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MODULE 4
Copyrights & Related Rights:
Classes of Copyrights. Criteria for Copyright. Ownership of Copyright. Copyrights of
the Author. Copyright Infringements. Copyright Infringement is a Criminal Offence.
Copyright Infringement is a Cognizable Offence. Fair Use Doctrine. Copyrights and
Internet. Non-Copyright Work. Copyright Registration. Judicial Powers of the
Registrar of Copyrights. Fee Structure. Copyright Symbol. Validity of Copyright.
Copyright Profile of India. Copyright and the word ‘Publish’. Transfer of Copyrights
to a Publisher. Copyrights and the Word ‘Adaptation’. Copyrights and the Word
‘Indian Work’. Joint Authorship. Copyright Society. Copyright Board. Copyright
Enforcement Advisory Council (CEAC). International Copyright Agreements,
Conventions and Treaties. Interesting Copyrights Cases.
Trademarks:
Eligibility Criteria. Who Can Apply for a Trademark? Acts and Laws. Designation of
Trademark Symbols. Classification of Trademarks. Registration of a Trademark is
Not Compulsory. Validity of Trademark. Types of Trademark Registered in India.
Trademark Registry. Process for Trademarks Registration. Prior Art Search. Famous
Case Law: Coca-Cola Company vs. Bisleri International Pvt. Ltd.
Introduction
‘Copyrights’ refer to the legal rights provided by law to the original creator of the
work in the fields of literature and computer software. The ‘Related Rights’
encompass the author‘s work in the fields of dramatics, sound recording, film/video
recordings, paintings, architecture, etc. Copyrights and Related Rights are one of
the categories of IP and governed by the Copyright Act, 1957 of India. This Act
provides rights of reproduction, communication to the masses, adaptation and
translation of the work.
The term ‘author’ refers to an individual who develops the content (of work).
The author can be a writer (literary work), computer programmer (software),
composer (musical work), producer (cinema films, sound recording), photographer
(photos). The term ‘work’ is a task undertaken in the fields of literature, dramas,
music, artistic, cinematograph film andsound recording.

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Classes of Copyrights:
In India, following classes of Copyrights exist:
1. Literature: Books, Essays, Research articles, Oral speeches, Lectures,
Compilations, Computer programme, Software, Databases.
2. Dramatics: Screenplays, Dramas.
3. Sound Recordings: Recording of sounds regardless of the medium on which such
recording is made e.g. a Phonogram and a CD-ROM.
4. Artistic: Drawing, Painting, Logo, Map, Chart, Photographs, Work of
Architecture, Engravings, and Craftsmanship.
5. Musical: Musical notations, excluding any words or any action intended to be
sung, spoken or performed with the music.
A musical work need not be written down to enjoy Copyright protection.
6. Cinematograph Films: ‘Cinematograph Film’ is a visual recording performed by
any medium, formed through a process and includes a sound recording. For
example, Motion Pictures, TV Programmes, Visual Recording, Sound Recording, etc.
Criteria for Copyright
To qualify for Copyright protection, a work must exist in some physical (or tangible)
form. The duration of the existence of the physical form may vary from a very short
period to many years. Virtually any form of expression which can be viewed or
listened to is eligible to qualify as Copyright.
The Copyright work has to be to be original i.e. the author created it from
independent thinking void of duplication. This type of work is termed as an Original
Work of Authorship (OWA). In addition to originality for the work, Copyright
protection also requires at least some creative effort on the part of the author.
Ownership of Copyright
The Copyright laws clearly state the ownership of Copyright.
 The person who created the work is considered as the first (original) holder
(owner) of the Copyright.
 In case the author is an employee and has been contracted to do the work by
a proprietor (of the company/firm/society /organization, etc.), the owner of
the Copyright shall be the proprietor.
 The government will be the primary owner of the government work in the
absence of any kind of arrangement.

