Understanding IPR and Copyright Law are important for the general public. Librarians are the stakeholders in making the general public aware of these rights to its users.

1. Understanding IPR and Copyright Law
Dr. Utpal Das, MSc., MLISc, M.Phil. Ph.D.
University Librarian I/C &
Chairperson, Centre for Library &
Information Science Studies
Phone: 0373 2370230; 8486140679 (m)
e-mail: utpaldas@dibru.ac.in;
library@dibru.ac.in
www.dibru.ac.in/library
6/26/2020 1

2. What is it?
-engaging
-transforming
-merchandizing

3. How it grows?
- creative and innovative energies in the society
- enabling access to knowledge & Information
- developing innovative society, knowledge society
- knowledge is the main driver of development

4. How is it relate with IPR?
- knowledge owned is transformed into
knowledge shared
- creation and innovations & knowledge are to
be protected
- IPR stimulates creativity and innovation

5. What is Intellectual Property?
Intellectual Property is, in simpler terms, creation of
intellect or wisdom or of the human mind. These are a
product of human skill and labour. It is related to
intellectual innovation in the literary, scientific and
artistic fields and regarded as intangible.

6. Kinds of properties
Public Property Private Property
Incorporeal Property
Or
Intangible Property
Corporeal Property
or
Tangible Property
Real Property or
Immovable Property
Personal Property or
Movable Property
copyright, trademarks, or patents
or
All Intellectual Properties

7. What are intellectual property rights?
Intellectual property rights are the rights given to
persons over the creations of their minds. They
usually give the creator an exclusive right over the
use of his/her creation for a certain period of time
aiming at protecting the persons who create and
own the intellectual goods and services.

8. The intellectual property rights do not apply to
the physical object in which the creation may be
embodied but instead to the intellectual creation
as such.

9. Arguments
Whether IPRs are at all necessary?
property of the natural world /discovery Invention
Open Access Initiatives Promotion of Subscription

10. Need of IPRs
-IPR promotes a holistic ecosystem of intellectual
property for economic growth and socio-cultural
development of a nation
-It protects public and nation’s interest
-economic rights of creators or owners

11. Need of IPRs
-foster creativity and innovation and thereby, promote
entrepreneurship
-fair trade practices
-to recognize and reward creative works
-personal status, upliftment & happiness
- foster human capital development

12. Kinds of Intellectual Property
Intellectual Property may be classified into various
categories, but a few of the most widely utilized and owned
intellectual properties are:
Copyright
Trademark
Geographical Indication (gi)
Patent
Industrial Design
Trade Secret
Commercial Goodwill

13. Statutes governing different kinds of IPRs in India
• Patents Act, 1970
• Trade Marks Act, 1999;
• Designs Act, 2000;
• Geographical Indications of Goods (Registration and
Protection) Act, 1999;
• Copyright Act, 1957 (as amended in 2012)
• Protection of Plant Varieties and Farmers’ Rights Act, 2001;
• Semiconductor Integrated Circuits Layout-Design Act, 2000;
• Biological Diversity Act, 2002
• National Intellectual Property Rights (IPR) Policy 2016

14. Classification of IPRs
Intellectual property rights are customarily
divided into two main areas:
(i) Copyright and rights related to copyright
(ii) Rights related to Industrial property

15. (i) Copyright and rights related to copyright
The Copyright Act of India was enacted in 1957 and
amended in 2012. With certain modifications, the
Copyright Rules, 2013 came into force from 14 March
2013 providing procedures to be adopted for the
execution of various provisions of the Copyright Act.

16. a) Copyright is the rights of authors of literary and artistic
works that protects their works for a minimum period
of 60 years after the death of the author (i.e. lifetime
of an author + 60 years)
Works covered under Copyright are:
-books and other writings,
-musical compositions, films,
-paintings, pictorial or graphic works,
-sculpture, architectural works,
- artistic craftsmanship,
- industrial drawing,
- computer programs, lectures

17. The categories mentioned in any copyright acts are
‘illustrative’ not ‘exclusive’ i.e.
i. The category of ‘literally works can range from novels
to computer programme’
ii. The category of ‘pictorial or graphic works can include
maps, charts, and other visual imagery’
Because of the vastness o the Copyright Acts of any
country, it is imperative to ask ‘what is not copyrightable’
rather than asking ‘what is copyrightable’

18. Characteristics of protectable works under
Copyright:
Originality
Creativity & Novelty
Fixed in a tangible medium
Expansibility of the form of work

19. Originality
» New works came from one’s own inspiration
» Free from copy or duplication
Cases:
i. Whether public facts are copyrightable?
ii. Whether websites are copyrightable?

