Prof. Shaber Ali.

G
SR. FACULTY,
V.M.SALGAOCAR COLLEGE OF Law, PANAJI

INTELLECTUAL
PROPERTY

Prof.Shaber Ali, VMSCL,Goa

 Concept of propery
Some of the bundle of rights over
the property are:

Possession
Alienation
Ownership
Usage
Application
Right to exclude non-owners
Enjoyment
Power of trasfer
Control

Prof.Shaber Ali, VMSCL,Goa

 Kinds of Property
 It is of two kinds
 Movable property and
 Immovable property
 New kind of property – IP
 IP is a kind of property created by intellect
of human mind or human brain
 Creation of human intellect was called as
Industrial property

Prof.Shaber Ali, VMSCL,Goa

 Contents
 Concept of IP – kinds of Property
 Importance of IP
 Subject matter of IP
 Copyrights
 Literary work
 Dramatic work
 Musical work
 Artistic work
 Cinematographic work
 Sound recording
 Author and owner of CR
 Terms of CR
 Procedure to obtain CR
 Authorities and remedies
 Trademarks
 Objectives
 Definition
 Functions

Prof.Shaber Ali, VMSCL,Goa

 The concept of
intellectual property
 In the beginning it was known as
industrial property
 After adding copyrights to this
industrial property need to change the
name - IP
 Unlike other forms of property,
intellectual property is nonphysical /
intangible / incorporeal property
Prof.Shaber Ali, VMSCL,Goa
 Need for IP Protection
 To protect the interest of author/inventor
 To encourage scientific discoveries
 Provides economical benefit – inventor,
country
 Transfer of technology
 Cultural developments
 It is important for all who engage in
business or industrial activity
Prof.Shaber Ali, VMSCL,Goa
Kinds of Intellectual Property

 It is of two kinds
 Industrial Property
 Copyrights
 Various kinds of IP are recognized
under WIPO Article 2 (viii) and TRIPS
Agreement Sec.I to Sec VII

Prof.Shaber Ali, VMSCL,Goa

Legal frame work of IP
 Copyrights and neighboring rights
 Trademarks
 Patent
 Trade secrets
 Layout designs and IC
 Plant varieties
 Designs
 Traditional knowledge
Prof.Shaber Ali, VMSCL,Goa
 Most important IPR

 Copyrights

 Trademarks

 Patent

Prof.Shaber Ali, VMSCL,Goa

SUBJECT MATTER OF CR

 Chapter III - Sec. 13

 Sec. 13 (1): CR shall subsist
throughout India in certain classes
of work. They are
a. Original literary, dramatic, musical and
artistic works
b. Cinematographic films and
c. Sound recording
Prof.Shaber Ali, VMSCL,Goa
 Literary work
 CR subsist in original literary work as per Sec.
13 (1) (a)
 Originality relates to the expression of thought
- such expression need not be original
 The essential element is that the work must
not be copied from another work
 There is no CR in an IDEA as such
 Once the idea is written down, the writing is the
subject of CR and no one is entitled to copy it

Prof.Shaber Ali, VMSCL,Goa

 Original
 To secure a CR - LABOUR, SKILL and
CAPITAL should be expended
sufficiently

 Literary work need not have any literary

quality
 Example:
 A work as an index of railway chart,
railway guide or list of stock exchange
quotations
Prof.Shaber Ali, VMSCL,Goa
 General meaning

 General literary work means work

written or printed
 in any language such as
 novels,
 poetry, history or
 books on any subject

Prof.Shaber Ali, VMSCL,Goa

 Literary work
 Literary work is not confined to works of
literature
 It includes all works expressed in writing with
- literary merit or not
 Examples:
 Arithmetic tables, football coupons, logarithmic
tables, railway timetable, telephonic directories,
and IT returns are considered, as literary work-
there is no sense of beauty
 Literary work must be expressed in some
material form – writing/ printing/ symbols

Prof.Shaber Ali, VMSCL,Goa

 Inclusive words - LW

 Computer, computer programmes and

computer database – added in
1984,1994 and 1999
 1994 amendment substituted a new
definition – includes computer
programmes, tables, and compilation
including computer databases

Prof.Shaber Ali, VMSCL,Goa

 LW includes

1. Shorthand and Braille

2. Head notes, clear and concise principles of

Law, preparation of head notes, side note
or marginal notes of a report of a
Judgment requires skill and thought
3. Copyright subsist in COMMENTARIES on
Acts

Prof.Shaber Ali, VMSCL,Goa

 LW includes
4. Copyrights subsist in Letters-Private
letters, commercial letters and
government letters

5. Preparation of questionnaire

6. COLLECTIVE WORK:
 It must be original involvement of labour, skill and
judgment
 It consist of a mixture of literary and artistic
material or exclusively artistic material
 Dictionaries involve skill, labour etc.
Prof.Shaber Ali, VMSCL,Goa
 LW includes

7. Research Thesis and Dissertation

8. Religious preaching
9. News reports
10. Catalogues
11. Code words for cabling purposes
12. Game Rules - housie game
13. Almanac or panchang
14. Lectures delivered

