No simple indicator, registration not being necessary.
We are all creating copyrighted works all the time.
Judicial trend to protect rights/ award damages:
Times Inc. vs. Lokesh Shrivastava (2005): Rs 5 lakhs awarded for imitation of Time Magazine trade mark.
Many more cases.
Amarnath Sehgal vs. UOI: Rs. 5 lakhs awarded or infringement of moral rights.
Microsoft vs. Yogesh Papat & other cases: Substantial awards for software infringement.
Scotch Whisky Association vs. Golden Bottling: Rs 8 lakhs awarded protecting Geographical Indication.
Anil Gupta vs. Kunal Dasgupta: TV formats.
Burlington Home Shopping: Databases.
Howkins, The Creative Economy The “ordinary” and the “creative” economies Increasing returns based on infinite creative possibilities. Diminishing returns, based on scarcity of physical objects. Do not compete primarily on price. Compete primarily on price. Assert Intellectual Property Rights. Assert permanent property rights. Use resources which are infinite. Operate with scarce material resources. Creative Economy Entrepreneurs Ordinary Economy Entrepreneurs
Where the future lies: Entertainment + Software. % increase in the UK in the 1990s in the number of persons working as Source: John Howkins: The Creative Economy 400% In Digital Media 30% Writers 40% Actors/Performers 55% Musicians 60% Artists
Howkins’ 15 creative industries: Copyright Film + Home Video Copyright; Design; Trademarks Fashion Design; Copyright Design Copyright; Design; Trademarks; GI Crafts Copyright; Droit de Suite ; Design Art Copyright Architecture Copyright, Trademarks Advertising IP Right Industry
15 creative industries (cont’d): Copyright; Patent; Designs. Video Games Copyright. TV & Radio Copyright; Design; Patents; Trademarks. Toys & Games Copyright; Patents. Software Patent; Plant Protection; Copyright. R&D Copyright. Publishing (print) Copyright. Music IP Right Industry