MY VIEWS ABOUT IP?

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IF YOU DON’T SEE A PROBLEM WITH BELOW
QUESTION, YOU DEFINITELY NEED THIS CLASS!

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The Basics of Intellectual Property Law, By : A. David Spevack, Office of Naval Research
INTELLECTUAL PROPERTY
• AN INTANGIBLE PERSONAL PROPERTY RESULTING FROM
MENTAL PROCESSES
• PROTECTION OF THE OWNERS RIGHT TO PROTECT OR
PROFIT FROM THE USE OF HIS OR HER PROPERTY

• TANGIBLE PROPERTY
• LAND, HOUSES, ESTATE, CAR

• INTANGIBLE PROPERTY
• INTELLECTUAL PROPERTY
• INTANGIBLE WEALTH, ONCE CREATED THE MARGINAL COST
OF REPRODUCTION IS NEGLIGIBLE

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WHY IP PROTECTION?

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TYPES OF INTELLECTUAL PROPERTY

Patents

Trade
Trademarks
Secrets

IP
Service
Copyrights
Marks

Geographical
Indicators

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 T®ADEMARKS™

Trademarks are distinctive signs, used to differentiate between

identical or similar goods offered by different producers or service
providers

Trademarks may be one or a combination of

• Words
• Letters
• Numerals
• Drawings
• Symbols
• Three-dimensional signs
• Audible signs
• Fragrances
• Colors

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EXAMPLE FOR TRADEMARK
AVIATION FACES AN OWNERSHIP TITLE RISK AS TATA MOTORS
HAS CLAIMED THAT THE CARRIER'S USE OF THE INDIGO NAME
IS AN INFRINGEMENT OF ITS TRADEMARK. INDIA'S BIGGEST
AUTOMAKER BY REVENUE FORAYED INTO SEDANS UNDER THE
INDIGO BRAND IN 2002 WHILE INTER GLOBE COMMENCED
OPERATIONS IN AUGUST 2006.

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 T®ADEMARKS™

All names provided are trademarks of the respective trademark owners,

and may be registered under one or more trademark offices.

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SERVICEMARKSSM

Servicemarks are distinctive signs, used to differentiate between

identical or similar services offered by different producers or
services providers

• Holiday Inn
• Crowne Plaza
• Priority Club

These are some of the service marks owned by Inter-Continental

Hotels Group Inc., its subsidiaries or affiliates in different
geographic locations

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SERVICEMARKSSM

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TRADE SECRETS
Some sort of information that:
• is not generally known to the relevant portion of the public
• is the subject of reasonable efforts to maintain its secrecy
• confers some sort of economic benefit on its holder
• may be used to obtain an advantage over competitors or
customers

May be a
• Formula
• Practice
• Process
• Design
• Instrument
• Pattern
• Compilation of information

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GEOGRAPHICAL INDICATORS

Geographical Indicator (GI) is a sign used on goods that

• Have A Specific Geographical Origin

• Possess Qualities or A Reputation That Are Due To That

Place Of Origin

• Can Be Used For Agricultural, Natural, Manufactured Goods,

Goods of Handicrafts, Industrial stuff or Food Stuffs

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GEOGRAPHICAL INDICATORS

DARJEELING TEA NAGPUR ORANGES

KULLU SHAWL MYSORE SILKS

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 PATENTS

The term "patent" originates from the Latin

word patere which means "to lay open" (i.e.
make available for public inspection)

Patent provides a set of exclusive rights

granted by a state to a patentee for a fixed
period of time

Encompasses any new and useful

• Process
• Machine
• Article of Manufacture
• Composition of matter
• Also included are any new and useful
improvements thereof

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PATENT CAN BE DEFINED AS:

Patent is an exclusive right

granted by the Government of a particular country to an
inventor/applicant
“to exclude others from making, using, offering for sale, or
selling the invention throughout that country or importing
the invention into that country”
for a limited period of time
in exchange for public disclosure of the invention when the
patent is granted

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COPYRIGHTS

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©OPYRIGHTS

Article 2(1) of the Berne Convention

protection must be provided to

“every expression and production in the literary,

scientific and artistic domain, whatever may be the
mode or form of its expression”

For example:

• Computer software is copyright protected

• Books or articles are copyright protected
• Even titles of movies are copyright protected

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EXAMPLES OF COPYRIGHT

MOVIE TITLES
SONG LYRICS

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ACTS OF COPYRIGHT

India’s first Copyright Act was founded in 1957.

