IPR 1 GIM stu

8/6/2019 IPR 1 GIM stu

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Prof.Shaber Ali, VMSCL,GoaProf.Shaber Ali, VMSCL,Goa

Prof. Shaber Ali. GProf. Shaber Ali. GSR. FACULTY,SR. FACULTY,

V.M.SALGAOCAR COLLEGE OF Law, PANAJIV.M.SALGAOCAR COLLEGE OF Law, PANAJI

INTELLECTUALINTELLECTUAL

PROPERTYPROPERTY


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Concept of properyConcept of propery

Someof the bundle ofrights overSomeof the bundle ofrights overthe property are:the property are:

PossessionPossessionAlienationAlienation

OwnershipOwnership

UsageUsage

ApplicationApplication

Right toexclude nonRight toexclude non--ownersownersEnjoymentEnjoyment

PoweroftrasferPoweroftrasfer

ControlControl


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Kinds of PropertyKinds of Property

It is of two kindsIt is of two kinds

Movable property andMovable property and

Immovable propertyImmovable property

New kind ofpropertyNew kind ofproperty IPIP

IP is a kind ofproperty created by intellectIP is a kind ofproperty created by intellect

ofhuman mind or human brainofhuman mind or human brain

Creation ofhuman intellect was called asCreation ofhuman intellect was called as

Industrial propertyIndustrial property


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ContentsContents Concept of IPConcept of IP kinds ofPropertykinds ofProperty

Importanceof IPImportanceof IP Subject matterof IPSubject matterof IP

CopyrightsCopyrights Literary workLiterary work

Dramatic workDramatic work

Musical workMusical work

Artistic wo

rkArtistic wo

rk Cinematographic workCinematographic work

Sound recordingSound recording

Author and ownerofCRAuthor and ownerofCR

Terms ofCRTerms ofCR

Procedure toobtain CRProcedure toobtain CR

Authorities and remediesAuthorities and remedies

TrademarksTrademarks ObjectivesObjectives

DefinitionDefinition

FunctionsFunctions


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The concept ofThe concept of

intellectual propertyintellectual property In the beginning it was known asIn the beginning it was known as

industrial propertyindustrial property

After adding copyrights to thisAfter adding copyrights to this

industrial property need to changeindustrial property need to change

the namethe name -- IPIP

Unlike other forms of property,Unlike other forms of property,intellectual property isintellectual property is nonphysical /nonphysical /

intangible / incorporeal propertyintangible / incorporeal property


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Need for IP ProtectionNeed for IP Protection

To protect the interest ofauthor/inventorTo protect the interest ofauthor/inventor

Toencourage scientific discoveriesToencourage scientific discoveries

Provides economical benefitProvides economical benefit inventor,inventor,countrycountry

Transferof technologyTransferof technology

Cultural developmentsCultural developments It is important for all whoengage inIt is important for all whoengage in

business or industrial activitybusiness or industrial activity


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Kinds of Intellectual PropertyKinds of Intellectual Property

It is of two kindsIt is of two kinds

Industrial PropertyIndustrial Property

CopyrightsCopyrights

Various kinds of IP are recognizedVarious kinds of IP are recognized

under WIPO Article 2 (viii) and TRIPSunder WIPO Article 2 (viii) and TRIPS

Agreement Sec.I toSec VIIAgreement Sec.I toSec VII


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Legal frame work of IPLegal frame work of IP

Copyrights and neighboring rightsCopyrights and neighboring rights

TrademarksTrademarks

PatentPatent

Trade secretsTrade secrets

Layout designs and ICLayout designs and IC

Plant varietiesPlant varieties

DesignsDesigns

Traditional knowledgeTraditional knowledge


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Most important IPRMost important IPR

CopyrightsCopyrights

TrademarksTrademarks

PatentPatent


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SUBJECT MATTER OF CRSUBJECT MATTER OF CR

