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CHAPTER I
BEFORE TRIPS AGREEMENT
(A) PARIS REGIME
(B) BERNE REGIME
(C) OTHER CONVENTIONS
TRIPS Agreement : An Overview
(A) Introduction to TRIPS Agreement
(B) Uruguay Round and Birth of TRIPS Agreement
(C) Objectives of TRIPS Agreement
(D) Importance of TRIPS Agreement as a Lever of Growth
(E) Enforcement Provision Under the TRIPS Agreement
(F) Government’s Role in enforcement of TRIPS Agreement
TRIPS Council
Packaging for Tobacco
Intellectual Property and Health
Intellectual Property and Sport
Non-violation Complaints
Biodiversity
Intellectual Property, Climate Change and Green Technology
Technology Transfer to Poorer Countries
Dispute Settlement: TRIPS Disputes
Indonesia Files Dispute against Australia over Tobacco
Plain Packaging
Ninth WTO Ministerial Conference
Future WTO Meetings
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)
Program and Budget Committee (PBC): Twenty-First Session
Assemblies of the Member States of WIPO: Fifty-First Series of Meetings
Standing Committee on the Law of Trademarks,
Industrial Designs and Geographical Indications:
Thirtieth Session
Design Law Treaty
Trademarks
Geographical Indications
Committee on Development and Intellectual Property (CDIP): Twelfth Session
Assemblies of the Member States of WIPO: Fifty-Second Series of Meetings
Standing Committee on Copyright and Related Rights: Twenty-Sixth Session
Standing Committee on the Law of Patents: Twentieth Session
Future Work
Future WIPO Meetings
INTERNATIONAL UNION FOR THE PROTECTION OF
PLANT VARIETIES (UPOV)
UPOV Council Forty-Seventh Session
Introduction to Intellectual Property
(A) Indian Perspective
(B) Theories of Intellectual Property Rights
(C) History of Intellectual Property Laws in India
Important Intellectual Property Development in India in Last 12 Months
India’s Law Evolving to Protect Intellectual Property Domestically
Criminal Action
India on the United States Trade Representative’s
Special 301 Watch List in 2010
Steps Taken by the Government to Improve Enforcement of Intellectual Property
CHAPTER II
(A) Copyright and Related Rights
(B) Trade Mark
(C) Geographical Indications
(D) Industrial Design
(E) Layout Designs of Integrated Circuits
(F) Plant Variety Protection
Patents
IPR Protection in India
TRIPS and Developing Countries
The Patents (Amendment) Act, 2002 & 2005
Trade Marks
Industrial Designs
Copyright
Geographical Indications
Enforcement
Procedure of Enforcement of IP Laws in India after TRIPS
Agreement
(A) Border measures
(B) Procedures in border measures
(C) Right to inspection and information
New Challenges for Intellectual Property System
(A) Digital Economy
(B) IPR issues in Digital Technology
(C) Technical-cum-Legal means of IPR protection
(D) E-commerce
(E) Domain Names
(F) Biotechnology
(G) Nanotechnology
CHAPTER III
INTRODUCTION TO COPYRIGHT LAW
(A) What is copyright
Intellectual property covers copyright
Copyright and its objects
Copyright and GATT
Scope of Copyright
Term of Copyright—Statutory provisions—Sections 22 to 29 International Copyright
Copyright Office, Copyright Board and Registration of Copyright
Copyright Office and Register of Copyright—
Section 9, 10, 44- 50-A
(B) Evidential value of the register
(C) Copyright Board—Section 11 to 13
(D) Copyright Societies
Registration of Copyright
Cancellation for Registration
Power of Copyright Society
Recent Changes in Copyright Law
The Digital Millennium Copyright Act (DMCA)
Trends in Copyright Protection
Fair Use and Multimedia Production in Education
Copyright in digital media—Position under Indian law
COPYRIGHT PROTECTION: AN EMERGING TREND
NEED FOR INTERNATIONAL HARMONIZATION
CHAPTER IV
HISTORY OF COPYRIGHT LAW
(A) PRE-HISTORY OF COPYRIGHT LAW
Censorship and Privileges
Printing Guilds
(B) HISTORY OF COPYRIGHT LAW IN BRITAIN
(C) HISTORY OF COPYRIGHT LAW IN UNITED STATES OF AMERICA (U.S.A.)
(D) HISTORY OF FRENCH COPYRIGHT LAW
(E) INTERNATIONAL CONVENTIONS AND TREATIES ON
PROTECTION OF COPYRIGHT
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1.