Till now, it has been significantly amended.

Latest act was passed in 2012 as-

COPYRIGHT AMENDMENT BILL, 2012

It is now in compliance with the World Intellectual Property

Organization “Internet Treaties” with 94 members

The Copyright Act, 1957 had been amended five times prior to
2012, once each in the years 1983, 1984, 1992, 1994 and 1999, to
meet with the national and international requirements

Recently in 2016, again some rules were amended

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AMENDMENTS IN COPYRIGHT ACT

The amendments introduced through Copyright (Amendment) Act can

be categorized into:

1. Amendments to rights in artistic works, cinematograph films and

sound recordings

2. WCT and WPPT related amendment to rights

3. Author-friendly amendments on mode of Assignment and Licenses

4. Amendments facilitating Access to Works

5. Strengthening enforcement and protecting against Internet piracy

6. Reform of Copyright Board and other minor amendments

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 COPYRIGHT HOLDER

The copyright holder is typically the work's creator, or a publisher or

other business to whom copyright has been assigned

Copyright holders routinely invoke legal and technological measures

to prevent and penalize copyright infringement

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 COPYRIGHT INFRINGEMENT

Copyright infringement is the use of works protected by copyright

law without permission, infringing certain exclusive rights granted
to the copyright holder such as:

the right to reproduce, distribute, display or perform the protected

work, or to make derivative works

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COPYRIGHT INFRINGEMENT

Legislators have long characterized copyright infringement as piracy

or theft

More recently, the term freebooting has been used to describe the
unauthorized rehosting of online media, particularly videos

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 COPYRIGHT INFRINGEMENT

Copyright infringement disputes are usually resolved through direct

negotiation, a notice and take down process, or litigation in civil court

Large-scale commercial infringement, especially when it involves

counterfeiting, is sometimes prosecuted via the criminal justice
system

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TIMELINE FOR COPYRIGHT PROTECTION

THE COPYRIGHT PROTECTION FOR AN AUTHOR OR A

PHOTOGRAPHER IS 60 YEARS PLUS AGE OF THE PERSON,
IF HE/SHE IS ABLE TO PROVE THAT SUCH PIECE OF ART WAS
NOT AVAILABLE IN THE LITERATURE

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES
3 Idiots and Five Point Someone (2009)

Chetan Bhagat claimed that in the pre-release publicity and even

post the movie, the makers of the movie made statements to the
effect that the movie was not really based on the book and that it
was “original”

Most damagingly perhaps, the makers claim that the movie was
only based on the book to a extent of 3-5%

Chetan Bhagat expressed his unhappiness over not getting due

credit for the film's story

According to the makers of movie: A contract was signed, which

clearly said that Chetan will be given credit in the rolling credit,
which comes at the end of the film

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES

Also he was paid 11 lac Rs. for the same

3 Idiots and Five Point Someone – Section of Law

Section 57 of the Indian copyright act vests every author with the
right to insist that their works be attributed to them. And this
right exists independent of the “economic” right to exploit the
work.

In this case Author didn’t pursue the case, so it is said may be it

was a publicity stunt…..

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES
Singers protest ‘feudal’ contract (2013)

ISRA (Indian Singers Rights Association) and the music

companies war grew uglier, when singers like Shreya Ghoshal,
Shaan, Neeti Mohan, Nikhil D'Souza, Arijit and Kailash Kher joined
Sonu Nigam for fight against royalties.

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES

Singers protest ‘feudal’ contract (Section of Law)

Section 39(A) states that as per Section 18 and 19, "the right to
royalty cannot be assigned or waived by the performer except to
the legal heir of the performer or to a Copyright Society (in this
case is ISRA) and any agreement to the contrary shall be void".

While the playback fraternity is campaigning to enforce these

clauses, Bhushan Kumar (Owner of T-Series) argued that the
agreements, which the producer community has adopted, are in
accordance with the provisions of the Copyright Act 1957 and so
not illegal.

"If there is any difference of opinion on the interpretation of the

law, the same can only be settled by a court of law," he asserted.

