COMPUTER ARCHITECTURE AND ORGANIZATION UNIT-4

DIGITAL SIGNAL PROCESSING UNIT-4

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INTEGRATED CIRCUITS UNIT-4
EMI UNIT-4
MICROPROCESSOR UNIT-4
CONSTITUTION OF INDIA UNIT-4
Explain the bundle of rights associated with Copyright.
Introduction:
Over the years, Copyright law has evolved as the guardian of artistic rights of authors who put
their blood, sweat and tears into creating original works. The Copyright Act, 1957, under Section
14, enlists certain rights that can be enjoyed by the copyright holder and grants moral rights
under Section 57. They can be classified into economic rights and moral rights. These rights are
distributed evenly in all fields where copyright may be granted, with minor exceptions. Here, we
discuss the right of reproduction, performance, publication, audio-visual expression, translation
and adaptation which are economic rights; the right to paternity and integrity which are moral
rights.
Economic Rights:
1. The Right of Reproduction: The right of reproduction commonly means that no person shall
make one or more copies of a work or of a substantial part of it in any material form including
sound and film recording without the permission of the copyright owner. The most common kind
of reproduction is printing an edition of a work. Reproduction occurs in storing work in the
computer memory.

2. The Right of Publication or Communication to Public: Communication to the public means

making any work available for being seen or heard or otherwise enjoyed by the public directly or
by any means of display or diffusion. It is not necessary that any member of the public actually
sees, hears or otherwise enjoys the work so made available. For example, a cable operator may
transmit a cinematograph film, which no member of the public may see. Still, it is a
communication to the public. The fact that the work in question is accessible to the public is
enough to say that the work is communicated to the public.

3. The Right of Performance: the authors have the right to generate revenues through
performances. Concerts and world tours by singers is an example. These performances can be
executed in public and private forms.

4. The Right of Audio-Visual Expression: This right confers the author to represent his/her work
in audio-visual format, commonly referred to as the cinematographic expression. The author
holding rights in the literary, dramatic and musical works including sound recording also has the
right to make the cinematographic film by using those works.

5. The Right of Translation and Adaptation: Adaptation involves the preparation of new work in
the same or different form based upon an already existing work. The Copyright Act defines the
following acts as adaptations:
1. Conversion of a dramatic work into a non-dramatic work
2. Conversion of a literary or artistic work into a dramatic work
3. Re-arrangement of a literary or dramatic work
4. Depiction in a comic form or through pictures of a literary or dramatic work.
5. Transcription of a musical work or any act involving re-arrangement or alteration of
existing work.
The making of a cinematograph film of a literary or dramatic or musical work is also an
adaptation. For example, the movie “Dil Bechara” was an adaptation of the novel “Fault in our
Stars” and so was the movie “Ram-Leela” which was an adaptation of Willam Shakespeare’s
“Romeo-Juliet”.

Moral Rights:
Moral rights generally include the right to paternity and the right to integrity.
1. Right to Paternity: As the “creator” of a work, the author can claim ownership over their work
and prevent others from claiming ownership have the work attributed to them.

2. Right to Integrity: this right allows the author to claim damages in the case when someone
tries to damage the reputation of the work, mutilate, modify or alter his work inappropriately
which may cause harm to the work and the author.

Conclusion:
An author and his work are both wedded for life. It is an extension of the authors’ identity. In
many of the cases, the author is deprived of his own work, in such circumstances, the economic
rights and moral rights can act as a double-edged sword to protect the author and their work.
What are the Civil Remedies for Infringement of Copy Right?
Answer:Civil remedies: provide for injunctions, damages,interpretation of accounts, delivery
and destruction of infringing copies and damages for conversion.
Types of Civil Remedies

 Interlocutory Injunctions
 Pecuniary Remedies
 Anton Pillar Orders
 Mareva Injunction
 Norwich Pharmacal Order

Interlocutory Injunctions: One of the most important

remedies for copyright infringement, in most cases, the relief is granted by injunction. An
injunction may either be interlocutory, one which is granted prior to the trial and only until after
the trial or further order, or it may be final and permanent. Applications for interlocutory
injunctions are frequently made in actions for infringement of copyright since damages are rarely
an adequate remedy for the injury suffered by the plaintiff. The objective of an interlocutory
injunction is to provide the plaintiff immediate and temporary protection against any continuous
violation of his rights for which he cannot be adequately compensated in terms of damages.
Pecuniary Remedies: Copyright owners who face infringement issue also have the option to
seek pecuniary remedies under Section 55 and 58 of the Copyright Act, 1957. Under the above
section, an aggrieved plaintiff can seek the following remedies:

 Accounts of profits which allows the Author of the right to claim the sum of money
equivalent to the profit which was made by the infringer through their unlawful conduct.
 Compensatory damages which allow the Author of the right to claim the adequate
compensation and damages due to him for any loss he may have suffered due to the
infringement of his work.
 Conversion damage allows the Author to assess the quantification of damages on the
basis of the full value of the article converted.
Anton Pillar Orders: Only made in the most extreme of circumstances, this type of order is
drastic and its effects are far reaching.
Deriving its name from the Court of Appeals decision;
Mareva Injunction: It is an order in the form of an injunction which restrains defendant by
freezing his assets temporarily, thus preventing the defendant from removing his assets outside
the jurisdiction while pending hearing. This is so that the Plaintiff can obtain the redressal from
the decree or award that may be passed in the action or in reference. This form of injunction is
quite recent, dating back to the 1975’s and is derived from the case Mareva Compania Naviera
SA v. International Bulk Carriers SA.
Norwich Pharmacal Order: Orders of this kind are granted to determine relevant information
from third parties to support any evidence which is presented before the court by either the
plaintiff or the defendant. These orders are most commonly preferred when copyright
infringement takes place online, which requires the disclosure of the infringers from online
service providers.
What is Patent? Explain the characteristics of Patent.
Answer:A patent is used to prevent an invention from being created, sold, or used by another
party without permission. Patents are the most common type of intellectual property rights that
come to people’s minds when they think of intellectual property rights protection. A Patent
Owner has every right to commercialize his/her/its patent, including buying and selling the
patent or granting a license to the invention to any third party under mutually agreed terms.
Design the different stages of filing a Patent in India with the help of block diagram.
Answer:The patent can be filed by the two ways namely; provisional specification and complete
specification.
The patent will be published right after 18 months from the date of filing.
If the person wants to get the patent published before 18 months, he will have to pay the
statutory fee for the publication. The second step for publication is that the request for
examination shall be in 48 months.
The third step is the examination and it’s not automatic unlike the publication and the applicant
will have to fill the requisite form for the publication.
Anyone can file it on behalf of the applicant.
Timeline is 48 months for filing of the application from the priority date.
The patent examiner will be according to the patent orientation.
The patent examiner will check the patent database and other credentials on the three important
criteria for the patent.
The examiner will check the applicability under sections 3 and 4 respectively. The examiner will
check the clerical mistakes as well.
The drawing sheets and formatting guidelines are to be followed as well.
The first examination report will be created after the patent is being ensured as authentic by the
examiner.
A reply shall be given within the 6 months of the first examination report by the applicant.
After the reply given for the examination, if the examiner needs further clarification for the
invention, he shall have the applicant present physically or via video conference.
A parallel system runs in the patent application for the opposition of the patent.
There can be two types of opposition, namely, the pre-grant opposition and the post-grant
opposition.
The pre-grant opposition is filed after the publication and before the grant of the patent and it can
be filed by anyone, whereas the post-grant opposition can be filed only by the person skilled in
the art.
The oppositions shall be substantiated by the evidence and the grounds must be followed before
the filing of the opposition.
The timeline for filing post-grant opposition is one year after the grant of patent and not after
that.
State the objectives of Right to Information Act,2005.
Answer:
The objective of Right to information act

1. To provide a legal framework of citizens democratic Right to access to information under

the control of public authorities.
2. To promote transparency and ensure accountability.
3. To harmonise conflicting interest and priorities in operations of government, and use of
resources.
4. To promote the practice of revelation of information to preserve democratic ideals.
5. To promote accountability in the functioning of every public authority, thereby reduce
corruption.

Elaborate the salient features of Information Technology Act, 2000.

Answer:

 All electronic contracts made through secure electronic channels are legally valid.
 Legal recognition for digital signatures.
 Security measures for electronic records and also digital signatures are in place
 A procedure for the appointment of adjudicating officers for holding inquiries under the
Act is finalized
 Provision for establishing a Cyber Regulatory Appellant Tribunal under the Act. Further,
this tribunal will handle all appeals made against the order of the Controller or
Adjudicating Officer.
 An appeal against the order of the Cyber Appellant Tribunal is possible only in the High
Court
 Digital Signatures will use an asymmetric cryptosystem and also a hash function
 Provision for the appointment of the Controller of Certifying Authorities (CCA) to
license and regulate the working of Certifying Authorities. The Controller to act as a
repository of all digital signatures.
 The Act applies to offences or contraventions committed outside India
 Senior police officers and other officers can enter any public place and search and arrest
without warrant
 Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the
Central Government and Controller.
What is Intellectual Property Right? Explain different types of IPR.
Answer:Intellectual property rights are the rights given to persons over the creations of their
minds. They usually give the creator an exclusive right over the use of his/her creation for a
certain period of time.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce
Types of Intellectual Property Rights

Patent
A patent is used to prevent an invention from being created, sold, or used by another party
without permission. Patents are the most common type of intellectual property rights that come
to people’s minds when they think of intellectual property rights protection. A Patent Owner has
every right to commercialize his/her/its patent, including buying and selling the patent or
granting a license to the invention to any third party under mutually agreed terms.
There are three different categories that patents can fall under:

 Utility:A utility patent protects the creation of a new or improved product, process,
composition of matter, or machine that is useful
 Design:A design patent protects the ornamental design on a useful item
 Plant:A plant patent protects new kinds of plants produced by cuttings or other
nonsexual means.

Trademark
Trademarks are another familiar type of intellectual property rights protection. A trademark is a
distinctive sign which allows consumers to easily identify the particular goods or services that a
company provides. Some examples include McDonald’s golden arch, the Facebook logo, and so
on. A trademark can come in the form of text, a phrase, symbol, sound, smell, and/or color
scheme. Unlike patents, a trademark can protect a set or class of products or services, instead of
just one product or process.
Copyright
Copyright does not protect ideas. Rather, it only covers “tangible” forms of creations and
original work–for example, art, music, architectural drawings, or even software codes. The
copyright owner has the exclusive right to sell, publish, and/or reproduce any literary, musical,
dramatic, artistic, or architectural work created by the author.
Trade Secret
Trade secrets are the secrets of a business. They are proprietary systems, formulas, strategies, or
other information that is confidential and is not meant for unauthorized commercial use by
others. This is a critical form of protection that can help businesses to gain a competitive
advantage
What is a Digital Signature?
Answer:A digital signature is a mathematical technique used to validate the authenticity and
integrity of a message, software or digital document. As the digital equivalent of a handwritten
signature or stamped seal, a digital signature offers far more inherent security, and it is intended
to solve the problem of tampering and impersonation in digital communications.
Digital signatures can provide the added assurances of evidence of origin, identity and status of
an electronic document, transaction or message and can acknowledge informed consent by the
signer.