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Towards Achieving Global Standards

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  • 1. Indian IP System Towards Achieving Global Standards (Focus on Copyright) Jagdish Sagar FICCI, 26 April 2008
  • 2. What do we mean by “Global Standards”? The fourth question is the important one.
    • What is the level of treaty participation and compliance?
    • Are the owners of rights able to enforce them effectively?
    • Do we respond to changes in the technical/economic environment?
    • Do we see IP as an opportunity?
  • 3. International treaties: TRIPS compliance is not all.
    • WCT & WPPT – Require updating of Copyright law for the Internet age:
    • Madrid Agreement/ Protocol.
    • History: Delay in joining major treaties:
      • We have been slow to join international treaties even where there was no possible adverse national interest: e.g. Rome Convention 1961.
  • 4. More activity, improving systems.
    • Exponential growth in patents:
      • Applications: 4824 in FY 00; 28,882 in 07;
      • Patents granted: 1881 in FY 00; 7359 in 07.
    • Trade Marks:
      • Registrations 8,010 in FY 00; 109,301 in 07.
    • Copyright:
      • No simple indicator, registration not being necessary.
      • We are all creating copyrighted works all the time.
  • 5. 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.
  • 6. 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
  • 7. 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
  • 8. 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
  • 9. 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
  • 10. The Potential Importance of Copyright
    • You didn’t need to know this: copyright doesn’t extend to private performance.
    • Still earns $ 2 million a year for a subsidiary of Time Warner
    • The most-performed song of the 20 th Century (ASCAP)
    “ Happy Birthday to You” Written by Mildred J. Hills and Patty Hill in 1883
  • 11. The flexibility of copyright: market recognition may precede legal recognition.
    • More channels, dearth of programmes:
      • Market for TV programme formats;
      • Features of a dramatic work;
      • Won acceptability as a commercial product, licences bought: Big Brother.
    • The line between idea & expression is (implicitly) product-specific:
      • The “Swayamvar” case ( Anil Gupta vs. Kunal Dasgupta )
  • 12. Consumer-friendly copyright exploitation: New business models (can) develop for new situations:
    • The 99 cent solution.
    • Apple’s latest – free distribution of DRM-free copies, revenue from other sources, rights holders paid.
    • Free sample chapters/extracts/ abstracts.
    • Is our thinking about copyright exploitation “world class”?
      • Potential of Collective Administration;
      • Potential of the “Long Tail”.
  • 13. The “Internet Treaties” under WIPO auspices, 1996:
    • WCT requires
      • Extending copyright protection to Internet “making available”:
        • Already covered by 1994 amendments.
      • Digital Rights Management protection.
      • Remedies against circumvention devices.
    • WPPT
      • Requires no change in our law regarding phonogram producers;
      • Will require giving a parallel right to audio performers, including moral rights.
  • 14. Thank you for your attention

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