What is what

Copyright-to print, publish, perform, film, or record literary, artistic, or musical material:
Patents-rewarding individual creativity and/or intellectual. the exclusive right to make, use,
exercise, and vend the invention. It is used for plants and also fruits, and flowers.
Trademark-a symbol, word, or words legally registered or established by use as representing
a company or product. (Logo)
Industrial design- Any design which is used for the public on a large basis and is helpful for
the public is known as Industrial design. (Lamp, Folding table)
Geographical indications- Anything which is linked with the State or country and the
particular thing is famous. (Darjeeling Tea)
The term of protection: -
Copyright- (Art 9-14) = 60 years in addition to the author’s lifespan. Where there are
multiple authors, the term is 60 years post the death of the last author.
Trademark- (15-21) = 10 years can be renewed Trademark renewal request must be filed
within 6 months prior to the expiration of the registration.
Patents- (Art 27-34) = 20 years from the date of filing of patent application, irrespective of
whether it is filed with provisional or complete specification. However, in case of
applications filed under PCT, the term of 20 years begins from the International filing date
accorded under PCT.
Industrial design-(Art 25-26) = A registered industrial design is valid for the period of 15
years from the registration date, and with its first renewal in 10 years and subsequent
renewal in every 5th year. It should be novel and original. It should be applied to a
functional article.
Geographical indications-(Art22-24)- 10 years can be renewed by the payment fee. If its
infringement can be filed in the district court under section 66 of GI act 1999.
Enforcement of IPR can be done both in civil and criminal and the procedure is written in
art 41-61 of the TRIPS agreement.

Dispute settlement body

 Consultation- Mutually agreed Establishment of the panel- If the consultation
process fails to bring the solution within 60 days. The
Should begin 30 days of request
complainant can ask DSB to establish a Panel
and should be completed within
(Consisting of 3 to 5 experts) If developed and
60 days
developing countries are there then one expert will
be from a developing country. They will not act in
official positions just act as individuals.

Panel Examination: -within 6

months the panel should
Adoption of the penal report- The DSB adopts the
complete its final report if
penal report 60 days after it is issued by the panel, if
emergency then within 3 months,
any objection is raised by any party it can consider
But in no case, it should exceed 9
them before adopting the final report.
months

Appellate Review- any party can

request appellate( set up by DSB)
or appeal them. The appellate
proceedings can be completed
within 60 days in no case should
exceed 90 days.
Implementation- Of ruling can be done after
30 days after the adoption of the appellate
report and final panel report If a party doesn’t
implement the ruling that would be breached
and will have to pay compensation. Can also
result in the suspension of concession.

All about copyright: -

 Its territorially (based on that particular area)

 COPYRIGHT encourages authors, composers, and artists to create original works by
rewarding them with the exclusive right for a limited period to reproduce the work
for the benefit of the public domain, No one can reproduce it without permission of
the original owner.
 Examples of copyright
 Painting
 Music
 Recording
 A novel/ poem
 Code
  Database
 Business structure
 Annual reports of business
 Emails of business
 Films
 Section 14©-`Exclusive right for artistic work.
Clause 1 of the sub-section grants the right to reproduce work in any material worm.
 Section 14(d)- Exclusive right for a cinematograph film
Subclause 1 provides the right to make a copy of the film
 Section 14€- Right to make copies in any medium by electronic or other forms.
Section 57 in the Copyright Act, of 1957
1. to claim authorship of the work; and

2. Explanation. —Failure to display a work or to display it to the satisfaction of the

author shall not be deemed to be an infringement of the rights conferred by this
section.]

3. The right conferred upon an author of a work by sub-section (1), other than the right
to claim authorship of the work, may be exercised by the legal representatives of the
author.

Section 38 B in the copyright

Where any performer appears or engages in any performance, he shall have a special right
to be known as the “performer’s right” in relation to such performance."

Term of copyright in photographs- 60 years + Death of the author

COPYRIGHT OF RIGHTS

Owners of copyrighted works can transfer their works to someone else. That is an
assignment( to give your property to someone else, by an agreement and the rights of the
owner are transferred to whom the property is assigned
The person who transfers the work- assigner
The person whom the money transfers- assign
ASSIGNMENT AGREEMENT Full or partial
The lifespan of the author
60 years after the death of the author
If nothing is mentioned- 5 years
ASSIGNMENT OF COPYRIGHT IN INDIA

There have been too many copyright issues in recent times, either between the producer or
the director of the film with regard to ownership of copyright or between say, a scriptwriter
and the director. This got me thinking about the rights of the different people who
contribute toward making a movie, well a complete movie. There is the music composer,
the lyricist, the sound recorder, and the record label company to name a few who are
individuals who come up with creative ideas and turn them into their works. These people
mostly either assign or license the rights that subsist in their work to the producer in return
for a royalty. However, it isn’t as easy as it seems to be. There are many questions that arise
at the time of assignment and especially after it, questions involving moral rights and future
rights and the like. Well, time to find out the answers!

