This document provides an overview of designs, copyrights, and geographical indications (GIs) in India. It defines designs and copyrights, outlines the registration procedures and rights conferred for each, and discusses examples of infringement. For GIs, it defines what a GI is, illustrates examples of registered GIs in India, and summarizes the registration process and advantages of registration.

1. Designs, Copyrights &
GI: An Overview

2. What are designs?
• Design refers to the features of shape, configuration, pattern, ornamentation or composition of
lines or colors applied to any article.
• Protects the ornamental or aesthetic aspect of an article.
• Governed by the Designs Act 2000, with effect from 11th May 2001

4. Essential requirements for registration
• Design should be new or original
• It should not be published in any country
• Non contrary to public order or morality
• Be applied to an article and should appeal to the eye
• Non technical or useful function of a product
Exceptions: Designs incorporating official symbols or emblems, maps, buildings, stamps,
medals etc. cannot be registered under The Designs Act, 2000

5. Need for Design Registration
• Exclusive right over the registered design
• Restrain others from copying and illegally adopting same or similar looking products in the
market
• Encourages creativity in the manufacturing and industrial sectors, which in turn leads to an
expansion in commercial activities
• Design Registration valid for 10 years with further renewal for 5 years

6. Design Application

7. Design Registration Procedure

8. Design Misuse and Infringement

9. Cello Household Products v. M/S
Modware India

10. Copyrights
• Copyright is the set of exclusive rights granted to the author or creator of an original work
• For limited period
• For expression of ideas
• The Copyright Act of 1957(amendment in 2012) governs the copyright protection in India

11. Works protected under Copyrights
Literary works include:
Books
Newspapers
Dictionaries
Catalogues
Computer programmes
Computer softwares

12. Artistic works includes:
Drawings
Paintings
Charts
Work of sculptures
Photographs
Musical work includes: Graphical Notation,
Sound Recording.
Dramatic work includes : Play, Recitation,
Choreographic Work, Dumb Show fixed in
writing, Script/Scenario of Cinematographic
Film

13. Broadcaster’s Rights are those Rights which a Broadcasting
Organization is given in a broadcast. The broadcast could be a
television broadcast or a radio broadcast.
A particular programme will be broadcasted by the specific channel
only. Eg IPL cricket
The right is granted for 25 years
Performer’s rights include: Actor, Singer, Musician, Dancer,, one who
performs a circus act, puppet show, person delivering a lecture or
anyone who makes a performance

14. Copyright Registration Procedure
 Filing of copyright application with the copyright registry, Delhi
 Dairy no. is generated
 Formality check
 Mandatory waiting period of 30 days
 Scrutiny
 Discrepancy letter, if any is issued to the applicant
 Acceptance or Refusal
 Registration approved

15. Exclusive rights vested under Copyright
•Literary, dramatic, artistic or musical work
– To reproduce the work
– To issue copies of the work to the public
– Communicate to the public
– Adaptation of the work;
• Cinematograph film
– Make a copy of the film, including a photograph of any
image forming part thereof
– To sell or give on hire, or offer for sale or hire, any copy
of the film,
– To communicate the film to the public

16. • Sound recording
– To make any other sound recording embodying it
– To sell or give on hire, or offer for sale or hire, any copy of the sound
– To communicate the sound recording to the public.
• Performer’s Rights
– No person may make a sound/visual recording of the performer’s performances
– Broadcast the performance
– Communicate to the public otherwise than by broadcast
• Broadcasting Rights
– Broadcast reproduction right
– Causing the broadcast to be seen or heard by the public on payment of charges

17. Copyright Infringement
Copyright Infringement occurs when:
Copies of copyrighted work are made for hire/sale without authority or permission, such as online
piracy
Infringing copies are distributed for personal and trade gains
Copyrighted work is performed in a public place
Creating a recording embodying the copyrighted sound recording
Copy of the cinematographic film
Example:
When someone downloads movies from an unauthorized source, it will be copyright infringement
When someone uses a song’s music as background music in his/her song, it results in copyright
infringement

18. YRF vs Sri Sai Ganesh Productions
 YRF filed a copyright infringement suit against Sri Sai Ganesh Productions on the grounds that it
copied their movie ‘Band Baaja Baaraat’ and produced ‘Jabardasht’ movie
 Both the movies had substantial and material similarities in terms of concept, theme, character, plot,
story, script and expression amongst other things
 The court extended the test of originality by understanding the average moviegoer’s viewpoint as to
whether they would have an impression that one work was a copy of the other.
 The court held that Sri Sai Ganesh Productions had blatantly copied the YRF film’s essential,
fundamental and distinctive features, resulting in copyright infringement.

19. Geographical Indications
• GI is the sign used on products that have a specific geographical origin.
• It possess qualities or a reputation that are due to that origin.
• Used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts and industrial
products.
• The Protection of Geographical Indications (GIs) in India is governed by “The Geographical
Indications of Goods (Registration & Protection) Act, 1999”
• Once registered can be protected for 10 years with further renewal

20. GI Illustrations

21. GI Registration in India
• The application for Registration of GI is filed at the Office of the GI Registry, Chennai
• Any association of persons, producers, organization or authority established by or under the
law can apply for registration
• GI once registered can be protected for 10 years

22. GI Registration Procedure

23. Advantages of GI Registration
• Legal protection and prevention from unauthorized use
• Benefits for farmers and local producers
• Boost the rural development
• Reduces unfair practices of trade
• Preserving local culture and resources