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 The person delivering a speech is the first owner of the Copyright.
To obtain permission to use copyrighted material, a request for the same should be
made to the legal owner (of the copyrighted material), which could be the original
author, the legal heir (in case of the death of the author), publisher, etc. The request
must mention the following:
 Title, author and/or editor, and edition.
 Precise material to be used.
 The number of copies.
 The purpose of the material e.g. educational, research, etc.
 Form of distribution e.g. hard copy to classroom, posted on the internet.
 Whether the material is to be sold e.g. as part of a course pack.
Copyrights of the Author
The Copyrights of the creator/author are legally protected under Section 14 of the
Copyright Act, 1957. The content (i.e. work) created by the author cannot be used
or published by anyone without the author‘s consent. Copyrights provide exclusive
rights to the author in the areas of publication, distribution, and usage. A Copyright
owner enjoys two types of rights:
 Economic Rights (or Proprietary Rights) and
 Moral Rights (or Personal Rights).
Economic Rights are associated with financial benefits accruing from the sale of
copyrights. As per the Act, Copyright owners can authorize or prohibit:
 Reproduction of the work in any form, including printed publications or sound
recordings.
 Distribution of copies of the work.
 Public performance of the work.
 Broadcasting/communicating the work to the public.
 Translating the work into other languages.
 Adaptation of the work, such as converting a novel into a screenplay.
Moral Rights include “Right of Paternity” and “Right of Integrity”.
 Right of Paternity: Even if the Copyright has been licensed to another party,
the original author of the work retains the right to claim authorship i.e. the
name of the author/s will remain even though Copyrights have been
transferred to another party e.g. a book publisher.

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 Right of Integrity: The original author has the right to prevent misuse of the
work e.g. alterations/additions/ deletions in work resulting in
misrepresentation of the said work or harming the honor and reputation of
the author.
It is pertinent to mention that for a work, there can be more than one rights
holders, for instance, a musical sound recording has many rights holders, such
as the lyricist, music composer, singer, musicians and sound recorders.
Copyright Infringements
As per the Copyrights Acts, 1957, the following acts are regarded as an infringement
of Copyrights:
 Making copies for sale or hire or selling or letting them for hire without
permission.
 Permitting any place for the performance of owned work (in public) where such
performance constitutes an infringement of Copyright.
 Distributing infringing copies for trade or to such an extent to affect the
interest of the owner of the Copyright prejudicially.
 Public exhibition of infringing copies for trade purposes.
 Importation of infringing copies.
 Translating a work without the permission of the owner.
Copyright Infringement is a Criminal Offence
According to Section 63 of the Copyright Act, 1957, if any person knowingly infringes
the Copyright, he qualifies for the criminal offence. The punishment awarded for the
infringement (of Copyright) is imprisonment for six months with the minimum fine
of ₹ 50,000/-. In case of a second and subsequent conviction, the minimum
punishment is imprisonment for one year and a fine of ₹ 1,00,000. There is a
dedicated IP division to deal with Copyright cases. Also, there is a Copyright Board
constituted by the Central Government in 1958 to adjudicate certain claims about
Copyright.
Copyright Infringement is a Cognizable Offence
A police officer (rank of a sub-inspector or higher) can confiscate the infringed
Copyright material without issuing a warrant and produce the same in the court of
law.

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Fair Use Doctrine
Any person not possessing a valid license from the owner of the Copyright is not
entitled to exploit the said work. However, Section 52 of the Copyright Act, 1957,
provides for certain exceptions to the infringement of Copyright. As per the rule of
law, Copyrighted materials cannot be used by anybody without the proper consent
of the legal owners (of the Copyright). However, limited use of Copyrighted materials
for teaching and research purposes is legally permitted, under “The Fair Use
Doctrine”. The Fair Use Doctrine, comprises of the four-part test:
1. The character of the use - use of the work is purely educational, non-profit and
personal.
2. Nature of the work - The use of work is factual in nature and not imaginative.
3. Amount of the portion to be used - permission is not needed if only a small
portion of Copyright protected material is to be used. However, this parameter is
debatable now.
4. Impact of use on the value of the Copyrighted material - If a small portion of
the work is copied and is not affecting the author‘s economic and moral rights, it
will be excused from the infringement.
Few examples of the Fair Use Doctrine are listed below:
 If the Copyrighted work is used for personal use i.e. studies or research.
 Quotation mentioned in the Copyrighted work.
 Reporting of current events in the media, such as newspapers, magazines or
radios/television.
 Reproduction of the work by teachers or scientific researchers.
 Performance is free of charge by government officials in the performance of
their duties e.g. reproduction of any work for a judicial proceeding or a report
of a judicial proceeding.
 Use of any work prepared by the Secretariat of a Legislature.
 Making three or less than three copies of a book (including a pamphlet, sheet
of music, map, chart or plan).
 Bonafide religious ceremony, including a marriage function.
Copyrights and Internet
The Copyrighted data is quickly transmitted via the internet. This method of data
transmission has brought amendments to the existing Copyright laws. The posting

