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Man’s property is not only the visible and tangible assets like land, buildings, factories and machineries, in a civilized and advanced society, it also includes the products of his mind…
India considers that the protection of these Intellectual properties and the right to just rewards are also its responsibility, it is only the legal assurance and market confidence that inspires inventors, innovators and investors to pursue such creations, which have led to the progress and development of the individual country and the world,
It is interesting that we are entering a phase where the ‘human mind’ enterprises have overtaken the earlier ‘brick and mortar’ assets, that the richest man in the world consistently for the last few years is an IT professional and that the market capitalization of even medium sized knowledge companies have surged ahead of older industrial giants emphasizes dramatically the importance of intellectual property.
All
major countries now recognize the creation of appropriate environment, which
ensures its rewards, with the expansion of the global economy, it is even more
essential for both domestic and international businesses to have a system, which
protects their intellectual investment.
Competition is fierce, and timing is
a critical component for success, it is only with the confidence of protecting
your back, that can make plans and investments for the future.
The
concern and of the Government of India for protecting Intellectual property
Rights is reflected in setting up a system, legislation and dedicated offices to
successfully carry out this challenging task.
The controller of patents, Designs
and Trade Marks, under the Department of Industrial policy and promotion,
Ministry of Commerce and Industry, Government of India is designated to handle
all activities related to Industrial property in India. This office is located
in Mumbai. The objectives of this office are:
To administer the Patent
legislation,
To administer the Design
legislation,
To administer the Trade Mark
legislation,
To administer the Geographical
Indication legislation and
To assist Govt. of India in
formulation of domestic and international IP Polices, and International
matters relating to IP.
Products
of the Human Mind
Intellectual
property which consists of Industrial property and Copy Right
on literary and
artistic work is a property of the mind; it can be a product, process or idea.
this proprietary knowledge which belongs to creator is recognized as their
property. IP has become an integral part of many businesses and industrial
activities and often the key factor for their success of failure.
Confidential
information (trade secrets), patents, registered designs. Trade marks, and
registered geographical indications are all legally classified as IP rights.
Intellectual
property Rights confer legal recognition of ownership to new ideas and brands.
It empowers him to stop other from exploiting his property. It creates a system
for the creator to benefit from his creation.
Typically,
these rights can be sold, licensed shared or mortgaged by the original right
holder to others to be exploited commercially for individual and social benefit.
All creations
of the human mind: Inventions, Technological Improvements having inventive merit
Unique Symbols, Images, and Names used commercially and products that are unique
to a specific geographical area, fall under Industrial Property.
These
comprise:
Patents:
The patents are granted for the inventions:
Designs:
Concerns its aesthetic or appearance including 3D features like shape or
configuration of an article: 2D features like surface patterns. Lines or or color.
It should be reproducible by industrial process. It should be distinguishable by
the human eye. Say, for example, a new design of handle of a pair of
scissors or a new textile pattern. Design
registration applies to the finished article capable of being sold
independently.
Trade
Marks and Service Marks: Visible signs, symbols, words or their combination,
which are distinctive and distinguishable between goods and services of
enterprises. Like brand names and corporate symbols.
Geographical
Indications: Goods in which the quality, reputation and other
characteristics are attributed to its geographical origin. Some possible Indian
Geographical indication can be Basmati rice, Kolhapuri Chappals, Alphonso
mangoes, Kanjivaram Sarees, Darjeeling Tea. Etc.
Protection Of Industrial Property
Industrial
Property is a most valuable asset for which you have worked hared and creatively
it is not something to be thrown away or neglected, it can be your brand name,
design, invention or proprietary knowledge. Only by being armed with IP
protection you can confidently plan and progress in future for exploitation of
the property.
Failure to
protect the Industrial property or not doing this in time will put your business
at great risk, especially in the phase when it is growing and flourishing. It
would become too late because it would no longer be considered new and
no restraint can be placed upon its
being copied.
Intellectual
property protection can be through a combination of strategies. Patents.
Designs, trade marks, plant breeder’s rights, copyright, or trade secrets;
these offer-varied types of protection and duration, the optimum combination
should be applied.
