Unit 1- Copyright in India

Copyright in India

The copyright in India has travelled a long way since it was introduced during the British rule.

The first law on copyright was enacted in the year 1847 by the then Governor General of India.

When Copyright Act 1911 came into existence in England, it became automatically applicable to India, being India an integral part of British Raj.

This act was in force in the country until after independence when a new

copyright act (the Act of 1957) came into effect in 1958.

Thereafter the Act has undergone many amendments. The latest in the series is the 1994 Amendment, which came into force in May 1995.

The Indian Copyright Act confers copyright on

(i)               original literary, dramatic, musical and artistic works,

(ii)              cinematographic films and

(iii)             sound recordings.

The word `original' means that it should not be copied

History of Indian Patent System

1856   

THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW MANUFACTURERS FOR A PERIOD OF 14 YEARS.

1859

THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES (MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION).

1872    THE PATENTS & DESIGNS PROTECTION ACT.

1883    THE PROTECTION OF INVENTIONS ACT.

1888    CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT.

1911    THE INDIAN PATENTS & DESIGNS ACT.

1972    THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972.

1999    ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-01-1995.

2002    THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003

2005    THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005

Design Act, 2000.

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder.

It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country.

The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark.

The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.

Every region has its claim to fame.

Christopher Columbus sailed from Europe to chart out a new route to capture the wealth of rich Indian spices.

English breeders imported Arabian horses to sire Derby winners.

China silk, Dhaka muslin,Venetian Glass all were much sought after treasures.

Each reputation was carefully built up and painstakingly maintained by the masters of that region, combining the best of Nature and Man, traditionally handed over from one generation to the next for centuries.

Gradually, a specific link between the goods and place of production evolved resulting in growth of geographical indications.

In December 1999, the Parliament had passed the Geographical Indications of Goods (Registration and Protection) Act,1999.

This Act seeks to provide for the registration and better protection of geographical indications relating to goods in India.

The Act would be administered by the Controller General of Patents, Designs and Trade Marks- who is the Registrar of Geographical Indications.

The Geographical Indications Registry would be located at Chennai.

Quick Facts:

Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886,

Completed at PARIS on May 4, 1896,

Revised at BERLIN on November 13, 1908,

Completed at BERNE on March 20, 1914,

Revised at ROME on June 2, 1928,

At BRUSSELS on June 26, 1948,

At STOCKHOLM on July 14, 1967,

And at PARIS on July 24, 1971,

And amended on September 28, 1979

On April 26 every year we celebrate World Intellectual Property Day

What is WIPO?

WIPO is the global forum for intellectual property services, policy, cooperation and information. WIPO is a self-funding agency of the United Nations, with 186 member states.

WIPO mission is to lead the development of a balanced and effective international intellectual property (IP) system that enables innovation and creativity for the benefit of all. WIPO mandate, governing bodies and procedures are set out in the WIPO Convention, which established WIPO in 1967.

History: established in 1967

Membership: 186 member states

Director General: Francis Gurry

Headquarters: Geneva, Switzerland

Source: http://www.ipindia.nic.in

www.wipo.org