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Chapter 1

INTELLECTUAL PROPERTY RIGHTS

1.1 INTRODUCTION AND OVERVIEW

Intellectual property is unique, as it is the fruit of personal creation and inventiveness. It might

be a poem that you write, the name your hairdresser thinks up to sell his or her services, or a

mother’s invention for a non-spill cup for babies. It can also be a Picasso painting, an Akira

Kurosawa film, a Naquin Mahfouz novel, a new method of irrigation for farmers in arid

regions, the invention of the light bulb, a computer chip or a jet turbine engine. In the future,

intellectual property creators aim to deliver more abundant food resources, clean energy and

cures for illnesses from cancer to the common cold. In virtually every instance, intellectual

property stimulates progress, transforming society and adding value to our lives. Intellectual

property refers to creations of the mind: inventions; literary and artistic works; and symbols,

names and images used in commerce.

Intellectual Property Rights (IPR) is the collective name for new and unique ideas, products and

creations resulting from human creativity and innovation.Copyright, Trademarks, Patents,

Database Rights and Performance Rights are the most relevant rights with regards to those that

may apply to digital content. In most cases, once a creative endeavor or innovation is protected,

like property, the associated rights can be traded, bought and sold, bequeathed and licensed.

1.2 WHY DOES INTELLECTUAL PROPERTY NEED PROTECTION

Society provides legal rights over intellectual property to encourage the production of

inventions and creative works that benefit society, and to help innovators and creators make a

living from their work. These rights, which can belong to individuals or organizations, are

recognized by governments and courts. The system is designed to benefit society as a whole, in

both developed and developing countries, striking a delicate balance to ensure that the needs of

both the creator and the user are satisfied.

Intellectual property is divided into two categories:

1. Industrial Property

2. Copyright and related rights

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Fig 1.1 Types Of Intellectual Property

Industrial Property includes patents for invention, trademarks, industrial design and

geographical indication.

Copyright covers literary works (such as novels, poems and plays) films, music, artistic

works(e.g. drawings, paintings, photographs and sculptures) and architectural design. Rights

related to copyright include those of performing artists in their performances, producers of

phonograms in their recordings, and broadcasters in their radio and television programs.

1.3 INTELLECTUAL PROPERTY RIGHTS

Intellectual property rights are like any other property right. They allow creators, or owners,

of patents, trademarks or copyrighted works to benefit from their own work or investment

in a creation. These rights are outlined in Article27 of the Universal Declaration of Human

Rights, which provides for the right to benefit from the protection of moral and material

interests resulting from authorship of scientific, literary or artistic productions. The

importance of intellectual property was first recognized in the Paris Convention for the

Protection of Industrial Property (1883) and the Berne Convention for the Protection of

Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual

Property Organization (WIPO).

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1.4 PROMOTE AND PROTECT INTELLECTUAL PROPERTY

There are several compelling reasons. First, the progress and well-being of humanity rest on its

capacity to create and invent new works in the areas of technology and culture. Second, the legal

protection of new creations encourages the commitment of additional resources for further

innovation. Third, the promotion and protection of intellectual property spurs economic growth,

creates new jobs and industries, and enhances the quality and enjoyment of life. An efficient and

equitable intellectual property system can help all countries to realize intellectual property’s

potential as a catalyst for economic development and social and cultural well-being. The

intellectual property system helps strike a balance between the interests of innovators and the

public interest, providing an environment in which creativity and invention can flourish, for the

benefit of all.

1.5 HOW IS INTELLECTUAL PROPERTY PROTECTED?

Different types of intellectual property literary and artistic creations, inventions, brand names,

and designs, to name a few are protected in different ways:

1) Creations in the fields of literature and the arts, such as books, paintings, music, films as

well as software, are generally protected through copyright or so called neighboring rights.

2) Technological inventions are typically protected by patents;

3) distinctive features such as words, symbols, smells, sounds, colours and shapes that

distinguish one product or service from another, can be protected by trademark rights.

4) The specific external appearance given to objects, such as furniture, car body parts,

tableware, clothing or jewellery, may enjoy design protection;

5) Geographical indications (e.g. Parma ham) and trade secrets are also considered to be types

of intellectual property and most countries provide some form of legal protection for them;

6) Legal protection for safety and efficacy studies data for certain regulated products (e.g.

plant science products and pharmaceuticals) is increasingly provided in many parts of the

world.

