RM & IPR Module 4

Sambhram Institute of Technology – RM & IPR
RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY RIGHTS

Course Code: 21RMI56
Module 4
Copyrights and related rights:

Classes of copyrights. Criteria for copyright. Ownership of copyright. Copyrights of the Author.
Copyright Infringements. Copyright Infringement is a Criminal Offence. Copyright
Infringement is a Cognizable Offence. Fair use doctrine. Copyrights and Internet. Non-Copyright
Work. Copyright Registration. Judicial Powers of the Registrar of Copyrights. Fee Structure.
Copyright Symbol. Validity of Copyright. Copyright Profile of India. Copyright and the word
„Publish‟. Transfer of Copyrights to a Publisher. Copyrights and the Word „Adaptation‟. Copyrights
and the Word „Indian Work‟. Joint Authorship. Copyright Society. Copyright Board. Copyright
Enforcement Advisory Council (CEAC). International Copyright Agreements, Conventions and
Treaties. Interesting Copyrights Cases.
Trademarks: Eligibility Criteria. Who Can Apply for a Trademark. Acts and laws. Designation of
trademark. Symbols. Classification of trademarks. Registration of a Trademark is Not Compulsory.
Validity of trademark. Types of Trademark Registered in India. Trademark registry. Process for
trademarks. Registration. Prior Art Search. Famous Case Law: Coca-Cola Company vs. Bisleri
International Pvt. Ltd.
Classes of Copyrights:
Copyright law protects various forms of creative expression, and these are categorized into different
classes of works. The classes of copyrights generally include:
1. Literary works: This category covers written works, including books, articles, and other textual
content. Computer programs and databases also fall under literary works.
2. Musical works: Musical compositions, including both the notation and lyrics, are protected
under this class. This includes songs, scores, and other musical arrangements.
3. Dramatic works: Theatrical performances, plays, and scripts are considered dramatic works.
This category also includes choreographic works and pantomimes (dramatic entertainments).
4. Artistic works: Visual arts, such as paintings, drawings, sculptures, and photographs, are
protected as artistic works. Graphic designs, maps, and architectural works are also included.
5. Audio-visual works: This class encompasses works that combine visual and auditory elements,
such as movies, TV shows, and video games. Includes both the visual and audio components as
separate elements.
6. Sound recordings: The copyright for the actual recording of a sound (as opposed to the
underlying musical or lyrical composition) falls under this category.
7. Architectural works: Architectural designs and blueprints are protected under this class. Note
that protection is limited to the design itself and does not extend to the utilitarian aspects of the
structure.
8. Derivative works: This category includes works that are based on or derived from existing
copyrighted material. Examples include translations, adaptations, and transformations of original
works.
9. Compilation of works: Collections or anthologies of pre-existing works, such as an anthology
(collection) of poems or a database, are protected as compilations.
10. Broadcasts and sound recordings of performances: The broadcast or recording of live
performances, including concerts or live shows, is protected under this class.
11. Mask works: This pertains to the protection of the designs of semiconductor chips and
integrated circuits.
It's important to note that copyright protection is automatic upon the creation of the work, and
registration with the copyright office is not required but can provide additional benefits.
Additionally, the specifics of copyright law can vary between jurisdictions, so it's advisable to
consult with legal professionals for country-specific information.
Criteria for Copyright:

Copyright protection is granted to creative works that meet certain criteria.
1. Originality: To qualify for copyright protection, a work must be original, meaning it is the result of
the author's own intellectual effort and creativity. Originality does not require absolute novelty, but
the work should not be a direct copy of another existing work.
2. Fixed form: The work must be fixed in a tangible medium of expression, making it perceptible,
reproducible, or capable of being communicated. This can include writing, recording, drawing, or
saving a digital file.
3. Creativity and minimal creativity threshold: The work must possess a sufficient degree of
creativity. However, the threshold for creativity is minimal, and even a modest amount of creative
expression can meet this requirement.
4. Independent creation: Copyright protection is granted to independently created works. It is not
necessary for the work to be completely unique or the result of isolated creativity.
5. Not Ideas, but expression: Copyright protects the expression of ideas, not the ideas themselves.
Ideas, concepts, systems, or methods are generally not subject to copyright protection.
6. Duration: Copyright protection is not perpetual (never ending). The duration of copyright
protection varies by jurisdiction but generally lasts for the life of the author plus a certain number of
years (e.g., 70 years in many countries).
7. Original works of authorship: Copyright protects original works of authorship, including literary,
artistic, musical, and dramatic works. This encompasses a wide range of creative expressions.
8. Subject matter eligibility: Not all types of works are eligible for copyright protection. Some
works, like facts, ideas, or common property, are not protected. Copyright protects the specific
expression of these ideas.
9. Nationality and domicile: Copyright protection is often tied to the nationality or domicile of the
author. Works created by nationals of a particular country or within the territorial jurisdiction of that
country may be eligible for copyright protection in that country.
10. No formalities: Unlike some intellectual property rights, copyright protection is granted
automatically upon the creation of the work. There are generally no formalities, such as registration,
required for basic protection.
It's important to note that the specific criteria and duration of copyright protection can vary between
countries. Additionally, some works may be subject to different rules, such as works made for hire
or anonymous works. Copyright law is complex, and seeking legal advice is recommended for
specific cases.
Ownership of Copyright:
Ownership of copyright refers to the legal rights and control over a creative work. Here are the key
points regarding the ownership of copyright:
1. Authorship and initial ownership: In most cases, the author or creator of the work is the initial
owner of the copyright. The author is the person who brings the work into existence through their
creative effort.
2. Joint authorship: If a work is created by two or more people with the intention that their
contributions be merged into inseparable or interdependent parts of a whole work, they are
considered joint authors, and they share joint ownership of the copyright.
3. Works made for hire: In some situations, the copyright may belong to the employer or the person
commissioning the work rather than the individual creator. This often occurs in the case of works
made for hire, such as works created by employees within the scope of their employment or
commissioned works with a written agreement specifying "work made for hire."
4. Transfer of copyright: Copyright ownership is transferable, and the copyright owner can assign or
license their rights to others. This transfer must generally be in writing to be valid.
5. Moral rights: In addition to economic rights, some jurisdictions recognize moral rights that are
personal to the author. Moral rights may include the right to attribution and the right to object to
derogatory treatment of the work. Moral rights are often non-transferable but can be waived by the
author.
6. Duration of ownership: The duration of copyright ownership varies by jurisdiction. In many
countries, the copyright term lasts for the life of the author plus a certain number of years (e.g., 70
years).
7. Termination of transfer: Some copyright laws provide for the termination of transfers or licenses
after a certain period. This allows authors or their heirs to reclaim the rights to the work.
8. Infringement and enforcement: Copyright owners have the exclusive right to re-produce,
distribute, perform, display, and create derivative works based on their original work. If someone
else uses the work without permission, it may be considered copyright infringement, and the owner
can take legal action.
9. Corporate ownership: In some cases, especially for works created within the scope of
employment, the employer or a corporate entity may be considered the copyright owner. This is
subject to the laws of the specific jurisdiction and the terms of any employment agreements.
10. Recordation and registration: While copyright protection is automatic upon the creation of the
work, some countries provide additional benefits for registered works. Registration with the
copyright office may be required for certain legal remedies and enforcement.
It's important to consult the copyright laws of the specific jurisdiction and, when needed, seek legal
advice to clarify ownership issues, especially in cases of joint authorship, works made for hire, or
complex contractual arrangements.
Copyrights of the author:

The copyrights of an author refer to the exclusive rights granted to the creator of an original work.
The Copyrights of the creator/author are legally protected under Section 14 of the copyright act,
1957. Here are key points regarding the copyrights of an author:
1. Exclusive rights: Copyright provides the author with a bundle of exclusive rights to their creative
work. These rights include the right to re-produce, distribute, perform, display, and create derivative
works based on the original.
2. Re-production right: The author has the exclusive right to re-produce their work, meaning they
have control over making copies of the work in various forms such as print, digital, or audio-visual
formats.
3. Distribution right: The author has the exclusive right to distribute copies of their work to the
public. This includes selling, renting, or lending copies.
4. Public performance right: The right to publicly perform the work is exclusive to the author. This
applies to activities such as plays, concerts, and other public presentations.
5. Public display right: The author has the exclusive right to publicly display their work. This
includes visual arts, sculptures, and other visual presentations.
6. Creation of derivative works: The author has the exclusive right to create derivative works based
on their original work. This involves adapting, modifying, or transforming the work into a new
form.
7. Duration of rights: Copyright protection is not perpetual. The duration of the author's exclusive
rights varies by jurisdiction but often lasts for the life of the author plus a certain number of years
(e.g., 70 years).
8. Moral rights: In addition to economic rights, some jurisdictions recognize moral rights. These
rights are personal to the author and may include the right to attribution (the right to be recognized
as the author) and the right to object to derogatory treatment of the work.
9. Transfer and licensing: Authors have the right to transfer or license their copyrights to others. This
allows them to retain ownership while granting specific rights to third parties for things like
publication, distribution, or adaptation.
10. Termination of transfer: Some copyright laws allow authors or their heirs to terminate or reclaim
transferred rights after a certain period. This provides a mechanism for authors to regain control
over their works.
11. Enforcement against infringement: Authors have the legal right to enforce their copyrights
against unauthorized use or reproduction of their work. Copyright infringement occurs when
someone else uses the work without permission.
12. Fair use and exceptions: Copyright law often includes exceptions such as fair use, allowing
limited use of copyrighted material without permission for purposes such as criticism, commentary,
news reporting, teaching, scholarship, or research.
It's important for authors to be aware of their rights, understand the specific terms of their
copyright, and take appropriate steps to protect their creative works. Consulting with legal
professionals can provide guidance on specific copyright issues and enforcement measures.
Copyright Infringements:
As per the copyrights acts, 1957, the following acts are regarded as an infringement of copyrights.
Copyright infringement occurs when someone violates the exclusive rights of the copyright owner
without authorization. Here are key points regarding copyright infringements:
1. Definition: Copyright infringement refers to the unauthorized use, re-production, distribution,

display, or creation of derivative works based on a copyrighted work.
2. Exclusive rights: The copyright owner holds exclusive rights to their work, including the right to
re-produce, distribute, perform, display, and create derivative works.
3. Infringing acts: Infringement can take various forms, such as re-producing a work without
permission, distributing copies, performing or displaying the work publicly without authorization,
or creating derivative works without proper licensing.
4. Direct and indirect infringement: Direct infringement occurs when someone engages in
unauthorized activities that directly violate the exclusive rights of the copyright owner. Indirect
infringement may occur when someone contributes to or induces another party to infringe on
copyright.
5. Substantial similarity: In determining infringement, courts often consider whether there is
substantial similarity between the allegedly infringing work and the original work. This involves an
assessment of both the qualitative and quantitative aspects of the copying.
6. Fair use defence: Fair use is a legal doctrine that allows limited use of copyrighted material
without permission for purposes such as criticism, commentary, news reporting, teaching,
scholarship, or research. Fair use is a defence against a claim of copyright infringement.
7. DMCA takedown notices: In the context of online content, the Digital Millennium Copyright Act
(DMCA) provides a mechanism for copyright owners to request the removal of infringing content
from websites and online platforms.
8. Defences against infringement claims: Possible defences against a claim of copyright
infringement may include fair use, lack of substantial similarity, expiration of copyright, or the
existence of a valid license.
9. International protection: Copyright infringement can occur across borders, and international
treaties, such as the Berne Convention, provide a framework for the protection of copyrights
globally.
10. Digital rights management (DRM): Copyright owners may use DRM technologies to control
access to their works and prevent unauthorized copying or distribution.
It's important for copyright owners to be vigilant, monitor their works for potential infringement,
and take appropriate legal action when necessary. Conversely, individuals and entities should be
aware of copyright laws to avoid unintentional infringement. Consulting with legal professionals is
advisable in copyright infringement cases.
Copyright infringement is a criminal offence:

