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PIRACY

The unauthorized use or reproduction of another's work. Where is there is a new implementation of ideas there is replication or a copy of the same. Types of piracy are done according to the categorization of Intellectual Property.

INTELLECTUAL PROPERTIES 
Copyright  Trademark  Patents

COPYRIGHT INFRINGEMENT 
Copyright infringement is using someone else's work without getting that person's permission.  The author of any original work, including books, essays, Web pages, songs, pictures, and videos, automatically gets the copyright to that work, even if she doesn't label it with the copyright symbol and her name.  The work must be fixed in tangible form, which means it must be stored on something physical, such as paper, canvas, a CD, or a hard disk.

. These include right to reproduce. assign. license or bequeath the copyright to another party if he wishes so. it amounts to infringement of the copyright.COPYRIGHT PIRACY  Copyright piracy is a phenomenon prevalent worldwide. piracy also adversely affects the creative potential of a society as it denies creative people such as authors and artists their legitimate dues. to publish. If any person other than the copyright owner or his authorised party undertakes any of the above mentioned activities with respect to a copyrighted product. The author of a copyrighted work. to adopt. The owner can also sell. enjoys certain exclusive rights with respect to his or her works. being the owner.  Piracy means unauthorized reproduction. Besides economic loss. Copyright piracy is thus like any other theft which leads to loss to the owners of the property. to translate and to perform in public. importing or distribution either of      the whole or of a substantial part of works protected by copyright.

necessary to discuss the nature and extent of piracy problems segment wise.  In fact.  It is. there are numerous other ways through which piracy of copyrighted works take place. The nature and extent of piracy also vary across the segments of the copyright industry.TYPES OF PIRACY IN COPYRIGHTS  A computer software is pirated by simply copying it onto another machine not authorized for its use. .  Book piracy takes place when a book is reproduced by someone other than the real publisher and sold in the market.  In a cinematographic work piracy generally takes place through unauthorized reproduction of the film in video forms and/or displaying the video through cable networks without taking proper authorization from the film producer (the right holder). therefore.  A performer's right is violated when a live performance of an artist is recorded or telecasted live without his/her permission.

In India. the journals/magazines and other periodicals are not pirated much. engineering and other professional books. namely. Piracy is generally confined to foreign and good indigenous books Because these books are demanded in large quantities and are also priced high. in India. The types of books pirated mostly are medical. primarily depends on two factors. Here piracy of literary works generally takes place in three principal ways. : wholesale reprinting of text and trade books Unauthorized translations and commercial photocopying of books/ journals. Book piracy. Many a time piracy takes the form of publishing fake books. These two factors positively contribute to piracy. where authors shown in books are not the real authors. the price of the book and its popularity. . encyclopedia and popular fictions.LITERARY WORKS  Piracy of literary works means illegal reproduction of books and other printed          materials and distribution/selling of these for profit.

but the publishers lose a huge revenue. National Open School and Board(s) of Secondary Education. many a time is that the entire book is photocopied including the cover pages. The piracy is also wide spread with respect to books published by National Council of Educational Research & Training (NCERT). piracy in the form of mass photocopying of books is largely prevalent in India. In the process student community and the photocopy operators gain. especially in and around educational institutions. While copyright law permits photocopying of literary works for limited private uses such as research. the institutions turn a blind eye to thi  Anti piracy drive with respect to books is generally weak in India. Students borrow books from libraries and then get these photocopied from the photocopier kept at the institution where from the books are borrowed. These books even if priced low are having large demand  Besides the above. Unfortunately. The industry associations are not very active in this regard. Whatever action is taken is done by the respective publishers . review or criticism what happens.

 Second. there is a simple way by which songs from different legitimate cassettes/CDs (and thus different rightholders) are copied and put in a single cassette/CD. there is counterfeiting. These are then packaged to look different from the original products and sold in the market.  First.  The third form of music piracy is bootlegging. composer or the recording company. where unauthorised recordings of performance by artists are made and subsequently reproduced and sold in the market. All these happen without the knowledge of the performers.SOUND RECORDING  The sound recording industry faces three types of piracy. These products are misleading in the sense that ordinary end users think that they are buying original products. when songs are copied in to and packaged to look as close to the original as possible using the same label. . logos etc.