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material on the internet by the Copyright owner gives an internet user the right to
use that material for his personal use, but he cannot use the work for commercial
purposes. Electronic distribution of a Copyrighted work should mention the
statement that “This work is protected by Copyright laws and is provided for
educational instruction only. Any infringing use may be subject to disciplinary action
and/or civil or criminal liability as provided by law”.
As per Section 2(o) of the Copyright Act, 1957, “Literary Work” includes
computer programmes, tables and compilations, including computer databases.
It is mandatory to supply “Source Code” and “Object Code” along with the
application for registration of Copyright.
Non-Copyright Work
The works not under the jurisdiction of Copyrights are as follows:
1. The ideas, concepts, and principles themselves cannot be protected under
Copyright, only the form in which they are expressed can be copyrighted.
2. Facts, such as scientific or historical discoveries, are not copyright protected. Any
fact a person discovers in the course of research cannot be Copyright protected.
For example, an author of a book on “Buddhism” takes ten-fifteen years to
gather all the necessary materials and information for his work. At a great expense,
the author travels to various museums, libraries and excavations sites. However,
after the book is published, anyone is free to use the underlying facts, provided they
express the information on their own.
3. Copyright does not protect titles, names, slogans, short phrases, short word
combinations, methods, or factual information.
4. Certificates are not considered as Copyrightable subject matter as there is not
much scope for creativity.
5. Digitally created works and Copyrighted works transformed into a digital format
and placed on the internet are Copyright protected.
6. The Copyright registration for a website, as a whole, is not possible. However,
different components of a website can be granted Copyright registration e.g.
computer programmes /software, computer databases; photographs, paintings, and
works consisting of music. However, a separate application for each component of
work has to be filed for seeking Copyright registration.
7. A computer or mobile App qualifies for Copyright registration.

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An Application is a complete, self-contained computer program that is
designed to perform a specific task. An App usually has dynamic content and is
designed for user interaction.
It may be used directly or indirectly in a computer or handheld electronic device.
8. If someone swipes your picture/song/video from the internet and uses it for their
purposes, it is a Copyright infringement.
Copyright Registration
It is not necessary to register a work to claim Copyright. Once a work is created via
any medium, the work receives automatic Copyright safety. In other words, there
is no formal request to be submitted to the office of the Copyright, for acquiring
Copyright. Copyright registration does not confer any rights. It is merely a prima
facie proof of an entry in respect of the work in the Copyright register maintained
by the Registrar of Copyrights.
The certificate of registration serves as prima facie evidence in a court in cases
of disputes relating to ownership or creation of Copyright, financial matters, transfer
of rights, etc. It is advisable that the author of the work registers for Copyright for
better legal protection. In India, Copyrights matters, including Copyright
registration, are administered under the Copyright Act, 1957 and Copyrights Rule,
2013.
Judicial Powers of the Registrar of Copyrights
The Registrar of Copyrights has the powers of a civil court when trying a suit under
the Code of Civil Procedure in respect of the following matters:
 Summoning and enforcing the attendance of any person and examining him
on oath.
 Requiring the discovery and production of any document.
 Receiving evidence on affidavit.
 Issuing commissions for the examination of witnesses or documents.
 Requisitioning any public record or copy thereof from any court or office.
 Any other matters which may be prescribed.
Process of Copyright Registration
A duly filled application (Form XIV) is to be submitted to the Copyright Office at the
following address: The Registrar of Copyright, Plot no. 32, Boudhik Sampada
Bhawan, Sector 14, Dwarka, New Delhi - 110075.