Industrial Property rights have all
the features of other property rights; they allow the creator or owner of a
design, patents, trademark or a geographical indication to benefit from the
investment for creation.
It can be used by creators to develop their own business secure from unfair competition or to sell/license it to others for suitable consideration this confidence encourages the creation of new products. Processes and products that help to improve the quality of life.
Patent
Offices
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Patent
Office Branch |
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Patent
Office Branch |
Design Wing of the Patent Office
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The Patent Office ( Design Wing ) Intellectual Property Office Building Phone: 003_23671943 to 45
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Trade
Marks Registry
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Trade
Marks Registry
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Office
of the Trademarks Registry
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Trade
Marks Registry
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Geographical Indications Registry
Geographical
Indications Registry
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What
is a patent?
A
patent is an exclusive right for a limited period of time
What
can be patented ?
Any process for product, which is new, non-obvious
A patent is not granted if the invention is already available with the
public either in the form of published literature or in the form of public
knowledge,
However; the invention must not belong to the categories specifically
declared as non-patentable.
What
are non-patentable inventions?
An invention which is frivolous or contrary to well established natural laws.
An
invention contrary to law or morality or injurious to public health;
The
mere discovery of a scientific principal or the formulation or discovery of
any living thing or non living thing occurring in nature;
The
mere discovery of any new property or new use for a known substance;
A
substance obtained by a mere admixture;
The
mere arrangement or re-arrangement or duplication of know devices;
A
method or process of testing;
A method of agriculture or horticulture;
Any process for the treatment of animals or plants;
Plants & animals in whole or any parts thereof; including essentially biological process for production or propagation of plants & animals.
A business method or computer program;
Musical, artistic or aesthetic work;
A mere scheme or rule or method of performing mental act or method of playing game;
A presentation of information;
Topography of integrated circuits;
An invention which in effect is traditional knowledge;
The inventions related to the substances useful in producing atomic energy.
What
are the benefits of obtaining a patent?
The
Patentee has the exclusive rights for the use of the patent. He can take
legal action against infringement of this right. He can
commercially exploit its potential with the confidence that it cannot be
copied or imitated without his permission during the period of patent.
It
can be licensed, assigned or sold or mortgaged for commercial consideration.
The
consumer will be benefited because better and cheaper products will become
available in the market, as there will be more and more inventions.
Research
& Development activities will receive a boost and will also avoid
duplication of efforts.
After
the expiry of the patent period, the invention will be available freely to
the public thereby, which will facilitate easier and faster technology.
Who
can apply for patent?
Is it compulsory?
An
inventor or his assignee alone or along with other can file an
application for a patent with the appropriate patent office in the
stipulated forms accompanied by the provisional or complete specification.
No, it is not compulsory to patent an invention but appropriate legal action is possible against infringement only at patent right when patent is granted for the invention.
What
is the duration of patent?
A patent is granted for 14 years, from the date of filling of the complete specification. For food and Drugs/ it is seven years from the date of patent of five years from the date of sealing which ever is early however under the new patent (Amendment) Act of 2002, the patent will be granted uniformly for 20 years from the date of filing of application. Date of patent is the date when the application is filed.
If
the application is not opposed or the opposition is decided in favour of the
applicant or is not refused, the patent is granted on payment of sealing fee
within six months from the date of advertisement.
Who
can use the patent?
Only the registered patentee or his authorized licensee or user can use the patent.
When is a patent infringed?
When an unauthorized user copies or imitates a valid patent.
Who
can initiate an infringement action?
The registered patentee or his assignee or a person authorized by him can initiate an infringement action in the court of law.
When
does a patent expire?
A patent shall expire if it has lived its full term, or is not
renewed, or revoked.
Your invention has been developed with investment and ingenuity and deserves to
be protected Your invention has been developed with investment and
ingenuity and deserves to be protected for exploration of rewards for you.
Patents are one of the categories of Intellectual properties Rights. The others
are Industrial Designs, Trade Marks and Geographical Indications.
The valid patent is the guaranteed protection from copying and unfair
competition that will spur new developments economy and benefiting the consumer.
On being granted a patent. The patentee is protected and the invention made
public, thus offering the best to both.