This wide array of tools can be used by people and businesses at all levels. Almost all

businesses in all countries the vast majority of which are small enterprises use trademarks for

marketing their goods and services. Copyrights are even more easily available. The moment

someone writes a text, composes some music or draws an image, he or she will have copyright

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to the result. Intellectual property law limits what can be protected and for how long.

Intellectual property rights do not protect ideas.

These limitations and conditions are built-in mechanisms to balance the rights of intellectual

property owners with the interests of society. Intellectual property rights allow innovators and

creators to choose the terms on which they distribute their work. They can choose, for example,

to license and sell their works or inventions, to make them available for free, or to allow their

use subject to certain conditions. In the patent area, patented technologies are shared on certain

terms as common technical standards to improve the interoperability of different systems, thus

simplifying the lives of consumers. Looking forward, as economies develop, the use and value

of intellectual capital will gradually replace the value of raw materials as a percentage of capital

input toward economic growth. As such, intellectual property is an increasingly important asset

that must be continually nurtured, protected and stimulated to grow.

The World Economic Forum Global Competitiveness Report indicates correlation between the

protection of intellectual property rights and national competitiveness. In 2004, the 20 countries

that were perceived as having the most stringent intellectual property protection were classed

among the top 27 in the WEF’s growth competitiveness index. Conversely, the 20 countries

perceived as having the weakest intellectual property regimes were ranked among the bottom 36

for growth and competitiveness.

Intellectual property rights (IPRs) affect international trade flows when knowledge intensive

goods move across national boundaries. The importance of IPRs for trade has gained more

significance as the share of knowledge intensive or high technology products in total world

trade has doubled between 1980 and 1994 from 12 percent to 24 percent. At the international

level, IPRs have traditionally been governed by several conventions most prominently the Paris

Convention for patents and trademarks and the Berne Convention for copyrights which are

administered by the World Intellectual Property Organization (WIPO).

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Chapter 2

INDUSTRIAL PROPERTY

Industrial Property includes patents for inventions, trademarks, industrial designs and

geographical indications. The broad application of the term industrial is clearly set out in the

Paris Convention for the Protection of Industrial Property Industrial property shall be

understood in the broadest sense and shall apply not only to industry and commerce proper, but

likewise to agricultural and extractive Understanding Industrial Property industries and to all

manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals,

mineral waters, beer, flowers and flour.

These include patents to protect inventions; and industrial designs, which are aesthetic creations

determining the appearance of industrial products. Industrial property also covers trademarks,

service marks, layout-designs of integrated circuits, commercial names and designations, as well

as geographical indications, and protection against unfair competition. In some of these, the

aspect of intellectual creation, although existent, is less clearly defined.

What counts here is that the object of industrial property typically consists of signs transmitting

information, in particular to consumers, as regards products and services offered on the market.

Protection is directed against unauthorized use of such signs likely to mislead consumers, and

against misleading practices in general.

2.1 PATENT

A patent is an exclusive right granted for an invention a product or process that provides a new

way of doing something, or that offers a new technical solution to a problem. A patent provides

patent owners with protection for their inventions. Protection is granted for a limited period,

generally 20 years.

A Patent is a legal monopoly, which is granted for a limited time by a country to the owner of

an invention. Merely to have a patent does not give the owner the rights to use or exploit the

patented invention. That right may still be affected by other laws such as health and safety

regulation, or the food and drugs regulation or even by other patents.

The patent, in the eyes of the law, is a property right and it can be given away, inherited, sold,

licensed and can even be abandoned. As it is conferred by the government, the government, in

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certain cases even after grant or even if it has been, in the meantime, sold or licensed, can

revoke it.

1. A Patent gives an inventor the right for a limited period to stop others from making,

using, selling or importing an invention without the permission of the inventor. That is why

patent is called a "negative right".

2. Patents are generally concerned with functional and technical aspects of products and

processes and must fulfill specific conditions to be granted.

3. Most patents are for incremental improvements in known technology evolution rather than

revolution. The technology does not have to be complex.

4. Patent rights are territorial; an Indian patent does not give rights outside of India.

5. Patent rights last for up to 20 years in India and in most countries outside India.

6. Depending on where you wish your patent to be in effect, you must apply to the appropriate

body. In India, this is The Indian Patent Office. There are various Patent Offices around the

world. Alternatively, a Patent Agent can apply on your behalf.

2.1.1 PROCEDURE FOR FILLING PATENT APPLICATION

a. Legal Basis

The Patents Act 1970, as amended by The Patents (Amendment) Act 2005.