Copyright infringement is generally considered a civil offense rather than a criminal offense.
However, the legal landscape may vary by jurisdiction, and it's essential to be aware of the specific
laws in your country. According to section 63 of the copyright act, 1957, if any person knowingly
infringes the copyright, he qualifies for the criminal offence. The punishment awarded for the
infringement (of copyright) is imprisonment for six months with the minimum fine of ₹50,000/-.
There is a dedicated IP division to deal with copyright cases. Also, there is a copyright board
constituted by the Central Government in 1958 to adjudicate certain claims about copyright. Here
are some key points regarding copyright infringement and its potential criminal implications:
1. Civil offense: In most jurisdictions, copyright infringement is primarily treated as a civil offense.
This means that the copyright holder has the right to pursue legal action against the infringer,
seeking remedies such as damages, injunctions, or the cessation of infringing activities.
2. Criminal offense in some cases: While copyright infringement is typically a civil matter, some
jurisdictions may classify certain instances of infringement as criminal offenses. This often involves
cases of commercial-scale piracy, counterfeiting, or wilful infringement for financial gain.
3. Digital millennium copyright act (DMCA): In the United States, the Digital Millennium
Copyright Act (DMCA) primarily addresses copyright issues in the digital realm. While it outlines
civil remedies, it also includes provisions related to criminal penalties for certain acts, such as the
circumvention of technological protection measures.
4. Commercial scale and counterfeiting: Criminal copyright infringement charges are more likely to
be brought against those engaged in large-scale, commercial counterfeiting operations that
significantly impact the market for the copyrighted works.
5. Penalties for criminal copyright infringement: Criminal penalties for copyright infringement can
include fines and imprisonment. The severity of these penalties depends on the nature and scale of
the infringement, as well as the specific laws of the jurisdiction.
6. Enforcement by authorities: Criminal copyright cases are typically prosecuted by government
authorities rather than individual copyright holders. Law enforcement agencies may investigate and
pursue charges against individuals or entities engaged in criminal copyright infringement.
7. International cooperation: Given the global nature of digital content and copyright infringement,
international cooperation is essential in addressing criminal copyright offenses. Treaties and
agreements between countries may facilitate collaboration in combating cross-border infringement.
8. Intent and wilfulness: Criminal charges for copyright infringement often require a showing of
intent or wilful misconduct. Mere inadvertent or non-commercial infringement is less likely to be
treated as a criminal offense.
It's crucial to consult the copyright laws specific to your jurisdiction for the most accurate and up-
to-date information. Copyright laws and their enforcement mechanisms can change, and new
legislation may be enacted. Legal advice from a qualified professional is recommended for matters
involving copyright infringement, especially if there are concerns about potential criminal liability.
Copyright infringement is a cognizable offence:

In legal terms, a "cognizable offense" typically refers to an offense for which a police officer (rank
of a sub-inspector or higher) can make an arrest without a warrant. However, the categorization of
copyright infringement as cognizable or non-cognizable may depend on the specific laws of each
country.
1. Varied classification: The classification of copyright infringement as a cognizable or non-

cognizable offense depends on the legal framework of the jurisdiction. In some countries, copyright
infringement may be treated as a civil matter, while in others, it may have criminal implications.
2. Criminal provisions in some jurisdictions: Certain jurisdictions have criminal provisions for
copyright infringement, especially in cases involving commercial-scale piracy, counterfeiting, or
wilful infringement for financial gain. In such instances, law enforcement agencies may have the
authority to investigate and arrest individuals without a warrant.
3. International treaties and agreements: International agreements and treaties, such as the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), may influence the
legal treatment of copyright infringement. These agreements often encourage member countries to
provide effective enforcement mechanisms, including criminal sanctions.
4. Scope and severity of offense: The classification of copyright infringement as a cognizable offense
may depend on factors such as the scale, commercial nature, and wilfulness of the infringement.
Large-scale and intentional violations are more likely to be treated as criminal offenses.
5. Role of law enforcement: In jurisdictions where copyright infringement is considered a cognizable
offense, law enforcement agencies are typically involved in investigating and prosecuting cases.
Police officers may have the authority to take action, including making arrests without a warrant.
6. Digital millennium copyright act (DMCA) and online infringement: In the United States, the
DMCA primarily addresses copyright issues in the digital realm. While it outlines civil remedies, it
also includes provisions related to criminal penalties for certain acts, such as the circumvention of
technological protection measures.
7. Penalties and imprisonment: Criminal copyright infringement may lead to penalties such as fines
and imprisonment. The severity of these penalties depends on the laws of the jurisdiction and the
specific circumstances of the infringement.
It's crucial to consult the copyright laws specific to your jurisdiction for the most accurate and up-
to-date information. Legal advice from a qualified professional is recommended, especially when
considering matters involving potential criminal liability for copyright infringement.
Fair use doctrine:

As per the rule of law, copyrighted materials cannot be used by anybody without the proper consent
of the legal owners (of the Copyright). However, limited use of Copyrighted materials for the
limited use (teaching and research purposes) is legally permitted, under the ―Fair Use Doctrine.
It is an essential aspect of copyright law and is intended to balance the exclusive rights of copyright
holders with the public's interest in using copyrighted works for purposes such as criticism,
commentary, news reporting, teaching, scholarship, and research.
1. Purpose of fair use: Fair use is designed to promote the public interest by allowing the use of
copyrighted material for certain purposes without infringing on the rights of copyright holders. It
aims to strike a balance between the rights of creators and the free exchange of ideas.
2. Four factors test: To determine whether a particular use qualifies as fair use, courts often consider
four factors:
a. Purpose and character of the use: Non-profit, educational, and transformative uses are
generally favoured.
b. Nature of the copyrighted work: Factual or published works may be more susceptible to fair
use than highly creative or unpublished works.
c. Amount and substantiality of the portion used: Using only a small and necessary portion
of the work is more likely to be considered fair use.
d. Effect on the market for the original work: Fair use is less likely if the use negatively
impacts the market value of the original work.
3. Transformative use: Transformative use is a key concept in fair use analysis. If the use of
copyrighted material transforms the original work by adding new expression, meaning, or purpose,
it is more likely to be considered fair use.
4. Educational and non-profit uses: Fair use is often applied more leniently for educational, non-
profit, and non-commercial purposes. However, the specific circumstances of each case are crucial.
5. Fair use defences: When accused of copyright infringement, individuals or entities may assert fair
use as a defence. This involves demonstrating that the use in question meets the criteria for fair use.
6. Fair use in digital media: Fair use is relevant in the context of digital media, including online
content, where the use of copyrighted material may occur in various forms such as memes, reviews,
or transformative works.
7. International variations: While the fair use doctrine is primarily associated with U.S. copyright
law, other countries may have similar principles, such as fair dealing in the United Kingdom and
Canada.
It's important to note that fair use is a legal defence, and its application can be complex. Legal
advice is recommended for specific cases involving fair use to ensure a proper understanding of the
legal implications.
Copyrights and Internet:

The twenty-first century is an era of digitization. The Copyrighted data is quickly transmitted via
the internet. This method of data transmission has brought amendments to the existing Copyright
laws. Copyright and the internet are closely intertwined, and the digital age has presented numerous
challenges and opportunities for creators, users, and the protection of intellectual property.
1. Digital re-production: The internet facilitates the easy and widespread reproduction of digital
content, including text, images, music, and videos. Copyright law applies to digital works, and
creators have the exclusive right to control the reproduction of their content.
2. Online distribution: The internet allows for the global distribution of creative works. Copyright
holders can distribute their works directly through websites, online platforms, and digital
marketplaces, reaching a wide audience.
3. Online piracy: The internet has also given rise to online piracy, where copyrighted material is
distributed without authorization. Piracy can include illegal downloads, streaming, and distribution
of copyrighted content.
4. Fair use and online content: The fair use doctrine is relevant to online content, where individuals
may use copyrighted material for purposes such as criticism, commentary, news reporting,
education, or research. Fair use considerations are important in the context of online media.
5. User-generated content: Social media platforms and other websites often host user-generated
content. Copyright issues can arise when users upload and share content that includes copyrighted
material without permission.
6. Streaming and digital platforms: Streaming services and digital platforms have become major
players in the distribution of creative works. Licensing agreements between copyright holders and
platforms are crucial in determining how content is made available to users.
7. E-books and digital publishing: E-books and digital publishing have transformed the book
industry. Authors and publishers navigate issues related to digital rights management (DRM) and
the protection of their works in electronic formats.
8. Digital rights management (DRM): DRM technologies are used to control access to digital
content and protect against unauthorized copying or distribution. However, DRM can be a subject
of debate in terms of its impact on fair use and user rights.
9. Global nature of the internet: Copyright issues on the internet often have a global dimension, as
content can be accessed and shared internationally. International cooperation and treaties are crucial
for addressing cross-border copyright concerns.
10. Emerging technologies: Technologies such as block-chain are being explored for their potential to
address issues related to copyright ownership, licensing, and royalty distribution in the digital age.
Navigating copyright issues on the internet requires an understanding of both traditional copyright
principles and the unique challenges posed by the digital landscape. Legal advice is recommended,
especially in cases involving complex issues related to online content and intellectual property. As
per Section 2(0) of the Copyright Act, 1957, literary work includes computer programmes, tables
and compilations, including computer databases. It is mandatory to supply source code and object
code along with the application for registration of copyright.
Non-copyright work:
When referring to "non-copyright work," you may be referring to works that are not eligible for
copyright protection or works where copyright protection has expired, been waived, or not applied.
1. Public domain: Works that are in the public domain are not protected by copyright and are
considered non-copyright works. This may include works whose copyright has expired, works
created by the government, or works for which the creator has explicitly waived their copyright.
2. Expired copyright: Copyright protection is not perpetual. Once the copyright term expires, the
work enters the public domain, and it becomes a non-copyright work. The specific duration of
copyright protection varies by jurisdiction.
3. Government works: Works created by government employees in the course of their official duties
are often not eligible for copyright protection. These works are considered non-copyright or in the
public domain.
4. Facts and ideas: Copyright protects the expression of ideas but not the ideas themselves. Pure facts
and ideas are not eligible for copyright protection, making them non-copyrightable.
5. Common property: Certain types of content, such as names, titles, short phrases, and familiar
symbols or designs, may not be eligible for copyright protection. They are often considered part of
the common cultural heritage and are non-copyrightable.
6. Blank forms and documents: Blank forms, standard calendars, and other documents with minimal
original creativity are often not eligible for copyright protection.
7. Ideas, methods, and processes: Copyright does not protect ideas, methods, or processes. These
aspects are usually the subject of patent or trade secret protection rather than copyright.
8. Non-original works: Works that lack originality or creativity may not meet the threshold for
copyright protection. Copyright requires a minimum level of creativity for a work to be eligible.
9. Unfixed or evanescent works: Works that are not fixed in a tangible medium of expression or are
of a transient nature may not qualify for copyright protection. For example, spontaneous speeches
or improvised performances that are not recorded may be considered non-copyrightable.
It's important to note that while certain works may not be eligible for copyright protection, they may
still be subject to other forms of intellectual property protection, or they may be protected under
other legal principles. The specifics can vary by jurisdiction, so it's advisable to seek legal advice
for specific cases and jurisdictions.
Copyright registration:
Copyright registration is a legal process through which the creator or owner of an original work can
officially record their copyright with a government agency. While copyright protection is automatic
upon the creation of a work, registration offers certain additional benefits.
1. Voluntary process: Copyright registration is a voluntary process in many jurisdictions. Copyright

protection is automatic when a qualifying work is created, whether or not it is registered.
2. Benefits of registration: Registration provides several advantages, including the ability to sue for
statutory damages and attorney's fees in case of infringement. It also serves as prima facie evidence
of ownership and can be a prerequisite for filing a lawsuit.
3. Copyright office: In many countries, copyright registration is done through a government agency,
such as the U.S. Copyright Office in the United States or the Intellectual Property Office in the
United Kingdom. These offices maintain a public record of registered works.
4. Eligible works: A wide range of creative works can be registered, including literary works, music,
art, software, architecture, and more. The specific categories may vary by jurisdiction.
5. Application process: The process of registering a copyright typically involves submitting an
application to the relevant copyright office. The application may include information about the
work, its author, and the nature of the copyright claim.
6. Deposit requirement: As part of the registration process, the copyright office often requires a
deposit of the work itself or a representative sample. This allows the office to document the content
of the registered work.
7. Timing of registration: Copyright registration can be done at any time during the copyright term,
but there are certain benefits to registering early, especially before or shortly after publication.
8. Duration of copyright: Copyright protection has a limited duration. The length of protection varies
by jurisdiction but is often the life of the author plus a certain number of years.
9. Notice of copyright: While not a requirement, displaying a copyright notice (e.g., © [Year]
[Owner's Name]) on a work can be beneficial. It informs the public of the copyright owner's claim
and can affect the outcome of infringement cases.
10. International considerations: Some international treaties, such as the Berne Convention, provide a
level of copyright protection without the need for registration in each member country. However,
registration may still offer additional benefits, especially in the enforcement of rights.
11. Online registration: Many copyright offices provide online registration systems, making the
process more accessible and efficient for creators. Online registration may also offer cost savings
compared to traditional paper-based methods.
12. Group registration: Some copyright offices allow for group registration of related works,
streamlining the registration process for creators with multiple works.
13. Fee structure: Copyright registration often involves the payment of fees, which can vary
depending on factors such as the type of work, the method of registration, and the jurisdiction.
14. Renewal requirements: While copyright renewal used to be a common requirement in some
jurisdictions, it is less common today. Most countries provide for the automatic renewal of
copyright without the need for additional registration.
It's important for creators to consider copyright registration as part of their intellectual property
strategy, especially if they anticipate the need for legal recourse in case of infringement. Legal
advice may be sought to navigate specific registration requirements and procedures.
Judicial powers of the registrar of copyrights:

The Registrar of copyrights, typically associated with copyright offices in various countries, is
primarily an administrative and regulatory authority responsible for the registration and
administration of copyrights. Judicial powers, which involve making legal decisions and judgments,
are typically vested in the judiciary rather than administrative offices like the Registrar of
copyrights. However, specific roles and powers may vary by jurisdiction.
1. Registration of copyrights: The Registrar of Copyrights is responsible for overseeing the

registration of copyrights. This involves processing applications, maintaining a register of
copyrighted works, and issuing certificates of registration.
2. Administrative decision-making: The Registrar has administrative powers to make decisions
related to copyright registration matters, including accepting or rejecting applications based on
compliance with legal requirements.
3. Record maintenance: The Registrar maintains records of copyrighted works, including
information about the authors, owners, and nature of the works. This information serves as a public
record and may be used for legal reference.
4. Dispute resolution: While the Registrar may not have judicial powers, they may play a role in
facilitating dispute resolution through administrative means. This could include handling disputes
related to ownership or authorship of copyrighted works.
5. Power to issue compulsory licenses: In some jurisdictions, the Registrar may have the authority to
issue compulsory licenses under certain circumstances, allowing the use of copyrighted works
without the explicit permission of the copyright owner.
6. Advisory role: The Registrar may have an advisory role, providing guidance to copyright owners,
users, and the public on matters related to copyright law and registration procedures.
7. Policy implementation: The Registrar is involved in the implementation of copyright policies and
regulations. This includes ensuring compliance with national and international copyright laws.
8. Interaction with copyright tribunals or courts: While the Registrar's office is not a judicial
entity, it may interact with copyright tribunals or courts during legal proceedings related to
copyright matters. The Registrar's records and expertise may be referred to in legal cases.
9. Educational outreach: The Registrar of copyrights may engage in educational activities to raise
awareness about copyright laws, registration procedures, and the rights and responsibilities of
copyright owners.
It's important to note that the specific powers and functions of the Registrar of copyrights can vary
significantly from country to country. Some countries may have separate copyright tribunals or
boards to handle certain disputes, while others rely on the regular judicial system.
Source: Department for promotion of Industry and Internal trade

Fee structure:
The term "fee structure" can be applied to various contexts, but in the context of intellectual
property, including copyrights, patents, and trademarks, it typically refers to the schedule of fees
associated with various services provided by government agencies or other entities.
1. Copyright registration fees: Copyright registration fees are charged by the relevant copyright
office for the registration of creative works. The amount may vary based on factors such as the type
of work, method of registration, and jurisdiction.
2. Application fees: Application fees are typically paid when submitting an application for intellectual
property protection. This fee may cover the initial processing of the application.
3. Renewal fees: For certain intellectual property rights, including patents and trademarks, renewal
fees may be required to maintain the protection. Failure to pay renewal fees can result in the
expiration of the intellectual property right.
4. Late fees: Some intellectual property offices impose late fees for applications or renewals
submitted after specified deadlines. These fees are designed to encourage timely submissions.
5. Maintenance fees: In the case of patents, maintenance fees may be required to keep the patent in
force after it is granted. These fees are often due at specified intervals during the life of the patent.
6. Fee reductions or waivers: Some jurisdictions offer fee reductions or waivers for certain
categories of applicants, such as small businesses, non-profits, or individuals. These programs are
designed to promote access to intellectual property protection.
7. Payment methods: Intellectual property offices often provide various payment methods, including
online payment, bank transfers, and credit card payments. The fee structure may include details on
accepted payment methods.
Sl. No. Particulars Fee in Rs

1 For an application for registration or Copyright literary, dramatic, musical
or artistic work 500
2 For and application for registration of Copyright in a Cinematograph film 5000
3 For and application for registration of Copyright in a sound recording 2000
4 Provided that in respect of a literary or artistic work which is used or is
capable of being used in relation to any goods or services 2000
5 Making any change in Literary, dramatic musical or artistic work 200
6 Provided that in respect of a literary or artistic work which is used or is
capable of being used in relation to any goods or services 1000
7 For and application for registration of changes in particulars of copyright
entered in the register of copyrights in respect of cinematograph film 2000
8 For and application for registration of changes in particulars of copyright
entered in the register of copyrights in respect of sound recording 1000
9 For an application for prevention of importation of infringing copies per 1200
place of entry
Understanding the fee structure is crucial for individuals and businesses seeking intellectual
property protection. It's advisable to consult the official website of the relevant intellectual property
office or seek legal advice for the most accurate and up-to-date information on fee structures in a
specific jurisdiction.
Copyright symbol:
The copyright symbol (©) is a symbol used to provide notice that a work is protected by copyright
law.
1. Purpose: The primary purpose of the copyright symbol is to inform the public that the work to
which it is attached is protected by copyright. It serves as a notice to others that the creator or
copyright owner holds exclusive rights to the work.
2. Symbol: The copyright symbol is represented by the letter "C" enclosed in a circle: ©. The symbol
can be inserted into text using certain keyboard shortcuts or character codes, depending on the
software or platform being used.
3. Alternative notice: In addition to the copyright symbol, the phrase "Copyright" or the abbreviation
"Copr." can be used as an alternative notice. For example: "Copyright 2022 Ram Lal" or "Copr.
2022 Ram Lal".
4. Use of the symbol: The use of the copyright symbol is not a strict legal requirement for copyright
protection. In many countries, copyright protection is automatic upon the creation of a qualifying
work. However, using the symbol can provide additional legal benefits.
5. International usage: The copyright symbol is widely recognized internationally as a symbol
indicating copyright protection. It is commonly used in various countries and regions around the
world.
6. Year of publication: When including a copyright notice, it is common to include the year of first
publication. This informs the public when the work was initially made available to the public.
7. Author's name: Including the name of the author or copyright owner in the copyright notice
provides clarity regarding who holds the copyright. For example: "© 2022 John Doe."
8. Notice placement: The copyright notice is typically placed in a conspicuous location on the work,
such as on the title page of a book, at the bottom of a website, or in the credits of a film. The goal is
to make it easily visible to the public.
9. Online content: In the digital age, the copyright symbol is often used on websites, blogs, and other
online platforms to indicate the copyright status of content. It may also be used alongside licensing
information.
10. Use in published works: Printed and published works, such as books, magazines, and articles,
commonly include the copyright symbol as part of the copyright notice on the publication.
While the use of the copyright symbol is not mandatory, it is a widely accepted practice to provide
notice of copyright protection. Additionally, in some jurisdictions, the use of the symbol may
impact the damages available in a copyright infringement lawsuit. It's important to be aware of the
specific copyright laws and practices in the relevant jurisdiction.
Validity of copyright:
The validity of copyright refers to the legal status and duration of protection granted to a creative
work under copyright law.
1. Automatic protection: Copyright protection is generally automatic upon the creation of an original
and qualifying work. Registration is not a requirement for copyright to exist, although it may offer
certain benefits.
2. Qualifying works: To be eligible for copyright protection, a work must be original, creative, and
fixed in a tangible medium of expression. Common qualifying works include literary works, music,
art, films, software, and more.
3. Duration of copyright: Copyright protection is not perpetual. The duration of copyright varies by
jurisdiction and the type of work. It is typically measured from the date of creation or publication
and extends for a certain number of years.
4. Life of the author plus X years: In many jurisdictions, the standard copyright term is the life of
the author plus a specified number of years. Once this period elapses, the work enters the public
domain, and copyright protection ceases.
5. Fixed duration for corporate and anonymous works: For works created by corporations or
created anonymously, copyright protection may have a fixed duration from creation or publication
rather than being based on the life of the author.
6. Posthumous works: In cases where a work is published posthumously, the copyright duration is
often measured from the date of the author's death. The duration may vary based on jurisdiction.
7. Renewal and extension: In some countries, copyright holders may have the option to renew or
extend copyright protection beyond the initial term. However, such provisions are less common
today.
8. Determination of validity in courts: Disputes related to the validity of copyright may be resolved
through legal proceedings. Courts may assess whether the work meets the criteria for copyright
protection and whether the rights have been lawfully transferred or inherited.
9. License and assignment: The validity of copyright may be affected by the terms of licenses or
assignments. Legal instruments should be carefully drafted and executed to ensure the proper
transfer of copyright rights.
It's important for creators, copyright holders, and users of copyrighted works to be aware of the
duration and conditions of copyright protection in their respective jurisdictions. Consulting with
legal professionals is advisable for specific situations or when questions arise about the validity of
copyright in a particular work.
Copyright profile of India:

Here is an overview of the copyright profile of India:
1. Legal Framework: India has a comprehensive legal framework governing copyright, primarily
defined by the Copyright Act, 1957. The Act has undergone amendments to align with international
standards and technological advancements.
2. Subject matter of copyright: The Copyright Act protects a wide range of creative works,
including literary works, musical compositions, artistic works, films, sound recordings, and
computer software.
3. Copyright protection: Copyright protection is automatic upon the creation of a qualifying work.
No formal registration is required for the establishment of copyright, although registration is
available and can provide certain legal advantages.
4. Duration of copyright: The duration of copyright protection varies depending on the type of work.
Generally, for literary, musical, and artistic works, copyright lasts for the lifetime of the author plus
60 years. In the case of cinematographic films, sound recordings, and photographs, the duration is
generally 60 years from the year of publication or creation.
5. Public domain: Once copyright protection expires, the work enters the public domain, and it
becomes freely available for use by the public without the need for permission.
6. Copyright office: The Copyright office in India, under the Ministry of Commerce and Industry, is
responsible for the administration and implementation of copyright law. It handles the registration
of works and maintains the Copyright Register.
7. Copyright registration: While registration is not mandatory, authors and creators may choose to
register their works with the Copyright Office. Registration provides valid evidence of ownership
and is required for filing copyright infringement suits.
8. Berne Convention and TRIPS agreement: India is a member of the Berne Convention for the
Protection of Literary and Artistic Works and is compliant with the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS). These international agreements establish minimum
standards for copyright protection.
9. Fair use: The Indian Copyright Act includes provisions for fair dealing, allowing the use of
copyrighted works for purposes such as criticism, review, news reporting, teaching, research, and
private study.
10. Compulsory licensing: The Act provides for compulsory licensing, allowing third parties to use
copyrighted works under certain conditions. This is intended to prevent the abuse of exclusive
rights by copyright owners.
11. Digital rights management (DRM): The Act does not specifically address digital rights
management (DRM), but the principles of copyright protection extend to digital works.
Technological protection measures are employed to secure digital content.
12. Enforcement and penalties: The Act outlines remedies and penalties for copyright infringement,
including injunctions, damages, and fines. The Copyright Board and civil courts have jurisdiction
over copyright-related disputes.
13. Amendments and evolving landscape: The Copyright Act has undergone amendments to address
emerging issues, including those related to digital technologies, internet dissemination, and the
protection of authors' rights in the changing landscape.
A comparative five years (2015-20) study revealed a gradual increase in the number Copyright
applications in the first four years of the study, with a maximum number of applications (21,905)
recorded in the 2019-20 period. The number of applications examined was maximum (34,388) in
2017-18. However, it tapered down to 22,658 in 2018-19 and 19,460 in 2019- 20. A similar trend
was observed in the number of Copyright registrations, with a peak (19,997) observed in 2017-18.
Copyright and the word ‘Publish’:

The term "publish" is significant in the context of copyright law, as it relates to the distribution and
communication of creative works to the public.
1. Definition of "Publish": In the context of copyright, "publish" generally refers to making a work
available to the public. This can include the distribution, dissemination, or communication of the
work through various means, such as printing, broadcasting, online sharing, or public performance.
2. Exclusive right to publish: Copyright grants the creator or copyright owner the exclusive right to
publish their work. This means they have the sole authority to decide when, where, and how the
work will be made available to the public.
3. Publication and copyright protection: The act of publication is often a crucial step in securing
copyright protection. In many jurisdictions, a work is considered published when it is made
available to the public with the consent of the copyright owner. Publication triggers the start of the
copyright term.
4. Public distribution: Publishing involves the public distribution of copies of a work, whether in
physical or digital form. This can include books, articles, music recordings, films, and other creative
works.
5. Online publication: With the rise of the internet, online publication has become a common and
important aspect of copyright. Posting content on websites, blogs, social media platforms, or online
repositories constitutes publication.
6. Rights of the copyright owner: The copyright owner has the exclusive right to authorize or
prohibit the publication of the work. This right encompasses determining the timing, format, and
geographic extent of the publication.
7. First publication rights: First publication rights refer to the exclusive right of the copyright owner
to decide when and where the work will be initially published. After the first publication, the work
may be republished or distributed in different formats.
8. License to publish: Copyright owners may grant licenses to others, allowing them to publish the
work. Licensing agreements specify the terms and conditions under which the work can be
published by a third party.
9. Public performance and display: In addition to distribution, copyright also covers the public
performance and display of works. This includes theatrical performances, exhibitions, broadcasts,
and other public presentations.
10. Self-publishing: With advancements in technology, self-publishing has become a popular option
for authors. Self-published works are subject to the same copyright principles as traditionally
published works.
11. Creative commons and open access: Some creators choose to publish their works under licenses
such as Creative Commons, allowing others to use, share, and build upon their works within
specified terms. Open access publishing also promotes broader access to creative and scholarly
works.
Understanding the concept of publishing is crucial for both creators and users of copyrighted works.
Creators must consider the implications of publication on their copyright rights, while users must be
aware of the permissions granted by copyright owners when accessing or using published works.
Transfer of copyrights to a publisher:

The transfer of copyrights to a publisher is a common practice in the creative industries, especially
in fields such as literature, music, and visual arts.
1. Copyright ownership: Copyright is initially owned by the creator of the work, whether it's an
author, musician, artist, or other creative professional. This ownership provides exclusive rights to
reproduce, distribute, perform, and display the work.
2. Publishing agreement: The transfer of copyrights to a publisher typically occurs through a
publishing agreement or contract. This legal document outlines the terms and conditions under
which the creator grants certain rights to the publisher.
3. Exclusive or non-exclusive rights: The publishing agreement specifies whether the transfer of
rights is exclusive or non-exclusive. An exclusive transfer means that the creator gives the publisher
exclusive rights to exploit the work, while a non-exclusive transfer allows the creator to retain some
rights.
4. Scope of rights transferred: The agreement defines the scope of rights being transferred. This may
include the right to publish, distribute, and market the work in specific formats, territories, and
languages. Other rights, such as adaptation rights, may also be addressed.
5. Duration of transfer: The duration of the transfer is a critical element. It may be for a specific
period, such as a certain number of years, or for the entire duration of copyright protection.
Reversion clauses may also be included, specifying conditions under which rights revert to the
creator.
6. Compensation and royalties: The publishing agreement outlines the compensation structure,
including any advance payments, royalties, or other forms of compensation that the creator will
receive for the transfer of rights. Royalties are often a percentage of revenue generated from the
exploitation of the work.
7. Editing and changes: The agreement may address the publisher's right to edit or make changes to
the work. Creators often negotiate the extent to which their original work can be modified.
8. Termination rights: Some jurisdictions provide creators with the ability to terminate or reclaim
transferred rights after a certain period. The agreement may specify any applicable termination
provisions.
9. Dispute resolution: The agreement typically includes provisions for resolving disputes between the
creator and the publisher, outlining the steps and mechanisms for dispute resolution.
Understanding the terms of a publishing agreement is crucial for creators to protect their rights and
interests. Each agreement is unique and should be carefully negotiated based on the specific
circumstances of the creator and the nature of the work.
Copyrights and the word ‘Adaptation’:

In the context of copyright law, the term "adaptation" is significant as it refers to the transformation
or modification of a pre-existing work to create a new work.
1. Definition of adaptation: An adaptation, in copyright terms, refers to a work that is based on a pre-
existing work but has been modified or transformed in some way. Adaptations can take various
forms, including translations, modifications, arrangements, or the creation of derivative works.
2. Scope of adaptation rights: Copyright owners have the exclusive right to create adaptations of
their original works. This right is one of the bundles of exclusive rights granted to copyright
holders, allowing them to control how their works are transformed or used in subsequent creations.
3. Examples of adaptations: Adaptations can include, but are not limited to:
 Translations of literary works into different languages.
 Film adaptations of books or plays.
 Remixes or cover versions of musical compositions.
 Modifications of software code.
 Abridgments or revisions of written works.
4. Derivative works: Adaptations are often referred to as derivative works. A derivative work is a
new work that is based on, or derived from, a pre-existing work. The creation of derivative works is
subject to the permission of the original copyright owner.
5. Exclusive right to create adaptations: The copyright owner's exclusive right to create adaptations
means that others must seek permission to create derivative works based on the original. This
permission is typically granted through licensing agreements.
6. Screenplays and scripts: The adaptation of literary works into screenplays or scripts for films or
television is a common example of adaptation. This process involves transforming the narrative and
dialogue from a written form to a visual and auditory form.
7. Licensing and permission: When creating adaptations, individuals or entities often need to obtain
licenses or permissions from the copyright owner of the original work. Licensing agreements
specify the terms under which the adaptation can be created and distributed.
8. Remix culture: The advent of digital technologies has led to a "remix culture," where creators
often remix and adapt existing works to create new and transformative content. This has raised legal
and ethical questions about the boundaries of adaptation and derivative works.
9. International considerations: Copyright laws and the treatment of adaptations can vary across
countries. International treaties, such as the Berne Convention, provide some harmonization of
standards for the protection of adaptations.
Understanding the concept of adaptation is crucial for creators, publishers, and those seeking to use
pre-existing works in their own creative endeavours. It involves navigating both legal requirements
and the principles of creativity and transformation in the context of copyright law.
Copyrights and the word ‘Indian work’

The term "Indian work" in the context of copyright law generally refers to creative works that are
eligible for copyright protection in India.
1. Definition of Indian work: In the context of Indian copyright law, an "Indian work" typically
refers to a work that is created or first published in India. The Copyright Act, 1957 governs
copyright protection in India and outlines the criteria for a work to be considered an Indian work.
2. Applicability of Indian copyright law: The Copyright Act in India provides protection to a wide
range of creative works, including literary works, musical works, artistic works, cinematographic
films, sound recordings, and more. For a work to be protected under Indian copyright law, it must
meet the eligibility criteria specified in the Act.
3. Originality and creativity: To qualify as an Indian work, a creative work must be original and
exhibit a sufficient degree of creativity. Originality implies that the work is not a direct copy of
another work and has been independently created by its author.
4. Eligible categories of works: The Copyright Act specifies various categories of works that are
eligible for protection. These include literary works (books, articles, etc.), musical works, artistic
works (paintings, drawings, photographs, and sculptures), cinematographic films, sound recordings,
and computer programs.
5. Copyright protection for Indian works: Copyright protection is automatic upon the creation of a
qualifying work. Registration with the Copyright Office is not mandatory but can provide certain
legal advantages in case of disputes.
6. Joint authorship and collaboration: Works created through joint authorship or collaboration may
also be considered Indian works if at least one of the authors is a citizen of India or domiciled in
India.
7. International works: Indian copyright law also provides protection to works created by foreign
authors or first published outside India, provided that India has reciprocal arrangements with the
country of the author. International treaties, such as the Berne Convention, play a role in ensuring
protection for foreign works in India.
8. Jurisdiction of Indian copyright law: Indian copyright law applies to works created or first
published within the territory of India. The law does not have extraterritorial effect, meaning it
generally does not govern works created or first published outside India.
9. Enforcement and Infringement: Copyright owners of Indian works have the exclusive right to
reproduce, distribute, perform, and display their works. Infringement of these rights can lead to
legal action, and remedies may include injunctions, damages, and account of profits.
Understanding the concept of an "Indian work" is essential for creators, publishers, and anyone
involved in the creation, distribution, or use of copyrighted content in the Indian legal context.
Legal advice may be sought for specific situations or questions related to copyright in India.
Joint authorship:
Joint authorship is a concept in copyright law that pertains to situations where a creative work is
collaboratively created by two or more individuals, and each contributor is considered a joint
author.
1. Definition of joint authorship: Joint authorship occurs when two or more individuals collaborate
on the creation of a single work, and each contributor makes a substantial and original contribution
to the work.
2. Criteria for joint authorship: To be considered a joint author, an individual must:

 Make an independently copyrightable contribution.
 Intend that their contribution be merged with that of the other joint authors into a
single work.
3. Collective work vs. joint authorship: In a collective work, contributors may provide separate and
independent contributions without necessarily collaborating on a unified work. In joint authorship,
the contributors work together to create a single, integrated work.
4. Rights of joint authors: Joint authors share equal ownership of the entire work, even if their
contributions to the work are different in nature or extent. Each joint author has the right to exploit
the entire work, subject to the duty to account to the other joint authors for any profits earned.
5. Separate contributions in a joint work: In a joint work, the contributions of each author are not
distinct and separable. The work is a single, integrated creation resulting from the collaboration.
6. Termination of joint authorship: Joint authorship is typically determined at the time of creation.
If the collaborators intend to create separate and independent works, they may not be joint authors.
Once joint authorship is established, it generally cannot be terminated.
7. Complications in joint authorship: Disputes may arise in joint authorship cases, especially if there
is disagreement over the nature and extent of each contributor's contribution, or if one author wishes
to exploit the work in a way that conflicts with the interests of others.
8. Registration of joint works: Copyright registration for a joint work usually includes the names of
all joint authors. This ensures that each joint author is recognized as a co-owner of the copyright.
Understanding joint authorship is important for creators involved in collaborative projects, as it has
implications for copyright ownership, exploitation, and potential disputes. Legal advice may be
sought to clarify the rights and responsibilities of joint authors in specific situations.
Copyright society:
A copyright society, also known as a collective management organization (CMO) or collective
rights management society, is an entity that manages the rights of multiple copyright holders,
particularly in the area of musical works, literary works, and other creative works.
1. Definition of copyright society: A copyright society is an organization that acts on behalf of

copyright holders to collectively manage and administer certain rights related to their works. These
rights may include re-production, distribution, public performance, and communication to the
public.
2. Collective management of rights: Copyright societies engage in collective rights management,
which involves licensing the use of copyrighted works on behalf of multiple rights holders. They
facilitate the licensing process for users and ensure that copyright holders receive fair compensation
for the use of their works.
3. Types of works covered: Copyright societies typically focus on specific types of works, such as
musical compositions, lyrics, literary works, and other related rights.
4. Members and affiliation: Copyright societies are composed of members who are copyright
holders. These members may include authors, composers, publishers, and other rights owners.
Membership in a copyright society is often voluntary, and members affiliate with the society to
collectively manage their rights.
5. Licensing and royalty collection: One of the primary functions of a copyright society is to issue
licenses to users (such as broadcasters, music venues, or digital platforms) allowing them to use the
copyrighted works represented by the society. The society collects royalties from these licenses and
distributes them to the respective rights holders.
6. Monitoring and tracking: Copyright societies often invest in technology and systems to monitor
the use of copyrighted works. This may involve tracking public performances, broadcasts, or online
uses to ensure that rights holders are properly compensated.
7. Tariffs and fee structures: Copyright societies establish tariffs and fee structures for the use of
copyrighted works. These tariffs outline the rates and conditions under which licenses are granted,
and they vary based on factors such as the type of use, audience size, and commercial context.
8. Advocacy and legal representation: Copyright societies often engage in advocacy efforts to
promote the rights of their members. They may also provide legal representation in copyright-
related disputes and participate in negotiations with users, broadcasters, and other stakeholders.
9. Educational and awareness initiatives: Some copyright societies engage in educational programs
and awareness initiatives to inform the public, creators, and users about copyright laws, licensing
processes, and the importance of respecting intellectual property rights.
Understanding the role of copyright societies is essential for creators, copyright holders, users, and
the broader public involved in the consumption and distribution of copyrighted content.
Copyright Board:
The Copyright Board is a regulatory body that plays a crucial role in copyright administration and
dispute resolution in many countries, including India.
1. Definition of Copyright Board: A copyright board is a quasi-judicial body established by the