20. Creativity & Novelty
» Work with some minimum amount of creativity to make
it novel
» How much originality is required to make a work
creative or novel? The US Supreme Court have held that
any ‘trivial’ spark of creativity may constitute sufficient
originality.
Cases:
i. Whether telephone directories are copyrightable?
ii. Whether photographic copies of art is copyrightable?

21. Fixed in a tangible medium
» To be eligible for copyright protection, the original work
must be ‘fixed’ in some physical form enabling it to
identify at least for a brief duration.
Cases:
i. Whether ‘fixed’ forms should be readable by human
eye even if it is perceived by a device?

22. Expansibility of the form of work
» The requirement of ‘tangible medium’ for making a work
copyrightable has expanded the medium from
traditional writings and pictures into the realms of
videos, sound recordings, computer disks and Internet
communications or any format now known or to be
developed later on.
Cases:
i. Whether materials stored only in the Random-Access
Memory (RAM) of a computer are ‘fixed’ to be eligible
for protection?

23. b) “Neighbouring” Copyright:
The “Neighbouring” Copyright are generally referred to
the ‘copyright and other related rights’ which are
granted to related literary and artistic works subsidiary
in nature.
Works covered under “Neighbouring” Copyright are:
-rights of performers (e.g. actors, singers and
musicians)
-producers of phonograms (sound recordings)
-broadcasting organizations

24. Are all published works copyrighted?
Under the Copyright Act, 1957 (as amended in 2012),
“Copyright” subsists in all works that are not in the
public domain subject to certain exceptions as defined
in copyright law (Section 13 of “The Act”) that helps
identify which ‘expressions’ are copyrightable and which
are not copyrightable

25. Published works without copyright protection
• Ideas are not protected by copyright,
• Common facts (such as, there are 29 states & 7 union
territories in India, etc) are not protected by copyright,
• Facts that are result of original research of an individual
are also not protected by copyright,
• Compilations of readily available information, such as the
phone book, yearbook, atlas, etc., not copyrightable,
• Works published by the government,
• Once copyright has expired are not copyrightable,
• Works in the “public domain” are free from copyright.

26. Cases:
i. Whether discoveries are copyrightable?
ii. Whether published compilation are copyrightable?
iii. Whether published bibliographies are copyrightable?

27. Works outside the purview of Copyright
• Works that are not ‘fixed’ in a tangible form,
• Titles, names, phrases, familiar symbols or designs
mathematical & statistical equations, name of places, etc.
(some may come under Trademark law)
• Typographic variations, ornamentation, lettering or
colouring, mere listing of ingredients, as in recipes, or
contents.
• Ideas, procedures, methods, systems, processes,
concepts, principles, discoveries, or devices (some may
come under patent or trade secret law)
• Works consisting of information that is common property
and containing no original authorship. (e.g. calendars,
height & weight charts, tape measures & rulers, list or
tables of public documents, etc.

28. Cases:
i. Whether choreographic works, improvisational
speeches or performances that have not been
recorded or written are copyrightable?

29. Registration of copyright and © mark
Registration of copyright is not mandatory. Copyright
subsists with the author as soon as the work is created.
The © mark with the name of the author and the date
may be inserted in the form of a copyright notice in the
work though it is not mandatory as well.
Till 1989, the © symbol was used as trademark to
indicate that the materials are protected by copyright.
But as per international law that established in 1989
(Berne Convention), works are now copyright protected
with or without the inclusion of this symbol.

30. Duration of Copyrighted works
• As per Indian Copyright Act, 1957 (as amended in 2012)
the new works are protected for the life of the author
plus sixty years (70 years as per US copyright law)
• Works published before 1978 were required to have a
copyright notice to gain copyright.
• Works published between 1923 and 1978 could have
protection up to 95 years (Initial copyright 75 yrs +
renewal term of 20 yrs= 95 yrs)
• A “work made for hire” has protection of either 120 yrs
from creation of the work, or 95 yrs from its publication

31. Formalities requires to make works copyrightable
• As per current international law, no formalities of notices
or registration is required for copyright protection
• Works published before 1978 were required to have a
copyright notice in order to gain protection
• As per current law, copyrights are bestowed for full term
automatically without registration, copyright notice and
renewal

32. Owners of Copyright
• The creator of a new work is the copyright owner
• Two or more authors working together may be joint
copyright owners
• For a ‘work made for hire’, the employer is the copyright
owner
• Copyrights may be transferred by means of a legal
agreement
• Institutional policies conforming legal requirements may
applicable in sharing rights of a new work

33. Rights of Copyright Owners
Copyright owners have exclusive rights to :
»Reproduce the work
»Distribute the work
»Prepare derivative works
»Publicly display the work
»Publicly perform the work
»Application of moral rights