Patent
Office
The
patent system in India is governed by the patents Act 1970 (No. 39 of 1970), and
the patents Rules 1972, subsequently amended and is effective in whole of India.
This act has been further amendment in 1999 and 2002. The patens Office is a
subordinate office under the Department of Industrial policy and promotion,
Ministry of Commerce & Industry, Government. Of India.
Step 1 Finding out whether any registration already exists
The Design Office can assist you
to search whether the design has been previously registered. If the registration
number is known, form No. –6 should be filed along with the prescribed fees of
Rs.500. If the representation of the article or the specimen of the article is
filed form No. 7 along with the prescribed fees of Rs.1000 is required.
Step 2 Preparing a representation
of the design
A representation is the exact
representation of the article on which the design has been applied. It should be
prepared on while A4 size paper of durable quality. Do not prepare it on
cardboard or mount it on other paper. Indicate details of the design and
applicant clearly.
Step 3 Identifying the class of
design
Designs are required to
categorized in separate classes in order to provide for systematic registration.
An inter-nationally accepted classification of industrial Designs based upon the
function of the article is required. The class and sub-class should be mentioned
in the application, There are 32 classes and most of the classes are further
divided into sub-classes,
Step 4 Providing a statement of
novelty
A statement of novelty should be
included on the representation of a design as per the Act in order to specify
the novelty. This will enable speedier examination and provide a more specific
protection. The claim will protect the overall visual appearance of the design
as described in the representation of drawing.
Step 5 Including a disclaimer
If the ornamental pattern on an article is likely to be
confused with a trademark, suggests any mechanical action or contains words,
letters, numerals, etc, a disclaimer should be included in the representation.
Step 6 Claiming a priority date
If you have applied for protection of the design in
convention or countries, which are members of inter-governmental organizations,
you can claim registration of the design ciling a priority date in India. This
is the date of filing of the application any of such countries provided the
application is made in India within six months
Step 7 Determining the fee to be paid
Applications are to be accompanied by the required fee
through cheque or draft payable at Kolkata or in cash (if filed in Design
Office, Kolkata). Application for the registration of design is Rs.1, 000 and
for renewal it is Rs.2, 000
Step 8 Ensuring all enclosures are attached
File an application only after ensuring that all enclosures
and fee in the required numbers are attached Application can be filed in either
the Design Office in Kolkata or the branch offices of the patent office in
Delhi, Mumbai or Chennai.
Step 9 Complying with objections (if any)
If the Design Office seeks additional information or
clarification after preliminary examination, please ensure that these are
provided promptly. This will help the office to take up your application for
early examination.
Step 10 Providing full details
While filing an application make sure that all contact
details and addresses are clearly legibly filled in. this will enable the office
to keep in touch with you and convey decisions.
Please remember that all designs are not registrable.
Designs registered come into force not from the date of application but from the
date they are accepted. Designs registered should be renewed in them for them to
be valid.
You may get more information on filing procedures, hearing
dates, etc. through e-mail. The Design Office is expected to register your
design in six months.
Industrial
Designs
Industrial Designs refer to features of shape.
Configuration, pattern, ornamentation or composition of lines or colours applied
to any article, in two or three-dimensional (or both) forms. This may be applied
by any industrial process, which in the finished article appeals to and is
judged solely by the eye. Design does not include any mode or principle of
construction or anything, which is a mere mechanical device. It also does not
include any trade mark or property mark or any artistic work.
Under the agreements constituting the world Trade
Organization (WTO), industrial designs are protected as an. Element or
Intellectual property Rights (IPRs) along with other such rights such as
patents, trademarks and geographical indications, the Agreement relating to
Trade Related aspects of Intellectual property Rights (TRIPS) covers goods
protected against infringement of rights and unfair trade practices.
Why should industrial designs be protected?
Since a design is a manifestation of human creativity, it
is protected as an Intellectual properly. Protection provides owners with rights
which can be better enforced legally and obtain commercial returns.
What are the advantages of protection?