Chapter IIIChapter III -- Sec. 13Sec. 13

Sec. 13 (1):Sec. 13 (1): CR shall subsistCR shall subsist

throughout India in certain classes ofthroughout India in certain classes of

work. They arework. They are

a.a. Original literary, dramatic, musical andOriginal literary, dramatic, musical and

artistic worksartistic worksb.b. Cinematographic films andCinematographic films and

c.c. Sound recordingSound recording


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Literary workLiterary work

CR subsist in original literary work as perCR subsist in original literary work as per

Sec. 13 (1) (a)Sec. 13 (1) (a)

Originality relates to theexpression ofOriginality relates to theexpression ofthoughtthought -- such expression need not besuch expression need not be

originaloriginal

Theessential element is that the work mustTheessential element is that the work must

not be copied from another worknot be copied from another work

There is no CR in an IDEA as suchThere is no CR in an IDEA as such

Once the idea is written down, the writing is theOnce the idea is written down, the writing is the

subject ofCR and noone is entitled to copy itsubject ofCR and noone is entitled to copy it


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OriginalOriginal To secure a CRTo secure a CR -- LABOUR, SKILL andLABOUR, SKILL and

CAPITAL should beexpendedCAPITAL should beexpendedsufficientlysufficiently

Literary work need not have any literaryLiterary work need not have any literaryqualityquality Example:Example:

A work as an indexofrailway chart,A work as an indexofrailway chart,railway guideor list ofstock exchangerailway guideor list ofstock exchangequotationsquotations


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General meaningGeneral meaning

General literary work means workGeneral literary work means work

written or printedwritten or printed

in any language such asin any language such as

novels,novels,

poe

try, histo

ryo

rpoe

try, histo

ryo

r books on any subjectbooks on any subject


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Literary workLiterary work

Literary work is not confined to works ofLiterary work is not confined to works ofliteratureliterature

It includes all works expressed in writing withIt includes all works expressed in writing with-- literary merit or notliterary merit or not

Examples:Examples: Arithmetic tables, football coupons, logarithmicArithmetic tables, football coupons, logarithmic

tables, railway timetable, telephonic directories,tables, railway timetable, telephonic directories,and IT returns are considered, as literary workand IT returns are considered, as literary work--therethereis no senseofbeautyis no senseofbeauty

Literary work must beexpressed in someLiterary work must beexpressed in somematerial formmaterial form writing/ printing/ symbolswriting/ printing/ symbols


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Inclusive wordsInclusive words -- LWLW

Computer, computer programmes andComputer, computer programmes and

computer databasecomputer database added inadded in

1984,1994 and 19991984,1994 and 1999

1994 amendment substituted a new1994 amendment substituted a new

definitiondefinition includes computerincludes computer

programmes, tables, and compilationprogrammes, tables, and compilationincluding computer databasesincluding computer databases


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LW includesLW includes

1.1. Shorthand and BrailleShorthand and Braille

2. Head notes, clear and concise principles of2. Head notes, clear and concise principles ofLaw, preparation ofhead notes, side noteLaw, preparation ofhead notes, side note

ormarginal notes ofa report ofaormarginal notes ofa report ofa

Judgment requires skill and thoughtJudgment requires skill and thought

3. Copyright subsist in COMMENTARIESon3. Copyright subsist in COMMENTARIESon

ActsActs


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LW includesLW includes4. Copyrights subsist in Letters4. Copyrights subsist in Letters--PrivatePrivate

letters, commercial letters andletters, commercial letters andgovernment lettersgovernment letters

5. Preparation ofquestionnaire5. Preparation ofquestionnaire

6. COLLECTIVE WORK:6. COLLECTIVE WORK: It must beoriginal involvement of labour, skill andIt must beoriginal involvement of labour, skill and

judgmentjudgment It consist ofa mixtureof literary and artisticIt consist ofa mixtureof literary and artisticmaterial orexclusively artistic materialmaterial orexclusively artistic material

Dictionaries involve skill, labouretc.Dictionaries involve skill, labouretc.


