Professional Documents
Culture Documents
IPR Notes
IPR Notes
1
Legal Eagle
Copyright
Copyright is the exclusive and assignable legal right, given to the originator for a
fixed number of years, to print, publish, perform, film, or record literary, artistic,
or musical material.
Indian copyright law is at parity with the international standards as contained in
TRIPS. The (Indian) Copyright Act, 1957, pursuant to the amendments in the year
1999, fully reflects the Berne Convention for Protection of Literary and Artistic
Works, 1886 and the Universal Copyrights Convention, to which India is a party. India
is also a party to the Geneva Convention for the Protection of Rights of Producers of
Phonograms and is an active member of the World Intellectual Property Organization
(WIPO) and United Nations Educational, Scientific and Cultural Organization
("UNESCO").
Copyright gives the creator of the work to reproduce the work, make copies,
translate, adapt, sell or give on hire and communicate the work to public. Any of
these activities done without the consent of the author or his assignee is considered
infringement of the copyright.
Examples of work eligible for copyright:
a. Literary, musical, graphic and sculptural works
b. Cinema and any other audio visual work
2
Legal Eagle
Works which are not original can not be copyrighted. This includes works which are
published on government websites, universal facts, things which are of general
public like telephone dictionary or items in public domain.
Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise
from those of other enterprises. Trademarks are protected by intellectual property
rights. It may be one or combination of words, letters and numerals. They may also
consist of drawings, symbols, three dimensional signs such as shape and packaging
of goods, or colours used as distinguished feature. A trademark provides the owner
of the mark, the exclusive right to use the trademark to identify goods or services
or to authorise others to use it in return for some condieration.
The term of protection of a trademark is for a period pf ten years, but may be
renewed from time to time for an unlimited period by way of renewal fees.
The symbol of trademark is ™.
3
Legal Eagle
b. logos
c. pictures and drawings
d. Combinations
e. slogans
f. Colour marks
g. Product shape
h. Sound marks
Geographical Indications
A geographical indication (GI) is a sign used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that origin.
In order to function as a GI, a sign must identify a product as originating in a given
place.