What are the main differences between Berne Convention and Madrid Protocol. For Intellectual property rights which one is best suited for India ? Is there any positive measures taken in this regards?
N.K.Assumi (Advocate) 13 May 2009
What are the main differences between Berne Convention and Madrid Protocol. For Intellectual property rights which one is best suited for India ? Is there any positive measures taken in this regards?
Rohan Rohatgi (Advocate) 13 May 2009
The Berne Convention relates to protection of literary and artistic works whereas the Madrid Protocol is with respect to the international registration of marks. The subject matter of both is totally different, the Berne Convention relates to copyrights whereas the Madrid Protocol relates to trademarks.
India has already acceded to and ratified the Berne Convention and the Copyright Act, 1957 is in conformity with the Berne Convention. With regards to the Madrid Protocol, a bill was recently introduced in the Parliament and when passed, we shall confirm to the Madrid Protocol as well.
N.K.Assumi (Advocate) 13 May 2009
Thank you Rohan, for your valuable responds.
US Copyright office if you want to genuinely protect your work. If you write screenplays then file it on Writer's Guild of America West. https://www.wga.org. You will get a certificate post haste.
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