INTRODUCTION[/b]
The term “intellectual property” relates to the creation of human mind and human intellect. In other words, intellectual property relates to the pieces of info, which can be incorporated in tangible objects at the same time in unlimited number of copies of different locations anywhere in the world. The intellectual property Right does not vest in those copies but in the info contained in those copies. Intellectual Property Right is also characterized by certain rights as well as certain limitations such as right to use and license and also with limited durations in certain Intellectual Property Rights.
A trademark copyright, copyright or a patent right are the important IPRs. They are known as Incorporeal Assets. As patents, copyright and trademarks represent title to property; they can be sold or assigned by the owner or holder thereof to another person in accordance with law. The most important objective of IPR is to serve as a powerful incentive for entrepreneurs to invest resources into creating ideas and inventions. In this way research and development is encouraged. Further, it encourages the dissemination of useful info for further research for the benefit of society.
COPYRIGHT ACT,1957[/b]
Meaning of Copyright[/b]
Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It also extends to sound broadcasting and cinematographic films; Copyright protection is limited to author’s particular expression of idea, process, and concept in a tangible medium. However, law permits fair use.
To be copyrighted, a work must show certain minimum levels of creativity and originality. Copyright protection is not granted for abstract idea nor can facts be copyrighted. Only author’s manner of expressing the idea or compiling the facts can be copyrighted.
Definition of Copyright [Sec .14][/b]
Section 14 of the Act defines the term ”copyright” as to mean the exclusive right to do or authorize the doing of the following acts in respect of a work or any substantial part thereof
Works in which copyright subsists and works in which copyright does not subsist [Sec.13][/b]
Copyright subsist throughout India in following classes of works:[/b]
1) Original literary(including computer programme),dramatic, musical and artistic works;
2) Cinematographic films;
3) Sound recordings.
However, copyright shall not subsist in any work specified in above unless the following conditions are satisfied:[/b]
1) In the case of published work, the work is published in India as where the work is first published outside India; the author is at the date of such publication. Or in case the author was dead on the date of publication, was at the time of death, citizen of India;
2) In the of unpublished work other of architecture, the author is at the date of making the work a citizen of India or domiciled in India;
3) In the case of a work of architecture, the work is located in India.
Copyright shall not subsist in the following works:
1) In any cinematographic film/ if a substantial part of the is an infringement of a copyright of any other work;
2) In any sound recording made in respect of a literary, dramatic or musical, if in making the record, copyright in such work has been infringed.
Terms of copyright [Secs.22to29][/b]
The normal of copyright is throught the lifetime of the author plus 60 yrs from the beginning of calendar year next following the year in which the author dies. In case of joint authorship, author who dies last will be considered.
In case of anonyms (without disclosing the name) and pseudonymous (under assumed name) work, the term of copyright is 60 yrs from the calendar year in which the work is published. However, the name is disclosed, the term of copyright will be 60 yrs from the calendar year next following the year in which the author dies.
In case of posthumous work, copyrights shall subsist for 60 yrs from the begging of the calendar year next to the year in which the work is first published.
Registration of copyright[/b]
Registration of copyright in case of any work is not obligatory. The provisions are only optional and non-registration does not deprive the owner of his right to bring both civil as well as criminal action against an offence of infringement.
Infringement of Copyright[/b]
Meaning: [/b]copyright protection gives exclusive rights to the owners of the work to reproduce the work enabling them to derive financial benefits by exercising such rights. If any person without authorization from the owner exercises these rights in respect of the work, which has copyright protection, it constitutes an infringement of the copyright. If the reproduction of the work is carried out after the expiry of the copyright term, it will not amount to infringement.
Copyright Society[/b]
An individual copyright owner is often not able to administer his rights effectively. If such Copyright owners form a society, the society can administer their rights effectively and ensure that the owners of copyrights get their due share. For instance, leading music directors and lyricists in India have formed such a society to protect their rights.
A Copyright Society can be registered under the copyright Act, 1957.Here, the Certificate of Registration shall be granted by Central Government.