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The Berne Convention, 1886
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2.
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The Universal Copyright Convention, 1952
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3.
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The Rome Convention, 1961
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4.
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WIPO Copyright Treaty, 1996
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5.
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WIPO Performances and Phonograms Treaty, 1996
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6.
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Bilateral Treaties
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7.
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Establishment of WIPO
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8.
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TRIP’s Agreement
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(F) HISTORY OF COPYRIGHT LAW IN INDIA
(I) Copyright law before independence
a. Indian Copyright Act, 1847
b. Imperial Copyright Act, 1911
c. The Indian Copyright Act, 1914
(II) Copyright law after independence
a. Indian Copyright Act, 1957
(G) MEANING, NATURE AND JUSTIFICATION OF COPYRIGHT
1. Meaning of Copyright
a. Dictionary meaning of Copyright
b. Meaning of Copyright in Statute
c. Judicial Decisions
2. Nature of Copyright
3. Justification of Copyright
a. The Utilitarian Theory
b. Labour Desert Theory
c. Personality Theory
d. Social Planning Theory
4. Classification of Right
a. Property Right
b. Monopoly Right
c. Personality Right
d. Sui generis Right
e. Moral Rights
(H) AUTHOR AND OWNERSHIP OF COPYRIGHT
(I) SUBJECT MATTER OF COPYRIGHT PROTECTION Rights Comprised in Copyright, Reproduction Rights, Performing Rights, Recording Rights, Motion Picture Rights, Broadcasting Rights, Translation and adaptation rights
CHAPTER V
SUBJECT MATTER OF COPYRIGHT
(A) Works in which copyright Subsists—Section 13
(B) Qualification for copyright subsistence—Section 13(2)
(C) Literary Work
Rights in a Literary Work
(D) Dramatic Works
(E) Musical Works
(F) Artistic Works
(G) Cinematoraphic Films
(H) Sound recording
COPYRIGHT LAW AND SUBJECT MATTER SPECIFICITY
AND THE SPECIAL TREATMENT OF COMPUTER SOFTWARE COUNTERVAILING TRENDS
Publications and Public
(A) Publication—Meaning thereof
(B) Statutory definition of publication—Section 3
(C) Publish
(D) Publication without Licence
(E) Dish Antenna System
CHAPTER VI
General Moral rights
(I) Performing artist’s rights—Section 38
Limitations on Copyright
(2) Literary, dramatic and musical work [Section 14(a) & (b)]
Reproduction
Publication of the work—Section 3
Adaptation of work—Section 2(a)
(3) Artistic Works
(4) Industrial Commercial application of artistic work—
Section 15
(5) Cinematographic Films
(6) Sound recording
(1) Broadcasting reproduction rights and infringement—
Section 37
(2) Copyright subsisting in the contents of broadcast
(3) Television
(4) Musical Work
(5) Tape recording of broadcast
(6) Performer’s right—Section 38
STUDY ON COPYRIGHT PIRACY IN INDIA
COPYRIGHT AND NATIONAL ECONOMY
COPYRIGHT AND INTERNATIONAL RELATIONS
COPYRIGHT IN INDIA
COPYRIGHT PIRACY
LITERARY WORKS
SOUND RECORDINGS
CINEMATOGRAPHIC WORKS
COMPUTER SOFTWARE
WHAT IS SOFTWARE PIRACY?
Office Copying
Network Piracy
Internet Piracy
Resellers
Hardware Sellers
Counterfeiting
Copyright (Amendment) Act 1994 on computer programmes
Present status of Computer Software Industry
Literary Works
Digital Publishing & Piracy
SOCIO ECONOMIC FACTORS AFFECTING PIRACY
Illiteracy & Piracy
Poverty & Piracy
High Price Level & Piracy
Recent Changes in Copyright Law
Trends in Copyright Protection
Fair Use and Multimedia Production in Education
CHAPTER VII
INFRINGEMENT OF COPYRIGHT
(A) INFRINGEMENT : BASIC CONCEPTS
(B) STATUTORY DEFINITION OF INFRINGEMENT OF COPYRIGHT
(C) WHAT COPYRIGHT PROTECTS
(D) PRIMARY AND SECONDARY INFRINGEMENT
(E) TEST OF THE INFRINGEMENT OF COPYRIGHT
(F) WHAT CONSTITUTE INFRINGEMENT OF COPYRIGHT
1. Encroachment on owner’s exclusive right
i. Reproduction of the work in any material form
ii. Publication of the work
iii. Performance of the Work in Public
iv. Translation
v. Broadcast
vi. Adaptation
2. Permitting any place to be used for the performance in public
SOFTWARE PIRACY
Protection under International Instruments and the National Law
Trade Related Aspects of Intellectual Property Rights (TRIPS)
Berne Convention (BC)
Universal Copyright Convention (UCC)
World Intellectual Property Organization (WIPO)
Protection and Compliance of International
Instruments under Indian Law
JUDICIAL PRONOUNCEMENTS
The new Copyright Amendment (Online Infringement)
Bill 2015
Legislation Background
How will section 115A work?