Infact. more than 128 million pirated cassettes/CDs were sold as against the sale of 325 millions of legitimate audio products. Even if music piracy percentage has declined from a high of 95% in 1985 to about 30% in 1995.000 units per annum. with CDs piracy has got an international vigour. At present CD piracy is below 10% level. The sale of pirated cassettes/CDs (both in number & value) is also on the rise in the country.550. the price differential (between cassettes and CDs) is quite high and prohibitive for ordinary music lovers. This led to a wide gap in the demand supply front which was ultimately bridged by the pirates. However in contrast to many developed countries piracy of CDs is low in India. India is the world's sixth largest pirate market in value terms (table 2. Indian music is also pirated in some of these foreign countries. West Asia as well as far off countries like USA. Canada and the UK. In 1995. Govt.  Cassette piracy in India is as old as the cassette industry itself. As per IIPA's estimate the trade losses due piracy of American audio products alone in India was to the tune of US $ 10 million in 1995. CDs have not taken off mainly because of high prices. foreign audio products are also subject to piracy in Indian soil. Considering price of cassettes. policy put music industry in the small scale category and volume of a record company's cassette production was restricted to 300. In India CDs are sold on an average price ranging between Rs.  The popularity of Indian music has gone beyond the national boundaries. . Fortunately or unfortunately.150 to Rs.3). CD industry is still in it nascent stage in India. Similarly. Earlier the music piracy was confined to cassette tapes only.2) but third in volume terms (table 2. But in reality CD piracy is the greatest threat to today's music world. There is large demand for Indian music in the neighbouring countries such as Pakistan. With the advent of CDs in the eighties it was thought that piracy of sound recordings would become things of the past. At present CD market is just 2 to 3 percent of the overall music market in the country. the notable among these being Pakistan and the West Asia.

These cassettes are meant for `home viewing' only i. Such cassettes can not be used for showing the film in cables or through satellite channels. In fact. . and `satellite rights'. The first right in a film is the `theatrical right' i. Because showing films in cables or satellite channels require acquisition of separate sets of rights namely `cable rights'. The distributors buy theatrical rights from producers and then make some arrangements with the theatre owners for actual exhibition to the public.e.e. who makes video cassettes for sale in the market. one can buy a copy of it for seeing at home with family members and friends. the right to exhibit films in theatres. The producers sell the video rights to another party.CINEMATOGRAPHIC WORK  Copyright in cinematographic works is more complex in nature as there      exists a variety of copyrights in a single work and many a times these rights are also overlapping. The producer is the copyright holder. The theatrical rights are limited by territory and time. Films are also released in video cassettes. these days viewing film at home has become more popular than seeing the same at theatres.

are shown through cables without such authorization. lose heavily because of widespread video or cable piracy. especially the new releases. . producer. Many times producers of films sell video rights to another party (generally after six weeks or more of release in theatres ) who makes video cassettes for selling or lending.e. films . showing a film in a cable network requires acquisition of proper authorization from the right holder.  All parties involved in the legitimate transaction of films . Cable piracy is unauthorized transmission of films through cable network. which tantamount to piracy. But many a time.from the producers to the theatre owners. The Government also loses because pirates' activities do not bring in any revenue such as entertainment tax at theatres and excise duty and sales tax at the points of legitimate production/selling.  Video piracy takes place when a film is produced in the form of video cassette without taking proper authorization from the right holder i.

 Creation of computer programme is similar to writing a novel or other literary works and it requires intellectual skill and training in software programming. piracy in software is more than in others because it is relatively easy to copy a software in computers especially in PCs and for all practical purposes the pirated version looks and performs in an identical manner as the original. where medium to large sized teams spend months or even years to write a complete programme.  . .COMPUTER SOFTWARE  The piracy in computer software simply means copying and distribution of computer programmes without the copyright holders permission. The five principal types of software piracy involve (1) counterfeiters (2) resellers (3) mail order houses (4) bulletin boards and (5) end-user piracy.  Though a software can be written by individual programmer. most of the major software·s are the outcome of group efforts.

 In Hindustan Pencils Ltd v Alpna Cottage Industries the Copyright Board of Goa held that where the similarities between the artistic works of the parties are fundamental and substantial in material aspects. it would amount to copyright violation and the defendant·s copyright is liable to be expunged from the register of copyright." says a Delhi-based investigator specialising in copyright infringement cases.INFRINGEMENT CASES IN INDIA  Recently. Pluto or Litte Mermaid. . Minnie Mouse. "These towels come in from China and are sold for about Rs 25 whereas a genuine Walt Disney license holder like Bombay Dyeing would be retailing a similar towel for Rs 250 onwards. a wholesaler in Kolkata was arrested for 'importing' colorful towels with the bright and lively images of Donald Duck. Hemant Shah.

