Beruflich Dokumente
Kultur Dokumente
06 October 2013
SOUMYA AHUJA
ADVOCATE & ATTORNEY
ATHREYA & ASSOCIATES, MUMBAI
INTELLECTUAL PROPERTY
RIGHTS
Creations
FORMS OF IP
INDUSTRIAL PROPERTY
1.
2.
3.
4.
5.
6.
PATENTS
TRADEMARKS
INDUSTRIAL DESIGNS
G.I.
TRADE SECRETS
INTEGRATED CIRCUITS
WHAT IS A COPYRIGHT
An exclusive right
Granted to an author
Protects original works of
authorship
Fixed in any tangible
medium of expression
PURPOSE
Advancement of Knowledge
Balancing the rights of copyright
owners with the rights of the public
for access to and use of works
WHY PROTECT ??
To prevent unauthorized reproduction
of an authors work
Give the owner the exclusive right for
a limited period to authorize or prohibit
certain use of his work by others
SCOPE OF PROTECTION
Original work independently
created by authors
Does not protect any idea, procedure,
process, system, method of operation,
concept, principle or discovery Unless fixed or expressed in a
tangible form
Work must be the result of at least
COPYRIGHT - HISTORY
First
REGISTRATION REQUIREMENTS
Automatic Protection
Registration not mandatory
Prima facie evidence in a court of law in
dispute
relating to ownership of copyright.
Registration invaluable to a copyright
holder who
wishes to take a civil or criminal action
against the
Principal Act:
The Copyright Act, 1957
&
The Copyright (Amendment )
Act, 2012
TYPES OF WORKS OF
AUTHORSHIP PROTECTED
Literary works
Musical works
Dramatic works
Pantomimes and choreographic works
Pictorial, graphic, and sculptural works
Motion pictures and other audiovisual works
Sound recordings
Architectural works
Ownership of copyright
The
EXCEPTIONS TO OWNERSHIP
BASIC RIGHTS
Negative
to
right
MORAL RIGHTS
The
right of publication.
The right of paternity.
The right of integrity.
ECONOMIC RIGHTS
Reproduction
Right.
Distribution Right.
Modification Right.
Public Performance Right.
Public Display Right.
DURATION OF COPYRIGHT
COPYRIGHT IN FOREIGN
WORKS
Provisions of this Act shall
apply to works published
and unpublished outside
the territory of India
WHAT AMOUNTS TO
INFRINGEMENT?
S. 51-Making infringing copies for sale or hire or selling or
letting them for hire;
-Permitting any place for the performance of works in public
where such performance constitutes infringement of
copyright;
-Distributing infringing copies for the purpose of trade or to
such an extent so as to affect prejudicially the interest of
the owner of copyright ;
-Public exhibition of infringing copies by way of trade; and
-Importation of infringing copies into India.-
experience
Anonymity
REMEDIES
CIVIL
A. Injunction
B. Damages or Accounts of Profit.
C. Delivery of Infringing copies and
damages
for conversion.
CRIMINAL
A. Imprisonment
of Accused.
B. B. Imposition of fine or both.
C. C. Seizure of Infringing copies and
delivery-up of infringing copies.
Ors.
(Respondents), The Appellants had alleged that the Respondents were publishing
and selling guidebooks that contained illegal and unauthorized reproduction of the
grammar exercises and keys from one of the Appellants leading publications
This publication, titled Advance English Grammar, was also followed in Guru Nanak
Dev University, Amritsar
However, a Single Judge Bench of Delhi High Court had dismissed this allegation,
holding that there was no originality or invention displayed in composing grammar
sentences or exercises and hence the Appellants work did not constitute original
literary, dramatic, or artistic works and hence the Appeal.
The Appeal bench affirmed the Single Judges decision that the Respondents book
cannot be considered to be infringing the copyright of the Appellant and dismissed
the appeal on the following grounds :
that the guidebook was held to be containing sufficient additional material apart
from the Appellants work;
there were also other differences in terms of pricing and the nature of the customers
likely to buy these two different books in terms of literary sophistication.
Contd.
Plagiarism
PLAGIARISM
COPYRIGHT PIRACY
PIRACY:
Cinematograph
Film
Sound Recording
Computer Software
Literary Works
Performers
Delhi High Court granted Reliance Entertainment a 'John Doe Order' to prevent
the illegal broadcast or streaming of its upcoming film, 'Bodyguard',
Order restrains websites, cable operators and Internet Service Providers (ISPs)
and others from infringing or violating Reliance's copyright by illegally showing
the movie
Enables an IP owner to serve the notice and take action at the same time against
anyone who is found to indulge into infringing the copyright of the movie
The name 'John Doe' is used as a placeholder in a legal action or case for any
person whose true identity is unknown- in this instance, a potential pirate
interested in illegally downloading or sharing prints of the film for which the order
has been obtained
Similar order was granted to the producers of the movie Singham, who claim that
it helped curb piracy by 33%
RELATED RIGHTS:
Performers
Producers
of Phonograms
Broadcasting organizations
Software Foundation(FSF)
Creative Commons(CC)
non-profit
organizationfounded
by
Richard Stallman
promotes the universal freedom to create,
distribute and modifycomputer software
software being distributed undercopyleft
("share alike") termssuch as with its own
GNU General Public License
CREATIVE COMMONS
ACTIVITIES
released
AIM
enable
COPYRIGHT SOCIETIES
Collective
administration of copyright
by societies is a concept where
management and protection of
copyright in works are undertook by a
society of owners of such works
FUNCTIONS OF A SOCIETY
Conditions
REGISTERED COPYRIGHT
SOCIETIES IN INDIA
IRRO
RESTRICTIONS ON PHOTOCOPYING,
SCANNING AND USE OF DIGITAL
COPIES (i.e. Limitations of IRRO
License)
The licensee must own an original and/or copyright fee-paid of any Licensed Material it copies or
scans under the terms and conditions of the license.
Licensee can make no more than 20 copies and not copy more than 10% or 1 chapter of any
publication per year whichever is the greater.
This license does not authorize any copying, dissemination, publication, communication or making
available to the public, selling repackaging or distribution, in any form, of Digital Copies beyond
the terms contained herein.
Digital Copies may not be placed on the publicly accessible World Wide Web or be linked to either
directly or indirectly by hypertext links (or the like) to any external or third party website.
Licensed copies may not be made or used for the delivery of education or training of any third
parties of the licensee but may be made and used for the training of the authorized persons
provided that the licensee shall not receive as consideration or any other form of remuneration.
The licensee shall not edit, manipulate, add or delete from Digital Copies nor shall it authorize to
do such act.
Where any work (including artistic work) appearing within Digital Material or Material Licensed for
Scanning incorporates, or has adjacent to it, the identity of the author or creator of the work, not
Digital Copies shall be made unless the copies incorporates the identity of such author or creator.