Intellectual property of copyright in case of derivative work prepared from sources in the public domain

In order to claim right in the derivative work containing the original material, the plaintiff is to show adaptation, abridgement, arrangement, dramatization or translation in his work entitling him to have certain rights. In order to qualify for independent right in derivative of collective work, the additional matter injected in a prior work on the matter of rearranging or otherwise transforming a prior work must constitute more than the minimal contribution which can be ascertained only if the prior work and the work done by the plaintiff is produced. In Eastern Book Company and Others Vs. D.B. Modak and Others and Mr. Navin J. Desai and Another, it was held that the copyright can be claimed in derivative work only in the following manner… Read More Intellectual property of copyright in case of derivative work prepared from sources in the public domain

Protecting the Intellectual Property Rights

Intellectual Property Rights Illegally Downloading Music Open Source Software Licences Passing Off Claiming Royalties Art Work Self Publishing Versus Publishing House Copyright Copyright The Basics Copyright Infringement Remedies for Copyright Infringement Who can Claim Copyright Infringement? Criminal Liability for Copyright Infringement Copyright Tribunals Can Ideas be Protected by Copyright? What are Moral Rights? How long… Read More Protecting the Intellectual Property Rights

Judicial Opinions, Statutes and Government Rules-Regulations are not Copyright Protected in United state of America [USA]

Wheaton vs Peter, 33 U.S, 991, 668 [1834] was the first copyright case in the United States till held good law and continuing as quoted in the recent decisions. Case Title Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary of Opinions Wheaton v. Peters 33 U.S. (8 Pet.) 591 1834 5 – 2 Substantive Copyrightability/Common law Copyright/Formalities… Read More Judicial Opinions, Statutes and Government Rules-Regulations are not Copyright Protected in United state of America [USA]

Role Of Indian Judiciary In IPR Development And Adjudication

The principal function of Judiciary is to provide legal remedies against infringement of personal and property rights of persons.  Intellectual property is inchoate property when manifested in a legally recognizable way. Property right was, till the deletion of Article 19(1)(f) of the Constitution of India, a fundamental right for citizens, but now under Article 300-A it is separately notified as… Read More Role Of Indian Judiciary In IPR Development And Adjudication

Traditional Knowledge Digital Library [Govt of India]

Traditional Knowledge Digital Library  The Traditional Knowledge Digital Library (TKDL) was established in the year 2001.  The Traditional Knowledge Digital Library (TKDL) is a collaborative project between the Council of Scientific and Industrial Research (CSIR) and the Department of AYUSH. The same is a home-grown effort to ensure patent offices around the world do not… Read More Traditional Knowledge Digital Library [Govt of India]

Anton Piller orders

Anton Piller orders is Order Other than the extensive police powers under the Copyright Act, plaintiffs have various civil powers to enforce their right. Copyright owners and associations can employ civil procedure to search the defendant’s premises as seize the pirated copies. This is done via ‘Anton Piller’ orders obtained from civil courts which permit… Read More Anton Piller orders

GLOBAL INNOVATION INDEX [GII]

Jointly Published by Cornell University, INSEAD, and the World Intellectual Property Organization, in partnership. The Global Innovation Index provides detailed metrics about the innovation performance of 126 countries and economies around the world. Its 80 indicators explore a broad vision of innovation, including political environment, education, infrastructure and business sophistication.

The Digital Millennium Copyright Act [USA]

The Digital Millennium Copyright Act is most relevant to cyber-piracy law in United States. Under the DMCA, which is essentially an update of the existing copyright law, several computer and web-related copyright regulations were introduced, including 1) the heightening of the penalties for copyright infringement on the Internet, 2) making it a crime to circumvent… Read More The Digital Millennium Copyright Act [USA]

The Copyright Rules, 2013

Published vide Notification No. G.S.R. 172(E), dated 14th March, 2013 Ministry of Human Resource Development (Department of Higher Education) G.S.R. 172(E). – In exercise of the powers conferred by Section 78 the Copyright Act, 1957, and in supersession of the Copyright Rules, 1958, except as respects things done or omitted to be done before such supersession,… Read More The Copyright Rules, 2013