the plaintiff is the assignee and the legal owner of copyright in the carton including the logo. Because Frena supplied a product containing unauthorized copies of copyrighted work. he violated the display right. Moreover. because Frena publicly displayed Playboy·s copyrighted photographs to subscribers. The court relied upon the strict liability theory and held that neither intent nor knowledge is an essential element of infringement.  Microsoft is yet another company that is hiring private investigators to handle their widespread Windows pirated copies -.In this case. upload. The court held that Frena had violated Playboy·s exclusive distribution right and their exclusive display right. The first case in this category was Playboy Enterprises. it is invariably an under-the-table kind of settlement. he has violated the distribution right. and download material. Inc v Frena. .but again whenever a dealer is caught. the Delhi High Court held that where the carton was designed for valuable consideration by a person in the course of his employment for and on behalf of the plaintiff and the defendant had led no evidence in his favour. the defendant operated a subscription BBS that allowed the subscribers to view.  In Godrej Soaps (P) Ltd v Dora Cosmetics Co. though Frena himself never placed infringing material on the BBS and despite his arguments that he was unaware of the infringement. The court concluded that Frena was liable for direct infringement.

The trademark owner may begin a legal proceeding against a party. Trademark infringement mostly occurs when a person uses a trademark which may be either a symbol or a design. .TRADEMARK INFRINGEMENT Trademark Infringement is a violation of exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensee. which infringes its registration. with resembles to the products owned by the other party.

 An action for passing off' in the case of an unregistered trademark .CONTRAVENTION  An action for infringement' in case of a registered trademark.

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Trademark registration is prima facie proof of ownership of the mark. The jurisdiction and procedure. is dependent on the validity of the registration of the mark. in infringement suit. is governed by the Civil Procedure Code. The period of limitation for filing the suit for infringement is three years from the date of infringement. Infringement of a Trademark is a violation of property rights.INFRINGEMENT ACTION  An action for infringement. the plaintiff just have to prove that he is the true owner of the Trademark and the defendant is using a mark that is identical or deceptively similar to the registered mark and no further proof is required. The question of fraud or the probability of deception is immaterial. In case of infringement there is often no need to prove that your Trademark has a reputation or goodwill. . which is a statutory right.

PASSING OFF  An action of passing off is a direct subject matter of the law of tort or common law of right. In the case of unregistered yet well known marks. Passing off action can only be initiated in a place where the defendant resides or carries on business or where any part of the cause of action arose. . but it provides the rules of procedure and the remedies available. Passing off is not defined in The Trade and Merchandise Marks Act. The cause of action in favour of the plaintiff will arise if the defendant in the course of trade misrepresents to prospective or ultimate customers of goods and services and the goods or services of the defendant is connected to the goods or services of the plaintiff and is calculated to injure the business or goodwill of the plaintiff and which actually causes damages to the business or goodwill of the plaintiff. Actual deception and actual damage has to be proved for any relief. the owner of the mark can initiate a passing off action in the appropriate Court of law.

Fines and penalties. Damages or on account of profits. Order for delivery of the infringing labels and marks for destruction. Arrest of the infringers. Seizure and confiscation of the infringing goods by the police department. . The relief and remedy in infringement proceedings include:- Injunction. Restraining the future use of the mark.

Anand. The District Court. had filed trade mark infringement cases.CASE STUDY  Amul has won the trade mark case in Gujarat High Court and no one else can use it. correct. ruling that it was a clear case of infringement and restrained the two from using the Amul trademark. The Gujarat High Court ruled the decision in favoUr of Amul. against two local shop owners ² Amul Chasmaghar and its partners and Amul Cut Piece Stores in the District Court. Amul Chasmaghar had challenged this interim injunction in the Gujarat High Court. . terming the order passed by the trial court as true. The Kaira District Co-operative Milk Producers· Union Ltd. legal and in consonance with the facts of the case. Anand passed an order dated 25 April 2007. as well as in accordance with the provisions of the Trade Marks Act 1999.

[1] the plaintiff claimed that defendants are selling products under the trademark FEXIM that is deceptively similar to the plaintiff·s mark PHEXIN. The defendants are selling anti-biotic tablets with the trademark `FEXIM' with the packing material deceptively similarly to that of the plaintiff. any label/packaging material deceptively similar and containing the same pattern as that of the plaintiff. No one can use the trademark which is deceptively similar to the trademark of other company. Ltd. which is used for pharmaceutical preparations. . Unitech Pharmaceuticals Pvt. whereby intending to not only to infringe the trademark but also to pass off the goods as that of the plaintiff as the two marks are also phonetically similar. The Court restrained the defendant from using the trademark `FEXIM' or any trademark deceptively similar to the trademark of the plaintiff `PHEXIN'. As in the case of Glaxo Smith Kline Pharmaceuticals Ltd. v.

