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VARIOUS FORMS OF INTELLECTUAL PROPERTY

 Intellectual property means creations of the Human Brain and Intelligence

 Intellectual property rights are legal rights
 Intellectual property rights are recognized under Act 27 of the UDHR 1948
 Paris convention 1883- Protection of Industrial property
 Berne convention 1886- The protection of literary and Artistic work
 Paris convention and Berne convention are adopted by the WIPO
 The WIPO is specialized agency of the United Nations
 TRIPS is an international agreement by the WTO
 According to WIPO intellectual property divided in to two category

Intellectual Property

Industrial Property Copy Right

Patents Artistic creations such as

Industrial designs Books
Trademarks Music
Service marks Paintings & Sculptures
Layout designs of integrated circuits Films
Commercial names Computer programs
Designations Electronic Database
Geographical indications Copy Right = Authors Right
Protection against unfair competition
 Copy right law:- Literary, Artistic, Musical, Dramatic, cinematographic works
and sound recordings
 Trade Mark Law:- Name, Word, Phrase, Logo, Symbol, Design and Images
 Patent Law :- Protections to Inventions
 Industrial Designs:- Design of goods and Design of products
 Geographical Indications:- Specifies the geographical location (or) origin-
Basmati Rice, Hyderabad Biryani, Simla Apple, Mysore sandal soap,
Kanchipuram silks

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  Industrial Designs:- Right to protect shape of product, pattern of product,
ornamentation, textiles, tools, bottles, jewelry, cups, watches, handicrafts
 Layout Design of Integrated circuits:- IC are utilized in a large products
including articles of everyday use. Such as water, T.V, Washing Machine,
computer and all electronic goods
 Trade Secrets: - It is confidential business information. Trade secret
provides a competitive environment in market. Trade secret may be
formula, practice, process design, pattern and commercial methods
 Patents:- It gives executive right to owner for making, using, selling and
importing an invention for limited period of time -20 years
 Plant varieties: - it protects plant breeding. Plant varieties gives
advancement in breeding field in horticulture and agriculture.

INTERNATIONAL CONVENTIONS

Paris Convention:- Protects Industrial property which was signed in Paris, France
on 20-03-1883 was the 1st Intellectual property Treaties. The convention has 173
Intellectual property contraction members’ countries.

GATT Agreement:- The General Agreement of Tariff and Trade (GATT) was signed
Geneva, Germany in year 1947. GATT is at legal agreement between many
countries, whose overall purpose was to promote International trade by reducing
or eliminating trade barriers such as tariff or quotas. GATT has more than 110
contracting members

TRIPS Agreements: The Agreement on TRIPS is an international agreement by

WTO that’s sets down minimum standards for many forms. TRIPS requires the
member states to provide strong protection of T.P.R. It was negotiated at the end
of the Urugrey round of GATT in 1994.

Berne Conventions:- Protection of Literary and Artistic works is an International

agreement governing copyright. It was 1st accepted in Berne, Switzerland in 1886.

3 Basic Principles of Berne Conventions

1. Principle of National Treatment

2. Principle of Automatic protection
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 3. Principal of Independence protection

Copy Right Act 1957

 Copyright is a form of intellectual property that gives an excessive rights to the

creators of literary, dramatic, musical works, computer program, artistic work,
cinematograph film and sound records for certain time period
 Copyright law protects the expression of Idea but not the Ideas
 Copyright is a statutory right which stops others from exploiting (or) copyright
authors works without permission
 The copy right symbol is ©
 According to section 14 of the copyright Act, 1957 copyright means the
exclusive right to do or authorize the doing of any of the following acts in
respect of work or any substantial part there of names:
 Literary on Dramatic work –The author
 Musical work - The composer
 Artistic work - The Artist
 Photograph - The photographer
 Cinematograph -Producer
 Sound Recording -Producer

 Author (copy right) law and legal detonation holding the titles of author
over any literary dramatic, musical, artistic or certain other intellectual works gives
excellence right to authorize any production or distribution of their work
 Copyright owners deal U/S 17,18 of the Act. The author of the work shall
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be 1 owner of the copyright. The owner has right to assign his work to any
person fully or partially for the while term of copyright or any part thereof.

