Intellectual Property Rights, Copyright Issues

by
Chandrashekhara N
IInd Year MSc.
DLIS, Tumkur University
Tumakuru.
 We will learn in this lecture…
• Introduction • Copyright
• What is property? • Indian Copyright Act
• Intellectual Property • Indian perspective on Copyright
• Intellectual Property Rights • Limitation of Copyright
• Categories of IPR • Patent
• Types of IPR • Trademarks
• Objectives of IPR • Geographical Indications
• Nature of IPR • Conclusion
• Importance of IPR
 Introduction

 Intellectual property rights are the legal rights that cover the privileges given
to individuals who are the owners and inventors of a work and have created
something with their intellectual creativity.
 Individuals related to areas such as literature, music, invention, etc., can be
granted such rights, which can then be used in their business practices.
 The creator/inventor gets exclusive rights against any misuse or use of work
without his/her prior information.
 However, the rights are granted for a limited period to maintain equilibrium.
 What is a property?

• Property designates those things that are commonly recognized as being the
possessions of an individual or a group.
• Properties are of two types - tangible property and intangible property i.e. one that
is physically present and the other which is not in any physical form.
• Building, land, house, cash, and jewellery are a few examples of tangible properties
which can be seen and felt physically.
• On the other hand, there is a kind of valuable property that cannot be felt physically
as it does not have a physical form.
• Intellectual property is one of the forms of intangible property that commands a
material value that can also be higher than the value of a tangible asset or property.
 Intellectual Property & Intellectual Property Rights

 Intellectual property (IP) refers to creations of the mind: inventions, literary and
artistic works, and symbols, names, images, and designs used in commerce.
 Intellectual property is an intangible creation of the human mind, usually expressed
or translated into a tangible form that is assigned certain rights of property.
 Intellectual property rights (IPR) can be defined as the rights given to people over
the creation of their minds.
 They usually give the creator an exclusive right over the use of his/her creations for a
certain period.
 Categories of Intellectual Property

• Industrial property, which includes inventions (patents), trademarks,

industrial designs, and geographic indications of source.
• Copyright, which includes literary and artistic works such as novels,
poems and plays, films, musical works, artistic works such as drawings,
paintings, photographs and sculptures, and architectural designs.
• Rights related to copyright include those of performing artists in their
performances, producers of phonograms in their recordings, and those of
broadcasters in their radio and television programs
Intellectual property shall include the right relating to

 Literary, artistic, and scientific works

 Performance of performing artists
 Inventions in all fields of human Endeavour
 Scientific discoveries
 Industrial designs
 Trademarks, service marks, etc.
 Protection against unfair competition.
 Objectives of intellectual property
1. It helps in protecting the ownership and originality of the individuals’ creations.
2. It provides recognition to the concerned person or authority.
3. It allows owners of intellectual property to have financial benefits from the property
they have created it.
4. They are provided financial incentives for the creation of and also to incur the cost of
investment in intellectual property.
5. Such rights motivate individuals’ creativity and thus also contribute to economic
growth.
6. It can also offer some economic aid to the holder of the right, through the monopoly of
their creations.
7. It improves the financial status of the individual as well as the economy of the country.
 Nature of Intellectual Property

• Intellectual property is like the intangible incorporeal property

• Intellectual property rights are essentially economic or commercial rights

• Intellectual property rights are largely territorial rights except for copyright which is
global in nature in the sense that it is immediately available to all the members of the
Berne Convention.

• Intellectual property rights are awarded by the state and are monopoly rights implying
that no one can use these rights without the consent of the right holder.

• It is important to know that these rights have to be renewed from time to time to keep
them in force except in case of copyright and trade secrets
 Importance of Intellectual Property Rights
• These legal rights subsequently provide exclusive economic rights in works

• It is necessary to provide incentives and financing for innovation and creation which in
turn leads to economic, cultural, and social growth and development.

• The system of intellectual property also encourages the protection and dissemination
of knowledge and a wide range of quality goods and services.

• IPRS increases innovation by protecting intellectual activity and granting their holder,
the creator or innovator, the ability to exclude others from certain activities for a
defined time.

• They also promote creativity by ensuring ideas are ultimately disseminated to generate
more knowledge and more innovations.
Types of IPR Patents
Indigenous
intellectual
Copyrights
property

Circuit
Layout Trademarks
rights
IPR
Plant Industrial
Variety Design

Geographic
Trade
al
Secrets
indications
 Copyright

• It protects for a specified period and only from a reproduction of the copyrighted
material

• It, however, does not prevent another person from using either the idea or the
information contained in a copyright material.

• It is a right that is provided to the owner of a literary or artistic work. It is an exclusive

right to control the publication, distribution, and adaptation of creative works.

• Oxford English Dictionary – “the exclusive right is given by law for a certain term of
years to an author, composer, etc. (or his assignee) to print, publish and sell copies of
his original work”
 What can be protected

• Literary or dramatic work

• A musical work

• An artistic work

• A cinematograph films

• A sound recording

• A photograph

• A computer-generated work
 Whose rights are protected?

• Copyright protects the right of the Author, i.e. creator of Intellectual properties.

