What is Intellectual Property?

Intellectual Property (IP) refers to creation of the mind, such as inventions,

literary and artistic works, designs and symbols, names and images used in
commerce.
Intellectual Property includes Patents, Designs, Trade Marks, Copyright,
Confidential Information and Industrial Know-how.
• Patent related to novel products or processes of manufacturing a product.
• Design related to the non-functional appearance of a product which appeals
solely to the eye.
• Trade Mark consist of word, name, device or get-up used in relation to
particular goods to indicate the source of manufacture or trade origin of the
goods.
• Copyright related to original literary, dramatic, musical and artistic work,
cinematograph films and sound recordings.
 Intellectual
Property

Industrial
Copyright
Property

Industrial Geographical
Patent Trade Marks
Design Indication
 COPYRIGHT
What is Copyright?
Copyright means the exclusive right to do or authorise others to do certain
acts in relation to original, literary, dramatic, musical and artistic work,
cinematograph film and sound recordings.

Mark of Copyright - ©
Introduced in 1952 by Universal Copyright Convention.

Doctrines to test Copyright Protection -

• Sweat of Brow Doctrine- An author gains rights through simple diligence
during the creation of a work.
• Modicum of Creativity Doctrine- The minimal amount of creativity
required for a work to be eligible for copyright protection.
 Protection of Copyright

Literary works
Dramatic works
Musical works
Artistic works
Typographic works
Cinematograph Films
Broadcasts
Sound recording
 Legislation
Copyright Act, 1957 ( Latest Amendment 2012).
Came into force 21st January 1958
Amended 6 times (1983, 1984, 1992, 1994, 1999 & 2012).
2012 Amendment makes it complaint to WCT [World Intellectual Property
Organisation (WIPO) Copyright Treaty]and WPPT [WIPO Performance &
phonograms Treaty]
The Act includes the definition of Computer Software in its ambit [Microsoft
Corporation v. Ms. K. Mayuri, 2007(35) PTC 415 (DEL)].

Copyright Authorities –
• Copyright Office
• Copyright Board
• Copyright Society
 Two types of Rights in Copyright

Economic Rights – Several exclusive rights typically attach to the holder of a copyright-
• To produce copies or reproduction of the work and to sell those copies including typically,
electronic copies.
• To import or export the 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 Rights - Rights to be identified as the creator and the right to prohibit destruction
or degradation of the work. Even after economic rights are transferred moral rights still
belong to the author [Amar Nath Sehgal v. Union of India 2005 (30) PTC 253
(Del)].
 Ownership

General rule is that the author of the property shall have ownership on the
property. But if the work is created within the scope of the employment, the
copyright is held by the employer not the employee (Section -17).

The Moral right shall still remain with the author-

Case Law – V.T Thomas and ors. V. Malayala Manorama Co. Ltd (AIR 1989
Ker 49) – Cartoon named “Boban and Molly”; which was created before starting
employment at Manorama so the copyright is held by V.T Thomas and not the
employer.
 Registration
Copyright Protection is given as soon as the work comes into existence
Registration of Copyright is not compulsory (Nav Sahitya Prakash and Ors. V.
Anand Kumar and Ors.).
Section- 44 directs the copyright office to maintain a register of the registration
with the title of work and author’s details.
Section- 45 read with Rule 16 of Copyright Rules mention about the registration
process of Copyright.

Example: This Material/pdf prepared by

copyright 2024 Microsoft Corporation
Benefits of Copyright Registration

Safeguard of owner
Legal Protection
Economic Stability
Brand Value
Owner Publicity
Worldwide Protection
Copyright is an Asset
 Terms of Copyright [Section 22 to 29]
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 recording
• Musical • Photographs
• Artistic Work • Posthumous Publication
• Work of government & International
organizations
 Counterfeiting to Copyright

Counterfeit Mark- The production of certain brand watches/bags by putting a

false label and sold at low prices.

Counterfeit Product- Copies of articles, similar to the original under a different

name.

Infringement mixed- Copy for both the model and brand.

Infringement of Copyright- Copying or using the work of another creator

without his prior permission.
 Infringement
Unauthorized use of works or unauthorized reproduction without
permission of the Copyright holder (Section- 51).
Infringement could also be of the moral rights.
A person without obtaining the authority from the copyright holder
reproduces his work in any form.
A person imports infringing copies of a work.

Exceptions
Public Domain Work- Works which do not have protection or which
have an expired Copyright or orphan works after granting of
Compulsory License.
Fair Use Doctrine- Use for educational and non-commercial purpose
with certain restrictions e.g. review, research, teaching parody etc.
Permission
Fair Use Doctrine [Section 52]

For the purpose of research or private study

For learning & teaching in a classroom
For criticism or overview
For reporting current events in a newspaper etc.
In connection with judicial proceeding
Performance to non-paying audience
Making back up copies purely as a temporary protection against loss & damage
Other specific conditions
 Remedies

REMEDIES

CRIMINAL CIVIL ADMINISTRATIVE

Criminal Remedies (Section 63 - 69) – Punishment

• First Offence- 6 months to 3 years, fine- 50k to 2 lakh.
• Subsequent Conviction- 1year to 3 years, fine- 1 lakh to 3 lakhs.
• Cognizable Offense – Sub Inspector and above may if he is satisfied that an
offence has been committed, seize without warrant, all copies of the work and the
equipment use for making infringing copies of the work.
 Remedies

Civil Remedies (Section 54 – 62)

• Damages
• Injunctions – Temporary, Permanent or Interlocutory Injunction (Order xxxix,
Civil Procedure Code, 1908).

