Summary:
The article provides a tabular comparative study of copyrights, patents and trademarks in India. The study gives information on the relevant rules, applicant eligibility,duration and the process of application for Patents, Copyrights and Trademarks in India. A tabular study is also shown on the views of the performance of the enforcement authority, public awareness of copyrights, responses of end users of pirated products and their knowledge of the punishment of piracy.
Keywords:
Study of copyrights, patents, trademarks in india, information on the relevant rules, applicant eligibility, duration and process of application for patents, copyrights and trademarks, punishment of piracy
Author:
The author is an advocate and writer in Mumbai.
A COMPARATIVE ANALYSIS OF PATENTS, COPYRIGHT AND TRADEMARKS.
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PATENTS |
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COPYRIGHTS |
TRADEMARKS |
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The Relevant Indian Law. |
The Patents Act, 1970. [As amended by the Patents (Amendment) Act, 1999,2002 and 2005 |
The Copyright Act, 1957. |
The Trade Marks Act, 1999. |
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The Relevant Rules. |
The Patents Rules, 1972. [As amended by the Patents (Amendment) Rules, 1999, 2003, and 2006. |
The Copyright Rules, 1958. |
The Trade Marks Rules, 2002. |
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Who Can Apply? |
[Section 6]
(a) The true and first inventor of the invention, OR
(b) An assignee of the true and first inventor, OR
(c) The legal representative of any deceased person who immediately before his death was entitled to make such an application. |
[Section 45]
The Author of the work, OR
The Publisher of the work, OR
The Owner of the work, OR
Any other person interested in the work. |
[Section 18]
Any person claiming to be the proprietor of a trademark used or proposed to be used by him. |
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PATENTS
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COPYRIGHTS |
TRADEMARKS
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Term / Duration. |
[Section 53]
20 Years from the date of filing of Application for Patent.
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[Section 22 – 29]
(a) In respect of literary, dramatic, musical or artistic work (other than Photograph) published within the lifetime of the author;
60 Years from the beginning of the Calendar year next following the year in which the author dies.
(b) In respect of Photographs or Cinematograph Films or Sound Recordings.
60 Years from the beginning of the Calendar year next following the year in which they are published.
(c ) In respect of Government Work, Works of Public Undertakings or Works of International Organisations.
60 Years from the beginning of the Calendar year next following the year in which the work is first published. |
Section 25]
10 Years
(May be renewed for 10 Years from the date of expiration of original / last renewal of the registration.) |
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PATENTS |
COPYRIGHTS |
TRADEMARKS |
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PROCEDURE FOR APPLICATION
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(a) Persons entitled to apply.
(b) Form of Application.
(c) List of Forms.
(d) Fees. |
§ Section 6
Section 7 of the Act,
Rule 8 of the Rules.
SECOND SCHEDULE
FIRST SCHEDULE
(Rule 7) |
Section 45
Rule 16
FIRST SCHEDULE
SECOND SCHEDULE (Rule 26) |
§ Section 18
§ Rule 12
SECOND
§ FIRST |
Table 1: Views on Performance of the Enforcement Authority by Different Target Groups
Note: Figures in brackets show percentage to the Total.
Source: NPC Survey |
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Table 2: Public Awareness of Copyright as perceived by various Target Groups
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Source: NPC Survey |
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Table 3: Responses of End users regarding buying of Pirated Products.
Statement 1: There is nothing wrong in buying pirated product so long the product satisfies users requirements and priced less than original
Statement 2: One should not buy pirated product even if it is available at a lower price because it is detrimental to the interests of the rightholders and the society.
Source: NPC Survey |
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Table 4: Responses of end users regarding knowledge about the punishment on Buying Pirated products.
Source: NPC Survey |
Bibliography:
Books referred:
• Copinger and Skone James on Copyright, Sweet & Maxwell, London, 1999
• Cornish, W.R., Intellectual Property: Patents, Copyright, Trademarks and Allied Rights, Sweet & Maxwell, London, 1999
• Kailasam K C, Trademarks and Geographical Indications, Wadhawa and Company, Nagpur, 2003
• Lai's The Copyright Act, Law Publishers (India) Pvt. Ltd, Allahabad, 2002
• Narayanan P., Copyright and Industrial Designs, Eastern Law House, Kolkata, 2002
References:
• The file of the case: Gramophone Company of India Ltd v/s Super Cassettes Industries Ltd.
• Directory of Intellectual Property Offices, maintained by World Intellectual Property Organization (WIPO)
• National Productivity Council : NPC survey
Websites
• http://www.copyright.com.au/infringement.htm
• http://laws.justice.gc.ca/en/C-42/39129.html
• http://www.indiainbusiness.nic.in/technology-exchange/copyrights.htm
• http://www.copyright.gov/title17/92chap1.html#101
• http://en.wikipedia.org/wiki/Fair_use
• http://en.wikipedia.org/wiki/Copyright
• http://www.patent.gov.uk/copy/notices/2002/guidance2.htm
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Tags :Intellectual Property Rights
