This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
Intellectual Property Right(IPR) meaning, objectives of IPR, international agreements WIPO, TRIPS and WTO, Patent, copyright, trademarks, infringement of IP, laws against infringement, cases
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
Protection of plant vareities and farmers right act, 2001DNMadhushree1
REGISTERABLE PLANT VARIETIES (slide no.8)
(i) NEW VARIETY is a variety which is not in public domain
> In India earlier than 1 year before the date of filling the application;
> outside India, in the case of trees or vines earlier than 6 years or in any other case earlier than 4 years.
(ii) EXTANT VARIETY is a Variety available in India which is -
> Notified under section 5 of the Seeds Act, 1996; or
> A Farmers variety
> A variety about which there is common knowledge
(iii) FARMERS VARIETY is a variety which-
> Has been traditionally cultivated and evolved by the farmers in their fields;
> Is a wild relative or land race of a variety about which the farmers possess the common knowledge.
(iv) ESSENTIALLY DERIVED VARIETY in respect of a variety (the initial variety), shall be called when it -
> Is predominantly derived from a variety that itself is predominantly derived from an initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety;
> Is clearly distinguishable from initial variety.
TEST TO BE CONDUCTED (slide no.12)
Every applicant shall, along with the application for registration, make available to the Registrar some quantity of seeds of a variety for registration of which such application is made for the purpose of conduction of test to evaluate whether the seeds of such variety along with parental material conform to the standards as may be specified by regulations.
The seeds samples received by the Authority will be properly tested for its purity and germination. A part of the seed sample will be sent to the test center for conduction of DUS tests and a part of it is kept by the Authority in the National Gene Bank to maintain the seeds samples of the registered varieties for their entire period of protection.
The DUS testing shall be field and multi-location based for at least 2 similar crop seasons. Special tests (laboratory based) shall be conducted only when DUS testing fails to establish the requirement of the distinctiveness.
Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of 3 experts shall visit the on-farm test sites for 2 similar crop seasons as may be specified.
The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and it shall be conducted on a minimum of 2 locations. There are special guidelines for the DUS test for each crop.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Protection of Plant Variety and Farmer Rights Act not only provide protection to new plant varieties but also take into consideration the rights of farmers.
Enforcement Of Intellectual Property Rights Through Customs Vpd FinalVijay Dalmia
Enforcement of Intellectual Property Rights through customs in India - by Vijay Pal Dalmia, Advocate Delhi High Court, Parttner & Head IP & IT Laws Division, Vaish Associates
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
Plenary Paper delivered at the 12th Congress of Southeast Asian Librarians on Information Resources Empowerment: Enhancing Knowledge Heritage, held at the International Convention Center, Berakas, Brunei Darussalam, 2003 Oct 19
This presentation provides information on intellectual property rights (IPR) and its other constituents such as copy rights, patents, trade marks, geographical indicators etc.
Intellectual Property Right(IPR) meaning, objectives of IPR, international agreements WIPO, TRIPS and WTO, Patent, copyright, trademarks, infringement of IP, laws against infringement, cases
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
Protection of plant vareities and farmers right act, 2001DNMadhushree1
REGISTERABLE PLANT VARIETIES (slide no.8)
(i) NEW VARIETY is a variety which is not in public domain
> In India earlier than 1 year before the date of filling the application;
> outside India, in the case of trees or vines earlier than 6 years or in any other case earlier than 4 years.
(ii) EXTANT VARIETY is a Variety available in India which is -
> Notified under section 5 of the Seeds Act, 1996; or
> A Farmers variety
> A variety about which there is common knowledge
(iii) FARMERS VARIETY is a variety which-
> Has been traditionally cultivated and evolved by the farmers in their fields;
> Is a wild relative or land race of a variety about which the farmers possess the common knowledge.
(iv) ESSENTIALLY DERIVED VARIETY in respect of a variety (the initial variety), shall be called when it -
> Is predominantly derived from a variety that itself is predominantly derived from an initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety;
> Is clearly distinguishable from initial variety.
TEST TO BE CONDUCTED (slide no.12)
Every applicant shall, along with the application for registration, make available to the Registrar some quantity of seeds of a variety for registration of which such application is made for the purpose of conduction of test to evaluate whether the seeds of such variety along with parental material conform to the standards as may be specified by regulations.
The seeds samples received by the Authority will be properly tested for its purity and germination. A part of the seed sample will be sent to the test center for conduction of DUS tests and a part of it is kept by the Authority in the National Gene Bank to maintain the seeds samples of the registered varieties for their entire period of protection.