The Patents Rules, 2003, as amended by The (Amendment) Rules 2006.

b. Filing Application

Any person, even if he or she is a minor, may apply for a patent either alone or jointly with any

other person. Such persons include the inventor, or his assignee or legal representative in the

case of an ordinary application or, in the case of a priority application, the applicant in the

convention country or his assignee or his legal representative. A corporate body cannot be

named as an inventor. Foreigners and nationals not living in India need an address for service in

India for this purpose. They may appoint a registered agent or representative whose address for

service can be the address for service in India.

c. Place of filing:

An application for patent must be filed at the Patent Office branch within whose territorial

jurisdiction the applicant resides or has his principal place of business or domicile. A foreign

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applicant must file in the Patent Office branch having jurisdiction over the place where his

address for service is located.

d. Priority:

Priority can be claimed from the earliest corresponding application in a convention country,

provided that the Indian application is filed within twelve months of the priority date. Multiple

and partial priorities are allowed.

Fig 1.2 Procedure of filling patent application

e. Specification:

A priority application must be filed with a complete specification in the first instance but a

non-priority application may be filed with either a provisional specification or a complete

specification. Where a provisional specification is filed in the first instance, a complete

specification must be filed within twelve months. Where two or more provisional

specifications have been filed, the specifications may be cognated and all the subject matter

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may be incorporated into a single complete specification to be lodged within twelve months

of the date of the earliest filed provisional specification.

f. Naming of inventor(s):

As regards non-priority applications, the inventor(s) must be named in the application form. As

regards priority applications, a declaration as to inventor ship must be filed with the application

or within a maximum period of six months.

g. Information of corresponding applications in other countries:

It is necessary at the time of filing a patent application in India, to inform the Controller of the

details of all corresponding applications in other countries and to undertake to keep the

Controller so informed up to the grant of the Indian application. Failure to do so could result in

the refusal of the application in case it is opposed, or even revocation of a patent in proceedings

before the High Court.

2.1.2 WHY ARE PATENTS NECESSARY?

Patents provide incentives to individuals by recognizing their creativity and offering the

possibility of material reward for their marketable inventions. These incentives encourage

innovation, which in turn enhances the quality of human life.

2.1.3 WHAT KIND OF PROTECTION DO PATENTS OFFER?

Patent protection means an invention cannot be commercially made, used, distributed or sold

without the patent owner’s consent. Patent rights are usually enforced in courts that, in most

systems, hold the authority to stop patent infringement. Conversely, a court can also declare a

patent invalid upon a successful challenge by a third party.

2.1.4 WHAT RIGHTS DO PATENT OWNERS HAVE?

A patent owner has the right to decide who may or may not use the patented invention for the

period during which it is protected. Patent owners may give permission to, or license, other

parties to use their inventions on mutually agreed terms.

Owners may also sell their invention rights to someone else, who then becomes the new owner

of the patent. Once a patent expires, protection ends and the invention enter the public domain.

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This is also known as becoming off patent, meaning the owner no longer holds exclusive rights

to the invention, and it becomes available for commercial exploitation by others.

2.1.5 WHAT ROLE DO PATENTS PLAY IN EVERYDAY LIFE?

Patented inventions have pervaded every aspect of human life, from electric lighting (patents

held by Edison and Swan) and sewing machines (patents held by Howe and Singer), to magnetic

resonance imaging (MRI) (patents held by Damadian) and the iPhone (patents held by Apple).

In return for patent protection, all patent owners are obliged to publicly disclose information on

their inventions in order to enrich the total body of technical knowledge in the world. Patents

therefore provide not only protection for their owners but also valuable information and

inspiration for future generations of researchers and inventors.

2.1.6 HOW IS A PATENT GRANTED?

The first step in securing a patent is to file a patent application. The application generally

contains the title of the invention, as well as an indication of its technical field. It must include

the background and a description of the invention, in clear language and enough detail that an

individual with an average understanding of the field could use or reproduce the invention.

2.1.7 WHAT KINDS OF INVENTIONS CAN BE PROTECTED?

An invention must, in general, fulfill the following conditions to be protected by a patent. It must

be of practical use; it must show an element of “novelty”, meaning some new characteristic that

is not part of the body of existing knowledge in its particular technical field. That body of

existing knowledge is called prior art‖. The invention must show an inventive step‖ that could

not be deduced by a person with average knowledge of the technical field. Its subject matter

must be accepted as “patentable” under law. In many countries, scientific theories,

mathematical methods, plant or animal varieties, discoveries of natural substances, commercial

methods or methods of medical treatment (as opposed to medical products) are not generally

patentable.