Defendant Company was using the trade name HONDA for ¶Pressure Cookers· which they are manufacturing in India and even when their application for registration of this trademark had been rejected by the registrar they continued using it and again applied for registration and hence plaintiff has brought this to notice. . v. Ltd.‡ Motors Co. Mr. Charanjit Singh.

patents should be available in WTO member states for any inventions.  The procedure for granting patents. Different types of patents may have varying patent terms .  Under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights. and the term of protection available should be a minimum of twenty years.. the requirements placed on the patentee. and the extent of the exclusive rights vary widely between countries according to national laws and international agreements.PATENTS  A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention. in all fields of technology.

but it typically includes using or selling the patented invention. The definition of patent infringement may vary by jurisdiction. or sells the patented invention is a direct infringer. or contributory. uses. If a person actively encourages another to make. Permission may typically be granted in the form of a license.PATENT INFRINGEMENT  Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. the person so inducing is liable for indirect infringement . Infringement can be direct. or sell the invention. indirect. use. Anyone who makes.

Nokia said seven patents in the new complaint related to its "pioneering innovations" that are now being used by Apple to create key features in its products. The move comes from the Finnish mobile phone maker days after the US International Trade Commission made the initial determination that Apple did not violate some other patents held by Nokia. positioning. tablets and computers. portable music players. Apple is using these technologies in areas of multitasking operating systems. it added. call quality and use of Bluetooth accessories. data synchronization.CASE STUDY  Nokia Vs Apple: Nokia has slapped another complaint against rival Apple alleging patent infringements in mobile phones. . In a statement.

 Microsoft Vs Motorola: Microsoft has joined the technology litigation bandwagon and launched a lawsuit to prevent the sale of Motorola mobile phones in the U. Motorola is a US company but its phones are produced overseas. This is neither the first time Microsoft is suing Motorola and nor the first time it involved Android related issues. Microsoft's claim of patent violation is based on ways to synchronize calendars and contacts. The company thinks its latest lawsuit would cause a ban on many Motorola phones in the US by the International Trade Commission. The handsets that are covered in the litigation include the Droid 2. Motorola and Google are soon to be merged together as Google took over Motorola Mobility for $ 12.S. Microsoft can then take its case in other markets. reporting battery life and signal strength. scheduling meetings. Droid X. Devour.5 billion recently. and Charm. Backflip. as Microsoft claim that the latter violate seven of its patents. . Cliq XT. What are the Technology bell weathers in Seattle up to this time.

¶Angry Birds· definitely started as a mobile game. credits and responsibility gets mixed up quite a lot.S.  Effect of the Patent Infringement Case on ¶Angry Birds·  Lodsys has filed a patent violations case against Rovio and the Finnish company currently marketing ¶Angry Birds·. The next course of action was an animation movie based on the game and an IPO. Browsers and consoles based on the game have already been launched. Rovio. technology where creativity has an equal contribution. Rovio had already started putting plans in to action to get the game in to a wider market. was sued by Lodsys for patent violations. patents claims. A recent example could be seen when the popular mobile game ² Angry Birds creator. naturally generated quite a value with these new levels. This system allows for a protection against U. This will affect mostly all areas of Rovio·s plans of extending the ¶Angry Birds· project. with the monstrous response that it generated over the time. The case is based on the structure of the U. so much so that people generally download it more than a million times per day. however. It is quite possibly the most popular mobile game that is downloaded by gaming enthusiasts. The claim on which the legal action was based was that Rovio·s Finnish company had violated important patent rules regarding the purchase in to the higher levels of the game. The Angry birds case: With the development of technology. . Also.S. it will have a broader but definite effect on all the existing European game and software developers with their projects launched in US. it is also quite true that instability has also risen in the market. game developers and puts a preventive strain on their European counterparts that want to launch their software in the U. What is ¶Angry Birds·?  The game is a very common name in the mobile gaming market.S. The game being quite popular. Especially.

inclusive of Xbox 360 and Electronic Arts too. claiming that the company·s patent claims also protect its programmers and developers. makes a similar claim that their patents provide protection to their developers.The Lodsys History  This is not the first patent infringement case that Lodsys has filed. the company has quite a history with such claims and related cases. With the game and software field fraught with patent violation cases. Lodsys continues to differ on this count. Lodsys is absolutely not the only player in this field. The most talked about of these cases is the violations case that the company had launched against seven iOS developers that has now even included Apple in to the confusion. In fact. Microsoft·s Kinect patent violations case. the Android and Smartphones market will not be lagging far behind to get caught in such mess. However. In fact. The Future  These patent suits will continue to exist since they in themselves have become a power play of huge amounts of money. Apple too. . Further examples include the Impulse Technology vs. The company concerned came forward last month in defence of its developers.