An owner of intellectual property is entitled to claim
protection under law since it is a private property right. This enables
licensing and commercialization. As the owner of a registered design you, can
legally prevent the unauthorized use of your intellectual property embodied in
the design created by you through injunctions. You can also seek monetary
compensation for losses incurred by you.
How can such right be protected?
In order to seek protection of a design under the designs
Act. 2000 it should be registered. Applications can be filed with prescribed
form and fee in the design office, Kolkata or any branch office of the patent
office in Delhi, Mumbai or Chennai. Applications are examined for novelty
non0obviousness to decide new or original design. A design is registered
followed by notification in the office Gazette.
What is the duration of protection of registered designs?
Rights are registered for an initial period of ten years
and can be renewed for another period of five years.
Who is entitled to claim protection?
Persons who have valid registered designs can claim
violation of their rights against copying, manipulation or infringement by
instituting proceedings in a court of law. District courts have jurisdiction in
infringement cases, proceedings can also be started in High Courts.
What products are covered ?
Designs include articles of manufacture and substance,
either artificial or partly artificial including a part of an article which is
capable of being made or sold separately. Textile designs are also included. A
design should be original and should not have been disclosed in any manner
earlier. It would include cases which though old in themselves are new in
application.
What can the Designs Office do for you?
The Design Office may be approached for finding out whether
a design has been previously registered. The Designs office can assist if an
application for search is made or an applicant can inspect the Register of
Designs. An application may be prepared either by the applicant or with the
professional help of attorneys. A list of patent attorneys is available in the
Register of patent agents maintained by the patent office, the design office
does not provide advisory services on how to file applications.
Where should a design application be
filed ?
An application may be filed at the design office, Kolkata or at the branch offices of the patent office in Delhi, Mumbai and Chennai. An application should include a representation of the design, mention the class in which registration is desired and provide a statement of novelly apart from enclosing necessary fee in the prescribed form.
Whom to contact:
Assistant Controller of Patents & Designs
Office of the Controller General of Patents, Designs & Trade Marks
7th Floor, IInd MSO Building,
Nizam Palace, 234/4,A. J.C. Bose Road, Kolkata – 700 020
Phone : 91 33 2813419-22
Fax : 91 33 2813423
Email : designin@giacl01.vsnl.net.in
What is a Trade Mark?
A Trade Mark, (popularly known as Brand name), is an
identification symbol – word, device, label, numeral or their combination,
which enables the consumer to distinguish it from similar goods.
What can be registered as a Trade mark?
The Trade Mark applied for should not be confusable or
conflicting with earlier existing trade marks used by others for same goods or
services. It should not fall in the prohibited categories as directed by the
Government. A trade mark application can be both for existing or proposed ones.
Before applying, it is advisable to conduct a search to
avoid duplication or conflict (even for different goods). You can obtain
preliminary advice on distinctiveness of your mark or access official Report on
similar existing trademarks from the Trade Marks Registry, by applying with
nominal fees. You can also avail of facilities such as personal Inspection /
Search facility Moreover, you can take professional help.
What are the benefits of registering a Trade Mark?
The registration of a Trade Mark Confers upon the owner,
exclusive rights to use the trademark in relation to the goods registered for,
He has the right to take legal action under this protection against
infringement, which he cannot without registration, the rights of the trade mark
are applicable only in India and separate applications are needed for each
country.
Who can apply for a Trade Mark?
Any person or organization can apply for a Trade Mark by
applying on prescribed form with its fees at the appropriate office of the Trade
Marks Registry based on the residence or place of business, or address of
service in case of foreign applicants.
Is it compulsory to register a Trade mark? Can it be
renewed?
It is not compulsory to register a Trade Mark, However,
Only a registered Trade Mark is protected under the Trade and Merchandise Marks
Act, 1958, enabling the owner to take legal action against infringement. A Trade
Mark is renewable every seven years,
Can a Trade Mark be Cancelled and when?
If continuously not used for a period of five years and one
month, a Trade mark can be removed on an application from an affected party.
What are the safeguards?
The Trade Mark should be used and renewed regularly and in
time, A watch should be kept over information in the Trade mark journal and
proceedings be instituted to identify copied and conflicting marks. A suit
should be filed as soon as infringement is detected.