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2.1.8 WHO GRANTS PATENTS?

Patents are granted by national patent offices or by regional offices that carry out examination

work for a group of countries for example, the European Patent Office (EPO) and the African

Intellectual Property Organization(OAPI). Under such regional systems, an applicant requests

protection for an invention in one or more countries, and each country decides whether to offer

patent protection within its borders.

The WIPO- administered Patent Cooperation Treaty (PCT) provides for the filing of a single

international patent application that has the same effect as national applications filed in the

designated countries. An applicant seeking protection may file one application and request

protection in as many signatory states as needed.

2.2 TRADEMARK

A trademark is a distinctive sign that identifies certain goods or services produced or provided

by an individual or a company. The system helps consumers to identify and purchase a product

or service based on whether its specific characteristics and quality as indicated by its unique

trademark meet their needs.

A Trademark is any sign which can distinguish the goods and services of one trader from those

of another. A sign includes words, logos, colours, slogans, three- dimensional shapes and

sometimes sounds and gestures.

A trademark is therefore a "badge" of trade origin. It is used as a marketing tool so that

customers can recognize the product of a particular trader. To be registrable in India it must also

be capable of being represented graphically, that is, in words and/or pictures.

2.2.1 CHANGES IN THE INDIAN TRADE MARK LAW

A new Trademark regime has been introduced in India since September 15, 2003. The new

Trade Marks Act, 1999 has many innovative features:

1. Service Marks:

A mechanism is now available to protect marks used in the service industry. Thus businesses

providing services like computer hardware and software assembly and maintenance, restaurant

and hotel services, courier and transport, beauty and health care, advertising, publishing,

educational and the like are now in a position to protect their names and marks.

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2. Collective Marks:

Marks being used by a group of companies can now be protected by the group collectively.

3. Well-known marks:

Marks, which are deemed to be well known, are defined. Such marks will enjoy greater

protection. Persons will not be able to register or use marks, which are imitations of well- known

trademarks.

4. Enlarged scope of registration:

Persons who get their marks registered for particular goods in a particular class and commence

using their marks can sue and prevent other persons from:

a) Using the same or similar marks even for different goods falling in other classes.

b) Using the same or similar marks even only as part of their firm name.

c) Using the same or similar mark only in advertising or on business papers.

d) Unauthorized oral use of the said trademark.

5. Stringent punishment:

Punishment for violating a trademark right has been enhanced. The offence has now been made

cognizable and wide powers have been given to the police to seize infringing goods. At the same

time the power of the Courts to grant ex parte injunctions have been amplified.

6. Appellate Board:

An appellate board (IPAB) has been constituted based in Chennai for speedy disposal of

Appeals and rectification applications.

7. Expedited procedure:

Mechanisms have been set in place for expediting search and registration by paying five times

the normal fee.

8. Enhanced renewal period:

Registered trademarks need to be renewed every ten years.

a) License agreements do not need to be compulsorily registered.

b) Marks may include the shape of goods.

c) Marks may include a combination of colors.

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2.2.2 WHAT DO TRADEMARKS DO?

Trademark protection ensures that the owners of marks have the exclusive right to use them to

identify goods or services, or to authorize others to use them in return for payment. The period

of protection varies, but a trademark can be renewed indefinitely upon payment of the

corresponding fees. Trademark protection is legally enforced by courts that, in most systems,

have the authority to stop trademark in fragment. In a larger sense, trademarks promote initiative

and enterprise worldwide by rewarding their owners with recognition and financial profit.

Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use

similar distinctive signs to market inferior or different products or services. The system enables

people with skill and enterprise to produce and market goods and services in the fairest possible

conditions, thereby facilitating international trade.

2.2.3 WHAT KINDS OF TRADEMARKS CAN BE REGISTERED?

In some countries, non-traditional marks may be registered for distinguishing features such as

holograms, motion, color and non-visible signs (sound, smeller taste).

In addition to identifying the commercial source of goods or services, several other trademark

categories also exist.

Collective marks are owned by an association whose members use them to indicate products

with a certain level of quality and who agree to adhere to specific requirement set by the

association. Such associations might represent, for example, accountants, engineers or architects.