1st owner of copyright:

 Section17(a) property of a newspaper, magazine or periodical

 Section 17(b) person who has paid valuable consideration for the work
 Section 17© employer
 Section 17(cc) speaker or whose behalf speech is made or delivered

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  Section 17(D) Govt. in case of Govt work
 Section 17 (DD) public undertakings
 Section 17(E\e) International organizations
Work of Joint authorship: section 2(Z) of the Act defines the tem work of joint
authorship. A wok produced by the collaboration of two or more authors in when
the contribution of one author is not district form the contribution of the author
or author is called work of joint authorship.
Najma Heptuallah Vs M/s orient long man limited 1989:
The manuscript of the Book “India wins Freedom” – Before published the author
of the Book Moulana Azad died-After that the trustees agreed to publish the book
on the request at Hemayeen Kabhir who is the joint author. The permission was
also given by 2 legal works of Moulana Zad. An Agreement was made between
Kabhir and orient long man to publish the book and they paid money to the 2
legal heir.
After Nazama Heptulla who was also one of the legal their of Azad field against
the orient long man. The real owner of the book is Azad not that Kabhir finally
court should that kabhir also joint author. Even though his not the narrator but he
is the translator of the complete book. Kabhir has authority to execute the
agreement with orient long man.
Authors right have two different components:
1. Economic rights in the work
2. Moral rights of author

Economic rights in the work: - These are the property right which is limited in
time these rights may be transferred by author to other person. The main
intention of this right is to provide financial profit from the creation of author.
Moral rights of author:- These rights are personal to the author. These right are
can’t be transferred to another person. They can only be translated of authors
dies by writing a document.
Term of copyright: - Section 22-29 deals with the term of copyright. Copy term in
the length of time copyright subsists in a work before it passes into the public
domain it is protected for a limited period time. The general rule is that copyright
lasts for 60 years. In the case of original literary, dramatic, musical and artistic

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works the 60 years period is counted form the year following the death of the
author.
Assignment of copyright:- section 18-19 assignment of copyright is agreement of
copyright. Nobody is entitled to copy, reproduce, publish or sell on original
writing, painting, dramatic production, sculpture etc. without the permission of
the creator. Thus, law provides a right to the owner of copyright (i.e. the creator)
to transfer the ownership of the copyright to a 3rd party.
Assignor: - The owner of the copyright who assign the copyright to author person
is known as assignor
Assignee: - Assignee the person to whom the owner of a copyright assigns any
right in his copy right.
Essential of valid assignment of copyright [section 19]

 Assignment of copyright must be in wiring

 It must be duly signed either by assignor or by his agent
 Right assigned, duration, territorial extent must specified
 Amount of royalty payable must be specified
 Terms of extension or termination must be specified
 Assignment lapses it not exercised within one year
 In the absence of assignment period it shall be deemed to be 5 years
 If the territorial extent of assignment of the rights is not specified. It shall
be prescribed to extended with in India

Licensing of copyright: Licensing involves some of the rights of existing copyright.

The owner of the copyright can great a right by licensing his work in working. The
license shall effect only when work comes into existence. Licensing revolves only
some of the right and not the whole.

Classification of license:

1. Voluntary
2. Compulsory
3. Statutory
1.Voluntary license: The owner of the copyright can grant right by license in
writing signed by him. In case if the owner dies before the work comes into
existence, then his legal representation shall benefit by license.

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2.Compulsory (or) Non-voluntary license:- If the owner of a copyright refuses to
republish his work without reasonable ground, then a complaint can be made to
the copyright board. After hearing and making inquiry the copy right board may
direct the registrar of copyrights to grant a license to republish that work
3.Statutory License:- Any person may apply for license of copyright to produce
and publish a translation of literary (or) dramatic work after a period of seven
years from its first publication. Other than Indian work, any other works can be
licensed after a period of three years from its first publication, if it is required for
teaching, scholarship\hip (or) research.