The DUS testing shall be field and multi-location based for at least 2 similar crop seasons. Special tests (laboratory based) shall be conducted only when DUS testing fails to establish the requirement of the distinctiveness.
Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of 3 experts shall visit the on-farm test sites for 2 similar crop seasons as may be specified.
The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and it shall be conducted on a minimum of 2 locations. There are special guidelines for the DUS test for each crop.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Protection of Plant Variety and Farmer Rights Act not only provide protection to new plant varieties but also take into consideration the rights of farmers.
Enforcement Of Intellectual Property Rights Through Customs Vpd FinalVijay Dalmia
Enforcement of Intellectual Property Rights through customs in India - by Vijay Pal Dalmia, Advocate Delhi High Court, Parttner & Head IP & IT Laws Division, Vaish Associates
Covers legal aspects of Patenting in India.Explains the difference between Patent, Trademark and Copyright. Differentiates between patentable and non patentable inventions and explains the process of obtaining a patent, with case studies and examples.
Plenary Paper delivered at the 12th Congress of Southeast Asian Librarians on Information Resources Empowerment: Enhancing Knowledge Heritage, held at the International Convention Center, Berakas, Brunei Darussalam, 2003 Oct 19
Introduction to Software Licensing is a powerpoint presentation that I made up to raise our company\'s awareness about the use of proprietary software and the laws involve in it.
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
Department of Education, Aliah University
Kolkata
Seven day International Workshop
On Research in Social Science: Methodological Issues and Emerging Trends (30th October-5th November, 2018)
This presentation contains the good information regarding the copyright law, also includes the information regarding Indian Copyright Law, 1957; Rights of the author, Copyright infringement and its remedies etc.,. This presentation can be used for the educational/academic purpose only. And the original credits goes to the primary authors and also I acknowledge the authors and the articles which I used to make this presentation.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
3. Introduction
• Copyright is a legal concept, enacted by most
Governments
• The purpose of the project is to understand what is
copyrights under Intellectual Property rights and its
related articles in TRIPS.
• understand various aspects of Indian copyrights act
with various case studies and caselets.
5. Intellectual Property Rights
• Refers to creations of the mind.
• Owner has an exclusive right of protecting his
intangible property
• Countries have laws to protect intellectual property
for two main reasons.
o to give statutory expression
o to promote, creativity and to encourage fair-trading
7. Nature of IPR
•
•
•
•
Largely territorial rights except copyright.
Have to be renewed from time to time.
IPR can be held only by legal entities
First
recognized in Paris Convention for the
Protection of Industrial Property in 1883 and
the Berne Convention for the Protection of Literary
and Artistic Works in 1886.
• Administered by the World Intellectual Property
Organization (WIPO).
8. Berne Convention
• International agreement governing the area of
copyrights
• accepted in Berne, Switzerland in 1886.
• to recognize the work or creation of authors or artist
from other signatory countries in the way as it
recognizes the work from authors or artists from its
country.
• For eg. French copyright law
9. WIPO
(World Intellectual Property Rights )
• Self funding agency by UN Established in 1967
• Developing a balanced and accessible international intellectual
property (IP) system
• Helps in protecting rights of creators and owners
• Currently 186 Member States
•
•
•
•
•
Core Tasks:
Developing international IP laws and standards
Encouraging the use of IP for economic development
Promoting a better understanding of IP
Providing a forum for debate
10. TRIPS
(TRADE RELATED INTELLECTUAL PROPERTY RIGHTS)
• Sets down minimum standards for many IPR as
applied to all the member nations of the WTO.
• came into force on 1 January 1995
• It has expanded the scope of the agreement from
goods to services and also includes Intellectual
Property.
• TRIPS contains most of the Berne Convention rules.
• The Berne Convention, however, does not contain all
of TRIPS' provisions
11. INDIAN COPYRIGHT ACT, 1957
• The Copyright law in the country was governed by
the Copyright Act of 1914, which was the extension
of the British Copyright Act, 1911
• Extent and commencement:
• It extends to the whole of India.
• It came into force on 21st January ,1958 vide a
notification no.269
12. COPYRIGHTS
• Copyright grants exclusive rights to the creators to
control the copying and some other forms of
exploitation of copyright material.
• First Copyright Act was passed in 1914 .
• It protects only the form of expression of
ideas, not the ideas.
• any creative work cannot be copied without the
permission of the author/creator
• For eg. MF Hussain’s painting
14. The Da Vinci Code VS The Holy Blood and
the Holy Grail
• A central principle of copyright is that it protects the
expression of idea not the idea itself.
