Dr. Jayashri A. Bangali is currently working as Head, Electronics Department, Coordinator, B.Sc. Computer Science, Coordinator, Internal Quality Assurance Cell (IQAC) in Kaveri College of Arts, Science and Commerce, Pune. She has 26 years of experience, 22 years of teaching experience and 4 years Industrial experience. Her qualifications includeM.Sc., M.Phil. and Ph. D. (Electronic Science) from Pune University. She is a recognized Ph.D. Guide of Pune University for Electronics Science subject. She has published more than 40 Research Papers in International/National Journals and Conferences held at USA, Malaysia, Singapore, Nepal etc. She has also published 29 Electronics textbooks for F.Y. and S.Y. B.Sc. (Computer Science) course as a co-author through Nirali Prakashan. Conducted more than 40 sessions on IPR in International/National Webinars/conferences, Published articles on IPR.
The Intellectual Property Rights (IPR) has its own economic value when it puts into any market place. IPR gives ownership rights to intellectual assets and are intangible in nature. IPR gives exclusive rights to inventor or creator for their valuable creation or invention. The main objective of IPR is to protect the invention and to give reward for his/her creative endeavor. IPR encourages and stimulate the creation of talented creators.
In the world of globalization, it is utmost important to be ahead in innovations, technologies and trade. India is well known for its intellectual skills in various fields such as software engineering, satellite technology, Moon, Mars, Jupiter mission and other technological areas. However, India lags behind in filing the patents, industrial designs, trademarks and copyrights. This is very alarming situation for India, as development of any society is directly related to IPR and its policy frameworks. The main reason behind this situation may be the lack of IPR awareness. Considering this situation, India has taken a major step in 1995 and became signatory to the Trade Related Intellectual Property Rights (TRIPS) Agreement of the World Trade Organisation (WTO). The TRIPS agreement regime has emerged as the basic framework for Intellectual Property Rights across the world. TRIPS agreement plays a significant role in resolving disputes over Intellectual Property. Every member of WTO has to include TRIPS provisions in their domestic Intellectual Property legislations. As an impact of this movement, India has strengthened its participation in the international patent system in last fifteen years. India has filed 1583 international patent applications in 2018 with the World Intellectual Property Organization (WIPO) and registered highest growth (27%) among countries in patent applications. According to Nasscom Report, Indian companies have filed more than 1lakh tech patents in the country and around 9500 in U.S during 2015-2021.
Copyright is one of the important types of Intellectual Property. The Copyright Law was introduced during the reign of British in 1911. Then this law was constantly amended and third phase of this law was introduced by independent Indian in 1957 which has the provisions of Berne Convention. India is following this Copyright Act 1957 till date.
The Copyright Act 1957 provides copyright protection in India and grant copyright protection in two forms as Economic rights of the author and Moral rights of the author. Copyright protects the rights of creators for his/her own literary and artistic works. The term copyright refers to the ‘Right to Copy’ which is available only to the author or the creator. Under Copyright, following literary and artistic works are covered:
Musical work: songs, choruses, solos, band, orchestras etc.
Artistic works: painting, drawings, sculpture, architecture, advertisements etc
Photographic work: landscapes, fashion or event photograph, portraits etc.
Motion pictures: films, drama, documentary, television broadcasting, video tape, DVDs.
Computer programs: Computer programmes, software and their related databases etc.
Copyright and related rights
After completion of good quality work, automatically one can get its copyright. Hence it is not mandatory to register copyright. However, registration of copyright provides many benefits to the creator. Copyright can give evidence and prove that copyright exist and creator is genuine owner of it.
The owner of the Copyright has following rights:
Right of Reproduction
Right of Communication
Right of Adaption
Right of Translation
According to the Indian Copyright Act 1957, other rights related to various types of copyright stated in handbook are as follows:
Rights in dramatic and artistic work
Rights in musical work
Rights in sound recording
Rights for computer programmes
Registration Procedure for Copyrights
Copyrights automatically come into existence as soon as the work is created. However, if the work is registered then it gives economic benefits to the owner. Registration of copyrights is done in the Copyright Office of the Department of Education situated at Kasturba Gandhi Marg, New Delhi. The entries made in the Register of Copyrights serve as prima-face evidence in the court of law.
According to the Chapter VI of the Copyright Rules, 1956, as amended, the procedure for the registration of a work is as follows:
- Application for registration is to be made on form IV.
- Separate application should be made for registration of each work.
- Each application should be accompanied by the prescribed fees as mentioned in the rules.
- The application must be signed by the applicant or Power of Attorney or the advocate in whose favour a Vakalatnama. The Power of Attorney signed by the party and accepted by the advocate should be enclosed.
Each and every column of the Statement of Particulars should be replied in future. The copy of manuscript has to be sent along with the application. Copyrights of the countries who are the members of the Berne Convention for the protection of Literary and Artistic works, Universal Copyright Convention and TRIPS agreement are protected in India. Copyright provided by the Indian Copyright Act is valid only within the borders of the country. To secure protection to Indian works in foreign countries, India has become a member of Berne Convention for the Protection of Literary and Artistic works, Universal Copyright Convention, Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties and Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
Duration of Copyrights
According to the general rule, the duration of Copyright is 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
It should be noted that Copyright does not protect novelty but only originality. Copyright protects only the expression and not the idea. So, if it is the only method of expressing the work, it cannot be protected. The Copyright infringement means taking financial benefits of copyrighted work without permission of the owner. Some of the commonly known acts involving infringement of copyright are a) making infringing copies for sale, b) permitting any place for the performance of works in public c) distributing infringing copies for the purpose of trade d) public exhibition of infringing copies by the way of trade e) importation of infringing copies into India.
The key factors for initiating any infringement case is to prove ownership of Copyright or to prove infringer has copied the copyrighted work. Once the owner proved that the work has been already copyrighted under the act then minimum punishment for infringement is imprisonment for 6 months with minimum fine of Rs. 50,000. If the person proves that it was done innocently or even accidently then he may be held liable under the Copyright Act. The guilty intention of the offender can be considered for determining the quantum of damages to be awarded for the alleged infringement.
Copyright is an important element of IPR. Writers, musicians, artists should be encouraged to register their art. According to the Copyright Act 1957, the Copyright registration process in India is very easy at the reasonable fees. Owner of copyrighted material can grant a license and transfers some of the rights to other person for the financial benefits. However, it may be difficult to prove infringement in case of Copyright.