What Copyright Material is Covered?
What is a Primary Purpose?
What is an Online Location?
Factors the Court will take into Account
Potential issues with the Bill
Cases on Copyright Infringement (Judicial Response)
R.G. Anand v. Delux Film
Gramophone Co. of India v. Birendra Bahadur Pandey
Keshari Maratha Trust v. D.K. Bagu
Star India (Pvt.) Ltd. v. Leo Burnet India (Pvt.) Ltd.
Current Copyright Cases
1. The Raging Bull Case 572 US (2014)
2. Oracle/Google (or Java/Android) Case No. 13-1021 (Fed. Cir. 2014)
3. ASCAP/BMI Consent Decrees
4. The Turtles v. The World (Case No. 10-1071)
(Fed. Cir. 2013)
Bollywood’s ‘Raabta’ with Copyright Infringement
The Indian Problem with the ‘Merger’ Doctrine
Change in Law
Songs on Trial: 10 Landmark Music Copyright Cases
The Beach Boys v. Chuck Berry (1963)
Led Zeppelin v. Willie Dixon (1972)
George Harrison v. The Chiffons (1976)
Ray Parker Jr. v. Huey Lewis and the News (1984)
3. Dealing in Infringing Copies
(G) INFRINGEMENT OF COPYRIGHT : A JUDICIAL APPROACH
1. Infringement must be viewed by the eye of ordinary man
2. What copying means and includes
3. Copying must be substantial
4. When similarity amounts to infringement
5. Person who does anything which only the owner can do infringes copyright
6. Infringement only when someone appropriated the labour of another
7. Infringement must for deriving profits
8. Test for detecting piracy
9. Innocence is no defence
10. Intention and motive of infringer is immaterial
11. No condition precedent in exercising rights
(H) WHAT DOES NOT CONSTITUTE INFRINGEMENT OF COPYRIGHT? (EXPECTATIONS TO THE INFRINGEMENT OF COPYRIGHT)
(1) American concept of "Fair Use"
(2) British Concept of "Fair Dealing"
(3) Provisions under Indian Copyright Act, 1957
1. Fair Scholarly Use
2. Educational Uses
3. Media Reporting Uses
4. Use of State Produced Materials
5. Making of Records of Literary, Dramatic, or Musical works
6. Performance of such works
7. Use by Public Libraries
8. Use of Painting, Drawing etc.
9. Cinematograph Films—Uses by Makers and Exhibitors
10. Uses relating to Artistic Works
11. Uses relating to Computer Programme
(I) WHAT COPYRIGHT PROTECTS AND WHEN IT AMOUNTS TO INFRINGED
(UNDER LEGISLATION OF VARIOUS COUNTRIES)
1. AUSTRALIA
When is Copyright Infringed
Statutory Exceptions of the Infringement of Copyright
2. FRANCE
Rights protected under the French Copyright Act
Specific exceptions to infringement
3. UNITED KINGDOM
1. Right concerned with reproduction and adaptation
a. Primary Infringement
i. Copying
ii. Issuing copies, rental or lending
b. Secondary Infringement : Dealing with Copies
2. Right concerned with communication to the public : performance,
broadcasting, internet and similar provision
a. Primary Infringement
i. Communication to public
ii. Performance in Public
iii. Broadcasting
b. Secondary Infringement
3. Exceptions of the Infringement of Copyright
4. Other Specific Exceptions to Infringement of Copyright
4. UNITED STATES
i. Subject Matters protected under Copyright Act
ii. Materials not protected by Copyright Act
iii. Exception of Infringement of Copyright
(J) SOME LANDMARK JUDGMENTS RELATED TO
INFRINGEMENT OF COPYRIGHT AND NEW CASES
1. Foreign Judgments
2. New Cases
CHAPTER VIII
REMEDIES AGAINST INFRINGEMENT OF COPYRIGHT
(A) WHO MAY SUE
(B) WHO MAY BE SUED
Pirator for Himself not Entitled to Relief
Interrelationship of various civil remedies
(C) REMEDIES AGAINST INFRINGEMENT IN INDIA
1. Civil Remedies
a. Injunction
Kinds of Injunction
1. Interim Injunction
Principles of Grant of Temporary Injunctions
2. Permanent Injunction