2.2.4 HOW IS A TRADEMARK REGISTERED?

First, an application for registration of a trademark must be filed with the appropriate national or

regional trademark office. The application must contain a clear reproduction of the sign filed for

registration, including any colors, forms or three-dimensional features. It must also contain a list

of the goods or services to which the sign would apply. The sign must fulfill certain conditions

in order to be protected as a trademark or other type of mark. Finally, the rights applied for

cannot be the same as, or similar to, rights already granted to another trademark owner.

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2.2.5 HOW EXTENSIVE IS TRADEMARK PROTECTION?

Each national or regional office maintains a Register of Trademarks containing full application

information on all registrations and renewals, which facilitates examination, search and

potential opposition by third parties.

The effects of the registration are, however, limited to the country concerned. To avoid the

need to register separate applications with each national or regional office, WIPO administers an

international registration system for trademarks.

2.3 INDUSTRIAL DESIGN

An industrial design refers to the ornamental or aesthetic aspects of an article. A design may

consist of three-dimensional features, such as the shape or surface of an article, or

two-dimensional features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of industrial products and handicrafts: from

technical and medical instruments to watches, jewelry and other luxury items: from house wares

and electrical appliances to vehicles and architectural structures; from textile designs to leisure

goods.

2.3.1 WHY PROTECT INDUSTRIAL DESIGNS?

Industrial designs are what make an article attractive and appealing; hence, they add to the

commercial value of a product and increase its marketability.

When an industrial design is protected, the owner the person or entity that has registered the

design is assured an exclusive right and protection against unauthorized copying or imitation of

the design by third parties .This helps to ensure a fair return on investment. An effective system

of protection also benefits consumers and the public at large, by promoting fair competition and

honest trade practices, encouraging creativity and promoting more aesthetically pleasing

products.

2.3.2 HOW CAN INDUSTRIAL DESIGNS BE PROTECTED?

In most countries, an industrial design must be registered in order to be protected under

industrial design law. As a rule, to be registered, the design must be “new” or “original”.

Countries have varying definitions of such terms, as well as variations in the registration process

itself. Generally, new means that no identical or very similar design is known to have

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previously existed. Once a design is registered, a registration certificate is issued. Following

that, the term of protection granted is generally five years, with the possibility of further

renewal, in most cases for a period of up to 15 years.

2.3.3 HOW EXTENSIVE IS INDUSTRIAL DESIGN PROTECTION?

Generally, industrial design protection is limited to the country in which protection is granted.

The Hague Agreement Concerning the International Registration of Industrial Designs, a WIPO

administered treaty, offers a procedure for international registration of designs.

Applicants can file a single international application either with WIPO or the national or

regional office of a country party to the treaty. The design will then be protected in as many

member countries of the treaty as the applicant designates.

2.4 GEOGRAPHICAL INDICATION

Fig 2.1 Geographical Indication

A geographical indication is a sign used on goods that have a specific geographical origin and

possess qualities or a reputation due to that place of origin.

Most commonly, a geographical indication consists of the name of the place of origin of the

goods. Agricultural products typically have qualities that derive from their place of production

and are influenced by specific local geographical factors, such as climate and soil.

Whether a sign functions as a geographical indication is a matter of national law and consumer

perception. The use of geographical indications is not limited to agricultural products.

2.4.1 WHAT IS AN APPELLATION OF ORIGIN?

An appellation of origin is a special kind of geographical indication used on products that have a

specific quality exclusively or essentially due to the geographical environment in which the

products are produced. The term geographical indication encompasses appellations of origin.

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Examples of appellations of origin that are protected instates party to the Lisbon Agreement

for the Protection of Appellations of Origin and their International Registration are “Bordeaux”

for wine produced in the Bordeaux region of France,

Prosciutto di Parma or Parma ham for ham produced in the Parma province of Italy or “Habana”

for tobacco grown in the Havana region of Cuba.

2.4.2 WHY DO GEOGRAPHICAL INDICATIONS NEED PROTECTION?

Many of them have acquired valuable reputations which, if not adequately protected, may be

misrepresented by commercial operators. False use of geographical indications by unauthorized

parties, for example ―Darjeeling‖ for tea that was not grown in the tea gardens of Darjeeling, is

detrimental to consumers and legitimate producers.

2.4.3 WHAT IS THE DIFFERENCE BETWEEN A GEOGRAPHICAL INDICATION

AND A TRADEMARK?

A trademark is a sign used by a company to distinguish its goods and services from those

produced by others. It gives its owner the right to prevent others from using the trademark.

