copyrightlaw industrial designs
TRANSCRIPT
COPYRIGHT LAW AND INDUSTRIAL DESIGNS—SPECIAL IP TOOLS
Alka ChawlaIPR Expert ,IPR CellFaculty of Law,Univ. of Delhi
LEGISLATION ON COPYRIGHT
The Copyright Act, 1957Amended in 1983, 1984,1992, 1994, 1999
Copyright Rules, 1958Amended in 1995
International Copyright Order, 1999Amended in 2000
Berne Convention for the Protection of Literary and Artistic Works, 1886 (Paris Text 1971).
Universal Copyright Convention or the Geneva Act, 1952.
Agreement on Trade Related Aspects of Intellectual Property Rights, 1994.
WIPO Copyright Treaty, 1996.
INTERNATIONAL CONVENTIONS ON COPYRIGHT
A.
B.
C.
D.
Special Conventions in the Field of Neighbouring Rights :
INTERNATIONAL CONVENTIONS ON COPYRIGHT….
E.
i.
ii.
iii.
iv.WIPO Performances and Phonogram Treaty, 1996. (WPPT).
International Convention for the Protection of Performers, Producers ofPhonograms and Broadcasting Organisation, Rome, 1961 (Rome Convention).
Convention for the Protection of Producers of Phonogram against UnauthorizedDuplication of their Programs, 1971 (Geneva Phonogram Convention).
Convention relating to the Distribution of – Programme Carrying SignalsTransmitted by Satellite (Brussels Satellite Convention), 1974.
BASIC PRINCIPLES OF COPYRIGHT
Copyright is a negative right
Copyright is a right with limitations
- Temporal Limitation- Permitted Use or Fair use or Fair dealing
Doctrine- Geographical Limitation- Compulsory licenses
BASIC PRINCIPLES OF COPYRIGHT…
Copyright vests in original work
Copyright does not vest in ideas
Copyright is a bundle of rights
- Exclusive economic rights- Moral rights- Neighboring rights
SUBJECT MATTER OF COPYRIGHT PROTECTION (SECTION 13)
Original
- Literary- Dramatic- Musical- Artistic Works
(“Original” is not the same as “novel” Test of originality is a low one)
Cinematograph Films - (include video films)
Sound Recordings
Idea v. Expression DichotomyR.G Anand v. Delux Films (1978)Barbara Taylor Bradford v. Sahara Media Entertainment Ltd. (2004)Anil Gupta v. Kunal Dasgupta (2002)Zee Telefilms Ltd. v. Sundial Communications(2003)Kamla’s case (1985)
Author Of WorkLiterary or Dramatic work-AuthorMusical work-ComposerArtistic work-ArtistCinematograph film-ProducerSound recording-ProducerComputer generated work-Person who causes the work to be generated
EXCLUSIVE ECONOMIC RIGHTS
Reproduction Right
Distribution Right
Public Performance Right
Public Recitation Right
Communication Right including Broadcasting , Telecasting rights.
EXCLUSIVE ECONOMIC RIGHTS ….
Cinematograph Film and Sound Recording Right including video film rights
Translation Right
Adaptation Right
Rental Right - Computer programs- Cinematograph films- Sound recordings
MORAL RIGHTS
Right to Paternity
- to claim authorship
Right to Integrity
- To object to any mutilation, distortion etc.
NEIGHBOURING RIGHTS
Rights of Performers
Rights of Producers of Phonograms
Rights of Broadcasting Organizations
i.
ii.
iii.
TEMPORAL LIMITATIONS FOR COPYRIGHT
Unpublished Work
Author has right in Perpetuity
Published Work
For literary, artistic, dramatic, musical work – Life +60 years
- Joint authorship – Life of author who dies last + 60 years- Posthumous, anonymous, pseudonymous work 60 years (date of publication is relevant)
TEMPORAL LIMITATIONS FOR COPYRIGHT
Cinematograph film
Government Works
Public Undertaking’s Work
Work of International Organisation
(Date of Publication is relevant)
COPYRIGHT INDUSTRIES
Associated with Informative and Entertainment Value
Includes
- Book and Magazine Publishing- Music and Film Industry- Television and other Broadcasting Organizations- Computer Software
COPYRIGHT SOCIETIES
To be registered
Administration of rights of owner by Copyright Society
Payment of remuneration by Copyright Society
Copyright Society to submit returns and reports to Registrar of Copyrights
INDUSTRIAL DESIGNS ACT 2000
“DESIGNS”
Functional /utilitarian
Patents Act, 1970
Purely artistic works
Copyright Act, 1957
Designs with eye-appeal & capable of
Industrial application
Designs Act, 2000
What is a Design
Features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article by any industrial process or means manual, mechanical or chemical, separate or combined.finished article must appeal to and be judged solely by the eye,does not include any mode or principle of construction or anything which is in substance a mere mechanical device and does not include any trademark or property mark or artistic work .
PROHIBITION OF REGISTRATION OF DESIGNS
Not new or original design that has been published/disclosedto the publicNot significantly distinguishable fromknown designsComprises scandalous or obscene matter
COPYRIGHT / DESIGN OVERLAPThere will be works that are bothprotectible under copyright law as well asunder designs law
Indian law has tried to resolve this by theprovision of Section 15(2), Copyright Act,1957
SECTION 15(2), COPYRIGHT ACT, 1957
Copyright does not subsistin design registered underthe Designs Act
Design capable of beingregistered, but which hasnot been so registered -copyright shall cease assoon as any article to whichthe design has beenapplied more than FIFTYTIMES by an industrialprocess
Rights conferred by registrationThe registration of a design confers the proprietor copyright in the design for the period of registration.Copyright means the exclusive right to apply the design in respect of the article for which it is registered.
Duration of registration
The term of a design registration is initially for a period of ten years.The renewal is possible for further period of 5 years
DESIGN Vs. COPYRIGHTDESIGN COPYRIGHT
Complete monopoly Only protects against copying
Registration to claim protection
Automatic protection
Novelty and originality
No requirement for novelty
10 plus 5 years Life of author + 60 years
Only in respect of goods registered for
Is not goods specific
REMEDIES
Administrative
Civil
Criminal