International Copyright[/b]
The Copyrights Act, 1957 applies only to works first published in India irrespective of the nationality of the author, however, Section 40 of the Act empowers the Government of India to extend the benefits of all or any of the provisions of the Act to works first published in any foreign country. The benefits granted to foreign works does not extended, beyond what is available to the works in the home country and that too on a reciprocal basis i.e. the foreign country must grab similar protection to works entitled to the copyright under the Act. The term of Copyright protection in India to the foreign work, cannot exceed the term conferred by the foreign country.
PATENTS ACT, 1970[/b]
Introduction of the Act[/b]
The fundamental principal of Patents act, 1970 is that the patent is granted for that invention which is new and useful. It must have the novelty and utility. It is essential for the validity of the patent that is must be inventor’s own discovery as opposed to mere verification of what was already known before the date of patent.
What can be patented?[/b]
Any ‘invention’ may be patented.
‘Invention’ means new product or process involving an ‘investing step’ and ’capable of industrial application’.
‘Invention Step’ means a feature that makes the invention not obvious to a person skilled in that art.
‘Capable of industrial Application’ in relation to invention means that the invention is capable of being made or used in the industry.
[/b]
Trademarks Acts, 1999[/b]
Meaning of trademark[/b]
A trademark is any word, symbol, phrase or logo design adopted and placed on a product offered for sale or on a container to identify its source. In this way, the connection between the product and the manufactured/trader are brought to the notice of the public at large. Trademarks are an integral part of a firm’s strategy to differentiate its products and services from other competitors and to establish consumer brand loyalty.
Who can apply for registration of trademark:[/b] Any person claiming to be the proprietor of trademark used or proposed to be used can apply for registration of his trademark. It may be noted that a single application may be made for different classes of goods and services but separate fees is payable for each class. The application for registration of trademark shall be filed with the office of Registry of trademark under whose territorial jurisdiction the principal place of business is situated.
Infringement of trademark[/b]
Meaning of infringement of trademark: [/b]A registered trademark is infringement when a person, other than a registered proprietor or a person using by way of permitted use, uses in course of trade.
[/b]
The term “intellectual property” relates to the creation of human mind and human intellect. In other words, intellectual property relates to the pieces of info, which can be incorporated in tangible objects at the same time in unlimited number of copies of different locations anywhere in the world. The intellectual property Right does not vest in those copies but in the info contained in those copies. Intellectual Property Right is also characterized by certain rights as well as certain limitations such as right to use and license and also with limited durations in certain Intellectual Property Rights.
A trademark copyright, copyright or a patent right are the important IPRs. They are known as Incorporeal Assets. As patents, copyright and trademarks represent title to property; they can be sold or assigned by the owner or holder thereof to another person in accordance with law. The most important objective of IPR is to serve as a powerful incentive for entrepreneurs to invest resources into creating ideas and inventions. In this way research and development is encouraged. Further, it encourages the dissemination of useful info for further research for the benefit of society.
COPYRIGHT ACT,1957[/b]
Meaning of Copyright[/b]
Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It also extends to sound broadcasting and cinematographic films; Copyright protection is limited to author’s particular expression of idea, process, and concept in a tangible medium. However, law permits fair use.
To be copyrighted, a work must show certain minimum levels of creativity and originality. Copyright protection is not granted for abstract idea nor can facts be copyrighted. Only author’s manner of expressing the idea or compiling the facts can be copyrighted.
Definition of Copyright [Sec .14][/b]
Section 14 of the Act defines the term ”copyright” as to mean the exclusive right to do or authorize the doing of the following acts in respect of a work or any substantial part thereof
Works in which copyright subsists and works in which copyright does not subsist [Sec.13][/b]
Copyright subsist throughout India in following classes of works:[/b]
1) Original literary(including computer programme),dramatic, musical and artistic works;
2) Cinematographic films;
3) Sound recordings.
However, copyright shall not subsist in any work specified in above unless the following conditions are satisfied:[/b]
1) In the case of published work, the work is published in India as where the work is first published outside India; the author is at the date of such publication. Or in case the author was dead on the date of publication, was at the time of death, citizen of India;
2) In the of unpublished work other of architecture, the author is at the date of making the work a citizen of India or domiciled in India;
3) In the case of a work of architecture, the work is located in India.