A geographical indication guarantees to consumers that a product was produced in a certain

place and has certain characteristics that are due to that place of production. It may be used by

all producers who make products that share certain qualities in the place designated by a

geographical indication.

2.4.4 WHAT IS A “GENERIC” GEOGRAPHICAL INDICATION?

If the name of a place is used to designate a particular type of product, rather than to indicate its

place of origin, the term no longer functions as a geographical indication. For example, ―Dijon

mustard‖, a kind of mustard that originated many years ago in the French town of Dijon, has,

overtime, come to denote mustard of that kind made in many places.

2.4.5 HOW ARE GEOGRAPHICAL INDICATIONS PROTECTED?

Geographical indications are protected in accordance with national laws and under a wide range

of concepts, such as laws against unfair competition, consumer protection laws, laws for the

protection of certification marks or special laws for the protection of geographical indications or

appellations of origin. In essence, unauthorized parties may not use geographical indications if

such use is likely to mislead the public as to the true origin of the product.

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2.4.6 WHAT IS WIPO’S ROLE IN THE PROTECTION OF GEOGRAPHICAL

INDICATIONS?

WIPO administers a number of international agreements that deal partly or entirely with the

protection of geographical indications (in particular, the Paris Convention and the Lisbon

Agreement).

WIPO meetings offer Member States and other interested parties the opportunity to explore new

ways of enhancing the international protection of geographical indications.

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Chapter 3

COPYRIGHT AND RELATED ISSUES

Fig3.1 Copyright

Copyright Registration in India gives the creators of a wide range of material, such as literature,

art, music, sound recordings, films and broadcasts, economic rights enabling them to control use

of their material in a number of ways, such as by making copies, issuing copies to the public,

performing in public, broadcasting and use on-line. It also gives moral rights to be identified as

the creator of certain kinds of material and to object to its distortion or its mutilation. However,

copyright does not protect ideas, names or titles.

The purpose of copyright law in India is to allow copyright registrants to gain economic rewards

for their efforts and so encourage future creativity and the development of new material which

benefits us all.

Copyright protection is automatic as soon as there is a record in any form of the material that

has been created. Under the Indian Copyright Act there is a provision to register copyright

although this is voluntary.

Copyright laws grant authors ,artists and other creators protection for their literary and artistic

creations, generally referred to as works. A closely associated field is related rights or rights

related to copyright that encompass rights similar or identical to those of copyright, although

sometimes more limited and of shorter duration. The beneficiaries of related rights are:

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performers (such as actors and musicians) in their performances; producers of phonograms (for

example, compact discs) in their sound recordings; and broadcasting organizations in their radio

and television programs.

Works covered by copyright include, but are not limited to: novels, poems, plays, reference

works, newspapers, advertisements, computer programs, databases, films, musical compositions,

choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical

drawings.

3.1 OWNER OF COPYRIGHT

1) In the case of a literary, dramatic, musical or artistic work, the general rule is that the

author, i.e. the person who created the work, is the first owner of the economic rights under

copyright. However, where such a work is made in the course of employment, the employer

is the first owner of these rights, unless an agreement to the contrary has been made with

the author.

2) In the case of a film, the principal director and the film producer are joint authors and first

owners of the economic rights and similar provisions as referred to above apply where the

director is employed.

3) In the case of a sound recording the record producer is the author and first owner of

copyright; in the case of a broadcast, the broadcaster; and in case of a published edition, the

publisher.

Copyright is, however, a form of property which, like physical property, can be bought or

sold, inherited or otherwise transferred, wholly or in part. So, some or all of the economic rights

may subsequently belong to someone other than the first owner. In contrast, the moral rights

accorded to authors of literary, dramatic, musical and artistic works and film directors remain

with the author or director or pass to his or her heirs on death. Copyright in material produced

by a Government department belongs to the Government of India.

Copyright owners generally have the right to authorize or prohibit any of the following

things in relation to their works:

1. Copying of the work in any way eg. photocopying / reproducing a printed page by

handwriting, typing or scanning into a computer / taping live or recorded music.

2. Issuing copies of the work to the public.

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3. Public delivery of lectures or speeches etc.

4. Broadcasting of the work, audio / video or including it in a cable programme.

5. Making an adaptation of the work such as by translating a literary or dramatic work,

transcribing a musical work and converting a computer program into a different computer

language or code.

