1) What is a copyright, explain the works in which copyright

subsists?

Copyright is a legal right created by the law of a country that

grants the creator of original work exclusive rights for its use and
distribution. This is usually only for a limited time. The exclusive
rights are not absolute but limited by limitations and exceptions
to copyright law, including fair use

It is a form of intellectual property protection granted under the Indian

Copyright Act 1957 to the creators of original works of authorship such as
literary works (including computer programmes, tables and compilations),
dramatic, musical and artistic works, cinematographic films and sound
recordings

Nature of Copyright Protection

Automatic

Copyright is an unregistered right which subsists automatically as soon as

the work that is eligible for protection is created and recorded on some
medium.
Originality

The work protected need not be new. However, it must be original in the
sense that it is not copied from some other source but is the result of an
application of effort by the creator of the work.
Exclusions

Copyright protects the expression of ideas but not the idea or concept
underlying a piece of work. For that reason, procedures, methods of
operation and mathematical concepts are excluded from copyright
protection.

Works in which Copyright subsists

Section 13 of the Act lists out the work, in which copyright subsists.
Subject to the provision of this section and the other provisions of this
Act, copyright shall subsists throughout India in the following classes of
works,

a) Original literary, dramatic, musical & artistic work, b) Cinematograph

films, and
c) Sound recording.

Literary work

It includes computer programmes, tables, compilations including

computer database.

Dramatic work

It includes any piece for recitation, choreographic work or entertainment

in a dumb show, the scenic arrangement or acting form of which is fixed
in writing or otherwise but does not include a cinematograph film.

Musical work

Consists of music and includes any graphical notation of such work, but
does not include any works or any action intended to be sung, spoken or
performed with the music.
Artistic work

It means painting, a sculpture, a drawing, an engraving or a photograph,

whether or no any such work possesses artistic quality.

A work of ‘architecture’ means any building or structure having an artistic

character or design or any model for such building or structure.
Cinematograph film

Means any work of usual recording on any medium produced through a

process from which a moving image may be produced by any means and
includes a sound recording accompanying such visual recording and
‘cinematograph’ shall be construed as including any work produced by any
process analogous to cinematography including video films.
Sound recording

A recording of sounds from which such sounds may be re-produced

regardless of the medium on which such recording is made or method by
which the sounds are produced.

 Broadcasts: Radio and television broadcasts, online streaming, etc.

 Typographical Arrangements: Layouts and formatting of published

editions.

In Gleeson v. Denne, (1975) RPC 471, it was held that, if one works
hard enough, walking down the streets, taking down the names of people
who live at houses and makes a street directory as a result of that labour,
this has been held to be an exercise sufficient to justify in making claim to
copyright in the work which is ultimately produced.

In Blackwood v. Parasuraman, AIR 1959 Madras 410, it was held that

a translation of a literary work is itself a literary work and is entitled to
copyright protection if it is original and the author has expended sufficient
labour and skill on it

2) Rights of copyright holder with case laws?

Rights Conferred by the Copyright

Nature of Rights

1. Statutory Rights 2. Negative Rights 3. Multiple Rights 4. Economic

Rights 5. Moral Rights

Statutory Rights

The copyright in a work is a creation of statute. A person owns a

copyright because the law recognizes the existence of such a right. The

rights which an author of a work has by virtue of creating the work are
well defined. Section 14 of the Copyright Act defines as under:
For the purposes of this Act, “copyright” means the exclusive right subject
to the provisions of this Act, to do or authorizes the doing of any of the
acts in respect of a work or any substantial part thereof, namely-

a) In the case of a Literary, Dramatic or Musical Work, not being a

computer programme -
i. to reproduce the work in any material form including the storing of

it in any medium by electronic means;

ii. To issue copies of work to the public not being copies already in
circulation;
iii. To perform the work in public, or communicate it to the public;
iv. To make any cinematograph film or sound recording in respect of

the work;
v. to make any translation of the work
vi. To make any adaptation of the work;
vii. To do, in relation to a translation or an adaptation of the work,

any of the acts specified in relation to the work in sub-clauses i. to vi.

b) In case of a Computer Programme –

i. To do any of the acts specified in clause (a)
ii. To sell or give on hire, or offer for sale or hire any copy of the
computer programme, regardless of whether such copy has been sold or
given on hire on earlier occasion
c) In the case of an Artistic Work –
i. To reproduce the work in any material form including depiction in two
dimensions of a three dimension work;
ii. To communicate the work to the public;
iii. To issue copies of the work to the public not being copies already in
circulation
iv. To include the work in any cinematograph film;
v. To make adaptation of the work;

vi. To do in relation to an adaptation of the work any of the acts specified

in relation to the work in sub-clauses (i) to (iv);

d) In case of Cinematograph Film –

i. To make a copy of the film, including a photograph of any image
forming part thereof;
ii. To sell or give on hire or offer for sale or hire, any copy of the film,
regardless of whether such copy has been sold or given on hire on earlier
occasions;
iii. To communicate the film to the public;

e) In the case of a Sound Recording –

i. To make any other sound recording embodying it;
ii. To sell or give on hire or offer for sale or hire, any copy of the sound
recording, regardless of whether such copy has been sold or given on hire
on earlier occasions;
iii. To communicate the sound recording to the public.

Negative Rights

Copyright is a negative right in the sense that it stops the others from
exploiting the work of the author for their own benefit without the consent
or license of the author. It does not confer any positive right on the
author himself.
Multiple Rights

Copyright is not a single right but a bundle of rights which can exist and
be exploited independently. The nature of these multiple rights depends
upon the categories of works.

