Basic Principles of Intellectual Property and Copyright Law

Basic Principles of Intellectual Property and Copyright Law - Aishwarya Bedekar and Ritvik M. Kulkarni

Today’s Agenda Understanding the Concept of IP and Copyright Law

WIPO’s Take on Things “Intellectual property (IP) refers to creations of the mind , such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

The Last Time We Saw. . . INTELLECTUAL (Labour) Using the unique quality of applying one’s mind or intellect PROPERTY Give rise to an a good/article capable of being owned by that person RIGHT Given by the. S law to be able to protect ownership in those articles and enforce against those who violate them

Brand/Name/Symbol/Logo Trademark Creative And Original Goodwill In Commerce Intellect Literary/Artistic Work Innovative And Novel Invention Mechanical And Copyright Employed Intellect Patent

© So ? t h g i opyr C S I T A H W

Copyright � Copyright is a negative right granted by the government of a country to the creator of an original work. � It is purely a creation of statute and its application is territorial in nature. � An original work does not need to be novel (as is required to be an invention), it is only required to be an original creation by the author as a direct result of her intellectual effort. � Copyright holder gets the exclusive right to inter alia reproduce, distribute, sell and give for hire the copyrighted work � She can also license or assign all these rights to another person(s) in exchange for royalty or for a lump sum amount

Copyrightable Works Literary Works Cinematograph Films Music and Sound Recordings Computer Programs/ Software Artistic Works

Tracing Origins The Earliest recorded case-law on copyright was from Ireland. The Cathach is the oldest Irish manuscript of the Psalter. It was traditionally ascribed to Saint Columba as the copy of psalter lent to St. Columba by St. Finnian. Dispute arose about the ownership of the copy and King Diarmait Mac Cerbhaill gave the judgement: "To every cow belongs her calf, therefore to every book belongs its copy. "

Statute of Anne • • An act of Parliament of Great Britain. First statute for copyright provided by government States the nature of copyright. • RIGHT GRANTED: To copy, to have sole control over printing and re-printing of books. •

Anne’s Foresight Most extensions to Copyright law are based on the Statute of Anne. Exhaustion and Parallel Import : In 1739 , provisions made to prohibit import of foreign books and books that were originally published in Britain and cheap copies of those were made and shipped from other countries to Britain and Wales. Subject Matter of copyright law was expanded. Engravings, cloth, sculptures, performance of music and plays were included. Thomas Noon Talfourd proposed to extend term of copyright for life plus 60 years. The proposition was rejected.

The Berne Convention 1. 2. 3. Berne Convention for the Protection of Literary and Artistic Works, an international agreement accepted in Berne, Switzerland, 1886. Agreement required members to provide for strong minimum standards of copyright law. Internationalized Copyright among signatories. Protection under the convention applies to nationals of signatory country.

1. 2. 3. The Berne Convention followed the footsteps of Paris Convention for Protection of Industrial Property, 1883. In 1893, the administrative bureau of the two conventions merged and formed the United International Bureaux for the protection of Intellectual Property (BIRPI). In 1967, it became the World Intellectual Property Organisation (WIPO), and in 1974, became an organisation within the United Nations.

The Nature of Copyright Adaptation of work. BUNDLE OF RIGHTS Right to reproduction of work. Communication and distribution of work to public. Translation of work. Protection and Remedy Against Infringement

IRAC Your Brains R. G Anand vs M/S. Delux Films & Ors Can an Idea be protected by Copyright? If not, how can it be protected?