1. Copy & related rights
Compiled by A Srinivasa Rao

2. OVERVIEW
INTELLECTUAL PROPERTY (IP or IPR)
INDUSTRIAL PROPERTY COPYRIGHTS &
TRADEMARKS RELATED ISSUES
PATENTS
INDUSTRIAL DESIGNS
TRADE SECRETS
LAYOUT DESIGNS OF IC’s
GEOGRAPHICAL INDICATIONS
UNFAIR COMPETITION

3. IMPORTANCE OF IPR
PROTECTION IN THIS SECTOR
• Legal recognition for the designer’s
creativity
• Protection of intangible assets
• Long-term profits (Valuation, license fees,
royalties etc.)

4. “DESIGNS”
Purely Designs with
Functional /
artistic works eye-appeal & capable of
utilitarian Industrial application
Patents Copyright Designs
Act, 1970 Act, 1957 Act, 2000

5. ©COPYRIGHT
“The exclusive right given by law
for a certain term of years to an author,
composer etc. to print, publish and sell
copies of his original work”
Oxford English Dictionary

6. OBJECT OF COPYRIGHT
• To encourage authors, composers and
artists to create original works
• By rewarding them with monopoly rights
over their work for a limited period of time

7. GENERAL PRINCIPLES
• Ideas v/s Expression
• Originality, hard work and labour
• Independent Development not covered:
“Copying essential”
• Fixation
• Presumptions
– Access;
– No explanation;
– Substantial reproduction;

8. BUNDLE OF
VARIOUS WORKS
Literary Dramatic
Films
Musical Sound
Artistic Recording

9. “ARTISTIC WORKS”
• A painting, sculpture,
drawing, engraving,
….whether or not
possessing artistic
quality
• Any other work of
“artistic
craftsmanship”

10. OWNERSHIP
• Ordinarily the Artist/author;
• Employer;
• Written Agreement;
• Commissioned Work

11. PROTECTION AND TERM
• Life + 60 years;
• Worldwide - BERNE Convention;
• Registration not compulsory though
advisable;

12. A BUNDLE OF RIGHTS
Economic Rights Moral rights
–Reproduce or make –Right of
copies acknowledge
–Artistic Works-3D to ment
2D and vice-versa
–Right to
–Issue copies- sell, object against
distribute, etc .
mutilation
–Communication to /distortion of
public
work
–Adapt
–Assign/License

13. What constitutes Infringement?
• Any reproduction reproduction
reproduction, use , distribution,
performance, etc. of the work without
the permission of the copyright owner.
• An identical or substantial similar
reproduction is also covered
• Infringement – Damages - Injunction

14. FAIR USE
• Fair dealing for private use or criticism &
review;
• Reporting current events;
• Judicial Proceedings;
• Education;
• Inclusion in Film