Copyright shall not subsist in the following works:
1) In any cinematographic film/ if a substantial part of the is an infringement of a copyright of any other work;
2) In any sound recording made in respect of a literary, dramatic or musical, if in making the record, copyright in such work has been infringed.
Terms of copyright [Secs.22to29][/b]
The normal of copyright is throught the lifetime of the author plus 60 yrs from the beginning of calendar year next following the year in which the author dies. In case of joint authorship, author who dies last will be considered.
In case of anonyms (without disclosing the name) and pseudonymous (under assumed name) work, the term of copyright is 60 yrs from the calendar year in which the work is published. However, the name is disclosed, the term of copyright will be 60 yrs from the calendar year next following the year in which the author dies.
In case of posthumous work, copyrights shall subsist for 60 yrs from the begging of the calendar year next to the year in which the work is first published.
Registration of copyright[/b]
Registration of copyright in case of any work is not obligatory. The provisions are only optional and non-registration does not deprive the owner of his right to bring both civil as well as criminal action against an offence of infringement.
Infringement of Copyright[/b]
Meaning: [/b]copyright protection gives exclusive rights to the owners of the work to reproduce the work enabling them to derive financial benefits by exercising such rights. If any person without authorization from the owner exercises these rights in respect of the work, which has copyright protection, it constitutes an infringement of the copyright. If the reproduction of the work is carried out after the expiry of the copyright term, it will not amount to infringement.
Copyright Society[/b]
An individual copyright owner is often not able to administer his rights effectively. If such Copyright owners form a society, the society can administer their rights effectively and ensure that the owners of copyrights get their due share. For instance, leading music directors and lyricists in India have formed such a society to protect their rights.
A Copyright Society can be registered under the copyright Act, 1957.Here, the Certificate of Registration shall be granted by Central Government.
International Copyright[/b]
The Copyrights Act, 1957 applies only to works first published in India irrespective of the nationality of the author, however, Section 40 of the Act empowers the Government of India to extend the benefits of all or any of the provisions of the Act to works first published in any foreign country. The benefits granted to foreign works does not extended, beyond what is available to the works in the home country and that too on a reciprocal basis i.e. the foreign country must grab similar protection to works entitled to the copyright under the Act. The term of Copyright protection in India to the foreign work, cannot exceed the term conferred by the foreign country.
PATENTS ACT, 1970[/b]
Introduction of the Act[/b]
The fundamental principal of Patents act, 1970 is that the patent is granted for that invention which is new and useful. It must have the novelty and utility. It is essential for the validity of the patent that is must be inventor’s own discovery as opposed to mere verification of what was already known before the date of patent.
What can be patented?[/b]
Any ‘invention’ may be patented.
‘Invention’ means new product or process involving an ‘investing step’ and ’capable of industrial application’.
‘Invention Step’ means a feature that makes the invention not obvious to a person skilled in that art.
‘Capable of industrial Application’ in relation to invention means that the invention is capable of being made or used in the industry.
[/b]
Trademarks Acts, 1999[/b]
Meaning of trademark[/b]
A trademark is any word, symbol, phrase or logo design adopted and placed on a product offered for sale or on a container to identify its source. In this way, the connection between the product and the manufactured/trader are brought to the notice of the public at large. Trademarks are an integral part of a firm’s strategy to differentiate its products and services from other competitors and to establish consumer brand loyalty.
Who can apply for registration of trademark:[/b] Any person claiming to be the proprietor of trademark used or proposed to be used can apply for registration of his trademark. It may be noted that a single application may be made for different classes of goods and services but separate fees is payable for each class. The application for registration of trademark shall be filed with the office of Registry of trademark under whose territorial jurisdiction the principal place of business is situated.
Infringement of trademark[/b]
Meaning of infringement of trademark: [/b]A registered trademark is infringement when a person, other than a registered proprietor or a person using by way of permitted use, uses in course of trade.
[/b]