The literary, dramatic and musical works are grouped together for the
purpose of defining these exclusive rights. The rights relating to artistic
works are distinct from those of cinematograph films and sound
recording.
Economic Rights

The rights conferred by Section 14 on a copyright owner are economic

rights because the exploitation of the work by the author by exercising
these rights may bring economic benefit. The author may exploit the work
himself or license others to exploit any one or more of the rights for a
consideration which may be in the form of royalty, a lump sum payment.
Moral Rights

The copyright besides conferring economic benefits also confers moral

rights on the author. Such rights though not statutorily defined are as
follows –

1. The right to decide whether to publish or not to publish the work,

i.e., the right of publication.
2. The right to claim authorship of a published or exhibited work.
3. The right to prevent alteration and other actions that may damage
the

author’s honour or reputation – the right of integrity

Case Laws Illustrating Rights of Copyright Holder

1. Eastern Book Company & Ors. v. DB Modak & Anr. (2008):

o Issue: Whether photocopying of law books by students and
professors constituted copyright infringement.
o Decision: The Supreme Court held that making photocopies
of copyrighted books without authorization from the copyright
holder infringed upon the reproduction right of the copyright
holder. The court emphasized that reproduction includes
making copies in any material form, which includes
photocopying.
2. T-Series v. Super Cassettes Industries Ltd. (2017):
o Issue: Whether broadcasting sound recordings and music
videos without authorization constituted copyright
infringement.
 o Decision: The Delhi High Court ruled in favor of T-Series,
holding that broadcasting copyrighted sound recordings and
music videos without obtaining a license from the copyright
holder constituted infringement of the copyright owner's
public performance and communication to the public rights.
3. Delhi High Court in Entertainment Network (India) Ltd. v.
Super Cassettes Industries Ltd. (2008):
o Issue: Whether playing copyrighted sound recordings and
musical works on the radio without permission constituted
infringement.
o Decision: The Delhi High Court held that broadcasting
copyrighted sound recordings and musical works without
obtaining a license infringed upon the copyright holder's
public performance right. The court emphasized that the right
to perform a work in public includes broadcasting it to the
public.

3) Explain the conditions required for registration of new plant

varieties, when can it be published?

The TRIPS Agreement states that "Members shall provide for the

protection of plant varieties either by patents or by an effective sui

generis system or by any combination thereof." In order to fulfil its

obligations under the TRIPS Agreement, India has implemented the

Protection of Plant Varieties and Farmers' Rights Act, 2001. This Act has

been passed in order to provide for the establishment of an effective

system for protection of plant varieties,the rights of farmers and plant

breeders, and to encourage the development of new varieties of plants.

The Act helps to stimulate investment for research and development to

produce new plant varieties. Such protection is also likely to facilitate the

growth of the seed industry that will ensure the availability of high quality

seeds and planting material to the farmers.

Registration of a plant variety gives protection only in India and confers

upon the rights holder, its successor, agent, or licensee the exclusive

right to produce, sell, market, distribute, import, or export the variety.

Who can Apply and What can be Registered

The application for protection under the Act can be made by any of the

following

persons:

• Any person claiming to be the breeder of the variety;

• Any successor of the breeder of the variety;

• Any person being the assignee or the breeder of the variety in respect

of the

right to make such application;

• Any farmer or group of farmers or community of farmers claiming to be

breeder

of the variety;

• Any person authorized to apply on behalf of farmers; or

• Any university or publicly funded agricultural institution claiming to be

breeder of the variety. (sec 14)

Criteria for registration:

Conditions Required for Registration of New Plant Varieties:

1. Novelty: The plant variety must be new, meaning that it should not
have been commercialized or sold in India prior to the date of filing
the application for registration. It should also be distinct, uniform,
and stable.
2. Distinctiveness: The plant variety must be distinct from any other
known varieties in at least one important characteristic, such as its
morphology, genetic makeup, or performance.
3. Uniformity: The plant variety should be sufficiently uniform in its
relevant characteristics, ensuring consistency in its key traits when
propagated.
 4. Stability: The plant variety should remain unchanged in its
essential characteristics after repeated propagation or at the end of
a particular cycle of propagation.
5. Value for Cultivation and Use (VCU): For certain crops, the
variety must also demonstrate its value for cultivation and use,
showing that it is superior or at least comparable to existing
varieties in terms of agronomic performance, yield, disease
resistance, etc.
6. Duly Filed Application: An application for the registration of a
plant variety must be filed with the Protection of Plant Varieties and
Farmers' Rights Authority (PPV&FRA) along with the prescribed fee
and supporting documentation.

Publication of Registered Plant Varieties:

Once a plant variety is registered under the PPV&FR Act, it can be

published in the Plant Varieties Journal. Here are the circumstances under
which a registered plant variety can be published:

1. Upon Registration: After the PPV&FRA approves the application

and registers the plant variety, it publishes the details of the
registered variety in the Plant Varieties Journal. This publication
includes information such as the name and address of the breeder,
the characteristics of the variety, and any conditions or limitations
on its use.
2. Expiry of Secrecy Period: In some cases, there may be a secrecy
period during which the details of the variety are kept confidential
to protect the breeder's interests. Once this period expires or if the
breeder waives confidentiality, the variety's registration details are
published in the Plant Varieties Journal.

Dow Agrosciences LLC v. Precision Electronics Ltd. & Ors. (2008):

 Issue: This case involved disputes over the protection of plant

varieties and the unauthorized use of registered plant varieties.
 Judgment: The Delhi High Court addressed issues related to the
infringement of plant breeders' rights and the enforcement of
intellectual property rights in agricultural products. It highlighted
the importance of legal protection for plant varieties and the rights
of breeders under the PPV&FR Act.