UNIT 2 - REGISTRATION OF IPRs

Meaning and practical aspects of registration of Copy Rights, Trademarks,

Patents, Geographical Indications, Trade Secrets and Industrial Design
registration in India and Abroad
According to World Intellectual Property Organization (WIPO), intellectual property

refers to creations of mind : inventions; literary and artistic works; and symbols, names

and images used in commerce. It can be divided into two categories :

1. Industrial property which includes patents for inventions, industrial designs,

trademarks and geographical indications.

2. Copyright which covers literary works (e.g. novels, poems etc.), movies, music

and/or any other artistic works.

• Copyright, is a bundle of rights,
which grants protection to the
unique expression of ideas. Ideas
per se cannot be protected;
• it is the expression of ideas in a
material medium that is the subject
matter of copyright protection.
• Copyright is a negative right and the
owner of a copyright gets the right to
prevent others from copying his
work without his consent towards a
commercial end.
• However, at the same time it gives
to the author an exclusive right for
the commercial exploitation of his
work.
List of creative works protected by the copyright law in India are :
 Literary work which includes computer program and computer databases apart from book.

 Sound recording or audio recorded files which could include songs, dialogues recorded Etc.

 Cinematograph film includes films, videos, cartoon films. It is advisable to include creative

rights in the various agreements between parties in the initial stage itself.
 Artistic work including a painting, a sculpture, a drawing such as a map, chart or diagram, an

engraving, a photograph, architecture/ artistic craftsmanship and dramatic work.

 Musical work meaning staff notations and written music.

Copyright subsists only in certain works. The term work means any of the following namely :
 A literary, dramatic, musical or artistic work,