Termination of License:- termination of license is applied when the original owner

of the copyright starts reproducing his work

Infringement of copyright:- infringement means breach or violation. Copyright

infringement occurs when any person does any of the mentioned rights and
activities with respect to copyright work without license

*It leads to economic loss of the owners of copyright besides economic loss. It
also adversely a strict creativity
Piracy: the term piracy has been use to refer to the unauthorized copying
distribution and sealing of works in copyright
*Infringement result in today’s world of internet, plagiarizing market copy,
plagiarizing personal literature, newspaper infringement, mashup copyright
issues photography infringement

Remedies against copyright infringement

Administrative:- Include detention of the infringing goods by custom authorities
Civil:- Provided under chapter XII of the copyright Act 1957 and include induction,
damages and accounts of profits.
Criminal:- Provided under chapter XIII of the statute and the remedies provided
against copyright infringement include imprisonment up to 3 years along with fine
upto 2 lakhs rupees

T.Series Vs Giruji.com

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* T. Series is a top music label company and Guruji.com is an indigenously made
music search engine found by two IIT graduates in 2006
* Guruji slowly gained popularity as pirated music search engine. It did not hold
any pirated music but, it promote pirated music through it home page search
results
* 2008 T.Series issued a notice to Guruji.com
The Judgement:
* Defendant removed search links for music from its site
* Shutdown music search site in 2011
* Arrested Anurag Dod, CEO of Guruji.com
*Seizure of servers, storage media and other equipment, arrest of employees of
Guruji.com
Copyright Authorities:-
 The copyright Act 1957 came into effect from January 1958, this Act is
amended in 6 times
 Section 9 of the copyright Act requires for establishments of an office to be
called copyright office of the purpose of the Act. The copyright office is to under
the immediate control of registrar of copyrights to be appointed by the central
government, who would act under the superindence and directions of central
govt www.copyright.gov.in

The Indian copyright legislation namely copyright Act 1957 provides for 3
important authorities and institutions for registrations of copyright, effective
protection of copyright and also for better enforcement of the copyright of
owners and other. They are
1. Copyright office
2. Copyright board
3. Copyright societies
Copyright Board:
 It is a body constituted under the copyright Act for the discharge of certain
judicial sanctions under the Act.
 Constituted by the central government(section 11 of the Act)

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 The board was constituted in 1958
 Not a standing body
Constitution of the board
 Chairman
 Two or more (not exceeding fourteen)
 The registrar of the copy right with perform all secretarial function of the
copyright board
Qualification of Chairman
 It either a High Court Judge
 Has been a judge of High Court
 Is Qualified for appointment as a judge of High Court
Term of chairman and members:
 5 years
 Eligible for reappointment

Powers and procedure of copyright Board: section 12 of the Act

 Hear appeals against the orders of the registrar of copyright

 Power to regulate its own procedure-fixing of places and times of sittings
 Hear any proceeding institute before it with you the zone-zone are

1. The North Zone

2. The Central Zone
3. The Eastern Zone
4. The Western Zone
5. The South Zone

Functions of the copyright board:

 To decide whether a work has been published or not

 To determine the term of copyright
 To settle disputes arising in respect of assignment
 To grant licenses to Indian works with held from public
 To grant compulsory licenses to publish unpublished works
 To grant licenses to produce to publish translations
 To rectify the registrar on the application of registrar or aggrieved
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Powers of copyright board and registrar of copyrights:

The copyright board and registrar of copyright have the powers of civil court
in respect of the following matters

a) Summering and enforcing the attendance of any person

b) Examination of any persons on oath
c) Receiving evidence an affidavit
d) Issuing commissions for the examinations of witness or document
e) Requisitioning any public record or copy from any court office
f) Any other matter when may be prescribed

Registrations of copyrights:

 Registrations of copyright is not compulsory its purely voluntary

 Copyright exists from the moment the work is created
 However, certificate of registration of copyright is a prima facie evident in a
court of law with reference to dispute relating to ownership of copyright.

The process of copy right registration involves the following

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1. First, your job is to get your creation in a format that you can submit to the
authorities. If the creation is a poem, correct the word document into a PDF
format. The same goes fo any creation you want to preserve like a painting, a
design or anything else
2. Submit the application of copyright registration and upload the electronic format
of the creation . along with the fees
3. You will then be issued a diary number
4. Then, you need to wait for 30 days to see if there are any objections to your
copyright registration
5. If there are no objections filed, the copyrighted material and the application is
examined by the examiner
6. If there are no discrepancies in the application, you will get the copyright
registration approved
7. Once the registration is approved the approval certification is going to be sending
to you.

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