Online Education and Intellectual Property Issues
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The document discusses intellectual property issues related to online education. It outlines the primary types of IP which include copyrights and trademarks. Copyright protects literary, artistic, and other works. Rights granted to copyright holders include reproduction and distribution. Exceptions to copyright include fair use for private research and use in educational courses. The document provides guidance on verifying copyrights, applying exceptions and licenses, and developing IP policies for online education platforms and courses.
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This document contains the submissions of an expert appointed by the Delhi High Court to provide an analysis of Section 52(1)(za) of the Indian Copyright Act, which provides an exception for use of copyrighted sound recordings at marriage ceremonies and related social events.
The expert summarizes that international treaties provide flexibility for countries to determine exceptions based on local needs, and Section 52(1)(za) falls within the scope of permitted exceptions. The expert argues for a broad reading of the section in light of the importance of marriage in Indian society and the need to limit overreach of copyright owners' rights in this context. The expert also notes that without facilitators, most users would not be able to exercise their rights under this
Indian Intellectual Property Cases Report, 2021.pdf
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property.
INDIAN INTELLECTUAL PROPERTY STATISTICS REPORT, 2021
BananaIP is happy to launch the IP statistics report for the year 2021. This report covers Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report.
Findings and Conclusions
At a general level, intellectual property activity before the IP Office increased notably in 2021 compared to the previous year. While Patent, Copyright, Trademark, and GI filings saw an increase in numbers, the number of Design filings dropped during the year.
The conclusion of the report reads as follows:
"To conclude, we observed an overall increase in the IP Statistics in 2021. In the year 2021 number of patents published increased by 2%, the number of trademarks filed increased by 13.78%, the number of copyrights filed increased by 29.71% and the number of geographical indications filed increased by 49.01%. We also observed that the number of patents granted increased by 15.66%, trademarks registered increased by 33.96%, and geographical indications registered increased by 560% in 2021. However, the number of designs registered decreased by 17.54%."
Statistics as Indicators
Intellectual Property statistics have since long been used as indicators of intellectual activity, and the findings of this report signify an increase in innovative and creative activity in India despite the pandemic. The numbers also indicate the importance being given to IP protection in the Indian market by both Indian and foreign organisations.
Talking about the report, Dr. Kalyan C. Kankanala stated, "IP filings in India have been steadily increasing since 2014, and the increase in 2021 is not surprising. What is interesting is the fact that patent, trademark, and other IP filings increased despite the negative consequences of COVID-19.
The increase in numbers is in sync with increased enforcement, licensing, and litigation.
Over the last decade, we have seen a significant transformation in the IP ecosystem in India, and I can today state with confidence that we are no longer a nation that views IP with circumspection."
Attribution
The report was the result of contributions from consulting/strategy, patent, copyright, and trademark departments of BananaIP Counsels.
IP Stats Recap PPT 2021
This document presents intellectual property statistics for India for the years 2019-2021. It summarizes that in 2021:
- Patent applications published and patents granted both increased by around 2% compared to 2020.
- Design registrations decreased by 17.54% from 2020.
- Trademark applications filed and registered increased by 13.78% and 33.96% respectively from 2020.
- Copyright filings increased by 29.71% from 2020.
- Geographical indication applications filed increased by 560% and registrations by 50% from 2020.
Fundamentals of Intellectual Property
Prof. AB develops a product called "STUNOOPER", a pen capable of assessing student participation in class based on facial expressions, gestures, etc. and providing proposed grades. He tests it from 2019-2021, when he finalizes the design and uses it to grade students. Prof. AB writes the integrating code himself while using open source algorithms and libraries, and keeps his expanding training data secret. It is unclear if this is a good idea or product.
Patentability Requirements
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Patent Remedies
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Patent Licensing
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Patent Defenses
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
Infringement Analysis
Dr. Kalyan Kankanala, Senior Partner, BananaIP Counsels, delivered a class on {inset Slide title}, for National Law School of India University, Bangalore.
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Online Education and Intellectual Property Issues
- 1. Copyright, BananaIP (BIP) Counsels, 2020 Online Education and Intellectual Property Dr. Kalyan C. Kankanala BananaIP Counsels contact@bananaip.com
- 2. Primary IP • Copyrights • Publicity rights • Trademarks Copyright, BananaIP (BIP) Counsels, 2020
- 3. Copyrights • Works protected – Literary – Dramatic – Artistic – Cinematographic – Photographic – Sound recording Copyright, BananaIP (BIP) Counsels, 2020
- 4. Rights • Reproduce • Adapt • Distribute • Communicate to Public • Make available • Public performance • Public Display Copyright, BananaIP (BIP) Counsels, 2020 • Infringement - Exercise of a Right Without Authorization - Substantial Similarity
- 5. Fair Dealing/Exceptions • Fair Dealing (Any Work) - Private/Personal Use including Research • Reproduction (Any Work) - Course of Instruction • Performance (Literary, Dramatic, and Musical Works) - Course of activities of an Educational Institution Copyright, BananaIP (BIP) Counsels, 2020
- 6. Fair Dealing/Exceptions • Communication (Cinematographic Works and Sound Recordings) - Course of activities of an Educational Institution • Storing Electronic Copy (Any Work) - Non-Profit Library Copyright, BananaIP (BIP) Counsels, 2020
- 7. Course Pack Case • Course of instruction • Making Course Packs • Selling Course Packs • Electronic Copies Copyright, BananaIP (BIP) Counsels, 2020
- 8. License Copyright, BananaIP (BIP) Counsels, 2020 • Proprietary • Open Source/Creative Commons • Restrictive Terms
- 9. Basic Steps • Verify Copyright Protection • Give Conspicuous Attribution • Check Fair Dealing/Exceptions • Check License Terms • Move to Open Source/CC and other Permissive Licensed Content • Review Trademark and Publicity/Privacy Rights Issues • Incorporate Notices - Private Use/Education and Sharing Restrictions • Include Restrictions on Terms of Use/User Agreements of Online Platforms • Prepare IP Policies/Guild lines for Faculty and Students • Designate an IP officer to deal with any IP queries/issues • Include a COVID related Notice Copyright, BananaIP (BIP) Counsels, 2020
- 10. Download Dr. Kalyan’s books Copyright, BananaIP (BIP) Counsels, 2020
- 11. Thank You Contact us BananaIP Counsels No 40, 2nd floor, JC Industrial Estate, 3rd Main Road, Kanakapura road, Bangalore – 560062. Email: contact@bananaip.com Intellepedia IP News Updates: https://www.bananaip.com/ip-news-center/ Copyright, BananaIP (BIP) Counsels, 2020