Copyright is infringed when any of the above acts are done without authorisation, whether

directly or indirectly and whether the whole or a substantial part of a work, unless what is

done falls within the scope of exceptions to copyright permitting certain minor uses of material.

There are a number of exceptions to copyright that allow limited use of copyright works

without the permission of the copyright owner. For example, limited use of works may be

possible for research and private study, criticism or review, reporting current events, judicial

proceedings, teaching in schools and other educational establishments and not for profit playing

of sound recordings.

But if you are copying large amounts of material and/or making multiple copies then you may

still need permission. Also where a copyright exception covers publication of excerpts from a

copyright work, it is generally necessary to include an acknowledgement. Sometimes more than

one exception may apply to the use you are thinking of. Exceptions to copyright do not

generally give you rights to use copyright material; they just state that certain activities do not

infringe copyright. So it is possible that an exception could be overridden by a contract you have

signed limiting your ability to do things that would otherwise fall within the scope of an

exception.

It is important to remember that just buying or owning the original or a copy of a copyright

work does not give you permission to use it the way you wish. For example, buying a copy of a

book, CD, video, computer program etc does not necessarily give you the right to make copies

(even for private use), play or show them in public. Other everyday uses of copyright material,

such as photocopying, scanning, downloading from a CD-ROM or on-line database, all involve

copying the work. So, permission is generally needed. Also, use going beyond an agreed license

will require further permission.

3.2 WHAT RIGHTS DO COPYRIGHT AND RELATED RIGHTS PROVIDE?

The creators of works protected by copyright, and their heirs and successors (generally referred

to as ―right holders‖), have certain basic rights under copyright law. They hold the exclusive

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right to use or authorize others to use the work on agreed terms. The right holder(s) of a work

can authorize or prohibit :its reproduction in all forms, including print form and sound recording;

its public performance and communication to the public; its broadcasting; its translation into

other languages; and its adaptation, such as from a novel to a screenplay for a film. Similar

rights of, among others, fixation (recording) and reproduction are granted under related rights.

Many types of works protected under the laws of copyright and related rights require mass

distribution, communication and financial investment for their successful dissemination (for

example, publications, sound recordings and films).

Hence, creators often transfer these rights to companies better able to develop and market the

works, in return for compensation in the form of payments and/or royalties (compensation based

on a percentage of revenues generated by the work). The economic rights relating to copyright

are of limited duration –as provided for in the relevant WIPO treaties – beginning with the

creation and fixation of the work, and lasting for not less than 50 years after the creator’s death.

National laws may establish longer terms of protection.

This term of protection enables both creators and their heirs and successors to benefit financially

for a reasonable period of time. Related rights enjoy shorter terms, normally 50 years after the

performance, recording or broadcast has taken place. Copyright and the protection of performers

also include moral rights, meaning the right to claim authorship of a work, and the right to

oppose changes to the work that could harm the creator’s reputation.

Rights provided for under copyright and related rights laws can be enforced by right holders

through a variety of methods and for a, including civil action suits, administrative remedies

and criminal prosecution. Injunctions, orders requiring destruction of infringing items,

inspection orders, among others, are used to enforce these rights.

3.3 WHAT ARE THE BENEFITS OF PROTECTING COPYRIGHT AND RELATED

RIGHTS?

Copyright and related rights protection is an essential component in fostering human creativity

and innovation. Giving authors, artists and creators incentives in the form of recognition and fair

economic reward increases their activity and output and can also enhance the results. By

ensuring the existence and enforceability of rights ,individuals and companies can more easily

invest in the creation, development and global dissemination of their works. This, in turn, helps

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to increase access to and enhance the enjoyment of culture, knowledge and entertainment the

world overhand also stimulates economic and social development.

3.4 HOW HAVE COPYRIGHT AND RELATED RIGHTS KEPT UP WITH ADVANCES

IN TECHNOLOGY?

The field of copyright and related rights has expanded enormously during the last several

decades with the spectacular progress of technological development that has, in turn, yielded

new ways of disseminating creations by such forms of communication as satellite

Broadcasting, compact discs and DVDs. Widespread dissemination of works via the Internet

raises difficult questions concerning copyright and related rights in this global medium. WIPO is

fully involved in the ongoing international debate to shape new standards for copyright

protection in cyberspace. In that regard, the Organization administers the WIPO Copyright

Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), known as the

Internet Treaties‖. These treaties clarify international norms aimed at preventing unauthorized

access to and use of creative work son the Internet.