Actual damage need not to be proved
Principles Applicable
No two remedy together
Mareva injunction
Compensatory civil remedies
Civil remedies under TRIPS Agreement
OTHER REMEDIES: DESTRUCTION OF INFRINGING GOODS ADMINISTRATIVE REMEDY
Administrative remedies under Berne Convention
Administrative remedies under TRIPs Agreement
CRIMINAL REMEDIES
Seizures of infringing copies by police
b. Damages/Account of Profit
Presumption about Damages
Proof of Damage
Determination of amounts of damages and profits
Damages in Particular cases
1. Damages in case of reproduction of work in material form
2. Damages in the case of publishing the work
3. Damages in the case of performing the work in Public
4. Damages for permitting for profit any place to be used for the performance of the work in public
5. Damages for producing, reproducing, performing or publishing a translation of the work
6. Damages for making any cinematograph film or sound recording in respect of the work
7. Damages for making adaptation of the work
c. Delivery of Infringing Copies
2. CRIMINAL REMEDIES
3. ADMINISTRATIVE REMEDIES
(D) REMEDIES AVAILABLE AGAINST INFRINGEMENT IN VARIOUS COUNTRIES
1. Britain
a. Civil causes of action
Delivery Up
Damages
Account of profits
b. Criminal Remedies
c. Administrative Remedies
i. Customs Prohibition
ii. Supervision of broadcasting
iii. Advertising Standard Authority Self-help
2. AUSTRALIA
a. Civil Remedies
Interlocutory Relief
Final Orders
Delivery of the infringing articles
An Injunction
b. Criminal Remedies
Penalties
3. UNITED STATES
a. Civil Remedies
Equitable relief
Monetary Charges
Actual Damages
Statutory Damages
Attorney’s fees
b. Criminal Penalties
CHAPTER IX
FOR THE PROTECTION OF THE COPYRIGHT
(A) GENERAL
1. In the field musical works
2. In the field of dramatic works
3. In the field of printed works
4. In the field of related rights
Area of application of CMOs
Jurisdictional limitation of CMOs
(B) COLLECTIVE MANAGEMENT IN THE UNITED KINGDOM
1. History of Nature of Collective Management
2. Existing Collecting Societies in the UK
i Reprographic Rights Societies
a. The Copyright Licensing Agency Ltd. (CLA)
b. The Music Publishers’ Association Ltd.
c. Design and Artists Copyright Society Ltd.
ii. Mechanical Rights Societies
iii. Licensing Bodies for Off-air Recording
a. Educational Recording Agency Ltd.
b. Open University Education Enterprises Ltd.
iv. PERFORMING RIGHT SOCIETIES
a. The Performing Right Society Ltd.
b. Phonographic Performance Ltd (PPL)
c. The Performing Artist’s Media Rights Association
v. MULTI-PURPOSE COLLECTING SOCIETIES
a. Authors’ Licensing and Collecting Society Ltd (ALCS)
b. Video Performance Ltd (VPL)
c. The Directors’ and Producers’ Rights Society
(C) COLLECTIVE MANAGEMENT IN CANADA AND AUSTRALIA
1. CANADA
2. AUSTRALIA
3. COMPARISONS BETWEEN CANADIAN AND AUSTRALIAN CMOS
(D) COLLECTIVE MANAGEMENT IN THE UNITED STATES THE COPYRIGHT COLLECTIVES : ASCAP, BMI, AND SESAC
1. ASCAP
2. BMI
3. SESAC
(E) COLLECTIVE MANAGEMENT IN INDIA
1. Collective Management of Rights in Musical Works
2. Collective Management of Rights in Sound Recordings
3. Collective Management of rights in literary works
4. Droit de suite
Droit de Suite, Copyright’s First Sale Doctrine and
Pre-emption of State Law
The CRRA/Copyright Conflicts
Morseburg v. Balyon, and Conflict Pre-emption
Appendices
I. International Copyright Order, 1999
II. Form IV—Application for Registration of Copyright
III. Berne Convention for the Protection of Literary and Artistic Works (1971)
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