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 COPYRIGHT ACT CASES WITH LIVE EXAMPLES

Publishers lose
copyright case against
DU’s photocopy shop

On Sep 16, 2016 The Delhi high court dismissed suits by three
international publishers against the sale of photocopied books and
pages in Delhi University, a landmark verdict likely to have a wide-
reaching impact on copyright laws in India

In Nov 2012, the court had banned the iconic Rameshwari Photocopy
Service located near the Delhi School for Economics in north campus
on a petition moved by publishers including University Press,
Cambridge University Press and Taylor & Francis.

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES

Publishers lose copyright case against DU’s photocopy shop

The international publishing giants had alleged that the kiosk was
violating their copyright and “at the instance of Delhi University”
was causing huge financial losses as students stopped buying
their text books.

But Delhi University supported the photocopiers, saying the use of

reproduced copyrighted books by student was a “reasonable
educational needs” and should not be treated as infringement.
Students also rallied behind the kiosk, saying most of the books
were too expensive.

The university argued that calling reproduction of copyrighted

books for educational purpose as infringement was “wrong.”

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES
Publishers lose copyright case against DU’s photocopy shop

Under the copyright Act, 1957, there are exemptions on “fair use”
of work including educational purpose from the purview of
infringement, it had said.

The photocopy of copyrighted books at the university’s campus

were done by students for preparation of their course and was not
meant for commercial exploitation.

“Copyright laws are meant to balance public and private interests

but in recent years, the public interest has been eroded due to
lobbying”.

The HC has restored that balance,” said Shamnad Basheer,

intellectual property law expert

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 COPYRIGHT ACT CASES WITH LIVE EXAMPLES
Rogers vs. Koons

Photograph: Art Rogers – 1985; Polychrome: Jeff Koons – 1988

(both via The Design Observer Group)

Photographer Art Rogers shot a photograph of a couple holding a

line of puppies in a row and sold it for use in greeting cards and
similar products.
Internationally, renowned artist Jeff Koons in the process of creating
an exhibit ran across Rodgers’ photograph and used it to create a
set of statues based on the image.

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COPYRIGHT ACT CASES WITH LIVE EXAMPLES
Rogers vs. Koons

Koons sold several of these structures, making a significant profit.

Upon discovering the copy, Rodgers sued Koons for copyright.
Koons responded by claiming fair use by parody.

Outcome

The court found the similarities between the 2 images too close, and
that a “typical person” would be able to recognize the copy.

Koon’s defense was rejected under the argument that he could have
used a more generic source to make the same statement — without
copying Rogers’ work.

Koons was forced to pay a monetary settlement to Rodgers.

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 COPYRIGHT ACT CASES WITH LIVE EXAMPLES
The Associated Press vs. Fairey
Famous street artist Shephard Fairey
created the Hope poster during
President Obama’s first run for
presidential election in 2008.
The design rapidly became a symbol
for Obama’s campaign.

Photograph: Mannie Garcia – 2006 (via The New York

Times); Poster: Shephard Fairey – 2008 (via Wikipedia)

In January 2009, the photograph on which Fairey allegedly based

the design was revealed by the Associated Press as one shot by AP
freelancer Mannie Garcia — with the AP demanding compensation
for its use in Fairey’s work.

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 COPYRIGHT ACT CASES WITH LIVE EXAMPLES
The Associated Press vs. Fairey
Fairey responded with the defense of fair use, claiming his work
didn’t reduce the value of the original photograph.
Outcome
The artist and the AP press came to a private settlement in
January 2011, part of which included a split in the profits for the
work.
Significance
Though there wasn’t a court case and an actual verdict, this case
created a lot of discourse around the value of work in these
copyright battles.
It’s unlikely that Garcia’s work could have ever reached the level of
fame it did, if not for Fairey’s poster, but Garcia’s had a problem with
the fact that Fairey took the image without permission and without
credit for it’s originator.

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 COPYRIGHT ACT CASES WITH LIVE EXAMPLES
Accessing blocked torrent
sites in India now comes
with three-year-jail warning
As on Aug 22, 2016

Some torrents websites, which are blocked, flash a warning note

telling users that logging on to such websites is a criminal offence
and carries punishment.

Any person who is aggrieved by such a ban can approach the

relevant High Court or authority.