Prof.Shaber Ali, VMSCL,Goa

 Exceptions to LW
 No CR protection – the following works
 Historical work
 Reports of judicial proceedings
 Single letter or word
 Title of books, TV Programmes, Cartoons
 Pocket diaries, calendars
 Speech or lecture delivered
 Slogans
Prof.Shaber Ali, VMSCL,Goa
Prof.Shaber Ali, VMSCL,Goa
DEFINITION
 Sec. 2(h) of CR Act, 1957- DW includes
 Any piece for recitation, choreographic
work and entertainment
 In dumb show
 The scenic arrangement or acting form of
which is - in writing or otherwise
 It doesn’t include a cinematographic film
 The script or scenario for
cinematographic film is DW
Prof.Shaber Ali, VMSCL,Goa
Adaptation
 Adaptation in relation to DW means as defined
under Sec. 2 (a) that is
 Conversion of the work into a non-DW
 The abridgement of any work
 In which story or action is conveyed
 Wholly or mainly by means of picture
 In a form suitable for reproduction
 In book
 In news paper
 Magazine
 Similar periodical

Prof.Shaber Ali, VMSCL,Goa

DW includes
 CHOREOGRAPHY:
 It is the art of arranging or designing of ballet or stage dance in
symbolic language
 SCENIC ARRANGEMENTS OR ACTING:
 Scenic effects or stage situations must be reduced in to some
permanent form
 Costumed used by actors -form of drawing -as artistic work
 GAGS:
 Gags are an actor’s interpolations in dramatic dialogue are not
the subject matter of CR - not permanent

 BALLET:
 The elements of ballet are music, the story, choreography,
scenery and the costumes
 It includes composite work

Prof.Shaber Ali, VMSCL,Goa

 DRAMA or FILM BASED ON
NEWSPAPER ARTICLE:
 The form, manner or arrangement of a
drama and movie are materially different
from a newspaper article
 There is substantial dissimilarity in a
newspaper article and in a stage play or
movie
 The difference is by nature of the media,
mode of expression of the idea
Prof.Shaber Ali, VMSCL,Goa
Prof.Shaber Ali, VMSCL,Goa
 Artistic Work
 Sec. 2 ©: AW means
i. Painting, Sculpture, drawing (including a
diagram, map, chart, or plan) an engraving or
a photograph
ii. Work of architecture and
iii. Any other work of artistic craftsmanship
 It is concerned with visual image
 Mc Donald’s Corp
 Letter M in a particular style – respondent
 Injunction was granted
Prof.Shaber Ali, VMSCL,Goa
Sculpture & Engraving
 Sculpture - casts and models
 Chiseling stone, carving wood, modeling
clay, casting metal or similar process
 CR subsist in original sculpture
 Engraving: wood cuts, prints
 Art of inscribing or carving figure – hand
surface, metal surface
 Engraving on a plate – stone, block, mould,
rubber or other material
Prof.Shaber Ali, VMSCL,Goa
 Painting

 It is artistic work – no quality

 It is a product of art representing,
depicting colours on surface
 Facial painting is not painting
 It includes e painting also

Prof.Shaber Ali, VMSCL,Goa

 Drawing

• Copyright law also protects

• Maps, plans, charts, diagrams
• Without reference to artistic quality
• Word drawing is not defined – any kid of
drawing – mechanical or engineering
• Drawing includes – circuit diagrams,
derivative drawing (earlier version)

Prof.Shaber Ali, VMSCL,Goa

 Photograph
 Photolithograph or any work produced by
any process analogous to photography
 It must be original – originally taken by the
photographer
 Public object – pubic building –subject
matter of CR
 Xerox copy of photograph – no protection
 Photograph of crowd – no permission

Prof.Shaber Ali, VMSCL,Goa

 Works of architecture
 Sec. 2 (b): any building or structure
 Design or model of building or stru
 Must have artistic character or design

Prof.Shaber Ali, VMSCL,Goa

 Works of artistic craftsmanship
 Artistic Craftsmanship
 Include hand painted tiles, stained
glass windows
 Do not include –
 Photo type or commercial furniture
 Work of cobbler
 Products of carpenter, painter, book
binder & weavers

Prof.Shaber Ali, VMSCL,Goa

Definition of Musical work

 Sec. 2 (p):
 Work consisting of music and
 Includes any graphical notation
 Does not include any word or any action
included to be sung, spoken or performed
with music
 Sec. 14 (a): Copyright subsist in original
musical work or its adaptation
Prof.Shaber Ali, VMSCL,Goa
Originality and adaptation
 Originality requires skill, labour, and talent
 It needs some kind of creativity
 Adaptation means arrangement or
transcription of the work
 Arrangement includes arranging music, by adding
accompaniments, new harmonies, new rhythms
and transcribing it for different musical forces
 Exam: selecting and arranging old tunes,
orchestrating, or making a piano reduction
 Technological changes in the musical industry
brought a new generation of ‘copy culture’

