2. Why IPR?
• Safeguards the rights of authors over their original creation such as inventions, literary
and artistic works, designs and symbols, names and images
• Discourages the unlawful production of a creators’ original creation by any other person
• Give the creator an exclusive right over the use of his/her creation in order to reap
commercial benefits / financial gain from this use
• Examples - Copyright, Trademarks, Patents
7. Literary, Dramatic, Musical & Artistic Works
Reproduce
the Work
Storing of it
in any
medium
Issue Copies
to Public
Perform the
Work in
Public
Communication
to Public
Translation
or
Adaptation
Make a
Cinematograph
Film or Sound
Recording
8. Cinematograph Film/Sound Recording
TO MAKE A COPY OF THE
FILM
TO MAKE ANY OTHER
SOUND RECORDING
EMBODYING IT
TO SELL OR GIVE THE FILM
ON COMMERCIAL RENTAL
TO SELL OR GIVE THE
SOUND RECORDING ON
COMMERCIAL RENTAL
TO COMMUNICATE THE
FILM TO PUBLIC
TO COMMUNICATE THE
SOUND RECORDING TO
PUBLIC
9. Concept of Author & First Owner
• Literary, Musical, Artistic or Dramatic Work - Author is the “First
Owner”
• Cinematograph Film - Producer is the “First Owner”
• Sound Recording - Producer is the “First Owner”
• Work created by any employee in the course of employment - in
absence of agreement to the contrary - Employer is the “First
Owner”
10. Assignment of Copyright
Author’s Right to Royalties
● Author of literary or
musical work
● Included in
Cinematograph Film
● Included in Sound
Recording but not part of
a Cinematograph Film
● Shall not assign or waive
right to receive royalties
● To be shared on an
equal basis with
assignee of copyright on
Utilization
How
● Owner of copyright in
an existing work or
● Prospective owner of
copyright in a future
work may
● Assign either wholly or
partly
● For whole or part of the
Term
When
● Assignment of copyright
in future work will come
into effect only when
work comes into
existence
● Cannot apply to any
mode or medium not in
existence or not in
commercial use at the
time of assignment
11. Who is a Performer?
A ‘Performer’ shall mean and include an actor,
singer, musician, dancer, acrobat, juggler, conjurer,
snake charmer, a person delivering a lecture or any
other person who makes a performance.
12. Exclusive Rights of Performers
Make a sound
recording or
visual recording
of performance
Reproduction of
performance in
any material
form
Storing in any
medium
Issuance of
copies to public
Communication
to public
Selling or giving
on commercial
rental
Broadcast the
performance in
public
13. Publishing Rights - Copyright Society
• The business of issuing or granting licence in respect of literary, dramatic,
musical and artistic works incorporated in a cinematograph films or sound
recordings shall be carried out only through a copyright society duly registered
under the Act
• The registration granted to a copyright society under sub-section (3) shall be
for a period of five years
• Owner of copyright shall, in his individual capacity, continue to have the right
to grant licences in respect of his own works (excluding publishing)
• Central Government shall not ordinarily register more than one copyright
society to do business in respect of the same class of works.
15. THE CONCEPT OF “FAIR USE”
Section Provision Applicable Works
52(1)(a) Fair dealing All works
52(1)(a) Private or personal use, including research All works
52(1)(a) Criticism or review All works
52(1)(a) Reporting of current events and current affairs All works
52(1)(aa) Making copies for back-up Computer programmes
52(1)(ab) Obtaining information for interoperability Computer programmes
52(1)(ac) Observation, study or testing Computer programmes
52(1)(ad) Making copies Computer programmes
52(1)(b) and
52(1)(c)
Transient or incidental storage All works
52(1)(d) Reproduction in judicial proceedings All works
52(1)(e) Reproduction by Legislature All works
52(1)(f) Reproduction for obtaining certified copy All works
16. TRADEMARK ACT, 1999
• Provides for the process of registration of trademarks
• How to better protect trademarks
• How to prevent the use of Fraudulent Marks
• The Act will cover trademark for both goods and services
19. Relative Grounds of Refusal
❖ Identical or Similar to an earlier Trademark because of which there exists a
likelihood of confusion on part of public
❖ Identical or Similar to an earlier Trademark but not for similar goods or services
shall not be registered if the earlier trademark is a well known trademark
❖ A trademark not be registered if its use can be prevented by a law in India like
passing off or the law of copyright
20. Registration of Similar Marks
Defense of Honest Concurrent Use
Where two separate entities have co-existed for a
long period, honestly using the same or closely
similar names, the inevitable confusion that arises
may have to be tolerated
Registrar may permit registration of
similar marks by more than one
proprietor in respect of same or similar
goods or services
21. Prima facie evidence
of Validity
Exclusive Right to
Use Trademark
Obtain Relief from
Infringement
22. Trademark Infringement
A Registered Trademark is infringed :
❏ By a person not being a registered proprietor or using by way of permitted use
❏ Uses a identical or deceptively similar mark
❏ To the Trademark in relation to goods or services
❏ In respect of which the Trademark is registered