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THE WARNING READS, “IF YOU VISIT ANY SUCH BLOCKED
WEBSITE, THE EXACT WARNING WILL READ AS FOLLOWS:
THIS URL HAS BEEN BLOCKED UNDER THE INSTRUCTIONS OF THE
COMPETENT GOVERNMENT AUTHORITY OR IN COMPLIANCE WITH THE
ORDERS OF A COURT OF COMPETENT JURISDICTION. VIEWING,
DOWNLOADING, EXHIBITING OR DUPLICATING AN ILLICIT COPY OF THE
CONTENTS UNDER THIS URL IS PUNISHABLE AS AN OFFENCE UNDER THE
LAWS OF INDIA, INCLUDING BUT NOT LIMITED TO UNDER SECTIONS
63, 63-A, 65 AND 65-A OF THE COPYRIGHT ACT, 1957 WHICH
PRESCRIBE IMPRISONMENT FOR 3 YEARS AND ALSO FINE OF UPTO
RS. 3,00,000/-. ANY PERSON AGGRIEVED BY ANY SUCH BLOCKING OF THIS
URL MAY CONTACT AT URLBLOCK@TATACOMMUNICATIONS.COM WHO WILL,
WITHIN 48 HOURS, PROVIDE YOU THE DETAILS OF RELEVANT PROCEEDINGS
UNDER WHICH YOU CAN APPROACH THE RELEVANT HIGH COURT OR
AUTHORITY FOR REDRESSAL OF YOUR GRIEVANCE.”

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 COPYRIGHT ACT CASES WITH LIVE EXAMPLES

Event organisers to pay

royalty to use copyrighted
songs: Delhi HC
Decision on Jan 3, 2017

Any event organiser, if using copyrighted music or songs in a party,

would have to inform the copyright societies which will issue an
invoice for payment of royalty along with proof of their rights as per
an interim arrangement arrived at in the Delhi High Court between a
firm and three such societies, Indian Performing Right Society
(IPRS), Phonographic Performance Ltd (PPL) and Novex
Communications Pvt Ltd
Court has also ordered the societies to "upload on their respective
websites the (copyright) assignment deeds along with the list of
songs pertaining to such assignment deed".

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 SEARCH ENGINES

The Indian Site for Search:

http://www.ipindia.nic.in/

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 SEARCH ENGINES

The Indian Site for Search:

http://copyright.gov.in/

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 FAQS

Ques: Where I can file application for registration of copyright for a

work?

Ans: The Copyright Office has been set up to provide registration

facilities to all types of works and is headed by a Registrar of
Copyrights and is located at 4th Floor Jeevan Deep Building , New
Delhi- 110 001.
The applications for registration of works can be filled at the counter
provided at the Copyright Office from 2.30 P.M. to 4.30. P.M. from
Monday to Friday.
The applications are also accepted by post.
On-line registration through “E-filing facility “ has been provided
from 14th February 2014, which facilitates the applicants to file
applications at the time and place chosen by them.

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 FAQS
Ques: What is the procedure for registration of a work under the
Copyright Act, 1957?

Ans: The procedure for registration is as follows:

a) Application for registration is to be made on Form IV ( Including
Statement of Particulars and Statement of Further Particulars) as prescribed
in the first schedule to the Rules ;
b) Separate applications should be made for registration of each work;
c) Each application should be accompanied by the requisite fee prescribed in
the second schedule to the Rules ; and
d) The applications should be signed by the applicant or the advocate in
whose favor a Vakalatnama or Power of Attorney has been executed. The
Power of Attorney signed by the party and accepted by the advocate should
also be enclosed.
e) The fee is either in the form of Demand Draft,Indian Postal Order favoring
"Registrar Of Copyright Payable At New Delhi" or through E payment
Each and every column of the Statement of Particulars and Statement of
Further Particulars should be replied specifically.

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Copyright protection in today’s digital environment, can lead to:

 penalties for circumvention of technological protection

measures and rights management information
 liability of internet service provider
 introduction of statutory licences for cover versions and
broadcasting organizations
 ensuring right to receive royalties for authors, and music
composers
 exclusive economic and moral rights to performers
 equal membership rights in copyright societies for authors and
other right owners

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49
Thank You

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