case of computer programmes to reproduce the work in any
material or electronic form.

 RIGHT TO DISTRIBUTE

The owner of the copyright can distribute his work to any person and in any manner he desires fit.
He is eligible to transfer either whole rights or some right to any other person.

 RIGHT TO PERFORM IN PUBLIC

The copyright owner has the right to publicly perform his work i.e. it involves making the work
accessible or available to the public.
If any of the above mentioned rights of the owner of the copyright are violated, then he can fie a suit
against the persons who violate their rights.

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