Transfer of copyright:

All of us are aware that the first author of the work is the owner of the work unless he
assigns someone else to be the owner for a specific thing (assigning your work to be used in
movies) and for a specific period of time. The owner of the copyright in an existing work
may assign his work to any person the copyright either wholly or partly either for the whole
term of the copyright or part of the term.

Transfer of future copyright:

Section 18(1) of the Copyright Act also says that the any prospective owner of a future work
may assign his copyright. However, the recent amendment of 2012 made it amply clear that
such an assignment will not extend to those mediums or modes of exploitation which did
not exist at the time of the assignment. Modes of exploitation constantly keep changing due
to scientific developments. As in, in the earlier days there used to be only video cassette
recorders which were played and now there is MP3 players, iPods and other music players
that exist. Similarly, we cannot foresee the technological developments that are yet to come
and therefore, the assignment of copyright that is made today will only cover those modes
of exploitation that are available today.

This new piece of legislation has come as a relief to the authors as it strengthens their
position is new modes of exploitation of their work come into existence.

Mode of assignment:

Section 19 of the Act clearly lays down the requirements to assign a copyright. They are as
follows:
1. Unless the assignment is in writing and is signed by the assignor, the agreement
will not be valid;
2. The rights assigned along with duration and territorial extent must be clearly
established;
3. The amount of royalty or any other consideration payable must be clearly
specified;
4. It is to be noted that if the assignee fails to exercise the rights assigned to him
within one year of the date of assignment, then such assignment shall be deemed
to have lapsed unless  there is some provision to the contrary in the agreement;
5. If the period of assignment is not mentioned, then it shall be for 5 years;
6. Similarly, if the territorial extent is not mentioned, it shall be presumed to extend
within India;
Amendment of 2012 to Section 19:

Three clauses have been added with respect to assignment to Section 19 which basically
says that royalty has to be paid to the authors whose work has been exploited in a
cinematographic film other than by way of exhibition of the film in a cinema hall. This simply
means that the authors are entitled to the subsequent royalties which may arise in the
course of further exploitation of the film which includes their work. For example, they will
also be entitled to royalty for satellite right, home video, internet right etc. This again
strengthens the position of the authors of the work are the actual owners of anything apart
from their work in the cinematographic film. The second clause that has been added is for
sound recording and is the same as above.

What the authors can do is register their work with a copyright society and thereafter
license it to whoever they like.

Compulsory licencing of copyright:

Copyright is an exclusive right given to creators to reproduce, perform or distribute the

work. The purpose of a copyright is to protect the rights of the authors and ensure that they
receive the due benefit of having created that work. However, the authors cannot be given
complete monopoly over the work created by them. There will have to be some leeway
given for fair use and public knowledge. Therefore, the concept of licensing a copyrighted
work was created. Licensing is a controlled right to publish, broadcast or communicate to
the public copyrighted material with the prior consent of the copyright owner against the
payment of a fee.
Here there are two sections

Section 30- voluntarily licensing

the transfer of rights from the existing owner to a person who wishes to utilize the
work without being blamed for any sort of violation or infringement of the rights of the
actual owner of that particular work.
However, it has to be borne in mind that in case of a future work, the license
will come into force only when the work comes into existence

Section 31- compulsory licensing

A which gives an exclusive right to do an act without the prior permission of the owner of
the copyright. in  the compulsory license can also be applied for the work which is yet to be
published.
of Copyright in India
Compulsory licensing is, in simple terms, the Copyright Board enforced
right of a complainant to use a copyrighted work for the payment of a
fee to the copyright owner.

Enforcement and protection against internet Piracy (reproduction of another's

work)

Section 53
If any infringement happens He can give notice in writing to the commissioner of customs or
to any other officer authorized in this behalf by a central board of excise and customs
requesting him to take action which should not exceed 1 year. After examination, the
commissioner can pass the order treating the infringement goods as prohibited goods.
When such goods are detained then the officer should inform the importer and the person
who gave notice of the detention of such goods within 48 hours of their detention.
The officer can release the goods from detention if the person who sent the notice doesn’t
produce any order from the court having jurisdiction of the permanent or temporary
disposal of goods. Within 14 days of their detention.
Whoever infringes will be liable for imprisonment which can extend to 2 years with fine.
(24) Ownership of Copyright | Explained | Intellectual Property Rights | Legal Bites Academy -
YouTube- Important ( ownership of owners)

Copyright-
Trademark
Patents
Industrial design
Geo graphical indications-