Can Trade Marks originated in other countries be registered
in India?
India is a member of the WTO and Paris Union. It has
reciprocal arrangements with their member countries. Application should be made
within six months of the first application to the member country desired with
certified copy of application.
Brand Equity is becoming one of the most valuable assets in the competitive global economy.
Your name is now your fortune. It is absolutely crucial that you should protect your brand and benefit from the goodwill and image associated with it you can do this by registering your Trade Mark, which is one of the Intellectual properties, the other being Industrial Design, Patent and Geographical Indications.
Trade Mark registration not only protects your investments
of yesterday in brand building but also enables you to commit resources for
tomorrow with confidence, You have already registered your mark in the
trade. Now register your trade Mark.
Geographical Indications Registry
What is a Geographical Indication?
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It is an indication or appellation of origin.,
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It is used to identify agricultural, natural or
manufactured goods originating in the said area.
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It originates from a definite territory in India.
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It should have a special quality or characteristics or
reputation based upon the climatic or production characteristics unique to the
geographical location
Examples of possible Geographical Indications in India
Some of the examples of possible Geographical Indications
in India include Basmati Rice, Darjeeling Tea, Kanchipuram Silk Saree, Alphonso
Mango, Nagpur Orange, Kolhapuri Chappal, Bikaneri Bhujia, etc.
What are the benefits of registration of Geographical
Indications?
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It confers legal protection to geographical indications in
India.
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It prevents unauthorized use of a registered geographical
indication by others.
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It boosts exports of India geographical indications by
providing legal protection
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It promotes economic prosperity of producers.
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It enables seeking legal protection in other WTO member
countries
Who can apply for the registration of a Geographical
Indication?
Any association of persons, producers, organization or
authority established by or under the law can apply. The applicant must
represent the interests of the producers .The application should be in writing
in the prescribed form the application should be addressed to the Registrar of
geographical Indication along with prescribed fee.
Who is a registered proprietor of a Geographical
Indication?
Any association of persons, producers, organization or
authority established by or under the law can be a registered proprietor. Their
name should be entered in the Register of Geographical Indication as registered
proprietor for the Geographical Indication applied for.
Who is an authorized user?
A producer of goods can apply for registration as an
authorized user, with respect to a registered Geographical Indication, He should
apply in writing in the prescribed form along with prescribed fee.
Who is producer in relation to a Geographical Indication?
A producer is a person dealing with three categories of
goods
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Natural Goods including the production, processing, trading
or dealing.
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Handicrafts or Industrial Goods including making,
manufacturing, trading or dealing.
Is registration of a Geographical Indication compulsory?
While registration of a Geographical Indication is not
compulsory, it offers better legal protection for action for infringement.
What are the advantages of registering?
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Registration affords better legal protection to facilitate
an action for infringement.
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The registered proprietor and authorized user can initiate
infringement actions.
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The authorized users can exercise the exclusive right to
use the Geographical Indication.
Who can use the registered Geographical Indication?
Only an authorized user has the exclusive rights to use the
geographical indication in relation to goods in respect of which it is
registered.
How long is the registration of Geographical Indication
Valid?
The registration of a Geographical Indication is for a
period of ten years yes renewal is possible for further periods of 10 years
each, if a registered geographical indication is not renewed, it is liable to be
removed from the register.
When is a registered Geographical Indication said to be
infringed?
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When unauthorized use indicates or suggests that such goods
originate in a geographical area other than the true place of origin of such
goods in a manner, which misleads the public as to their geographical origins.
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When use of Geographical Indication results in unfair
competition including passing off in respect of registered geographical
indication.
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When the use of another geographical indication results in
a false representation to the public that goods originate in a territory in
respect of which a geographical indication relates.
Who can initiate an infringement action?
The registered proprietor or authorized users of a
registered Geographical Indication can initiate an infringement action.
Can a registered Geographical Indication be assigned,
transmitted etc?
No. A Geographical Indication is a public property
belonging to the producers of the concerned goods. It shall not be the subject
matter of assignment, transmission, licensing, pledge, mortgage or such other
agreement. However. When an authorized user dies, his right devolves on his
successor in title.