34. Reproduction rights of the work
» when we photocopy
» when we quote a sentence
» when we take verbatim notes
» when we make a transparency of a cartoon to show in
the class
» when we make a videotape that captures images of
paintings on the wall
» when we digitize images for our website or multimedia
works
» when we print a page or download an MP3 from the
Internet

35. Distribution rights of the work
» when we hand out photocopies in class
» make documents available on our website
» send e-mail attachments
» when we allow people to borrow books from our
personal library or library collections
» when a bookstore sells copyrighted works to its
customer
Here, right extends only to distributions made “to the public”.
Privately lending a book to a friend is not “to the public”. But a
library collection open for general use, or a bookstore selling
books is certainly distribution to public

36. Rights on derivative works
A “derivative work” is a work based upon one or more
preexisting works
» motion picture made from a novel
» making a toy based on a movie character
» digitized version of an analog recording, image or text
» a teacher’s manual and other works to support a text book
» artwork from or inspired by an existing picture or image
» production of a play from an existing story
» an index to a book
» a sound recording of a musical composition
» an abridgement of a novel; abstract of an article
» a translation

37. Public performance and Display
Performance and display are common occurrence in higher
education
A work can be performed:
• When text is read aloud in public
• When a play is recited or acted publicly
• When a videotape or film is shown on a screen or
monitor publicly
• When a song is played or sung aloud publicly
A display can be the showing of a page of text or a picture
in public i.e. substantial numbers of persons beyond the
usual circle of friends, family and social acquaintances.

38. Performance Rights on Digital Audio Transmission
‘Musical works’ or ‘performance of music’ are distinctly
different from rights of public performance.
Broadcasting/Performance through Radio:
• Rights of Producer/Owner/sound recording
• Rights of Composer/Music director
Distribution/performance through Internet/Digital Medium:
» Rights of Producer/Owner/sound recording
» Rights of Composer/Music director/Performer

39. Moral Rights
Moral rights apply only to a narrow class of works and only
in respect to original works of art, sculpture and other
visual arts that are produced in 200 copies and fewer.
Moral rights include:
• right to have artist’s name kept on the work
• right to have the artist’s name removed from the work
if the work has been altered in a way objectionable to
the artist
• right of limited abilities to the artist to prevent their
works from being intentionally defaced, damaged or
destroyed

40. Digital Millennium Copyright Act (DMCA) 1998 of US
• Rights of prohibition against circumvention of
technological protection system of a digital work
• DMCA seek prohibition of ongoing access to materials
which are accessible from electronic sources that are
subject to controls and terms of license agreement

41. Exceptions to the rights of Owners
• Fair use
• Exceptions to education and librarianships

42. Four Factors of Fair Use
»Purpose
»Nature
»Amount
»Effect

43. Benefits of Fair Use
» Fair use is vital to the growth of knowledge
» Fair use is based on the balancing of the four factors
» Fair use can apply to a full range of materials
» Fair use has no definite boundaries

44. Exceptions to education and librarianships
»Allow libraries to make copies of materials
for preservation, private study, interlibrary
loan but not applicable to all types of work
»Copy and physical distribution of hardcopy
for coursework, classroom teaching and
similar activities to the students
»Display of images, pictures artworks for
education, teaching & learning

45. Copyrights for the unpublished works
»Unpublished works include manuscripts,
computer programmes, wide variety of
materials of importance to education and
librarianship
»Unpublished works are subject to copyright
protection
»Duration of protection for unpublished works
are same as in the case of other copyrighted
materials
»Fare use can be applied to it but narrowly as
compared with the published works

46. Responsibilities and Liabilities
»An infringer of copyright can face extensive
liabilities
»Educators and librarians who exercise fair
use in “good faith” may avoid liability risk
»State universities and other state agencies
may be protected under “sovereign
immunity”.
»The law calls on each of us to act in an
informed and good-faith manner
»There must be “reasonable ground” to apply
fair use component of copyright.

47. (ii) Rights related to Industrial property:
Industrial property can usefully be divided into two main
areas:
a) One area can be characterized as the protection
of distinctive signs, in particular trademarks and
geographical indicators
b) Other types of industrial property are protected primarily
to stimulate innovation, design and the creation of
technology. In this category fall inventions (protected by
patents), industrial designs , trade secrets and Commercial
goodwill

48. Trademark
Trademark is a widely popular form of intellectual
Property. Trademark is a sign used to distinguish goods
and services of one enterprise from another. A trademark
generally would be the logos or slogans used by brands.
to make their products uniquely identifiable.