3.5 HOW ARE COPYRIGHT AND RELATED RIGHTS REGULATED?

Copyright and related rights protection is obtained automatically without the need for

registration or other formalities. However, many countries provide for a national system of

optional registration and deposit of works. These systems facilitate, for example, questions

involving disputes over ownership or creation, financial transactions, sales, assignments and

transfer of rights. Many authors and performers do not have the ability or means to pursue the

legal and administrative enforcement of their copyright and related rights, especially given the

increasingly global use of literary, music and performance rights. As a result, the establishment

and enhancement of collective management organizations(CMOs), or ―societies‖, is a growing

and necessary trend in many countries. These societies can provide their members with efficient

administrative support and legal expertise.

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Chapter 4

WORLD INTELLECTUAL PROPERTY ORGAZISATION

Established in 1970, the World Intellectual Property Organization (WIPO) is an international

organization dedicated to helping ensure that the rights of creators and owners of intellectual

property are protected worldwide, and that inventors and authors are therefore recognized and

rewarded for their ingenuity. This international protection acts as a spur to human creativity,

pushing back the limits of science and technology and enriching the world of literature and the

arts. By providing a stable environment for marketing products protected by intellectual

property, it also oils the wheels of international trade.

WIPO works closely with its Member States and other constituents to ensure the intellectual

property system remains a supple and adaptable tool for prosperity and well- being, crafted to

help realize the full potential of created works for present and future generations.

4.1 HOW DOES WIPO PROMOTE THE PROTECTION OF INTELLECTUAL

PROPERTY?

As part of the United Nations system of specialized agencies, WIPO serves as a forum for its

Member States to establish and harmonize rules and practices for the protection of intellectual

property rights. WIPO also services global registration systems for trademarks, industrial

designs and appellations of origin, and a global filing system for patents. These systems are

under regular review by WIPO’s Member States and other stakeholders to determine how they

can be improved to better serve the needs of users and potential users.

Many industrialized nations have intellectual property protection systems that are centuries old.

Among newer or developing countries, however, many are in the process of building up their

patent, trademark and copyright legal frameworks and intellectual property systems. With the

increasing globalization of trade and rapid changes in

technological innovation, WIPO plays a key role in helping these systems to evolve through

treaty negotiation; legal and technical assistance; and training in various forms, including in the

area of enforcement. WIPO works with its Member States to make available information

nonintellectual property and outreach tools for a range of audiences

from the grassroots level through to the business sector and policymakers to ensure its benefits

are well recognized, properly understood and accessible to all.

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4.2 HOW IS WIPO FUNDED?

WIPO is a largely self-financed organization, generating more than 90 percent of its annual

budget through its widely used international registration and filing systems, as well as through

its publications and arbitration and mediation services. The remaining funds come from

contributions by Member States.

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CONCLUSIONS

Intellectual property rights are often confusing and sometimes the topic of heated debates. There

are those who question the worth of creative products and projects, claiming design and art are

something anyone can do, regardless of training, experience, or any inherent ability. As creative,

a deterioration of intellectual property rights is a dangerous possibility. By going public with our

work, we have no recourse to prevent others from using our designs, our photos, or our other

artwork without paying us or even offering proper credit.

And yet, creatives are just as often guilty of violating these rights as those who aren’t in a

creative profession (and sometimes, I think, more likely). We need to have more respect for our

fellow creators and their work, regardless of our perceptions of what we think about their work

and their process. If it was created by someone else, we need to respect that and abide by their

wishes when it comes to use, credit, and compensation.

As creative professionals, we often have a good idea of what goes into the things we create. A

web designer can look at a website and have a good idea of what went into designing it. A

graphic designer can look at a logo and get a sense of what tools were used to create it. Outside

design fields, other creatives also have a good sense of what goes into their respective art forms.

But all too often, we don’t understand what goes into parallel creative professions. Web

designers don’t necessarily know what goes into creating a stock photograph. Photographers

might not have any clue what goes into creating a typeface. We look at different creative

pursuits and careers from within our own, narrow focus, often overlooking important aspects of

different creative industries.

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BIBLIOGRAPHY AND REFERENCES

Websites:

1) http:// en.wikipedia.org/wiki/Intellectual property/

2) http://www.ipmag.com/

3) http:// www.rkdewan.com/

4) http://www.wipo.int/about-ip/index.html

5) http://www.wipo.int/freepublications/en/intproperty/

6) http://www.nipo.in/

1) http://www.ipindia.nic.in/