• Background
• Legal issues
• Judgement
• Significance
• And Finally…
15. USE OF COPYRIGHTS
• A Copyrighted work may be used or copied under certain
conditions:
• Public domain-work belongs to the public as a whole ,works
with an expired copyright or no existing protection
• Permission-prior approval for proposed use by the copyright
owner
• Legal exception-use constitutes an exemption to copyright
protection –
Fair use-use for educational and non-commercial purpose with
certain restrictions e.g. research, commentary, parody, teaching
16. CASELETS
• CASES UNDER FAIR USE• Fairuse is a doctrine in copyright which allows
limited use of copyrighted material without
permission.
• Case1-legal solution to photocopy row
-Case
-outcome
-Significance
17. Exclusive rights
• to produce copies or reproductions of the work and to
sell those copies
• to import or export the work
• to create derivative
• to perform or display the work publicly
• to sell or assign these rights to others
• to transmit or display by radio or video
• Eg. Mickey mouse
18. Rights Protected
There are two types of rights under copyright.
• Moral
- the paternity right
-the right to integrity
• Economic
- translate/adapt/arrange or otherwise
- reproduce
- make it available to the public
19. CASE STUDY-CASE AGAINST MORAL
RIGHTS
Background
Comparison
Dishonesty
Public vote on this
Big vs Small: A matter of Justice for all
20. Limitations on Rights
• Works are excluded from protection if they are not
fixed in tangible form
• The second category of limitations concerns
particular acts of exploitation.
(a) free use
(b)non-voluntary licenses.
22. DURATION
• The European Union, the United States of America
and several others have extended the term of
copyright to 70 years after the death of the author.
• Whereas India have extended upto 60 years.
• The rationale behind this is after a certain time form
part of the cultural heritage and thus be free for use.
23. DIFFERENCE BETWEEN TRIPS AND
BERNE CONVENTION LAWS
• TRIPS requires member countries to grant copyright
protection to computer programs and data
compilations.
• TRIPS does not require the protection of authors'
moral rights.
• TRIPS allows for some flexibility in its
implementation( eg: setting standards of
protection, enforcement of rights)
• TRIPS requires member countries to provide
effective sanctions for violations of copyrights
24. RELATED RIGHTS UNDER TRIPS
Article 10
• Computer Programs and Compilations of Data:
• Computer programs shall be protected as literary
works under the Berne Convention
• the source code is the main working logic of any
software program, this source code can be used for
making similar programs by the competitors therefore
source code or object code is protected as a literary
work.
25. AMENDMENTS IN INDIAN COPYRIGHT,
1994
A comprehensive definition for "computer program"
(absent in the previous Act)
• "computer program" means a set of instructions
expressed in words, codes, schemes or in any other
form, including a machine readable medium capable
of causing a computer to perform a particular task or
achieve a particular result“
protecting object code as well as source code
26. Article 14
• Protection of Performers, Producers of Phonograms
(Sound Recordings) and Broadcasting Organizations:
Performers
• This right allows performers to prohibit the recording and
broadcasting of their live performances without their consent.
Producers of phonograms
• phonograms are protected by this law so that they can prohibit
other people from copying,
Broadcasting Organizations:
• Broadcasting organizations are provided the rights to authorize or
prohibit re-broadcasting, fixation and reproduction of their
broadcasts.
• Example: metallica v/s napster case
27. • Article 12
• Terms of Protection:
The duration of the copyright validity must be at
least 50 years.
28. AMENDMENTS IN INDIAN COPYRIGHT,
1999
• Copyright Act to broadcasts and performances
copyright protection extended upto 50 years from present
25yrs computed from the end of the calendar year in which the
performance took place
• If an application for registration of copyright is filed by an
applicant who is a member of either of the Conventions
copyright protection would be afforded to the applicant
automatically, there is no need for registration therefore.
29. Copyright Amendment Act, 2012
• Statutory license for broadcasting of literary and
musical works and sound recording ,Section 31D
to broadcast a literary or musical work and sound recording
which has already been published ----by prior notice
&payment
• Provisions to Apply in case of broadcast
reproduction rights & performer’s right sec 39
Any work or performance that has been broadcast, no license
to reproduce such broadcast shall be given
• Insertion of new sections 38A and 38B
• Exclusive Rights Of Performers
• Moral rights of the performer
30. RELATED RIGHTS UNDER TRIPS
• Article 11
• Rental Rights:
• a member nation will provide authors and their
successors in title the right to authorize or to
restrict/prohibit the commercial rental to the public of
originals or copies of their copyright work.