Can a registered Geographical Indication or authorized user
be removed from the register?
Yes. The Appellate Board or the Registrar of Geographical
Indication has the power to remove the Geographical Indication or an authorized
user from the register. The aggrieved person can file an appeal within three
months from the date of communication of the order.
How a geographical indication differs from a trade mark?
A trade mark is a sign which is used in the course of trade
and it distinguishes goods or services of one enterprise from those of other
enterprises. Whereas a geographical indication is used to identify goods having
special characteristics originating from a definite geographical territory.
Every region has its claim to fame Christopher Columbus
sailed from Europe to chart out a new route to capture the wealth of rich
Indian spices. English Breeders imported Arabian horses to sire Derby
winners. Chine silk, Dhaka muslin, Venetian glass, Coramandal pearls were
all treasures sought by the entire world.
Each geographical reputation was carefully built up and painstakingly maintained by the masters of that region, combining the best of Nature and Man, traditionally handed over from one generation to the next for centuries. Today we are moving towards an increasingly global economy with a much faster movement of goods, finance, people and brands. Regional specialties have been taken for granted upto now without suffering many losses. But now, protection for the brand of the region for its very own uniqueness has become necessary and inevitable, and without delay, through the protection of Geographical Indications, or appellations of origins
In December 1999, Parliament passed the Geographical
Indications of Goods (Registration and protection) Act, 1999. This Act Seeks
to provide for the registration and protection of Geographical Indications
relating to goods in India. The Act is administered by the controller
General of Patents, Designs and Trade Marks, Who is the Registrar of
Geographical Indications. The Geographical indications Registry is located
at Chennai.
The Registration process
The Register of Geographical Indication is divided into two
parts, part ‘A’ consists of particulars relating to registered geographical
indications and part ‘B’ consists of particulars of the registered
authorized users.
What is copyright?
Copyright is a right given by the
law to creators of literary, dramatic, musical and artistic works and producers
of cinematograph films and sound recordings. In fact, it is a bundle of rights
including, inter alias, rights of reproduction, communication to the public,
adaptation and translation of the work.
Why copyright protection?
Copyright ensures certain minimum
safeguards of the rights of authors over their creations, thereby protecting and
rewarding creativity.
What is the scope of protection
in the copyright Act, 1957?
The Copyright Act, 1957 protects
original literary, dramatic, musical and artistic works and cinematograph films
and sound recordings from unauthorized use, Unlike the case with patent,
copyright protects the expressions and not the ideas. There is no copyright in
an idea.
Classes of work for which
copyright protection is available in India.
Copyright subsists throughout
India in the following:
§
Original
literary, dramatic, musical and artistic works
§
Cinematograph
films
§
Sound
recordings
Whose rights are protected?
Copyright protects the rights of
authors, i.e., creators of intellectual property in form of literary, musical,
dramatic and artistic works and cinematograph films and sound recordings.
Who is the first owner of
copyright in a work?
Ordinarily, the author is first
owner of copyright in a work.
Who is an author?
§
In the case of
a literary of dramatic work, the author, i.e., the person who creates the work
§
In the case of a musical work, the composer
§
In the case of a cinematograph film, the producer
§
In the case of a sound recording, the producer
§
In the case of a photograph, the photographer
§
In the case of a computer generated work, the person who
causes the work to be created
Who is the owner of a work
produced during the course of the author’s employment?
In the case of work made in the
course of the author’s employment under a contract of service or
apprenticeship, the employer shall, in the absence of any agreement to the
contrary, be the first owner of the copyright therein.
What are the moral rights of an
author?
The author of a work has the
right to claim authorship of the work and to restrain or claim damages in
respect of any distortion, mutilation, modification or other acts in relation to
the said work which is done before the expiry of the term of copyright if such
distortion, mutilation, modification or other act would be prejudicial to his
honour or reputation. Moral rights are available to the authors even after the
economic rights are assigned.
What are the rights of a
performer?
A performer has the following
rights in his/her performance:
§
Right to make a sound recording or visual recording of the
performance
§
Right to reproduce the sound recording or visual recording
of the performance
§
Right to broadcast the performance
§
Right to communicate the performance to the public
otherwise than by broadcast
What is the term of protection of
performer’s rights?