government to oversee matters related to copyright, including licensing, disputes, and the fixation of
royalty rates.
2. Establishment and authority: The copyright board is typically established under the copyright
laws of a country. It operates with the authority granted by the copyright legislation and is
responsible for various functions aimed at maintaining a fair and efficient copyright system.
3. Functions of the copyright board: The specific functions of the copyright board may vary by
jurisdiction, but common functions include:
 Fixing and reviewing royalty rates for various uses of copyrighted works.
 Granting and revoking licenses in specific cases.
 Resolving disputes between copyright owners and users.
 Determining terms and conditions for compulsory licenses.
 Overseeing the functioning of copyright societies.
4. Compulsory licensing: The copyright board often plays a crucial role in the issuance of
compulsory licenses. In situations where the copyright owner refuses to grant a license for the use
of a work, the Board may intervene to grant a license under certain terms and conditions.
5. Royalty fixation: One of the primary functions of the Copyright Board is to fix and review royalty
rates for different uses of copyrighted works. This includes determining fair compensation for the
use of works in various industries, such as broadcasting, public performance, and reproduction.
6. Dispute resolution: The Copyright Board serves as a forum for the resolution of disputes between
copyright owners and users. Disputes may arise over licensing terms, royalty rates, or other matters
related to the exploitation of copyrighted works.
7. Hearing appeals: The Copyright Board may hear appeals against decisions made by copyright
offices, licensing authorities or disputes related to the grant or revocation of licenses. It provides an
avenue for parties to challenge decisions that affect their copyright interests.
8. Composition and members: The Copyright Board is typically composed of members with
expertise in copyright law, intellectual property, economics, and related fields. The composition
may include a chairperson and other members appointed by the government.
9. Transparency and accountability: The Copyright Board operates with transparency and is
accountable for its decisions. It may issue guidelines, rules, and orders to ensure clarity in its
proceedings and to maintain a fair and predictable copyright environment.
10. Role in copyright societies: The Copyright Board may oversee the functioning of copyright
societies, ensuring that they operate in compliance with the law and adhere to fair practices in
licensing and royalty distribution.
11. Role in international relations: In some cases, the Copyright Board may play a role in
international relations related to copyright matters. This may include participation in discussions on
international treaties and agreements that impact copyright enforcement and protection.
12. Legal proceedings and judicial review: Decisions of the Copyright Board are subject to judicial
review. Parties dissatisfied with the decisions of the Board may seek redress through the legal
system.
13. Amendments and legislative changes: The Copyright Board may be subject to amendments and
changes in the copyright laws of the country it serves. Legislative changes may impact its powers,
functions, and procedures.
14. India's Copyright Board: In India, the Copyright Board was established under the Copyright Act,
1957. It plays a significant role in matters related to licensing, royalty fixation, and dispute
resolution in the Indian copyright landscape.
Understanding the role and functions of the Copyright Board is essential for creators, copyright
owners, users, and other stakeholders in the copyright ecosystem. It helps ensure fair and equitable
treatment of copyright interests and provides a mechanism for resolving disputes within the
framework of copyright law.
Copyright enforcement advisory council (CEAC)

The Government has set up a Copyright Enforcement Advisory Council (CEAC) on November 6,
1991 to review the progress of enforcement of Copyright Act periodically and to advise the
Government regarding measures for improving the enforcement of the Act.
The term of the CEAC is 3 years. The CEAC is reconstituted periodically after expiry of the term.
The current CEAC has been reconstituted on 22nd February, 2005 for a period of 3 years.
The composition of the CEAC comprises Director General of Police, Government of Uttar Pradesh,
Andhra Pradesh, Gujarat, Punjab, etc. and representatives of Federation of the Indian Publishers,
New Delhi, representatives of Authors Guild of India, representatives of the Federation of
Publishers and Booksellers Associations in India, representatives of Film Federation of India,
representatives of National Association of Software Service Companies, representatives of
Phonographic Performance Limited, representatives of Indian Performing Right Society Limited
and representatives of Cine Artistes Association.
The Secretary, Department of Higher Education, Ministry of Human Resource Development and
Joint Secretary in charge of Book Promotion and Copyright Division is the Ex-Officio Chairman
and Vice Chairman of the CEAC respectively. The CEAC keep holding its meetings regularly.
International copyright agreements:

International copyright agreements are crucial for establishing standardized frameworks for the
protection of intellectual property across borders. These agreements aim to provide a level playing
field for creators and copyright holders worldwide.
1. Berne Convention for the protection of literary and artistic works (Berne Convention):
Year: First adopted in 1886, revised multiple times.
Purpose: The Berne Convention is one of the oldest and most important international copyright
treaties. It establishes minimum standards for copyright protection and provides that copyright is
automatic upon the creation of a work, without the need for formalities. The convention requires
members to treat foreign works on par with domestic works.
2. Universal copyright convention (UCC):
Year: Adopted in 1952, revised multiple times.
Purpose: The UCC is administered by the United Nations Educational, Scientific and Cultural
Organization (UNESCO). It offers an alternative to the Berne Convention, providing a simpler
system for copyright protection. It is particularly relevant for countries that may not be members of
the Berne Convention.
3. Agreement on trade-related aspects of intellectual property rights (TRIPS Agreement):
Year: Part of the World Trade Organization (WTO) agreements, came into force in 1995.
Purpose: The TRIPS Agreement sets international standards for intellectual property protection,
including copyright. It establishes minimum levels of protection that WTO member countries must
provide. TRIPS aim to reduce trade barriers by ensuring a consistent and enforceable framework for
intellectual property rights.
4. WIPO copyright treaty (WCT):
Year: Adopted in 1996.
Purpose: Administered by the World Intellectual Property Organization (WIPO), the WCT
addresses copyright protection in the digital environment. It recognizes the challenges posed by
digital technology and internet dissemination of works and introduces provisions to protect the
rights of authors and creators in the digital era.
5. WIPO performances and phonograms treaty (WPPT):
Purpose: Also administered by WIPO, the WPPT complements the WCT by focusing on the rights
of performers and producers of phonograms in the digital environment. It addresses issues such as
the rights of performers in their live performances and the rights of producers of phonograms.
6. Marrakesh treaty to facilitate access to published works for persons who are blind, visually
impaired, or otherwise print disabled:
Purpose: The Marrakesh Treaty is a WIPO-administered treaty that aims to increase access to
published works for visually impaired individuals. It facilitates the production and distribution of
accessible formats such as braille, large print, and audiobooks, without the need for permission
from copyright holders.
7. Beijing treaty on Audio-visual performances:
Purpose: This WIPO-administered treaty focuses on the rights of audio-visual performers in their
performances. It grants performers rights in their audio-visual performances and introduces
provisions for the protection of these rights in the digital environment.
8. Trade-related aspects of intellectual property rights-plus (TRIPS-Plus) agreements:
Purpose: Some bilateral and regional trade agreements include provisions that go beyond the
TRIPS Agreement, imposing additional obligations on member countries. These agreements, often
referred to as TRIPS-Plus agreements, aim to strengthen intellectual property protection.
Understanding these international copyright agreements is essential for creators, copyright holders,
policymakers, and legal professionals involved in the global intellectual property landscape. These
agreements contribute to the harmonization and enhancement of copyright protection worldwide.
Conventions and treaties:

Conventions and treaties play a crucial role in the field of international relations and law, covering a
wide range of subjects.
1. Definition: A convention and a treaty are terms often used interchangeably, but they may carry
slightly different meanings based on context. In general, a convention refers to a formal agreement
or assembly of people, while a treaty specifically denotes a formal and legally binding agreement
between states or international entities.
2. International treaties: Treaties are formal agreements between sovereign states or international
organizations. They can cover various matters, including trade, human rights, environmental
protection, arms control, and intellectual property.
3. Purpose: The primary purpose of conventions and treaties is to establish rules, obligations, and
standards that govern the behaviour of states or international entities. They provide a framework for
cooperation, dispute resolution, and the pursuit of common goals.
4. Formation: Treaties are typically negotiated and drafted by representatives of the involved parties.
The negotiation process may involve multiple rounds of discussions, and the final text is usually
subject to ratification by the parties involved, signifying their formal acceptance of the treaty.
5. Bilateral and multilateral treaties: Treaties can be bilateral, involving two parties, or multilateral,
involving more than two parties. Multilateral treaties often have broader implications and may
involve a larger number of states or international organizations.
6. Key elements of a treaty: A treaty typically includes:
 Preamble: Introduction and context of the treaty.
 Articles: Provisions that outline the rights, obligations, and commitments of the parties.
 Signatories: The states or entities that formally agree to the treaty.
 Ratification: Formal acceptance of the treaty by the parties.
 Entry into force: The date on which the treaty becomes legally binding.
 Amendments and termination: Procedures for making changes or terminating the treaty.
7. Vienna convention on the law of treaties (VCLT): The VCLT is an international agreement that
codifies the rules and principles governing the formation, interpretation, and termination of treaties.
It provides a framework for understanding the legal aspects of treaties and is widely recognized as
customary international law.
8. Ratification and implementation: Ratification is the formal approval of a treaty by the competent
authorities of a state. After ratification, states often need to take steps to implement the treaty's
provisions into their domestic legal systems to ensure compliance.
9. Reservations and declarations: States may make reservations or declarations when ratifying a
treaty, indicating exceptions or clarifications regarding specific provisions. These reservations can
impact the state's obligations under the treaty.
10. Depositary: The depositary is the entity or person responsible for receiving and safeguarding the
original copies of the treaty and related instruments. The depositary may also assist in matters
related to the treaty's implementation and administration.
11. Enforcement and compliance: The enforcement of treaties depends on the willingness of states to
comply with their obligations. Some treaties establish dispute resolution mechanisms, while others
rely on diplomatic means to address non-compliance.
12. International organizations and conventions: Many international organizations, such as the
United Nations (UN), World Trade Organization (WTO), and World Intellectual Property
Organization (WIPO), play a role in facilitating the negotiation and administration of conventions
and treaties.
13. Examples of international conventions: Examples include the Paris Agreement on climate
change, the Geneva Conventions on humanitarian law, the United Nations Convention on the Law
of the Sea (UNCLOS), and the Universal Declaration of Human Rights.
14. Impact on domestic laws: Ratification and implementation of treaties often require adjustments to
domestic laws. Some states may need to enact new legislation or amend existing laws to ensure
compliance with treaty obligations.
Understanding the intricacies of conventions and treaties is essential for diplomats, legal
professionals, policymakers, and anyone involved in international relations. These agreements
shape the legal landscape of the global community, influencing cooperation, conflict resolution, and
the pursuit of common objectives.
Interesting copyrights cases:
Here are summaries of a few interesting copyright cases that have played a significant role in
shaping copyright law and addressing unique legal issues:
1. Blurred lines case (Williams v. Gaye, 2015):