• For eg. HMV music
31. Penalty for Copyright Infringement in India
Minimum punishment for infringement of copyright:
• Imprisonment for six months.
• With the minimum fine of Rs. 50000.
If same act is repeated again then minimum punishment
is:
• Imprisonment may extend to 3 years
• And fine of Rs. One lakh- two lakh
• Eg- sohail maklai entertainment
32. COMPARISON INDIA AND SOUTHAFRICA
Items
India
South Africa
Life of author and then through
Duration of Copyright end of year plus 60 years
Life of author and then
through end of year plus
50 years
Moral Rights
yes
yes
Photos Publication
date through next January 1st
plus 60 years
date through end of year
plus 50 years.
broadcast
Broadcast date through end of
year plus 25 years
date through end of year
plus 50 years
Government works
Publication through end of year
plus 60 years.
Publication through end of
year plus 50 years
35. Conclusion
• Right from statute of Anne to TRIPS copyrights
Law has been developing and changing to provide
better protection and stronger hold to the
owners
• Recognition as a serious crime not only damaging
creative potential but also causing economic loss
• awareness among people ,proper enforcement
efficient copyright cells and copyright societies
can bring down the infringement
Editor's Notes
For eg. French copyright law applies to anything published or performed in France, regardless of where it was originally created.
anyone whose using and M.F Hussains painting work for suppose a greeting card cover without authorization
For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough to not be judged copies of Disney's. Note additionally that Mickey Mouse is not copyrighted because characters cannot be copyrighted; rather, Steamboat Willie is copyrighted and Mickey Mouse, as a character in that copyrighted work, is afforded protection
The first limitation is the exclusion from copyright protection of certain categories of works. In some countries, works are excluded from protection if they are not fixed in tangible form. For example, a work of choreography would only be protected once the movements were written down in dance notation or recorded on videotape. In certain countries, the texts of laws, court and administrative decisions are excluded from copyright protection.The second category of limitations concerns particular acts of exploitation, normally requiring the authorization of the rights owner, which may, under circumstances specified in the law, be carried outwithout authorization. There are two basic types of limitations in this category: (a) free use, which carries no obligation to compensate the rights owner for the use of his work without authorization; and (b)non-voluntary licenses, which do require that compensation be paid to the rights owner for non-authorized exploitation.Examples of free use include: quoting from a protected work, provided that the source of the quotation and the name of the author is mentioned, and that the extent of the quotation is compatible with fair practice;use of works by way of illustration for teaching purposes; anduse of works for the purpose of news reporting.
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)The TRIPS is an international agreement administered by the WTO. A map showing the current membership of the WTO is available here((.link_red)). The TRIPS agreement was negotiated and concluded in 1994. TRIPS establishes minimum standards for many forms of intellectual property protection in member countries of the WTO, including copyright.The substantive provisions of TRIPS do not differ drastically from the Berne Convention. The major difference is that TRIPS requires member countries to grant copyright protection to computer programs and data compilations. However, TRIPS does not require the protection of authors' moral rights, which the Berne Convention requires.The most important innovations of TRIPS are the remedies it requires. Unlike the Berne Convention, TRIPS requires member countries to provide effective sanctions for violations of copyrights. In addition, it creates a dispute resolution mechanism by which WTO member countries can force other members to comply with their treaty obligations. It is sometimes said that, unlike the Berne convention, TRIPS has "teeth."TRIPS allows for some flexibility in its implementation. This flexibility is intended to permit developing nations to balance the incorporation of the general principles of TRIPS with development concerns. You can study additional Information concerning the flexibilities of TRIPS for developing nations.
Under Section 38A, the performer's right which is an exclusive right subject to the provisions of this Act making a sound recording or a visual recording of the performance, reproduction of it in any material form including the storing of it in any medium by electronic or any other means, issuance of copies of it to the public not being copies already in circulation, communication of it to the public by selling or giving it on commercial rental or offer for sale or for commercial rental of any copy of the recordingUnder Section 38B, mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer's reputationUnder Section 31D,any broadcasting organization desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so by giving prior notice, in such manner as may be prescribed and state its intention to broadcast the work & the duration, territorial coverage of the broadcast. They shall pay to the owner of rights in each work in the manner and at the rate fixed by the Copyright Board.
Example:In 2010 a suit was filed by twentieth century against sohailmaklai entertainment for the unlawful remake of twentieth century’s 2002 thriller phone booth in the form of knock out. It was the first time when an Indian court ruled that an Indian movie infringed Hollywood movie’s copyright. The Bombay high court awarded twentieth century injunctive relief until sohailmaklai paid $340,000 in damage