Prof.Shaber Ali, VMSCL,Goa

CINEMATOGRAPHIC FILM
 Sec. 2 (f): defines the term Cinematographic
Film-means
1. Any work of visual recording
2. On any medium produced through
3. A process from which
4. A moving image may be produced by any means
and
5. It includes sound recording accompanying such
visual recording
6. Any work produced by any process analogus to
cinematograph including video film
Prof.Shaber Ali, VMSCL,Goa
 ORIGINAL WORK

 Nothing is mentioned under this Act that the

film should be original as in the case of
literary, artistic and musical work
 Any substantial part of the film is an
infringement of any others copyright –no
copyright subsist in that film
 Cinematographic Film should originate from
the producer and not a copy of some other
copyrighted work
Prof.Shaber Ali, VMSCL,Goa
 ACTORS

 Film includes performance by various actors,

dancers, singers and others
 Their permission is required to film their
performance
 This is done by separate contract with the
performer

 The Copyright (Amendment) Act, 1994 recognized

certain special rights of performers called
Performer’s Rights as under Sec. 38
Prof.Shaber Ali, VMSCL,Goa
 SOUND RECORDING
 Sec. 2 (xx): Sound recording means
1. Recording of sound from which sounds may be produced
2. Regardless of the medium on which such recording was
made
 The method by which the sounds are produced
 Copyrights will not subsist in any sound recording made
in respect of literary, dramatic or musical work
 Musical work and sound recording embodying the music
are considered separate subject matter of CR
 CR in the recording of music is separate from the CR in
the music

Prof.Shaber Ali, VMSCL,Goa

 The CR in music recorded vests in the
producer of sound recording
 Where songs has not been written down and
the composer who is the performer records
the song
 Two CRs comes in to existence
simultaneously one for the music
 One for sound recording

Prof.Shaber Ali, VMSCL,Goa

Prof.Shaber Ali, VMSCL,Goa
 1.TERM OF CR IN LITERARY,
DRAMATIC, MUSICAL OR ARTISTIC
WORK
 Work is published in the lifetime of the
author CR subsist during the lifetime of the
author + until 60 years from the beginning of
Calendar year (1st January)-next following
year in which the author dies
 In case of Joint authorship the 60 years
period will commence after the death of the
author who dies last

Prof.Shaber Ali, VMSCL,Goa

 4.TERM OF CR IN PHOTOGRAPH
 CR in photograph subsist until 60 years
 5.TERM OF CR IN CINEMATOGRAPHIC
FILM
 Until 60 years from the beginning of the
Calendar
 6.TERM OF CR IN SOUND RECORDING
 60 years in which the record is published

Prof.Shaber Ali, VMSCL,Goa

 7.TERM OF CR IN GOVERNMENT WORK
 Government is the owner of the 1st CR, CR subsist
until 60 years
 8.TERM OF CR IN WORK OF PUBLIC
UNDERTAKING
 CR will subsist for 60 years from the year in which
it is 1st published
 9.TERM OF CR IN WORK OF INTERNATIONAL
ORGANISATION
 CR subsist until 60 years from the beginning of the
Calendar year next following the year in which the
work is 1st published

Prof.Shaber Ali, VMSCL,Goa

 10. BROADCAST REPRODUCTION RIGHTS
 The broadcasting reproduction rights shall subsist
until 25 years from the calendar year next following
the year in which the broadcast is made

 11.PERFORMER’S RIGHTS of performers

subsist until 50 years from the beginning of the
Calendar year next following the year in which
the performance is made.

Prof.Shaber Ali, VMSCL,Goa

 Author - Owner

 Person who owns a book or its

manuscript is not necessarily the
owners of CR there in
 Author of the work is the 1st owner of
the CR in the work
 This rule has certain EXCEPTIONS
 Author an Employee, work made in the
course of employment
Prof.Shaber Ali, VMSCL,Goa
 First owner

 Section 17 of the Act

 Author is first owner
 Unless
 Work made as an employee
 Commissioned work
 Government work or of public undertaking
 Other exceptions

Prof.Shaber Ali, VMSCL,Goa

 Author
 Author of the work is first owner of CR Sec.
17
 Author in relation to various works- Sec. 2
(d) – Name the author in the following
1. Literary/dramatic work
2. Musical work
3. Artistic work
4. Photograph
5. Cinematographic film
6. Sound recording
7. Work created by computer

Prof.Shaber Ali, VMSCL,Goa

 Procedure to obtain CR
 Application in triplicate
 Applicant to serve notice of his application
to every one who has any interest in the
subject matter
 Objection – received by Registrar of CR in
30 days – inquiry
 No objections – enter in register
 Registrar – send copies to the parties
Prof.Shaber Ali, VMSCL,Goa
 Authorities - remedies
 CR Office - Registrar of CR
 CR Board – Chairman +2/more
persons
 Remedies
 Injunctions
 Accounts of profit
 Administrative remedies
 Criminal remedies

Prof.Shaber Ali, VMSCL,Goa

Prof.Shaber Ali, VMSCL,Goa