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LW includesLW includes

7. Research Thesis and Dissertation7. Research Thesis and Dissertation

8. Religious preaching8. Religious preaching

9. News reports9. News reports

10. Catalo

gues10. Catal

ogu

es11. Code words for cabling purposes11. Code words for cabling purposes

12. Game Rules12. Game Rules -- housie gamehousie game

13. Almanac or panchang13. Almanac or panchang

14. Lectures delivered14. Lectures delivered


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Exceptions to LWExceptions to LW

No CR protectionNo CR protection thefollowing worksthefollowing works

Historical workHistorical work

Reports of judicial proceedingsReports of judicial proceedings Single letteror wordSingle letteror word

Titleofbooks, TV Programmes, CartoonsTitleofbooks, TV Programmes, Cartoons

Pocket diaries, calendarsPocket diaries, calendars Speech or lecture deliveredSpeech or lecture delivered

SlogansSlogans


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DEFINITIONDEFINITION

Sec. 2(h)Sec. 2(h) ofCR Act, 1957ofCR Act, 1957-- DW includesDW includes

Any piecefor recitation, choreographicAny piecefor recitation, choreographic

work and entertainmentwork and entertainment

In dumb showIn dumb show

The scenic arrangement or acting formofThe scenic arrangement or acting formof

which iswhich is -- in writing orotherwisein writing orotherwise

It doesnt include a cinematographic filmIt doesnt include a cinematographic film

The script or scenarioforThe script or scenariofor

cinematographic film is DWcinematographic film is DW


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AdaptationAdaptation

Adaptation in relation to DW means asAdaptation in relation to DW means asdefined underdefined underSec. 2 (a)Sec. 2 (a) that isthat is Conversion of the work into a nonConversion of the work into a non--DWDW

The abridgement ofany workThe abridgement ofany work

In which story or action is conveyedIn which story or action is conveyed

Wholly ormainly by means ofpictureWholly ormainly by means ofpicture

In a form suitablefor reproductionIn a form suitablefor reproduction In bookIn book

In news paperIn news paper

MagazineMagazine

Similar periodicalSimilar periodical


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DW includesDW includes

CHOREOGRAPHY:CHOREOGRAPHY: It is the art ofarranging or designing ofballet or stage dance inIt is the art ofarranging or designing ofballet or stage dance in

symbolic languagesymbolic language

SCENIC ARRANGEMENTS OR ACTING:SCENIC ARRANGEMENTS OR ACTING:

Scenic effects or stage situations must be reduced in to someScenic effects or stage situations must be reduced in to somepermanent formpermanent form

Costumed used by actorsCostumed used by actors --formofdrawingformofdrawing --as artistic workas artistic work

GAGS:GAGS: Gags are an actors interpolations in dramatic dialogue are notGags are an actors interpolations in dramatic dialogue are not

the subject matterofCRthe subject matterofCR -- not permanentnot permanent

BALLET:BALLET: Theelements ofballet aremusic, the story, choreography,Theelements ofballet aremusic, the story, choreography,

scenery and the costumesscenery and the costumes

It includes composite workIt includes composite work


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DRAMA or FILM BASED ONDRAMA or FILM BASED ONNEWSPAPER ARTICLE:NEWSPAPER ARTICLE:

Theform, manneror arrangement ofaTheform, manneror arrangement ofadrama and movie arematerially differentdrama and movie arematerially differentfrom a newspaper articlefrom a newspaper article

There is substantial dissimilarity in aThere is substantial dissimilarity in a

newspaper article and in a stage play ornewspaper article and in a stage play ormoviemovie

The difference is by natureof themedia,The difference is by natureof themedia,modeofexpression of the ideamodeofexpression of the idea


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Artistic WorkArtistic Work

Sec. 2 : AW meansSec. 2 : AW meansi.i. Painting, Sculpture, drawing (including aPainting, Sculpture, drawing (including a

diagram, map, chart, or plan) an engraving ordiagram, map, chart, or plan) an engraving or

a photographa photograph

ii.ii. Work ofarchitecture andWork ofarchitecture and

iii.iii. Any other work ofartistic craftsmanshipAny other work ofartistic craftsmanship

It is concerned with visual imageIt is concerned with visual image

Mc Donalds CorpMc Donalds Corp Letter M in a particular styleLetter M in a particular style respondentrespondent