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The application can be submitted by post or online registration through the
“E-filing facility” (www.copyright.gov.in). Any person who is either an author of the
work or assignee of the concerned work can file an application for Copyright.
Usually, it takes around 2-3 months to get the work registered by the
Copyright Office. After applying, there is a mandatory waiting period of 30 days. If
any person has any objection to the claim/s made in the application, he can contact
the office of the Registrar of Copyrights. After giving an opportunity of hearing to
both the parties, the Registrar may decide the case in favor or against the author of
the work. Once the objections (if any) are cleared, the application is evaluated by
the examiners. If any doubts/queries are raised, the applicant is given ample time
(around 45 days) to clear these objections.

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Fee Structure
For each work, a separate application form needs to be submitted, along with the
requisite fee. The fee is not reimbursable in case the application for registration is
rejected.

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Copyright symbol
It is not necessary to place the Copyright symbol © with your “name and year
created” near your published or printed materials - but if you do, it‘s easier to nail
someone for infringement on your Copyright if you go to court. The important things
which may be mentioned as a Copyright mark on Copyright creation are:
 The Copyright symbol © (the letter C in a circle), or the word. “Copyright”, or
the abbreviation “Copr.”
 In the case of compilations or derivative works incorporating previously
published material, the year with the date of the first publication of the
compilation or derivative work should be mentioned. The year date may be
omitted for pictorial, graphic, sculptural work, greeting cards, postcards,
stationery, jewellery, dolls and toys.
 The name or the abbreviation by which the name can be recognized of the
owner of the Copyright, or a generally known alternative designation of the
owner can be mentioned.
 The elements for sound recordings generally require the same three elements,
except the symbol is ℗ (the letter P in a circle) instead.
Validity of Copyright
In general, the validity of Copyright is for 60 years. This period starts either from
the year after the death of the author (in case of literature, dramatic, musical and
artistic works) or from the date of publication of the work (in case of cinematograph
films, sound recordings, photographs, posthumous publications, works of
government and works of international organizations).
Copyright Profile of India
A comparative five years (2015-20) study revealed a gradual increase in the number
Copyright applications in the first four years of the study, with a maximum number
of applications (21,905) recorded in the 2019-20 period (Fig. 2.7). The number of
applications examined was maximum (34,388) in 2017-18. However, it tapered
down to 22,658 in 2018-19 and 19,460 in 2019-20. A similar trend was observed
in the number of Copyright registrations, with a peak (19,997) observed in 2017-18.

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Copyright and the word ‘Publish’

A work is considered published when it is in the public domain on an unrestricted
basis. For example, a person writes an article called “Life in Himalayas” and
distributes it to a few individuals and/or societies/organizations with a restriction
not to disclose the contents of the article. “Life in Himalayas” has not been
“published” in the Copyright sense. If the author removes the condition of
nondisclosure or posts of this article on the internet (i.e. public domain), it would
be considered as published. It is to be noted that both published and unpublished
works can be registered under Copyright.
Transfer of Copyrights to a Publisher
The original authors of the Copyrighted work may not have the ability to widely
publicize their work. Usually, they transfer their rights to publishers for financial
benefits, which could be a one-time lump sum amount or royalties or a combination
of two. However, transferring Copyrights unconditionally to the publishers (or
anybody else) may have some repercussions for the owner of the Copyright.
A publisher may prevent author/s from displaying their articles on the
institute‘s websites. New owner of Copyright may not even allow the author to revise
his work. A publisher might print an insufficient number of hard copies and also
does not show interest in uploading the soft copy of the work on the internet.

