This document discusses copyright and related rights. It covers the importance of intellectual property rights protection in the design sector, including legal recognition and long-term profits. The document defines copyright as the exclusive legal right given to authors and creators to print, publish and sell copies of their original work. It outlines the general principles of copyright, including the distinction between ideas and expression. The document also describes the various types of works protected by copyright and ownership rights.

1. Copy & related rights
Compiled by A Srinivasa Rao

2. OVERVIEW
INTELLECTUAL PROPERTY (IP or IPR)
INDUSTRIAL PROPERTY COPYRIGHTS &
TRADEMARKS RELATED ISSUES
PATENTS
INDUSTRIAL DESIGNS
TRADE SECRETS
LAYOUT DESIGNS OF IC’s
GEOGRAPHICAL INDICATIONS
UNFAIR COMPETITION

3. IMPORTANCE OF IPR
PROTECTION IN THIS SECTOR
• Legal recognition for the designer’s
creativity
• Protection of intangible assets
• Long-term profits (Valuation, license fees,
royalties etc.)

4. “DESIGNS”
Purely Designs with
Functional /
artistic works eye-appeal & capable of
utilitarian Industrial application
Patents Copyright Designs
Act, 1970 Act, 1957 Act, 2000

5. ©COPYRIGHT
“The exclusive right given by law
for a certain term of years to an author,
composer etc. to print, publish and sell
copies of his original work”
Oxford English Dictionary

6. OBJECT OF COPYRIGHT
• To encourage authors, composers and
artists to create original works
• By rewarding them with monopoly rights
over their work for a limited period of time

7. GENERAL PRINCIPLES
• Ideas v/s Expression
• Originality, hard work and labour
• Independent Development not covered:
“Copying essential”
• Fixation
• Presumptions
– Access;
– No explanation;
– Substantial reproduction;

8. BUNDLE OF
VARIOUS WORKS
Literary Dramatic
Films
Musical Sound
Artistic Recording

9. “ARTISTIC WORKS”
• A painting, sculpture,
drawing, engraving,
….whether or not
possessing artistic
quality
• Any other work of
“artistic
craftsmanship”

10. OWNERSHIP
• Ordinarily the Artist/author;
• Employer;
• Written Agreement;
• Commissioned Work

11. PROTECTION AND TERM
• Life + 60 years;
• Worldwide - BERNE Convention;
• Registration not compulsory though
advisable;

12. A BUNDLE OF RIGHTS
Economic Rights Moral rights
–Reproduce or make –Right of
copies acknowledge
–Artistic Works-3D to ment
2D and vice-versa
–Right to
–Issue copies- sell, object against
distribute, etc .
mutilation
–Communication to /distortion of
public
work
–Adapt
–Assign/License

13. What constitutes Infringement?
• Any reproduction reproduction
reproduction, use , distribution,
performance, etc. of the work without
the permission of the copyright owner.
• An identical or substantial similar
reproduction is also covered
• Infringement – Damages - Injunction

14. FAIR USE
• Fair dealing for private use or criticism &
review;
• Reporting current events;
• Judicial Proceedings;
• Education;
• Inclusion in Film