Injunction was grantedInjunction was granted


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Sculpture & EngravingSculpture & Engraving

SculptureSculpture -- casts and modelscasts and models

Chiseling stone, carving wood, modelingChiseling stone, carving wood, modeling

clay, casting metal or similar processclay, casting metal or similar process CR subsist in original sculptureCR subsist in original sculpture

Engraving: wood cuts, printsEngraving: wood cuts, prints

Art of inscribing or carving figureArt of inscribing or carving figure handhand

surface, metal surfacesurface, metal surface Engraving on a plateEngraving on a plate stone, block, mould,stone, block, mould,

rubberorothermaterialrubberorothermaterial


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PaintingPainting

It is artistic workIt is artistic work no qualityno quality

It is a product ofart representing,It is a product ofart representing,

depicting colours on surfacedepicting colours on surface

Facial painting is not paintingFacial painting is not painting

It includes e painting alsoIt includes e painting also


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DrawingDrawing

Copyright law also protectsCopyright law also protects

Maps, plans, charts, diagramsMaps, plans, charts, diagrams

Without reference to artistic qualityWithout reference to artistic quality

Word drawing is not definedWord drawing is not defined any kid ofany kid of

drawingdrawing mechanical orengineeringmechanical orengineering

Drawing includesDrawing includes circuit diagrams,circuit diagrams,derivative drawing (earlierversionderivative drawing (earlierversion))


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PhotographPhotograph

Photolithograph or any work produced byPhotolithograph or any work produced byany process analogous to photographyany process analogous to photography

Itm

ust beo

riginalItm

ust beo

riginal o

riginally taken by th

e

originally tak

en by th

ephotographerphotographer

Public objectPublic object pubic buildingpubic building subjectsubjectmatterofCRmatterofCR

Xerox

co

pyof

pho

to

graphXerox

co

pyof

pho

to

graph no

pro

tecti

onn

opro

tecti

on

Photograph ofcrowdPhotograph ofcrowd no permissionno permission


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Works of architectureWorks of architecture

Sec. 2 (b): any building or structureSec. 2 (b): any building or structure

Design ormodel ofbuilding or struDesign ormodel ofbuilding or stru

Must have artistic characteror designMust have artistic characteror design


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Works of artistic craftsmanshipWorks of artistic craftsmanship

Artistic CraftsmanshipArtistic Craftsmanship

Include hand painted tiles, stainedInclude hand painted tiles, stainedglass windowsglass windows

Do not includeDo not include Photo typeor commercial furniturePhoto typeor commercial furniture

Work ofcobblerWork ofcobbler

Pro

ductsof

carpenter, paint

er, b

ookPr

oducts

ofcarp

enter, paint

er, b

ookbinder & weaversbinder & weavers


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Definition of Musical workDefinition of Musical work

Sec. 2 (p):Sec. 2 (p):

Work consisting of music andWork consisting of music and

Includes any graphical notationIncludes any graphical notation

Does not include any word or any actionDoes not include any word or any action

included to be sung, spoken or performedincluded to be sung, spoken or performed

with musicwith music

Sec. 14 (a): Copyright subsist in originalSec. 14 (a): Copyright subsist in original

musical work or its adaptationmusical work or its adaptation


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Originality and adaptationOriginality and adaptation

Originality requires skill, labour, and talentOriginality requires skill, labour, and talent

It needs some kind ofcreativityIt needs some kind ofcreativity

Adaptation means arrangement orAdaptation means arrangement ortranscription of the worktranscription of the work Arrangement includes arranging music, by addingArrangement includes arranging music, by adding

accompaniments, new harmonies, new rhythmsaccompaniments, new harmonies, new rhythmsand transcribing it for different musical forcesand transcribing it for different musical forces

Exam: selecting and arranging old tunes,Exam: selecting and arranging old tunes,orchestrating, ormaking a piano reductionorchestrating, ormaking a piano reduction

Technological changes in themusical industryTechnological changes in themusical industrybrought a new generation of copy culturebrought a new generation of copy culture