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Hence, one must be careful in signing an agreement with the publishers. The
author may not transfer all the legal rights bestowed upon him as an author. An
agreement may be signed permitting only the print and sale of hard copies by the
publishers while retaining digital rights for the said work. An author may also put
a time limit for the printing and sale of the books/articles, etc.
Even though the author has completely and exclusively licensed out his work,
the Copyright Act has a provision under ‘termination of transfer’ to reclaim his
Copyright. Under this provision, certain Copyright agreements can be terminated
after 35 years of the agreement. It is strongly advised that authors must apply their
mind while signing the Copyright agreement.
Copyrights and the Word ‘Adaptation’
In the world of Copyright, the word “Adaptation” signifies the creation of a similar
work based upon contemporary work. The Copyright Act defines the following
actions as adaptations:
a) Transformation of a dramatic work into a non-dramatic work.
b) Changing a literary or artistic work into a drama.
c) Re-arrangement of a literary or dramatic work.
d) Depiction through pictures of a literary or dramatic work.
e) The making of a cinematograph film of a literary or dramatic or musical work.
Copyrights and the Word ‘Indian Work’
“Indian work” means a literary, dramatic or musical work provided:
a) The author of the work is an Indian citizen.
b) The work is first published in India.
c) In the case of an unpublished work, at the time of the making of the work,
the author of the work was a citizen of India.
Joint Authorship
‘Work of Joint Authorship’ means a work produced by the collaboration of two or
more authors in which the contribution of one author is not distinct from the
contribution of the other author or authors.
Copyright Society
As per Section 33 of the Copyright Act, 1957, a Copyright Society is a registered
collective administration society formed by authors and other owners of the
Copyright. Society can perform the following functions:

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 Keep track of all the rights and infringements related to their clients.
 Issue licenses in respect of the rights administered by the society.
 Collect fees in pursuance of such licenses.
 Distribute such fees among owners of Copyright after making deductions for
the administrative expenses.
A Copyright Society can be formed by a group of seven or more copyright holders.
The term of registration of a Copyright Society is for five years. The registered
Copyright Societies in India are:
 Society for Copyright Regulation of Indian Producers for Film and Television
(SCRIPT) 135 Continental Building, Dr. A.B. Road, Worli, Mumbai 400 018,
(for cinematograph and television films).
 The Indian Performing Right Society Limited (IPRSL), 208, Golden Chambers,
2nd Floor, New Andheri Link Road, Andheri (W), Mumbai- 400 058 (for
musical works).
 Phonographic Performance Limited (PPL) Flame Proof Equipment Building,
B.39, Off New Link Road, Andheri (West), Mumbai 400 053 (for sound
recordings).
Copyright Board
The Copyright Board is a regulatory body constituted by the government, to perform
judicial functions as per the Copyright Act of India. The Board comprises of a
Chairman and members (2-14) to arbitrate on Copyright cases. The Chairman of the
Board is of the level of a judge of a High Court.
As per the Act, the Board has the power to:
 Hear appeals against the orders of the Registrar of Copyrights.
 Hear applications for rectification of entries in the Register of Copyrights.
 Adjudicate upon disputes on the assignment of Copyrights.
 Grant compulsory licenses to publish or republish works (in certain
circumstances).
 Grant compulsory Licence to produce and publish a translation of a literary
or dramatic work in any language after seven years from the first publication
of the work.
 Hear and decide disputes as to whether a work has been published or about
the date of publication or the term of Copyright of a work in another country.

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 Fix rates of royalties in respect of sound recordings under the cover-version
provision.
 Fix the resale share right in original copies of a painting, a sculpture or a
drawing and original manuscripts of a literary or dramatic or musical work.
Copyright Enforcement Advisory Council (CEAC)
In 1991, the Government set up a CEAC to review the progress of enforcement of
the Copyright Act periodically and advise the Government regarding measures for
improving the enforcement of the Act. The term of the CEAC is three years. The
CEAC is reconstituted periodically after the expiry of the term.
International Copyright Agreements, Conventions and Treaties
Any creative work is not protected and enforced automatically worldwide because
Copyright laws are territorial by nature i.e. Laws are valid only in the country in
which they have been created.To secure protection to Indian works in foreign
countries, the author needs to apply separately to each country or through
dedicated international “Conventions on Copyright and Neighboring (related)
Rights”, provided a country is a member of such Conventions.
India is a member of the following Conventions:
 Berne Convention for the Protection of Literary and Artistic Works, 1886.
 Universal Copyright Convention, 1952.
 Rome Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organizations, 1961.
 Multilateral Convention for the Avoidance of Double Taxation of Copyright
Royalties, 1979.
 Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement,
1995.
Interesting Copyrights Cases:
1. David vs. Macaques, Indonesia, 2011
In 2011, a UK-based photographer David Slater put his camera on a tripod in the
wildlife sanctuary to click the photograph of Macaques monkeys. The Macaques
were very curious about the equipment and they found the flashlight fascinating.
One monkey clicked a selfie photograph which became very famous and legally
controversial on the matter of Copyright. Theoretically, the monkey is the holder of
Copyright as he clicked the photo.