A performer’s rights subsist
for 25 years.
Is copyright assignable?
Yes, The owner of the copyright
in an existing work or the prospective owner of the copyright in a future work
may assign to any person the copyright either wholly or partially and either
generally or subject to limitations and either for the whole term of the
copyright or any part thereof.
What is the term of copyright
protection in India?
The general rule is that
copyright lasts for 60 years. In the case of original literary, dramatic,
musical and artistic works, the 60-yearperiod is counted from the year following
the death of the author. In the case of cinematograph films, sound recordings,
photographs, posthumous publications, anonymous and pseudonymous publications,
works of government and works of international organizations, the 60-year period
is counted from the date of publication.
When permission of copyright
owners is not required for use of work
§
Purpose of
research of private study
§
Criticism or review
§
Reporting current events
§
In connection with judicial proceedings
§
Performance by an amateur club or society if the
performance is given to a non-paying audience
§
Making of sound recordings of literary, dramatic or musical
works under certain conditions
What is collective administration
of copyright?
This is concept where management
and protection of copyright in works are undertaken by a society of owners of
such works, these societies, because of their organizational facilities and
strength, are able to keep a vigil over the uses of the work and monitor the
collection of royalty for such use. Because of India’s membership in
international conventions, these societies are able to have reciprocal
arrangements with similar societies in other countries and thus collect royalty
from any use of such work, it is in the interest of copyright owners to join a
collective administration/organization to ensure better protection to the
copyright in their works and for reaping optimum economic benefits from their
creations,
Is copyright of foreign works
protected in India?
Copyright of works of the
countries mentioned in the International Copyright order are protected in India,
as if such works are Indian works.
Does copyright subsist in a
foreign work?
Copyright of nationals of
countries who are members of the Berne Convention for the protection of Literary
and Artistic Works, Universal Copyright Convention and TRIPS Agreement are
protected in India through the International Copyright Order.
Is it necessary to register a
work to claim copyright?
No. Acquisition of copyright is
automatic and it des not require any formality, the certificate of registration
of copyright and the entries made therein serve as prima facie evidence in a
court of law with reference to disputes relating to ownership of copyright.
Which are the common copyright
infringements?
The following are some of the
commonly known acts involving infringements of copyright :
§
Making infringements of copies for sale or hire 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 interests of the owner of
copyright
§
Public exhibition of infringing copies by way of trade
§
Import of infringing copies into India
What are the civil remedies for
copyright infringement?
A copyright owner can take legal
action against any person who infringes the copyright in the work. The copyright
owner is entitled to remedies by way of injunctions, damages and accounts.
Is copyright infringement a
criminal offence?
Yes. Any person who knowingly
infringes or abets the infringement of the copyright in any work commits a
criminal offence under section 63 of the copyright Act.
What are the punishments for a
criminal offence under the copyright Law?
The minimum punishment for
infringement of copyright is imprisonment for six months with a minimum fine of
Rs.50, 000/-, In the case of a second and subsequent conviction, the minimum
punishment is imprisonment for one year and a fine of rupees one lakh.
Is copyright infringement a
cognizable offence?
Any police officer, not below the
rank of a sub-inspector, may, if he is satisfied that an offence in respect of
the infringement of copyright in any work has been, is being, or is likely to be
committed, seize without warrant all copies of making infringing copies of the
work, wherever found, and and all copies and plates so seized shall, as soon as
practicable, be produced before a magistrate.
We are
The National Copyright Office established under the provisions of the Copyright Act, 1957. The office provides registration facilities for all types of works indicated in the Act and is headed by a Registrar of Copyrights.
We are presently located at
B2/W3, Curzon Road Barracks, Kasturba Gandhi Marg, New Delhi – 110 001. our
telephone number are: Registrar of Copyrights: 3387934; Under Secretary &
Deputy Registrar of Copyrights : 3382436 & 3381739; telefax: 3382436 &
3387934. we have no branch office elsewhere in India. Our e-mail is iprindia.edu@sb.nin.in.