• He/She is also called the First Owner of Copyright

• However, in the course of employment, the employer is the first owner of these
rights.
Work Creator of work
Literary or dramatic work Author
Musical work Composer
Cinematograph Producer
Sound recording Producer
Photograph Photographer
 Indian Copyright Act, 1957

• First right in India in 1914

• Now, Indian Copyright Act, 1957

• Further amendments in 1983, 1984, 1992, 1994, 1999

• Adopted many English provisions, introduced new ideas and

concepts

• Created copyright office and copyright board

• Introduced civil and criminal remedies against infringement

 Indian Perspective on Copyright

• The Copyright Act, 1957 confers copyright protection in the following two
forms

Economic
Right

Moral Right
 Economic Right

• Economic rights several exclusive rights typically attach to the holder of a copyright.

 To produce copies or reproductions of the work and to sell those copies

(including typically electronic copies)

 To import or export the work

 To create derivative works (works that adapt the original work)

 To perform or display the work publicly

 To sell or assign these rights to others

 To transmit or display by radio or video

 Moral Right

1. Right for paternity

To claim authorship of work and prevent all others from claiming

authorship of his work

2. Right of integrity

To prevent distortion, mutilation, or other alterations of his work, or

any other action about said work, which would be prejudicial to his honor
or reputation
 Term/Duration of Copyright

The general rule is that copyright lasts for 60 years. It is counted--

From the death of the author From the date of publication

• Literary • Cinematograph films
• Dramatic • Sound recordings
• Musical • Photographs
• Artistic work • Posthumous publication
• Works of government &
international organizations
 Limitations to copyright
1. Idea expression dichotomy
• Protects only the expression of ideas and not the ideas themselves
2. The first sale doctrine
• Does not restrict the owner of a copy from reselling legitimately obtained
copies of copyrighted works
[Link] use and Fair dealing
•For research or private study
•For learning & teaching in a classroom
•For criticism or overview
•For reporting current events
•In connection with judicial proceedings
•Performance to non-paying audience
•Other specific conditions
 Patent

• A patent is the right granted by a government to an inventor to exclude others from

imitating, manufacturing, using, or selling the invention in question for
commercial use during the specific period.
• A patent is a monopoly right to a person who has invented a new and useful article or
it is an improvement of an existing article or a new process of making an article.

To protect the creativity of individual

Need

To protect their invention from being copied

To reward the inventor

 Patent types Major Patent Office
• US patent office
• Utility patents
• European patent office
• Design patents
• Japan patent office
• Plant Patents
• Korean Intellectual Property Office
• National Intellectual Property Administration

Indian patent office

• The Indian Patent Office is the government agency responsible for administering the Indian
law related to Patents, Designs, and Trademarks.
• It falls under the Department for Promotion of Industry and Internal Trade.
• Official Name: Office of the Controller General of Patents, Designs and Trademarks (CGPDTM)
• Headquarters: Mumbai, India
• Website: [Link]
• The Patents Act, 1970, came into force in 1972
 Trademark

• A Trademark is any sign that individualizes the goods of a given enterprise and
distinguishes them from the goods of its competitors.
• A trademark is a type of intellectual property, and typically a name, word, phrase, logo,
symbol, design, image, or a combination of these.
 Signs which may serve as Trademarks

• Words: This category includes company names, surnames, forenames, geographical names,
and any other words or set of words, whether invented or not, and slogans.
• Letters and Numerals: Examples are one or more letters, one or more numerals, or any
combination of these.
• Devices: This category includes fancy devices, drawings, and symbols and also two-dimensional
representations of goods or containers.
• Coloured marks: This category includes words, devices, and any combination thereof in color
• Three-Dimensional Signs: a typical category of three-dimensional (3D) signs is the shape of the
goods or their packaging.
 Functions of Trademark

• To identify the goods and their origin

• To serve as a guarantee of the unchanged quality of the goods
• It acts as a marketing and advertising device
• It creates an image of the product in the minds of consumers
 Geographical Indications (G.I.)

• A Geographical Indication (GI) is a sign used on products that have a specific

geographical origin and possess qualities or a reputation that are due to that origin.
• In other words, it's a name or sign used on products that correspond to a specific
geographical location or origin.
• Under section 2 (e) of the G.I. Act, 1999 defines- “Geographical Indication, about
goods, means an indication which identifies such goods as agricultural goods, natural goods
or manufacture goods as originating, or manufactured in the territory, where a given
quality, reputation or other characteristics of such goods is essentially attributable to its
geographical origin and in a case where such goods are manufactured goods one of the
activities of either the production or of processing or preparation of the goods concerned
takes place in such territory, region or locality, as the case may be.”
• Some better examples of GI are “champagne,” “Bordeaux,” and “Chianti,” the first two
being regions in France and the third, a region in Italy, all famous for their wines.
• In the Indian context, ”Darjeeling Tea” was the first GI registered under the GI act.
• This GI is registered in the name of the Tea Board of India which also holds GI registrations
for ‘Nilgiri Tea’ and ‘Assam Tea’.

Basmati rice Mysore silk

Dharwad pedha

Mysore sandalwood oil Tirupati laddu

Mysore sandal soap
 Conclusion
• IPR is a legal protection for creations of the mind.
• It encourages innovation and creativity by rewarding creators for
their work.
• Copyright is a specific type of IPR that protects original works like
literature, music, art, and software.
• It grants creators exclusive rights to control how their work is used.
• Balancing the rights of creators with public interest is essential.
• Copyright laws must adapt to technological advancements to remain
effective.
• Respecting copyright is crucial for a thriving creative economy.
• IPR and copyright play a vital role in driving economic growth and
cultural development.
Thank You