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Practically, David Slater was the claimant of the Copyright. The dispute entered
judicial quarters between People for the Ethical Treatment of Animals (PETA) and
David Slater. Now, the settlement has been concluded. The photographer i.e. David
Slater withholds the Copyright of the picture for having a substantial contribution,
but he would pay 25% of the royalty share to the wildlife sanctuary where the
monkey lives.
2. ‘Happy birthday to you’ case law
According to the Guinness World Records, 1998, it is the most recognized song in
the English language. The melody of “Happy Birthday to You” originates from the
song “Good Morning to All”, which has traditionally been attributed to American
Sisters, namely Patty Smith Hill and Mildred J. Hill, in 1893. The sisters composed
the melody of “Good Morning to All’ to make it more interesting for the children. In
1935, Summy Company registered the Copyright on the Piano Setting on the Song.
In 1999 Warner/Chappell acquired the company and started taking royalty for the
happy birthday song and earned a huge amount. After mediation by the Federal
court, Warner Music, through its publishing subsidiary Warner/Chappell, agreed
to pay the settlement to a class of “thousands of people and entities” who had paid
licensing fees to use the song since 1949 because only the melody was registered
and not the lyrics. Now the song is in the public domain.
3. Amitabh Bachchan to lose Copyrights over his father’s works in 2063
Father of renowned actor Mr. Amitabh Bachchan, (late) Shree Harivansh Rai
Bachchan was a noted poet and Hindi writer. His most famous work was
Madhushaala (1935). He was the recipient of the Sahitya Akademi award and the
Padma Bhushan. He also did Hindi translations of Shakespeare‘s Macbeth and
Othello. He passed away on 18th January 2003, at the age of 95. As per the
Copyright Act, 1957, the rights over his work will be completed in the year 2063
(rights remain with the author for his lifetime plus 60 years).

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Trademark
A Trademark (or Trade Mark) is a unique symbol which is capable of identifying as
well as differentiating products or services of one organization from those of others.
The word “Mark” stands for a sign, design, phrase, slogan, symbol, name, numeral,
devise, or a combination of these. Essentially, the Trademark is anything that
identifies a brand to a common consumer.
Eligibility criteria
For goods/services to be legally classified as Trademark, they need to pass the
following conditions:
 Distinctiveness - The goods and services for which the protection is sought
should possess enough uniqueness to identify it as a Trademark. It must be
capable of identifying the source of goods or services in the target market.
 Descriptiveness - The Trademark should not be describing the description of
the concerned goods or services. Descriptive marks are unlikely to be protected
under Trademark law. However, descriptive words may be registered if they
acquire secondary meaning, such as the brand name “Apple” is used by a USA
based multinational company that manufactures electronic gadgets.
 Similarity to the prior marks - The mark should be unique and should not be
having similarity to the existing marks.
Who Can Apply for a Trademark?
Any person who is a proprietor of the Trademark is eligible to apply for registration
of Trademark. The mark can be filed collectively by two or more applicants and for
that purpose, support documents need to be submitted. An organization or
association can file for the collective mark and the same can be used by its members.
The most appropriate example for this mark is the “Reliance” symbol, which
indicates all products falling under the organization.
Acts and Laws
In India, Trademarks are governed under The Trademarks Act, 1999. The
Trademark rules are governed by Trademarks Rules, 2002. The Acts and Rules have
been amended from time to time. The latest amendments were done in 2010 and
2017 for Trademarks Acts and Trademarks, respectively. The administration of
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Designation of Trademark Symbol
Represents that the Trademark is unregistered. This mark can be used
for promoting the goods of the company.
Represents that the Trademark is unregistered. This mark can be used
for promoting brand services.
Represents a registered Trademark/Service. The applicant of the
registered Trademark is its legal owner.
Classification of Trademarks
Goods and Services under Trademarks are classified as per the “Nice Agreement”
(1957) administered by WIPO. A total of 149 countries (84 state parties who are
signatory to the Agreement and 65 additional states who are following this
classification for the Trademarks) and others (African Intellectual Property
Organization, African Regional IP Organization and Trademark Office of European
Union) are using the same Trademark classification.
Trademark classification comprises of 45 classes, out of which 34 are for
goods and 11 are for services. Two examples of classes are:
Class 1 is for Chemicals for use in industry, science and photography,
agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed
plastics; Fire extinguishing and fire prevention compositions; Tempering and
soldering preparations; Substances for tanning animal skins and hides; Adhesives
for use in industry; Putties and other paste fillers; Compost, manures, fertilizers;
Biological preparations for use in industry and science.
Class 45 is for legal services; Security services for the physical protection of
tangible property and individuals; Personal and social services rendered by others
to meet the individual’s needs.
The Vienna codification established under the Vienna Agreement (1973) is an
international classification of the figurative elements of marks. The classification is
used to divide all figurative elements into categories (from 1 to 29), divisions (from
1 to 19) and sections (from 1 to 30). For example, the representation of "a little girl
eating" belongs to Category 2 (Human beings), Division 5 (Children), and Main
Section 3 (Girls). If auxiliary sections are used, the figurative element can be
identified additionally with the Auxiliary Section 18 (Children drinking or eating,
Code A 2.5.18). The codification of this example will be then indicated as 2.5.3, 18.

