COPYRIGHT & PATENT

Presentation By # 5
Deepti Sharma Harshita Sinha Himanshu Yadav Saurabh Srivastav Shreya Sumit Agarwal

INTRODUCTION TO INTELLECTUAL PROPERTY

Intellectual

of mind .

Property refers to creation

INTELLECTUAL PROPERTY Patents Copyright

WHAT IS COPYRIGHT ?

Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time
.

It also gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, which may perform the work, who may financially benefit from it, and other, related rights.

What is protected?
Literary works (e.g., all text, including computer software); Musical works; Dramatic works; Pantomimes and choreographic works; Pictorial, graphic, and sculptural works; Motion pictures and other audiovisual works; Sound recordings; Architectural works.

EXCLUSIVE RIGHTS
To produce copies or reproductions of the work and to sell those copies (including, typically, electronic copies) To import or export the work To create derivative works (works that adapt the original work) To perform or display the work publicly To sell or assign these rights to others To transmit or display by radio or video.

Transfer and licensing

A copyright, or aspects of it, may be assigned or transferred from one party to another. For example, a musician who records an album will often sign an agreement with a record company in which the musician agrees to transfer all copyright in the recordings in exchange for royalties and other considerations

What is infringement ?
Use of whole or part of an image without permission; Use beyond the scope of a license; Adapting an image without permission (art rendering, collage); Asking another photographer to recreate the image.

A Case of COPYRIGHT INFRINGEMENT

New Delhi, July 19,2007

Even as the Harry Potter is known by all, there are few who know that its author J K Rowling has been fighting a copyright violation case for the last three years in India. The petition filed by Rowling in November 2004 between her and auction site eBay, which had posted pirated versions of her books allegedly put on sale. The petition, jointly instituted with Warner Brothers, details the success of Pottermania with 260 million copies sold worldwide in more than 200 countries and translated into over 61 languages. In a work of this fame, violations of trademark and copyright is bound to happen. Original literary works of Rowling have been unauthorizedly translated into Marathi, Bengali and Telugu, Justice A K Sikri of the Delhi High Court had observed on May 31, 2007.

Decision

The judge went on to say how the plaintiffs narrated that violation of their intellectual property rights were taking place and they had to take remedies as prescribed in law in various countries, including India. The Delhi High Court had immediately granted an interim injunction of such display on eBay.. The court had again in January 2007 passed interim injunction orders against the unauthorized display or sale of Potter series, besides specifically demanding written undertakings from eBay to that extent.

INDIAN COPYRIGHT ACT, 1957

Registration of Copyright Register of Copyrights. -There shall be kept at the Copyright Office a register in the prescribed form to be called the Register of Copyrights in which may be entered the names or titles of works and the names and addresses of authors, publishers and owners of copyright and such other particulars as may be prescribed. Entries in register of Copyrights. -(1) The author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights : [Provided that in respect of an artistic work which is used or is capable of being used in relation to any goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in section 4 of the Trade and Merchandise Marks Act, 1958, to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.]

INDIAN COPYRIGHT ACT, 1957

On receipt of an application in respect of any work under subsection the Registrar of Copyrights may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of Copyrights. Register of Copyrights to be prima facie evidence of particulars entered therein. The Register of Copyrights shall be prima facie evidence of the particulars entered therein and documents purporting to be copies of any entries therein, or extracts therefrom certified by the Registrar of Copyrights and sealed with the seal of the Copyright Office shall be admissible in evidence in all courts without further proof or production of the original.

PATENT

The exclusive rights, granted by the government, to make use of an invention or process for a specific period of time, usually 14 years. A grant made by a government that confers upon the creator of an invention the sole right to make, use, and sell that invention for a set period of time

Patent Includes : (Medicines or drugs).

All medicines for external or internal use of human beings or animals. All substances used in diagnosis, treatment or prevention of diseases in human beings or animals. All substances to be used for maintenance of public health or prevention or control of any epidemic among human beings or animals. Insecticides, Germicides used for protection prevention of plant. All chemical substances used for preparation or manufacture of the above.

WHAT IS PATENTABLE INVENTION

Novelty Inventive

Step Industrially applicable

WHAT IS NOT PATENTABLE

An invention which claims anything contrary to well established natural laws. An invention to use of which is contrary to law or morality or injurious to public health. The mere discovery of a scientific principle. Arrangement & rearrangement of known devices. Method of testing during the process of manufacture. Method of agriculture.

WHERE TO APPLY
Place

of residence, domicile or business of the applicant. Place from where invention actually originated. Address for service in India given by the applicant when he has no place of business.

Various Patent Office in India

Patent Office
Mumbai

Territorial Jurisdiction
States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chattisgarh etc. State of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan etc.

Delhi

Chennai
Kolkata ( Head Office)

States of Andhra Pradesh, Kerala, Karnataka, Tamil Nadu etc.

Rest of India.

HOW TO APPLY

To file an application for Patent accompanied with either a provisional specification or a complete specification. Examination of application by Patent Office. Acceptance of application & Publication in the Gazette of acceptance applications. Responding & Satisfactorily overcoming the opposition/objections, if any, to the grant of Patent. Sealing Of Patent.

Patents Act, 1970

The Patent law of India has the following salient features that decide whether a patent will be granted or not: (a) The Object: The object of patent law is to encourage scientific research, new technology and industrial progress. The price of the grant of the monopoly is the disclosure of the invention at the Patent Office, which, after the expiry of the fixed period of the monopoly, passes into the public domain. (b) Inventive step: The fundamental principle of Patent law is that a patent is granted only for an invention which must have novelty and utility. It is essential for the validity of a patent that it must be the inventor's own discovery as opposed to mere verification of what was, already known before the date of the patent.

(c) Useful: The previous Act, i.e. Act of 1911, does not specify the requirement of being, useful, in the definition of invention, but courts have always taken the view that a patentable invention, apart from being a new manufacture, must also be useful. (d) Improvement: In order to be patentable, an improvement on something known before or a combination of different matters already known, should be something more than a mere workshop improvement, and must independently satisfy the test of invention or an inventive step. It must produce a new result, or a new article or a better or cheaper article than before. The new subject matter must involve "invention" over what is old. Mere collocation of more than one, integers or things, not involving the exercise of any inventive faculty does not qualify for the grant of a patent.

(e) The guiding tests: To decide whether an alleged invention involves novelty and an inventive step, certain broad criteria can be indicated. Firstly if the "manner of manufacture" patented, was publicly known, used or practised in the country before or at the date of the patent, it will negative novelty or 'subject matter'. Prior public knowledge of the alleged invention can be by word of mouth or by publication through books or other media. Secondly, the alleged discovery must not be the obvious or natural suggestion of what was previously known.

Thank You