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CINEMATOGRAPHIC FILMCINEMATOGRAPHIC FILM

Sec. 2 (f):Sec. 2 (f): defines the termdefines the termCinematographic FilmCinematographic Film--meansmeans1.1. Any work ofvisual recordingAny work ofvisual recording

2.2. On any medium produced throughOn any medium produced through

3.3. A process from whichA process from which

4.4. A moving imagemay be produced by anyA moving imagemay be produced by anymeans andmeans and

5.5. It includes sound recording accompanyingIt includes sound recording accompanyingsuch visual recordingsuch visual recording

6.6. Any work produced by any process analogusAny work produced by any process analogusto cinematograph including videofilmto cinematograph including videofilm


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ORIGINAL WORKORIGINAL WORK

Nothing is mentioned under this Act thatNothing is mentioned under this Act that

thefilm

sho

uld beo

riginal as in the

caseof

thefilm

sho

uld beo

riginal as in the

caseof

literary, artistic and musical workliterary, artistic and musical work

Any substantial part of thefilm is anAny substantial part of thefilm is aninfringement ofany others copyrightinfringement ofany others copyright nonocopyright subsist in that filmcopyright subsist in that film

Cinematographic Film should originateCinematographic Film should originatefrom the producer and not a copy ofsomefrom the producer and not a copy ofsomeother copyrighted workother copyrighted work


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ACTORSACTORS

Film includes performance by various actors,Film includes performance by various actors,dancers, singers and othersdancers, singers and others

Their permission is required tofilm theirTheir permission is required tofilm theirperformanceperformance

This is done by separate contract with theThis is done by separate contract with theperformerperformer

The Copyright (Amendment) Act, 1994 recognizedThe Copyright (Amendment) Act, 1994 recognizedcertain special rights ofperformers calledcertain special rights ofperformers calledPerformers Rights as underSec. 38Performers Rights as underSec. 38


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SOUND RECORDINGSOUND RECORDING

Sec. 2 (xx):Sec. 2 (xx): Sound recording meansSound recording means1.1. Recording ofsound from which sounds may be producedRecording ofsound from which sounds may be produced

2.2. Regardless of themediumon which such recording wasRegardless of themediumon which such recording was

mademade Themethod by which the sounds are producedThemethod by which the sounds are produced

Copyrights will not subsist in any sound recording madeCopyrights will not subsist in any sound recording madein respect of literary, dramatic ormusical workin respect of literary, dramatic ormusical work

Musical work and sound recording embodying themusicMusical work and sound recording embodying themusicare considered separate subject matterofCRare considered separate subject matterofCR

CR in the recording ofmusic is separatefrom the CR inCR in the recording ofmusic is separatefrom the CR inthemusicthemusic


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The CR in music recorded vests in theThe CR in music recorded vests in theproducerofsound recordingproducerofsound recording

Where

so

ngs has no

t bee

n written d

own andWh

ere

so

ngs has no

t bee

n written d

own andthe composer who is the performer recordsthe composer who is the performer records

the songthe song

Two CRs comes in toexistenceTwo CRs comes in toexistencesimultaneously onefor themusicsimultaneously onefor themusic

Onefor sound recordingOnefor sound recording


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1.TERM OF CR IN LITERARY,1.TERM OF CR IN LITERARY,DRAMATIC, MUSICAL OR ARTISTICDRAMATIC, MUSICAL OR ARTISTICWORKWORK Work is published in the lifetimeof theWork is published in the lifetimeof the

autho

r CR subsist during the

life

time

of

theauth

or CR subsist during th

elife

time

of

theauthor + until 60 years from the beginning ofauthor + until 60 years from the beginning of

Calendar year (1st January)Calendar year (1st January)--next followingnext followingyear in which the author diesyear in which the author dies

In caseofJoint authorship the 60 yearsIn caseofJoint authorship the 60 yearsperiod will commence after the death of theperiod will commence after the death of theauthor who dies lastauthor who dies last


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4.TERM OF CR IN PHOTOGRAPH4.TERM OF CR IN PHOTOGRAPH CR in photograph subsist until 60 yearsCR in photograph subsist until 60 years