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Registration of a Trademark is Not Compulsory
Although, registration of a Trademark is not compulsory, registration provides
certain advantages to the proprietor of the Trademark, such as:
1. Legal Protection – prevents the exploitation of the Registering Trademark by
other companies /organizations /individuals, without proper authorization by the
legal owner/s of the Trademark. In case of legal suits, a registered Trademark can
serve as a potent evidence of the lawful proprietorship of the Trademark.
2. Exclusive Right - grants the Trademark owner full rights to use it in any lawful
manner to promote his business.
3. Brand Recognition - products/ services are identified by their logo, which helps
create brand value over time. A strong brand is a huge pull for new customers and
an anchor for existing customers. Registering a Trademark early and using it will
create goodwill and generate more business for the brand owner.
4. Asset Creation - registered Trademark is an intangible property of the
organization. It can be used for enhancing the business of the company as well as
drawing new clients and retaining old one by the account of brand identification.
Validity of Trademark
In India, a registered Trademark is valid for 10 years. The period can be extended
every 10 years, perpetually. As per the Indian Trademarks Act, the renewal request
is to be filed in the form “TM-R” within one year before the expiry of the last
registration of the mark.
Types of Trademark Registered in India
Trademark can be a word that must be able to speak, spell and remember. It is
highly recommended that one should choose the Trademark like invented word,
created words, and unique geographical name. One should refrain from Trademarks
like common geographical name, common personal name and praising words which
describe the quality of goods, such as best, perfect, super, etc. To ensure all these
characteristics in a Trademark, it is suggested to conduct a market survey to ensure
if a similar mark is used in the market. Following are some examples of the
registerable Trademarks:
 Any name including personal or surname of the applicant or predecessor in
business or the signature of the person e.g. the Trademark “BAJAJ” is named
after industrialist Mr. Jamnalal Bajaj.

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 A word having no relevance to the product/services e.g. Trademark “INDIA
GATE” is being used for food grains and allied products.
 Letters or numerals or any combination thereof e.g. “YAHOO” is the abbreviation
of the phrase “Yet Another Hierarchical Officious Oracle”. It has now become a
worldwide famous Trademark.

Trademark Registry
In India, the operations of Trademarks are carried out from five cities i.e. Delhi,
Mumbai, Ahmadabad, Kolkata, and Chennai. Each city has been assigned a bunch
of states (Table 2.8). The businesses located in a particular state can only use the
services of the assigned Trademark Registration Office. In case of foreign applicants,
jurisdiction is based on the location of the office of the applicant‘s agent or attorney.