Background: This case involved a copyright infringement claim against musicians Robin Thicke
and Pharrell Williams for their hit song "Blurred Lines." The estate of Marvin Gaye claimed that
"Blurred Lines" copied elements of Gaye's song "Got to Give It Up."
Outcome: In 2015, a jury found Thicke and Williams liable for copyright infringement and ordered
them to pay substantial damages to the Gaye estate. The case raised debates about the line between
inspiration and infringement in music.
2. Oracle v. Google (2018):
Background: This case revolved around Google's use of Java APIs (Application Programming
Interfaces) in its Android operating system. Oracle claimed that Google's use of the APIs infringed
on its copyright.
Outcome: In 2018, the U.S. Court of Appeals for the Federal Circuit ruled in favor of Oracle,
stating that Google's use of the Java APIs was not fair use. The decision had implications for the use
of software interfaces and fair use in the tech industry.
3. A&M records, Inc. v. Napster, Inc. (2001):
Background: Napster was one of the first widely-used peer-to-peer file-sharing services. The major
record labels, including A&M Records, filed a lawsuit against Napster, alleging massive copyright
infringement due to users sharing copyrighted music without authorization.
Outcome: In 2001, the Ninth Circuit Court of Appeals held Napster liable for contributory and
vicarious copyright infringement. The case set important precedents regarding the responsibility of
online platforms for user-generated content.
4. Authors Guild v. Google (2016):
Background: Authors Guild sued Google for copyright infringement over Google's Book Search
project, which involved digitizing and displaying snippets of copyrighted books without explicit
permission from authors.
Outcome: In 2016, the Second Circuit Court of Appeals ruled in favor of Google, stating that the
digitization and display of snippets constituted fair use. The case had implications for the
digitization of books for purposes such as search and indexing.
5. Marvel Characters, Inc. v. Kirby (2014):
Background: The heirs of comic book artist Jack Kirby sought to terminate Marvel's copyright
grants for characters he co-created, including the Hulk, Thor, and X-Men. Marvel argued that
Kirby's work was done as a "work for hire," and therefore, the termination notices were invalid.
Outcome: In 2014, the Second Circuit Court of Appeals ruled in favor of Marvel, stating that the
characters were indeed created as works for hire. The case addressed issues of termination rights
and work-for-hire agreements in the context of comic book creations.
6. Cariou v. Prince (2013):
Background: The case involved artist Richard Prince's use of photographs taken by Patrick Cariou
in his own artwork. Cariou sued Prince for copyright infringement, claiming that Prince's use of his
photographs was not transformative.
Outcome: In 2013, the Second Circuit Court of Appeals found that Prince's use of the photographs
was transformative and constituted fair use. The decision emphasized the importance of
transformative use in the fair use analysis.
7. Dancing Baby (Lenz v. Universal Music Corp., 2015):
Background: A mother uploaded a video to YouTube of her toddler dancing to Prince's song "Let's
Go Crazy." Universal Music Corp. issued a takedown notice, claiming copyright infringement.
Outcome: In 2015, the Ninth Circuit Court of Appeals held that copyright holders must consider
fair use before issuing takedown notices. The case highlighted the obligation of copyright holders to
consider fair use before taking down user-generated content.
These cases showcase the diverse legal issues that arise in copyright law, including questions of fair
use, digital rights, infringement in the music industry, and the evolving role of online platforms.
Legal decisions in these cases have had a lasting impact on how copyright law is interpreted and
applied.
Trademarks:
Eligibility Criteria
1. Distinctiveness: Trademarks must be distinctive, helping consumers identify the source of goods or
services. Fanciful (invented), arbitrary, or suggestive marks are inherently distinctive and are more
likely to be eligible.
2. Non-generic: Trademarks should not be generic terms that describe the product or service itself.
Generic terms are not capable of serving as trademarks because they are commonly used to refer to
the product or service itself.
3. Not confusingly similar: Trademarks should not be confusingly similar to existing trademarks in
the same or related industries. The likelihood of confusion with existing marks is a crucial factor in
determining eligibility.
4. Lawful use: Trademarks must be used for lawful goods or services. Marks associated with illegal
or immoral activities are generally not eligible.
5. No descriptiveness: Descriptive marks that directly describe a product or service may not be
eligible unless they acquire distinctiveness through extensive use and recognition.
6. No deceptiveness: Trademarks must not be deceptive or misleading to the public. They should
accurately represent the nature, quality, or origin of the goods or services.
7. Not functional: Trademarks cannot be functional in nature; they should not serve a purely
functional purpose. Patents are more appropriate for protecting functional features.
8. Not generic or geographically descriptive: Generic terms and geographical descriptors are
generally ineligible as trademarks.
9. Not a surname: Trademarks should not be primarily surnames, as they lack distinctiveness.
10. Not offensive: Trademarks should not be offensive or disparaging to a particular group or
community.
11. Use in commerce: In many jurisdictions, trademarks need to be used in commerce to be eligible for
protection. Intent-to-use applications may also be accepted in some jurisdictions.
12. Registration and renewal: Depending on the jurisdiction, trademarks may need to be registered to
receive protection. Regular renewal and proper use are often required to maintain trademark rights.
Remember, specific rules and requirements may vary by jurisdiction. It's advisable to consult with a
trademark attorney or the relevant intellectual property office for precise and up-to-date information
based on your location.
Who can apply for a trademark:
1. Individuals: Individuals, including entrepreneurs, artists, and inventors, can apply for a trademark
to protect their personal or business brand.
2. Business entities: Corporations, partnerships, limited liability companies (LLCs), and other
business entities can apply for trademarks to protect their brand names, logos, or products.
3. Foreign entities: Foreign individuals or companies that conduct business or offer goods/services in
a particular jurisdiction may also apply for trademarks in that jurisdiction.
4. Government entities: Government entities, such as federal or state agencies, can apply for
trademarks for specific goods or services they provide.
5. Non-profit Organizations: Non-profit organizations can seek trademark protection for their logos,
slogans, or other distinctive elements associated with their charitable activities.
6. Joint applicants: Multiple individuals or entities can jointly apply for a trademark if they have a
shared interest in the mark.
7. Assignees and successors: Assignees or successors in interest can apply for a trademark if they
have acquired the rights to the mark from the original owner.
8. Authorized representatives: Trademark applications can be filed by attorneys or other authorized
representatives on behalf of individuals or entities.
9. Foreign applicants: Foreign applicants, including individuals or companies located outside a
particular jurisdiction, may apply for trademarks in that jurisdiction, often with the assistance of
local agents or attorneys.
10. Intent-to-use applicants: In some jurisdictions, individuals or entities with a bona fide intent to use
a trademark in commerce can file an intent-to-use application before actual use.
11. Educational institutions: Educational institutions, such as schools or universities, can apply for
trademarks to protect logos or symbols associated with their brand.
It's important to note that the specific requirements and procedures for trademark applications may
vary by jurisdiction. It is advisable to consult with a trademark attorney or the relevant intellectual
property office in the jurisdiction where protection is sought for accurate and up-to-date
information.
Acts and laws:

Trademark laws and acts vary by jurisdiction, a general overview is provided here. For specific
details, it's important to refer to the trademark laws of the relevant country or region.
Overview of trademark laws:

1. Purpose: Trademark laws aim to protect the distinctive signs, symbols, names, and logos used by
businesses to identify and distinguish their goods and services.
2. Registration process: Trademarks are often registered with a government intellectual property
office. The registration process typically involves a thorough examination to ensure the proposed
mark meets eligibility criteria.
3. Distinctiveness: Trademarks must be distinctive to be eligible for protection. Distinctiveness can be

inherent, acquired through use, or through distinctiveness acquired before filing.
4. Infringement: Trademark infringement occurs when a similar mark is used for similar goods or
services, causing confusion among consumers. Owners of registered trademarks can take legal
action against infringing parties.
5. Duration and renewal: Trademark registrations have a finite duration, usually renewable upon
payment of fees. Continuous and proper use is often a requirement for renewal.
6. International protection: Some treaties and agreements facilitate the international protection of
trademarks (e.g., Madrid Protocol). International registration systems streamline the process of
obtaining protection in multiple countries.
7. Enforcement and litigation: Trademark owners have the right to enforce their marks against
unauthorized use. Legal remedies may include injunctions, damages, or the destruction of infringing
goods.
8. Genericization: Trademarks can lose protection if they become generic terms for the product or
service they represent (e.g., aspirin, escalator).
9. Well-known marks: Recognizes and protects well-known trademarks even if not registered in a
10. Licensing and assignment: Trademark owners can license others to use their marks or assign the
rights to another entity.
11. Dilution: Some jurisdictions recognize the concept of dilution, where the use of a similar mark may
weaken the distinctiveness of a famous trademark.
12. National and regional laws: Trademark laws may differ at the national and regional levels.
Examples include the Lanham Act in the United States, the Trade Marks Act in the United
Kingdom, and the Trade Marks Act in India.
Key Considerations:
1. Use in commerce: Many jurisdictions require a trademark to be used in commerce to maintain

registration.
2. Search and clearance: Prior to registration, it is advisable to conduct a comprehensive search to
ensure the mark is available and does not conflict with existing trademarks.
3. Consultation with professionals: Trademark attorneys or agents can provide valuable guidance on
registration, enforcement, and protection strategies.
For detailed and jurisdiction-specific information, it is recommended to refer to the specific

trademark laws and regulations of the country or region in question.
Designation of trademark symbols:

Trademark symbols are important indicators that convey the status of a trademark and its level of
protection. Here are notes on the designation of trademark symbols:
Trademark symbols:
1. TM symbol (™): The TM symbol is used to indicate that the trademark is unregistered and can be
used for promoting the goods of the company. It is commonly used for trademarks that are in the
process of being registered.
2. SM symbol (SM): The SM symbol is used to indicate that it is unregistered and can be used for
brand services.
3. Registered trademark symbol (®): The Registered Trademark symbol, denoted by the ®,
indicates that a trademark has been officially registered with the relevant government trademark
office. It provides notice to the public that the mark is registered and enjoys legal protection. Use of
the ® symbol without proper registration is illegal and may lead to penalties.
Proper usage:
1. Placement: Trademark symbols are typically placed in the upper right corner or in a superscript
position next to the trademarked element.
2. Consistent usage: Once a trademark is registered, it is essential to consistently use the registered
trademark symbol to maintain the protection and notify the public of the mark's registered status.
3. Correct marking: Using the appropriate symbol is crucial; the TM symbol is used for unregistered
trademarks, and the ® symbol is reserved for officially registered trademarks.
4. Notifying the public: The use of trademark symbols serves as a public notification of the owner's
claim to exclusive rights over the marked elements.
Legal implications:
1. Protection and enforcement: Proper use of trademark symbols strengthens the legal position of
the trademark owner in case of infringement. It helps establish the owner's intent to protect the mark
and informs potential infringers of the mark's protected status.
2. Avoiding misrepresentation: Misuse of trademark symbols can lead to legal consequences, as
misrepresenting a mark's registration status may be considered deceptive or fraudulent.
Additional notes:
1. Use of symbols on goods and services: Trademark symbols are commonly used on products,
packaging, marketing materials, and in connection with services to indicate trademark ownership.
2. Global variations: The use of trademark symbols may vary by jurisdiction. Some countries may
have specific rules regarding the use of these symbols.
3. Duration: The TM symbol can be used indefinitely, while the ® symbol is reserved for the
duration of the official registration.
It's important for trademark owners to understand and adhere to the proper use of these symbols to
maximize the legal protection of their marks. Consulting with a trademark attorney can provide
additional guidance on the correct and strategic use of trademark symbols based on specific
jurisdictional requirements.
Classification of trademarks:
Trademarks can be classified in various ways based on their distinctive characteristics and the
nature of the goods or services they represent. Here are notes on the classification of trademarks:
1. Generic trademarks:
Definition: Consists of common terms for the goods or services.
Example: "Computer" for computers, "Cotton" for cotton products.
Consideration: Not eligible for trademark protection.
2. Descriptive trademarks:
Definition: Describes a characteristic or quality of the goods or services.
Example: "Sharp" for knives, "International" for global services.
Consideration: Generally, not inherently distinctive; protection may be obtained through
secondary meaning acquired through extensive use.
3. Suggestive trademarks:
Definition: Suggests a quality or characteristic of the goods or services without directly describing
them.
Example: "Microsoft" for software, "Netflix" for online streaming.
Consideration: Considered distinctive and eligible for trademark protection without showing
acquired distinctiveness.
4. Arbitrary trademarks:
Definition: Consists of common words or symbols used in a way unrelated to the goods or services.
Example: "Apple" for computers, "Shell" for oil and gas.
Consideration: Inherently distinctive and eligible for strong trademark protection.
5. Fanciful trademarks:
Definition: Coined terms created solely for use as a trademark.
Example: "Xerox" for photocopiers, "Kodak" for cameras.
Consideration: Highly distinctive and entitled to strong protection.
6. Service marks:
Definition: Similar to trademarks but used to identify services rather than goods.
Example: "FedEx" for shipping services, "McDonald's" for restaurant services.
7. Certification marks:
Definition: Used to certify specific characteristics or qualities of goods or services.
Example: "UL" for product safety, "Fair Trade" for ethical sourcing.
Consideration: Ensures that the goods or services meet certain standards.
8. Collective marks:
Definition: Owned by an organization or association to identify the goods or services of its
members.
Example: Logos or symbols indicating membership in a trade association.
9. Well-known marks:
Definition: Enjoy a high level of recognition and protection due to their widespread reputation.
Example: "Coca-Cola," "Apple," "Nike."
Consideration: Protected even in unrelated classes and jurisdictions.
10. Sound marks:
Definition: Represents a distinctive sound.
Example: The NBC chimes, Intel jingle.
Consideration: Must be distinctive and capable of identifying the source of goods or services.
11. Colour marks:
Definition: Uses colour as the distinguishing feature.
Example: UPS brown, Tiffany blue.
Consideration: Must have acquired distinctiveness and be capable of indicating source.
12. Trade dress:
Definition: Protects the overall appearance and image of a product, including its packaging.
Example: Coca-Cola bottle shape, Apple iPhone design.
Consideration: Must be distinctive and non-functional.
Key considerations:
International classification of goods and services: Trademarks are categorized into classes based
on the type of goods or services they cover, following the Nice Classification.
Search and clearance: Before adopting a trademark, it's crucial to conduct a thorough search to
ensure there are no conflicting marks in the relevant class.
Protection and enforcement: The level of protection afforded to a trademark depends on its
distinctiveness and the strength of its association with the goods or services.
Consultation with professionals: Consulting with trademark attorneys or agents can provide
guidance on selecting and protecting the most suitable type of trademark for a business.
Understanding the different types of trademarks helps businesses strategically choose and protect
their brands in the competitive marketplace.
Registration of a trademark is not compulsory:

1. Common law rights: In many jurisdictions, trademark rights can be established through common
law rights, meaning that the mere use of a mark in commerce can create some level of protection.
While registration provides additional benefits, businesses can still claim rights based on the actual
use of a trademark without undergoing the formal registration process.
2. Registration enhances protection: Registration with the relevant intellectual property office
provides additional benefits and legal advantages, including a presumption of ownership,
nationwide protection, and the right to use the ® symbol. Although not compulsory, registration
offers a more robust and easily enforceable level of protection.
3. Protection limited to geographic area: Unregistered trademarks typically have protection limited
to the geographic area where the mark is used. This may result in challenges when expanding into
new markets, as protection needs to be established in each jurisdiction individually.
4. Priority of use: In jurisdictions following the first-to-use system, the entity that first uses a
trademark in commerce gains certain rights over others is using similar marks for related goods or
services. This emphasizes the importance of promptly using and continuously using a mark to
establish rights.
5. Proving ownership without registration: In legal disputes, owners of unregistered trademarks

may need to rely on evidence of use and other factors to prove ownership and enforce their rights.
Registration simplifies the process by providing a publicly accessible record of ownership.
6. Advantages of registration: Registration offers various advantages, including a legal presumption
of ownership, the right to use the registration symbol (®), and the ability to bring legal actions in
federal court. These benefits make it easier for trademark owners to protect their marks and seek
remedies in case of infringement.
7. International protection: For businesses operating internationally, registering a trademark can be
crucial for obtaining protection in multiple jurisdictions under international treaties like the Madrid
Protocol. Unregistered trademarks may face challenges when seeking protection beyond their home
country.
8. Preventing third-party registration: Registration acts as a public notice, making it more difficult
for third parties to register similar marks. Without registration, businesses may face challenges if
others attempt to register similar marks.
9. Renewal requirements: While registration provides a presumption of ownership, it is subject to
renewal requirements, and failure to renew can lead to loss of protection. Continuous and proper
use of a mark is essential for both registered and unregistered trademarks.
10. Consultation with professionals: Businesses should consider consulting with trademark attorneys
to assess the benefits and risks associated with registration based on their specific circumstances
and business goals.
In summary, while the registration of a trademark is not compulsory, it offers significant advantages
in terms of legal protection, presumption of ownership, and international recognition. Businesses
should carefully evaluate their trademark strategy and consider the benefits of registration based on
their specific needs and objectives.
Validity of Trademark:
1. Registration duration: Trademarks are typically registered for a specific duration, which varies by
jurisdiction. Registration must be renewed periodically to maintain validity. Failure to renew may
result in the loss of trademark protection.
2. Use in commerce: Continuous and bona fide use of a trademark in commerce is crucial for
maintaining its validity. Non-use or abandonment of a trademark may lead to its cancellation or
removal from the register.
3. Proper use: Trademarks must be used in a manner consistent with their registration. Misuse,
genericide, or failure to use the mark properly may affect its validity. Proper use contributes to the
distinctiveness and strength of a trademark.
4. Non-functionality: Trademarks must not be functional or essential to the product or service.
Functional features are generally protected by patents, not trademarks. If a trademark is primarily
functional, it may be deemed invalid.
5. Distinctiveness: Trademarks must maintain their distinctiveness to remain valid. If a mark becomes
generic or loses its distinctiveness, it may lose protection. Owners should actively protect against
genericide and monitor use in the market.
6. Avoiding confusion: Trademarks must not cause confusion with existing marks in the same or
related classes. Avoiding likelihood of confusion is essential for validity. Owners must be vigilant
in protecting against potential conflicts.
7. Renewal and maintenance: Regular renewal and payment of maintenance fees are necessary to
keep a trademark valid. Different jurisdictions have specific renewal requirements. Owners should
keep track of renewal deadlines to prevent unintentional lapses.
8. Amendments and assignments: Amendments to the registered details or assignments of ownership

should be recorded with the relevant intellectual property office to maintain validity. Keeping
registration details accurate and up-to-date is essential.
9. No deceptive use: Trademarks must not be used deceptively or in a manner that misleads the public
about the nature or quality of the goods or services. Deceptive use may lead to challenges to the
validity of the mark.
10. Legal challenges and oppositions: Legal challenges, oppositions, or cancellation proceedings
initiated by third parties can impact the validity of a trademark. Owners must be prepared to defend
the validity of their marks when facing legal challenges.
11. Use-it-or-lose-it principle: Some jurisdictions follow the use-it-or-lose-it principle, where non-use
for a specified period may lead to cancellation of the mark. Regular use and monitoring are
essential to maintain the validity of trademarks.
12. International Considerations: For international trademarks, compliance with the laws and
requirements of each jurisdiction is crucial for maintaining validity. Trademark owners should be
aware of and adhere to the specific regulations in each country where protection is sought.
Understanding and actively managing these factors are essential for maintaining the validity of
trademarks. Regular monitoring, legal compliance, and prompt action in response to any challenges
contribute to the long-term protection of a brand.
Types of Trademarks registered in India:

In India, trademarks can be registered under various categories based on the nature of goods or
services they represent. The classification follows the Nice Classification system. Here are the types
of trademarks registered in India:
1. Product trademarks: Marks used to distinguish goods or products.

Example: Logos, brand names, or symbols associated with tangible goods.
2. Service trademarks: Marks used to distinguish services.
Example: Logos, brand names, or symbols associated with services such as banking,
telecommunications, or education.
3. Collective trademarks: Used by members of an association or a collective group to identify
their goods or services.
Example: Logos or symbols indicating membership in a trade association.
4. Certification trademarks: Used to certify the origin, material, mode of manufacture, quality,
accuracy, or other characteristics of specific goods or services.
Example: Certification marks like "ISI" (Indian Standards Institute).
5. Shape trademarks: Represents the shape or three-dimensional configuration of goods.
Example: Unique shapes of product packaging or the product itself.
6. Sound trademarks: Represents a distinctive sound.
Example: Jingles, musical tunes, or other sound marks associated with a brand.
7. Colour trademarks: Uses colour as the distinguishing feature.
Example: Distinctive colour schemes associated with specific brands, packaging, or products.
8. Smell trademarks: Represents a distinctive smell or scent.
Example: Fragrance associated with certain products.
9. Trademark for well-known marks: Marks that have gained significant recognition and are
considered well-known.
Example: Trademarks like Coca-Cola, Microsoft, or Apple.
10. Series trademarks: Registered as a series of trademarks sharing a common element but
differing in non-distinctive elements.
Example: Series of trademarks with a common prefix.
11. Trade dress: Protects the overall appearance and image of a product, including its packaging.
Example: Distinctive packaging, labelling, or design elements associated with a brand.
Key considerations:
1. Nice classification system: Trademarks are classified into specific classes based on the nature of
goods or services they represent, following the Nice Classification system.
2. Filing requirements: Each type of trademark may have specific filing requirements and
considerations. Understanding these requirements is crucial for a successful application.
3. Distinctiveness: Trademarks must be distinctive and capable of distinguishing the goods or services
from others in the market.
4. Protection and enforcement: Registration provides legal advantages and facilitates enforcement.
Trademark owners should actively monitor and protect their marks against infringement.
5. Renewal: Trademark registrations in India need to be renewed periodically to maintain their
validity.
6. Consultation with professionals: Businesses seeking trademark registration should consider
consulting with trademark attorneys or agents to navigate the registration process effectively.
Understanding the types of trademarks and their respective classifications is crucial for businesses
aiming to protect their intellectual property in India. It ensures that the registration process aligns
with the nature of the goods or services associated with the brand.
Trademark registry:
1. Definition: The Trademark Registry, often referred to as the Intellectual Property Office (IPO),
is a government agency responsible for the registration and administration of trademarks within a
In India, the operations of Trademarks are carried out from five cities i.e. Delhi, Mumbai,
Ahmadabad, Kolkata, and Chennai. Each city has been assigned a bunch of states. The businesses
located in a particular state can only use the services of the assigned Trademark Registration Office.
SL No. Office location States included
1 Mumbai Maharashtra, Madhya Pradesh, Chhattisgarh and Goa.
2 Ahmedabad Gujarat, Rajasthan and Union Territories of Daman, Diu, Dadra &
Nagar Haveli.
3 Kolkata Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal,
Manipur, Mizoram, Meghalaya, Sikkim, Tripura, Jharkhand and
Union Territories of Nagaland, Andaman & Nicobar Islands.
4 New Delhi Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal
Pradesh, Uttarakhand, Delhi and Union Territory of Chandigarh.
5 Chennai Andhra Pradesh, Telangana, Kerala, Tamilnadu, Karnataka and
Union Territories of Pondicherry and Lakshadweep Island.
2. Functions:
Trademark Registration: The primary function is to facilitate the registration of trademarks,
providing legal protection to owners. Applications are examined to ensure compliance with
eligibility criteria and existing registrations.
Maintenance of Register: The Trademark Registry maintains a public register of trademarks,
including details about their owners, specifications of goods/services, and registration status.
Examination and Opposition: Conducts examinations of trademark applications to determine

distinctiveness and compliance with legal requirements. Facilitates opposition proceedings,
allowing third parties to challenge trademark applications.
Renewals: Manages the renewal process, requiring trademark owners to renew their registrations
periodically to maintain protection.
Recording of changes: Records changes to trademark registrations, such as amendments to the
mark, assignments, or changes in ownership.
Publication: Publishes details of accepted trademarks in official journals or databases, notifying the
public and providing an opportunity for opposition.
3. International Classification: Trademark registries typically adopt the Nice classification
system, classifying goods and services into specific classes.
4. Application process:
Filing: Trademark owners or applicants submit applications to the Trademark Registry, providing
details about the mark and the goods/services it represents.
Examination: The registry examines applications for compliance with legal requirements and
existing trademarks.
Publication: Accepted trademarks are published in official journals, allowing third parties to
oppose if they believe the mark infringes upon their rights.
Opposition proceedings: Third parties can file oppositions during a specified period, leading to
hearings and decisions.
Registration: If there are no oppositions or if oppositions are unsuccessful, the trademark is
registered, and a certificate is issued.
5. Role in enforcement: The Trademark Registry plays a vital role in the enforcement of trademark
rights. It provides a legal basis for owners to take action against infringing parties through legal
proceedings.
6. International cooperation: Trademark Registries may participate in international agreements
and conventions, such as the Madrid Protocol, facilitating the international registration of
trademarks.
7. Protection period: Trademarks registered with the Trademark Registry are typically protected
for a specified period, subject to renewal.
8. Access to information: The Trademark Registry provides public access to information about
registered trademarks, allowing interested parties to verify the status of marks and conduct searches.
9. Challenges and appeals: Trademark applicants or opponents can challenge decisions through
appeal processes if they disagree with the outcomes of examinations or opposition proceedings.
Importance of legal advice: Given the complexity of trademark laws and registration procedures,
businesses are often advised to seek legal counsel or use the services of trademark attorneys when
dealing with the Trademark Registry.
Understanding the functions and processes of the Trademark Registry is crucial for businesses
seeking to protect their brands and intellectual property. It serves as a central authority for the
registration and administration of trademarks, ensuring legal clarity and protection for trademark
owners within a given jurisdiction.
Process for trademarks registration:

Here are notes on the process for trademark registration:
1. Pre-filing considerations:
Conduct a trademark search: Before filing an application, conduct a comprehensive search to
ensure that the proposed trademark is unique and not already in use or registered.
Identify goods/services: Clearly define the goods or services that the trademark will represent, as
trademarks are registered based on specific classes.
2. Filing the trademark application:

Prepare application: Complete the trademark application form, providing details such as the
applicant's information, a representation of the mark, and a list of goods or services.
Choose the right class: Classify the goods or services according to the Nice Classification system,
as trademarks are registered based on specific classes.
Submit to the trademark office: File the application with the relevant Trademark Registry, along
with the prescribed fees.
3. Examination by the trademark office:
Examination process: The Trademark Registry examines the application for compliance with legal
requirements, distinctiveness, and potential conflicts with existing trademarks.
Office actions: If issues are identified, the Registry may issue office actions, providing the
applicant with an opportunity to respond and address concerns.
4. Publication and opposition period:
Publication: If the application passes examination, it is published in the official journal or database,
providing public notice of the intended registration.
Opposition period: A specified period is allowed for third parties to oppose the registration if they
believe it infringes upon their rights.
5. Opposition proceedings:
Hearings and decisions: If an opposition is filed, both parties may participate in hearings, and a
decision will be made by the Trademark Registry.
6. Registration and issuance of certificate:
Registration: If there are no oppositions or if oppositions are unsuccessful, the trademark is
registered.
Issuance of certificate: A registration certificate is issued to the trademark owner, providing legal
evidence of ownership and protection.
7. Renewal:
Renewal period: Trademark registrations must be renewed periodically, usually every ten years, to
maintain their validity.
Renewal process: The trademark owner must submit a renewal application along with the required
fees to the Trademark Registry.
8. Enforcement and protection:
Monitor and protect: Trademark owners must actively monitor the market for potential
infringements and take legal action when necessary.
Enforcement actions: Legal remedies, such as injunctions, damages, and the removal of infringing
goods from the market, can be pursued through the courts.
9. International considerations:
Madrid protocol: For international protection, consider filing under the Madrid Protocol, which
allows for the centralized filing of trademark applications in multiple countries.
10. Legal advice and professional assistance:
Consult with trademark attorneys: Seeking legal advice from trademark attorneys or
professionals can be valuable throughout the registration process.
Maintain proper records: Maintain accurate records of the trademark registration, renewal dates,
and any changes to the mark or ownership.
11. Post-registration monitoring:
Watch Services: Consider using watch services to monitor new trademark applications and identify
potential conflicts.
12. Defensive strategies:
Defensive filings: File defensive registrations to protect variations, misspellings, or related marks
that could be used by potential infringers.
Fig: Glow chart of process for Trademark registration.

Source: Office of Controller General of Patents, Designs and Trademarks.
Understanding and following these steps are crucial for successfully navigating the trademark
registration process. Seeking professional guidance, maintaining records, and actively protecting the
mark contribute to the long-term success and validity of trademark registrations.
Prior art search:
1. Purpose of prior art search for Trademarks: Determine whether a proposed trademark is
already in use or registered by others. Identify existing trademarks to avoid potential conflicts and
legal issues. Assess the likelihood of successfully registering the proposed trademark based on
existing marks.
2. Steps in a prior art search for Trademarks:
Define the scope: Clearly define the scope of the search by identifying keywords, elements, or
distinctive features related to the proposed trademark.
Select relevant databases: Utilize trademark databases, both national and international, to conduct a
comprehensive search.
Conduct a thorough search: Use various search techniques, including keyword searches and image
searches, to identify potentially conflicting trademarks.
Review official Trademark registers: Examine official trademark registers maintained by national
intellectual property offices.
Explore common law sources: Consider searching common law sources, such as business
directories, online platforms, and industry publications, for unregistered trademarks.
3. Online search tools for Trademarks:

National Trademark Offices: Access the trademark databases of national intellectual property
offices, such as the USPTO, EUIPO, and WIPO.
Global brand databases: Explore global brand databases and online platforms that track trademarks
worldwide.
Professional Trademark databases: Utilize professional trademark search databases for more
advanced search capabilities.
4. Professional Assistance:
Trademark attorneys and agents: Seek assistance from trademark attorneys or agents who specialize
in trademark searches for accurate and comprehensive results.
5. Evaluation of prior Trademarks:
Similarity Assessment: Assess the similarity between the proposed trademark and existing
trademarks in terms of visual, phonetic, and conceptual aspects.
Goods and services comparison: Compare the goods or services associated with existing trademarks
to those of the proposed trademark.
Distinctiveness analysis: Analyse the distinctiveness of the proposed trademark in relation to
existing marks.
6. Documentation and records:
Keep detailed records: Maintain detailed records of the trademarks uncovered during the search,
including information on registrants, registration status, and goods/services covered.
Document search strategy: Document the search strategy used, including keywords, databases
accessed, and any search parameters.
7. Iterative process:
Refine and repeat: The trademark search process may need refinement based on initial results. It can
be an iterative process to uncover additional relevant references.
8. Legal implications:
Avoiding Trademark Infringement: A thorough prior art search helps in avoiding unintentional
infringement, which can have legal consequences.
9. Consideration of common law Trademarks:
Beyond registered marks: Include a search for common law trademarks, which are unregistered
marks protected based on use.
10. Strategic timing:
Conduct Early Searches: Conduct trademark searches early in the branding and development
process to make informed decisions and avoid potential issues later.
11. Use of technology:
Trademark search tools: Leverage advanced trademark search tools and software for enhanced
efficiency and accuracy.
A well-executed prior art search for trademarks is crucial for making informed decisions about the
registrability and potential conflicts of a proposed trademark. Consulting with professionals,
maintaining detailed records, and conducting searches at strategic times contribute to the
effectiveness of the search process.
Famous case law: Coca-Cola Company vs. Bisleri International Pvt. Ltd
Introduction:
The case study sheds light on the fierce competition between the two beverage giants: The Coca-
Cola Company and Bisleri International Pvt. Ltd. as they vie for dominance in the global beverage
market. Both companies have strategically positioned themselves to capture more market share by
leveraging their brand reputation and innovative marketing techniques.
The case Coca-cola vs. Bisleri international is a landmark judgment in the history of intellectual
property rights in India. Bisleri International which is famous for bottled water was a defendant in
this case and the case was filled by Coca-Cola Company, the largest company to produce soft
drinks, here, is a plaintiff. There was a dispute between Coca-Cola and Bisleri international over a
trademark of Mazza, popularly known as the Mazza war.
Facts:
On 18 September 1993 defendant, Bisleri International earlier known as Aqua Minerals Pvt Limited
sold its, intellectual property rights to five other brands called Thums Up, Limca, Gold Spot, Citra,
and Mazza. The intellectual property rights include trademark, formulation rights, goodwill, and
know-how.
In 2008, the plaintiff filed an application for registration of the trademark „MAZZA‟ in Turkey.
After intimation of this information to the defendant, the defendant sent a legal notice to the
plaintiff renouncing the Licensing agreement and terminating the plaintiff from further production
of product Mazza or using its trademark directly or indirectly. The notice said that plaintiff had
breached the agreement by applying for registration of trademark „MAZZA‟ in Turkey. However, it
was also found by The Coca-Cola Company that Bisleri had allowed third-party companies
interventions such as Verma International and M/s. Indian Canning Industries and had been selling
the products in Turkey via Aqua Minerals now known as Bisleri.
Issues:
Issues raised in Delhi High Court were:
1. Whether Delhi High Court has jurisdiction over this matter?

2. Has infringement of trademark occurred?
3. Is the plaintiff entitled to get a permanent injunction?
4. Whether export of the products with the trademark “MAZZA” considered a trademark
infringement in the exporting nation?
5. Is „Varma International‟ a party in this case?
Rules:
According to Sections 41(h) and 41(l) of the Specific Relief Act 1993, the suit cannot be barred as
there was a detrimental or consensual contract between the two parties. And therefore the plaintiff is
entitled to get a permanent injunction in order to fulfil and enforce their exclusive rights.
And according to section 42 of the Specific Relief Act 1993, the defendant company is not entitled
to use the trademark „MAZZA‟. It says that “the plaintiff will be entitled to the injunction if they
had performed their part of the contract as was binding on them.” This means the plaintiff will get
an injunction if he has done or completed his part of the contract.
Arguments:
The argument made by the plaintiff was as the trademark MAZZA was assigned to Coca-Cola in
the Indian market. Any production or manufacture of a product with this trademark to sell in India
or to export to another nation would be considered an infringement of trademark and IPR laws.
In the counter-argument, the defendant argued that, as the product is sold in Turkey and not India
there was no infringement of the plaintiff‟s right. It was further argued that the defendant has
registered the trademark MAZZA worldwide and so it has the authority to sell its product anywhere
in the world.
Court’s decision:
The defendant demanded the vacation of the court‟s order on the grounds that this court does not
have the jurisdiction. However, according to the criminal law perspective, the Indian Penal Code
(1860) has an extra-territorial jurisdiction wherein an offence committed by an Indian citizen on a
foreign land will still hold that person liable. So according to this principle, Delhi high court has
jurisdiction in this matter. The goods were manufactured in India and getting sold in Turkey due to
this the court has the power to take up this matter.
The Delhi high court restricted the sale of Mazza product by Bisleri in India and an interim order of
injunction was passed against the defendant company Bisleri preventing them to use the trademark
each purchasable in India and export merchandise. It absolutely was worn out in order to stop the
plaintiff from suffering irreparable loss and injury and the appeal filed by the Bisleri Company was
invalidated by the court.
It was also held that the manufacture of goods was meant to be for the sale in other countries and
Bisleri still had the right to sell products in other countries, the court should have passed an order of
injunction only for its sale in India and not for the exports.
Bisleri International Pvt. Ltd has registered the trademark of Mazza all over the world whereas
Coca-Cola Company owned the trademark of Mazza only in India and suddenly if it tries to take all
the rights and trademark throughout the world then it would be unjustified on their part to claim an
injunction on the manufacture for exports.
And upon investigation, it was found that Verma International was exporting the product with a
trademark to Australia. The Court also held that there was an infringement of trademark because the
product was manufactured in India and then exported and in export, it is considered to be a sale
made in the nation, thus making Verma International a party to the case. The Court further upheld
the injunction against Verma International to prevent it from making any further sales and costing
the Coca-Cola Company a lot of money.
Conclusion:
Trademark is one of the crucial aspects of IPR. It covers brand names and uses to signify business
and products which cannot be used by any other company. Bisleri was neither held liable for
manufacturing and exporting the product nor sharing the secret ingredients with Verma
International due to a lack of proof. There is a high probability that Bisleri has shared the secret
beverage base with Varma International. However, Varma international was held liable for
infringement of trademark laws and was restricted from exporting or selling the product of the
Coca-Cola Company illegally.

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RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY RIGHTS

Copyrights and related rights:

Criteria for Copyright:

Copyrights of the author:

1. Definition: Copyright infringement refers to the unauthorized use, re-production, distribution,

Copyright infringement is a criminal offence:

Copyright infringement is a cognizable offence:

1. Varied classification: The classification of copyright infringement as a cognizable or non-

Fair use doctrine:

Copyrights and Internet:

1. Voluntary process: Copyright registration is a voluntary process in many jurisdictions. Copyright

Judicial powers of the registrar of copyrights:

1. Registration of copyrights: The Registrar of Copyrights is responsible for overseeing the

Source: Department for promotion of Industry and Internal trade

Sl. No. Particulars Fee in Rs

Copyright profile of India:

Copyright and the word ‘Publish’:

Transfer of copyrights to a publisher:

Copyrights and the word ‘Adaptation’:

Copyrights and the word ‘Indian work’

2. Criteria for joint authorship: To be considered a joint author, an individual must:

1. Definition of copyright society: A copyright society is an organization that acts on behalf of

1. Definition of Copyright Board: A copyright board is a quasi-judicial body established by the

Copyright enforcement advisory council (CEAC)

International copyright agreements:

Conventions and treaties:

1. Blurred lines case (Williams v. Gaye, 2015):

Who can apply for a trademark:

Acts and laws:

Overview of trademark laws:

3. Distinctiveness: Trademarks must be distinctive to be eligible for protection. Distinctiveness can be

1. Use in commerce: Many jurisdictions require a trademark to be used in commerce to maintain

For detailed and jurisdiction-specific information, it is recommended to refer to the specific

Designation of trademark symbols:

Registration of a trademark is not compulsory:

5. Proving ownership without registration: In legal disputes, owners of unregistered trademarks

8. Amendments and assignments: Amendments to the registered details or assignments of ownership

Types of Trademarks registered in India:

1. Product trademarks: Marks used to distinguish goods or products.

Examination and Opposition: Conducts examinations of trademark applications to determine

Process for trademarks registration:

2. Filing the trademark application:

Fig: Glow chart of process for Trademark registration.

Prior art search:

3. Online search tools for Trademarks:

1. Whether Delhi High Court has jurisdiction over this matter?

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