50. Trademark
Utility of Trademark:
-to recognize the brand instantly
-to protect the unique identity of the brands
-prevents misleading between the brands of similar
products
-protection of such distinctive signs aims to stimulate
and ensure fair competition
-enables consumers to make informed choices
between various goods and services
-protection may last indefinitely, provided the sign in
question continues to be distinctive.

52. Geographical Indications (GI)
It is an indication used on products having a specific
geographical origin and possess qualities that exist due
to their basic origin.
India enacted the Geographical Indication of Goods Act
in 1999

53. Geographical Indications (GI)
Utility of GI
-identifies a product as originating in a given country or state
-characteristics or reputation is due to the place of origin
-brands the product as cultural entity of the country
-to protect the unique identity, techniques & craftsmanship of
the product
-enables consumers to make informed choices between original
and non-original product and thus stimulate and ensure fair
competition in the market
-legal tools for protecting and promoting traditional knowledge
-Geographical indications are necessary for livelihoods and
opportunities
-protection may last indefinitely

55. The Darjeeling Tea Industry was established under the Tea Act, 1953. The Industry
created a logo and registered it as a trademark under the Indian Trade and
Merchandise Marks Act, 1958 in 1986. It applied for the GI registration of Darjeeling
tea in 2003 & registered under the GI Act, 1999, in 2004 in India. The Tea Board went
on to hire the services of a World Wide Watch agency, Compumark, to monitor the
use of the logo and name of Darjeeling tea. Compumark identified some of the cases
of misuse of the logo by some companies in France using the name `Darjeeling’ to
sell perfumes, clothing and telecommunications equipment; Israel was found to be
using the logo to sell agricultural and horticultural products; and one company in
Japan was using the name `Divine Darjeeling’ to sell tea, coffee and cocoa. The Tea
Board raised objections in 15 cases of infringement and misuse of the name
`Darjeeling’ in countries such as Russia, Japan, USA, France, Germany, Israel, Norway
and Sri Lanka, and succeeded in settling some disputes through negotiations and
others through legal actions.

56. Patent
A patent is a kind of Property that has intellectual worth
attached to it. It is an exclusive right granted
i. for an invention which is a product
obtained as a result of a person’s
intellectual ability, or
ii. offers a new technological solution to
a problem.
In order to obtain a patent, it is necessary that the
technological information must be disclosed to the
public in a patent application. A patent so obtained
remains in force for twenty years.

57. Industrial Design
Industrial design is related to the products which are a
part of the industrial set up. It refers to the shape,
configuration, colour or pattern which may be an
ornamental or aesthetic aspect of a product. The owners
of a registered industrial design have a right to prevent
third parties from making, selling, importing articles
bearing a design which is a copy. Thereby any person
using someone else’s industrial design may be liable to
pay damages to the owner of the industrial design.

58. Trade Secret
Trade secret in simpler terms implies the strategy
adopted by the owner of the business. It may be any
confidential business information which provides an
organization with a complete edge in the world market
of the respective product it deals with.
A trade secret is an initial step for an investor. It is
essential that the idea or formula behind the unique
trade opportunity remains secretive. Any person or
organization indulging in unauthorized use of trade
secrets is regarded to be guilty of unfair trade practice.
For example, the recipe of any popular noodles brand
may be considered as a trade secret of that brand.

59. Commercial Goodwill
Commercial goodwill is a prominent form of incorporeal
right. The goodwill of a commercial business is a
valuable right acquired by the owner by his labour and
skill. The owner has the exclusive right of use and profit
from the business and anyone who seeks to make use of
it by falsely representing to the public that he is himself
carrying on the business in question shall be violating
this right.

60. An overview of Intellectual Property
It can be concluded that:
i. the concept of intellectual property is one
that covers within its ambit varied kinds of
intangible property rights.
ii. every product which is a part of the world
market encompasses one or more of the kinds of
intellectual property rights discussed above.

61. The concept can be further understood by considering
the illustration of a soft drink brand. The name of the
brand would be its unique trademark. The formula of
the soft drink would be considered as a trade secret,
while copyright would comprise of the way the soft
drink is packed. The shape of the bottle or tetra pack
of the bottle may either be a design patent or a
trademark.

62. National IPR Policy 2016

63. The National Slogan of the NIPR:
“Creative India; Innovative India”

64. Highlights of the National IPR Policy 2016
The Policy which is in compliance with WTO's (World
Trade Organisation) agreement on TRIPS (Trade Related
aspects of IPRs),
The Policy aims to push IPRs as a marketable financial
asset, promote innovation and entrepreneurship, while
protecting public interest
Special thrust on awareness generation and effective
enforcement of IPRs, besides encouragement of IP
commercialisation through various incentives.

65. Thanks