5.TERM OF CR IN CINEMATOGRAPHIC5.TERM OF CR IN CINEMATOGRAPHICFILMFILM

Until 60 years from the beginning of theUntil 60 years from the beginning of theCalendarCalendar

6.TERM OF CR IN SOUND RECORDING6.TERM OF CR IN SOUND RECORDING

60 years in which the record is published60 years in which the record is published


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7.TERM OF CR IN GOVERNMENT WORK7.TERM OF CR IN GOVERNMENT WORK Government is theownerof the 1st CR, CR subsistGovernment is theownerof the 1st CR, CR subsist

until 60 yearsuntil 60 years

8.TERM OF CR IN WORK OF PUBLIC8.TERM OF CR IN WORK OF PUBLICUNDERTAKINGUNDERTAKING CR will subsist for 60 years from the year in whichCR will subsist for 60 years from the year in which

it is 1st publishedit is 1st published

9.TERM OF CR IN WORK OF INTERNATIONAL9.TERM OF CR IN WORK OF INTERNATIONALORGANISATIONORGANISATION CR subsist until 60 years from the beginning of theCR subsist until 60 years from the beginning of the

Calendar year next following the year in which theCalendar year next following the year in which thework is 1st publishedwork is 1st published


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10. BROADCAST REPRODUCTION RIGHTS10. BROADCAST REPRODUCTION RIGHTS The broadcasting reproduction rights shall subsistThe broadcasting reproduction rights shall subsist

until 25 years from the calendar year next followinguntil 25 years from the calendar year next following

the year in which the broadcast is madethe year in which the broadcast is made

11.PERFORMERS RIGHTSofperformers11.PERFORMERS RIGHTSofperformers

subsist until 50 years from the beginning of thesubsist until 50 years from the beginning of the

Calendar year next following the year in whichCalendar year next following the year in which

the performance is made.the performance is made.


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AuthorAuthor -- OwnerOwner

Person whoowns a book or itsPerson whoowns a book or its

manuscript is not necessarily themanuscript is not necessarily the

owners ofCR there inowners ofCR there in Authorof the work is the 1st ownerofAuthorof the work is the 1st ownerof

the CR in the workthe CR in the work

This rule has certain EXCEPTIONSThis rule has certain EXCEPTIONS Author an Employee, work made inAuthor an Employee, work made in

the courseofemploymentthe courseofemployment


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First ownerFirst owner

Section 17 of the ActSection 17 of the Act

Author is first ownerAuthor is first owner

UnlessUnless

Work made as an employeeWork made as an employee

Commissioned workCommissioned work

Government work orofpublicGovernment work orofpublicundertakingundertaking

OtherexceptionsOtherexceptions


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AuthorAuthor

Authorof the work is first ownerofCR Sec.Authorof the work is first ownerofCR Sec.1717

Author in relation tovarious worksAuthor in relation tovarious works-- Sec. 2Sec. 2(d)(d) Name the author in thefollowingName the author in thefollowing

1.1. Literary/dramatic workLiterary/dramatic work

2.2. Musical workMusical work

3.3. Artistic workArtistic work

4.4. Pho

to

graphPho

to

graph5.5. Cinematographic filmCinematographic film

6.6. Sound recordingSound recording

7.7. Work created by computerWork created by computer


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Procedure to obtain CRProcedure to obtain CR

Application in triplicateApplication in triplicate

Applicant to serve notice of his applicationApplicant to serve notice of his application

to every one who has any interest in theto every one who has any interest in thesubject mattersubject matter

ObjectionObjection received by Registrar of CR inreceived by Registrar of CR in30 days30 days inquiryinquiry

No objectionsNo objections enter in registerenter in register

RegistrarRegistrar send copies to the partiessend copies to the parties


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AuthoritiesAuthorities -- remediesremedies

CR OfficeCR Office -- RegistrarofCRRegistrarofCR

CR BoardCR Board Chairman +2/moreChairman +2/more

personspersons RemediesRemedies

InjunctionsInjunctions

Accounts ofprofitAccounts ofprofit

Administrative remediesAdministrative remedies

Criminal remediesCriminal remedies


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IPR 1 GIM stu