Administrative Remedy – It consist of moving the Registrar of Copyrights to ban

the importation and the delivery of the confiscated infringing copies to the owner
of the copyright and seeking the delivery.
 Jurisdiction of Court

Civil Jurisdiction (Section- 62): A suit or other civil proceedings relating to

infringement of Copyright is filed in the District Court or High Court within
whose jurisdiction the plaintiff resides or carries on business or where the cause of
action arose irrespective of the place of residence or place of business of the
defendant.
Criminal Jurisdiction (Section-70): This Section of the Indian Copyright Act
1957 states that no Court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offense under this Act.

Limitation
The period of limitation for filing the suit is 3 years from the date of infringement.
 Procedure

Civil Procedure-
The civil case will start through filing a suit by a plaintiff in a court. According to
the subject matter, the court can issue a temporary injunction (Order-39). Then the
court can appoint a Receiver (Order-40) if the case requires. The court will send
summons under Order-5. Then the defendant submitted the written statement along
with counterclaim (Order- 6A) and set off (Order- 6). Next discovery of document
(Order- 11) and production of document (Order-13) before the court. Then the
issue will frame (Order-14). After that the court may call the witnesses. Next will
start an argument between both parties. Then the judge can pronounce judgement
and finally pass the decree (Section- 2(2) and Order- XX). After decree a payment
order passed by the Registrar of Copyrights and Copyright Board shall have effect
as a decree under Order 21 of the Civil Procedure Code, 1908.
 Procedure
Criminal Procedure-

The procedure as laid down under The Bharatiya Nagarik Suraksha Sanhita,
2023 so far as it is consistent with the provisions of the Copyright Act apply in case
of infringements.
First, the offence will be categorized as per Schedule 1 of the BNSS. Sections 65,
65A, 65B, 67 and 68 of the Copyright Act are non-cognizable and bailable as they
entitle imprisonment of less than three years. Offences under Sections 63, 63B, and
68A of the Copyright Act provide for imprisonment up to three years and as per the
table above, should fall under the 1st Schedule and accordingly cognizable and non-
bailable. Search and seizures are governed Section 185, 103(2) of BNSS read with
Section 64 of Copyright Act.
The complaint will start through FIR under section 173 or 174(2) or 223 of The
Bharatiya Nagarik Suraksha Sanhita, 2023. Then the investigation follows the
procedure laid down in Chapter XIII of the BNSS. The charge sheet is filed under
Section 193 after which the court will take cognizance of the offence under Section
210. Depending on the offence and the punishment laid down under the Copyright
Act, the Court will proceed with the trial, following either a summons or a warrant
procedure. Section 51, 63, 63B, 68 of the Act follows a warrant procedure whereas
Section 65, 65A, 65B, 67, 68 follow the Summons procedure.
 Case Laws
In India:
• Saregama India Ltd. v. Sanjay Bansal Appeal (crl.) 1453 of 2007: In this case,
Saregama India, a prominent music company, filed a copyright infringement suit
against Sanjay Bansal, who was selling unauthorized copies of copyrighted sound
recordings. The court ruled in favor of Saregama India, ordering Bansal to pay
damages and cease the unauthorized distribution of copyrighted music.
• Super Cassettes Industries Ltd. v. Myspace IA No.15781/2008 & IA No.
3085/2009 in CS (OS) No. 2682/2008, decided on 29 July, 2011: Super Cassettes
Industries, commonly known as T-Series, filed a copyright infringement suit
against Myspace Inc., a social networking website. T-Series claimed that Myspace
allowed its users to upload and share copyrighted songs without obtaining proper
licenses. The court held that Myspace was liable for copyright infringement and
directed the platform to implement measures to prevent unauthorized sharing of
copyrighted content.
 Case Laws
 Outside India:
• BMG Rights Management v. Cox Communications No. 16-1972 (4th Cir. 2018): BMG filed suit
against Cox, alleging copyright infringement, seeking to hold Cox contributorily liable for infringement
of BMG's copyrights by subscribers to Cox's Internet service. On appeal, The Fifth Circuit held that Cox
was not entitled to the safe harbor defense under section 512(a) of the Digital Millennium Copyright Act
(DMCA), 17 U.S.C. 512(a), because it failed to implement its policy in any consistent or meaningful
way. The court held that the district court did mistake in charging the jury as to the intent necessary to
prove contributory infringement. Accordingly, the court affirmed in part, reversed in part, vacated in
part, and remanded.
• Cambridge University Press v. Albert (2018): Officials of Georgia State University (GSU) copied
excerpts from some books and digitally distributed them to their students for academic purposes. So the
publishers of those books (Cambridge University Press, Oxford University Press and Sage Publications)
sued GSU for infringing on their copyrights in seventy-four different instances within three academic
terms in 2009. The matter was taken to the District Court. There, the judge analyzed the alleged seventy-
four instances of copyright infringement. Eventually, the court ruled that only five of those instances
were valid because the publishers failed to sue GSU the first twenty-six times the university allegedly
infringed on their copyrights and the fair use defense applied in forty-three instances. The fair use
defense applies when the accused copies a part of the copyrighted work in order to criticize, comment
on or parody it. In this case, GSU officials distributed those excerpts to the students for academic
criticism. Therefore, the court issued an order preventing GSU from copying and distributing excerpts
from the books in question in the future. When the publishers appealed to an appellate court, the district
court’s judgment was reversed and the case was remanded on appeal.
Thank You