WRITE - UP ON THE TOPIC

COPYRIGHT UNDER IPR

2018-23

SUBMITTED BY:- SUBMITTED TO:-

AMAN KUMAR KAUSHAL PANDEY

18FLICDDN02020

BA-LLB “A” (3rd Year)

WHAT IS INTELLECUTAL PROPERTY RIGHTS ?

Intellectual property (IP) refers to the creations of the human mind like
inventions, literary and artistic works, and symbols, names, images and designs
used in commerce. Intellectual property is divided into two categories:
Industrial property, which includes inventions (patents), trademarks, industrial
designs, and geographic indications of source; and Copyright, which includes
literary and artistic works such as novels, poems and plays, films, musical
works, artistic works such as drawings, paintings, photographs and sculptures,
and architectural designs. Rights related to copyright include those of
performing artists in their performances, producers of phonograms in their
recordings, and those of broadcasters in their radio and television programs.
Intellectual property rights protect the interests of creators by giving them
property rights over their creations.

The most noticeable difference between intellectual property and other forms of
property, however, is that intellectual property is intangible, that is, it cannot be
defined or identified by its own physical parameters. It must be expressed in
some discernible way to be protectable. Generally, it encompasses four separate
and distinct types of intangible property namely — patents, trademarks,
copyrights, and trade secrets, which collectively are referred to as “intellectual
property.”

WHAT IS COPYRIGHT ?

Copyright plays a crucial role in academic institutions. Although, copyright

protection has been in existence in India for more than 150 years, copyright
issues in academic institutions have not received enough attention. This paper
attempts to look at the issues in the background of the philosophical justification
for copyright protection. After a bird’s eye view of the basics of copyright, the
paper looks at the traditional issues relating to scope, ownership and use of
copyrighted works in educational institutions, in the light of case laws. Then the
possible issues that Indian educational institutions may have to face in the
context of the emergence of digital technologies and widespread use of
information technology are examined. The paper concludes with certain
suggestions for the consideration of the educational institutions.

Today, copyright law has extended protection not only to literary, dramatic,
musical and artistic works but also sound recordings, films, broadcasts, cable
programmes and typographical arrangements of publications. Computer
programs have also been brought within the purview of copyright law.
Copyright ensures certain minimum safeguards of the rights of authors over
their creations, thereby protecting and rewarding creativity