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INTELLECTUAL PROPERTY RIGHTS
To Creators And Owners Of Works.
• Like – Invention Of Idea, A Manuscript, A Suite Of Software, Or A Business Name •Aim - To Safeguard Creators And Other Producers Of Intellectual Goods And Services .
Types of Intellectual Property Rights • • • • • • • • • • • • • Copyright Geographical indication Industrial design rights IP cores used in electronic design Moral rights Patent Personality rights Plant breeders' rights Trade dress Trademark Trade secret Traditional knowledge Domain Name
WORLD INTELLECTUAL PROPERTY ORGANIZATION
• • • • • A specialized agency of the United Nations. Develops a balanced and accessible international intellectual property (IP) system. Established by the WIPO Convention in 1967 Headquarters:- Geneva and Switzerland. Goals: To Promote An IP Culture To Integrate IP Into National Development Policies & Programs To Develop International IP Laws & Standards To Deliver Quality Services In Global IP Protection Systems To Increase The Effeciency Of WIPO.
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Enacted in the year 1957. Protects the expression of ideas but not the idea itself. Protects writer/ creator of the original work from unauthorized reproduction of his materials. Encourages authors, composers, artists and designers to create original works. For obtaining a copyright the work should be first published in India. The creator should be a citizen of india.
Works protected by copyright
• • • • • • Literary Dramatic Musical Artistic works Cinematographic Records
• • Copy left – is licensing used to modify copyrights for works. Copyleft characterized as a copyright licensing scheme in which author surrenders some but not all rights under copyright law. Types:(i) Strong And Weak Copy left (ii) Full And Partial Copy
Piracy is the unauthorized duplication of an original recording for commercial gain without the consent of the rights owner. Piracy comes in several varieties : • End User Piracy • Reseller Piracy • BBS/Internet Piracy • Trademark/Trade Name Infringement
Remix Pirate Recordings
Betiyaan Apna Ya Paraya Dhan
Producer Dheeraj Kumar plagiarizing storyline for his forth coming Ghar Ki Laxmi Betiyaan. A case of copyright on producer Dheeraj Kumar copying a srcipt of the serial Betiyaan Apna Ya Paraya Dhan by Zee Tv originator Mrs.Rekha Modi. Controversy was based between two channels Zee and Star Plus of two same concepts. Both the titles have been registered with the Association of Motion Pictures & TV Programme Producers of India (AMPTPP)
THE ULTIMATE DECISION
• Decision BY PAHLAJ NIHLANI Chairman AMPTPP • The date of registering the concept for the zee by Mrs.Rekha was on 29th July 2006 • The date of registering the same by Mr.Dheeraj was 31st August 2006 • Decision was made in favour of Mrs Rekha as she proved with the registration documents. • Dheeraj was proved guilty and he was ordered by law to pay the penalties under the section of law and the damages towards Mrs Rekha.
Case Study: Karishma The Miracle of Destiny
•The appellant No.1 Barbara Taylor Bradford author of the "A Woman of Substance" • Journalist, Ms. Pammi Somal supporting the appellant •Respondent No.1 Sahara Media Entertainment Ltd. called "Karishma - a miracle of destiny", •Respondent No. 2 Akashdeep Sabir, "the creative director and producer". •Respondent No. 3 Talat Jani. •Respondent No. 4 Sachin Bhowmik the story writer. •The serial has taken the rags to riches theme of the book. •It mentions some four other characters common to the serial and the book.
• 12-5-2003 the plaintiffs obtained continuance of the interim order upon direction of their filing an undertaking to pay damages and costs; • As the project is a 100 crore project, damages for wrongfully obtaining injunction at the rate of Rs. 1,50,000 per week from 13-5-2003 until issuance of this dictated order. • Costs, on the basis of a realistic estimate of a heavy hearing, are assess at Rs. 10,000 per day of hearing in the Court below and Rs. 15,000 per day of hearing.
DA VINCI CODE CONTROVERSY
The author of the Da Vinci code Mr. Dan Brown “lifted the central theme” of the best selling novel from a non-fiction book about Jesus and the Catholic church, the Holy Grail and the Holy Blood. The high court was told on Monday, Feb. 27, 2006
• The da Vinci code had lifted the central theme of the book the theory that Jesus and Mary Magdalene married and had a child. The Holy Blood and The Holy Grail, the claim was that there had been non-literal copying of a substantial part of their literary work. However, the authors who sued Brown's publisher, The Random House, lost their first court case in 2006.
• Here's the point. The Holy Blood is a work of nonfiction. The Da Vinci Code is a work of fiction, it's a novel, a thriller. Among textual works protected by copyright law are: As a general observation, to sue for copyright breach it would have been a lot easier for the plaintiff authors had their 1982 work also been a work of fiction, a novel, a thriller.