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Process for Trademarks Registration
To seek Trademark registration, the proprietor of the Trademark has to fill an
application. The proprietor may choose to hire an agent to fill and submit the
application on his behalf. Before applying, the applicant needs to conduct a prior
art search to ensure the registration criteria.
Prior Art Search: Prior to applying for Trademark registration, it is always prudent
to check whether the intended Trademark is already registered or not. Also, it is
ascertained whether the intended Trademark is not similar to the ones already
registered. The requisite search can be carried out using various web portals, such
as: Public search for Trademarks by CGPDTM, WIPO‘s Global Brand Database,
Trademark Electronic Search System (TESS), MARKARIA Trademark Search
Engine, VAKIL Search etc.
Once the “prior art search” is over and the applicant is convinced about the
distinctiveness of the Trademark, he can proceed to fill the application form for
registration (TM-A). The application is filed at the Trademarks Office subject to the
jurisdiction of the applicant.
The steps involved in the registration process are as follows:
1. After the prior art search has been conducted, the applicant can apply for the
registration on his own or with the help of a certified agent.
2. The application is assigned an application number within a few days. The same
can be tracked online.
3. The application is scrutinized by a professional examiner. If everything is in order,
the particulars of the application are published in the official Trademark journal.
Otherwise, he will send the objections to the applicant for rectification. Based on
the satisfactory response, the examiner would recommend the revised application
to be published in the journal. If the application is rejected, the applicant may
approach the Intellectual Property Division to challenge the rejection of an
application by the examiner.
4. Once the Trademark is published in the official journal, the public has an
opportunity to file an objection, if any, within 90 days. After hearing both the parties,
the officer decides whether to proceed further for the grant of Trademark or disallow
the grant of Trademark. In case of unfavorable outcome, the applicant has the right
to contest the decision in front of the IPAB.

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5. Once the application has successfully completed all formalities, a Trademark
registration certificate is issued in the name of the applicant.

Case Study: Coca-Cola Company vs. Bisleri International Pvt. Ltd.

“MAAZA”, a popular mango fruit drink in India, is a registered Trademark of an
Indian company, Bisleri International Pvt. Ltd. The company transferred the rights
(formulation, IPR and goodwill, etc.) to Coca-Cola, for the Indian Territory. However,
in 2008, the Bisleri Company applied for registration of Trademark “Maaza” in
Turkey and started exporting the product with the mark “MAAZA”. This was
unacceptable to the Coca-Cola Company and thus filed a petition for permanent
injunction and damages for passing-off and infringement of the Trademark.

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It was argued on behalf of Plaintiff (Coca-Cola Company) that as the mark
“Maaza” concerning the Indian market was assigned to Coca-Cola, and manufacture
of the product with such mark, whether for sale in India or for export, would be
considered as an infringement. After hearing both the parties, the court finally
granted an interim injunction against the defendant (Bisleri) from using the
Trademark MAAZA in India as well as for the export market, which was held to be
an infringement of Trademark.

Assignment Questions
1. Define Copyrights and Related rights. Describe the classes of Copyrights.
2. Explain the types of rights enjoyed by Copyright owner.
3. Discuss various acts that are considered as Copyright Infringement.
4. What is Fair Use Doctrine? Discuss its four part test and give examples.
5. Mention some non-copyrighted works under the jurisdiction of Copyrights.
6. With flowchart, briefly explain the process of Copyright Registration.
7. Discuss the terms “Publish” and “Adaptation” related to copyright.
8. Mention the functions of Copyright Society and list few registered Copyright
Societies in India.
9. Describe the powers of Copyright Board.
10. Discuss any two interesting copyright cases.
11. Define Trademark. Explain the eligibility criteria’s for trademark.
12. Discuss the classification of trademark & list designation of trademark symbols.
13. Explain the advantages of registering a Trademark.
14. With flowchart, briefly explain the process of Trademark Registration.
15. Discuss the Trademark case study: Coca-Cola Company vs. Bisleri International.

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