 A cinematograph film

 A sound recording,
Government work means a work which is made or published by or under the direction or control of :
i) The Government or any department of Government,
ii) Any Legislature in India,
iii) Any Court, Tribunal or other judicial authority in India.
 Things that cannot be Copyrighted in India
• Ideas, methods, or systems : Ideas, methods, and systems are not covered by copyright protection,
this includes making, or building things; scientific or technical methods or discoveries; business
operations or procedures; mathematical principles; formulas, algorithms; or any other concept, process,
or method of operation.
• Commonly known information : This category includes items that are considered common property
and with no known authorship. Examples include standard calendars, height and weight charts,
telephone directories, tape measures and rulers, and lists or tables taken from public documents. A
phrase such as "The sky is blue" also falls under this category since there is no known authorship
associated with it.
• Choreographic works : A choreographic work, whether original or not, is not subject to copyright
protection unless it has been videotaped or notated. The same applies to speeches that have not been
transcribed before or after they are given, as well as any other types of performances.
Names, Titles, Short phrases, or Expressions :
• Also exempt: names, titles, short phrases, or expressions-such as that catchy slogan you came up
with for your business-product descriptions, pseudonyms, titles of works, and business names.
• The good news is that while they are not protected by copyright, if they pertain to your business (for
example, goods and services) they can be protected with a trademark.
• Recipes also fall under this category. Specifically the listing of ingredients (even if it's your own
recipe ingredients) is not protected by copyright.
• This applies to formulas, compounds, and prescriptions as well. There are exceptions however, such
as when recipes are compiled in a cookbook for instance or if the recipe is accompanied by
"substantial literary expression," a term that refers to text such as directions, or when there is a
combination of recipes, there may be a basis for copyright protection.
Fashion :
Fashion that is, a shirt, dress, or other article of clothing is not protected by copyright law. Despite the
fact that copyright law protects such things as architectural design works or works of the visual arts,
fashion is all about clothing and accessories, which under copyright law are considered "useful articles."
It is possible however, to copyright a specific fabric pattern, but not the actual dress. And, it should be
noted that while designs can be copyrighted in a particular format in India.
Necessity of Copyright Registration
• The object of copyright law is to encourage authors composers and artists to create original works by
rewarding them with the exclusive right for a limited period to reproduce the works for the benefit of
the public.
• On the expiry of the term copyright the works belong to the public domain and anyone may reproduce
them without permission.
• The exclusive right given to the author is a negative right that is to say, a right to prevent others from
copying or reproducing the work.
• Copyright like patent right, is a monopoly restraining the public from doing that which, apart from the
monopoly, it would be perfectly lawful for them to do.
• The monopoly is itself right and just, and is granted for the purpose of preventing persons from unfairly
availing themselves of the work of others, whether that work be scientific, literary or artistic.
objects
• Copyright registration is necessary to protect the creators, creative work such as music, books,
manuscripts, software's, films, fashion designs, website etc from being copied and used for
commercial purposes without the creators permission thus causing tremendous loss to the creator.
Copyrights operates against unauthorized copying, the taking of another's creation, without paying for
it.
• Copyright is essentially a creation of statute, the copyright act makes it clear that no person shall be
entitled to copyright or any similar rights, in any work whether published or unpublished, otherwise
than in accordance with the provisions of the Act.
• Copyright registration of creative work protects your creativity from being stolen or duplicated, and
gives you a confirmed legal right over your creation.
• Copyright registration gives your creative work a legal status, thereby making it an intellectual
property, giving you exclusive legal right over your creation.
• Copyright registration is necessary to obtain legal right over your creative work. Legal right is a
full-proof stamp of ownership of your creative work, which none can take away from you, that is
primarily the biggest reason why one should register their copyright immediately on completion of
one's creative work.
• Copyright registration establishes a public record of your copyright and puts everyone in the world
on notice that you have sought and claim copyright protection under the copyright laws.
• You cannot sue anyone for copyright infringement until you have filed for copyright protection with
the Registrar of Copyright Office.
• No award for statutory damages or attorneys fees will be made for any infringement of a copyright
in an unpublished work which occurs prior to the submission of the copyright registration
documents. The same holds true for published works, unless the copyright registration is made
within three months after the first publication.
• If the registration of your work is done within five years from its creation, it is considered Prima
Facie Evidence in court. Prima facie evidence means that if you ever went to court, proof of the
copyright registration with the Registrar of Copyright Office would be sufficient evidence of your
ownership of the copyrighted material.
 The only way for another party to win would be for them to present evidence showing :
 That they had a pre-existing copyright claim to the work.
 That you permitted them to use your work.
 That you didn't actually create the work.
 That you stole it from them.
Form of Register of Copyrights
1) The register of copyrights as per the Act to be kept both in physical and electronic form in six
parts, namely -
 Part I Literary works other than computer programmes, tables and compilations including
computer databases and dramatic work
 Part II Musical works
 Part III Artistic works
 Part IV Cinematograph films
 Part V Sound recordings
 Part VI Computer programmes, tables and compilations including computer databases
A) Application for registration of copyright :
 All Application for registration of copyright shall be made in Form XIV and in Form XV every
application for registration of changes in the particulars of copyright entered in the register of copyright
shall be made.
 Each application has to be separately submitted and must be accompanied by the fee specified in the
second schedule in this regard.
 The application must be signed by the applicant only. i.e. An author or owner of right. If the application
is submitted by the owner of copyright, than no objection certificate issued by the author is mandatory.
 An application for registration of an unpublished work must be submitted along with two copies
of the work.
 Every application for registration of a computer programme shall accompanied by the source and object
code.
 Every application for registration in respect of an artistic work which is or is capable of being used (in
relation to any goods or services), such application shall include a statement to that effect and shall be
accompanied by a certificate from the Registrar of Trade Marks referred to inSection 3 of the Trade Mark
Act, 1999, to the effect that no trade mark identical with or deceptively similar to such artistic work has
been registered under that Act in the name of, or
that applicant.
In respect of an artistic work which is capable of being registered as a design under the Designs Act,
2000, such application, shall be accompanied by a statement in the form of an affidavit containing the
following, namely
a)The artistic work has not been registered under the Designs Act, 2000; and
b) The artistic work has not been applied to an article through industrial process and reproduced
more than fifty times.
 Registration application can be filed in the Copyright Office in person or by post or by online filing
facility as provided on the website of the Copyright Office.
 It is mandatory that the person applying for registration has to give notice of his application to every
such person who claims or has any interest in the subject-matter of the copyright or disputes the rights of
the applicant to it.
 If within thirty days of filling the application, no objection to such registration is received by the
registrar of copyrights, the registrar of copyrights shall if satisfied that the particulars given in the
application are correct and, enter such particulars in the register of copyrights.
 If the registrar of copyrights receives any objections for such registration within the time specified in
[sub-rule (10)], or, if he or she is not satisfied about the correctness of the particulars given in the
application, he or she may, after holding such inquiry as he or she deems fit, enter such particulars of the
work in the register of copyrights as he or she considers necessary.
 The registrar of copyrights shall give an opportunity of hearing before rejecting any application filed for
registration of any work.
 The process of registration is completed only after a copy of the entries made in the register of copyrights
is signed and issued by registrar of copyrights or by Deputy registrar of copyrights, to whom such
authority is delegated.
 The registrar of copyrights shall, send, wherever practicable, a copy of the entries made in the register of
copyrights to the parties concerned.
B) Rectification and correction of entries in the register of copyrights
• For the entries specified in section 49 the registrar of copyrights may, either suo motu or on
application of any interested person amend, or alter the register of copyrights, after giving,
wherever practicable, to the person affected by such amendment or alteration, and communicate to
such person the amendment or alteration so made.
• The Registrar of Copyrights shall rectify the entries made in the Register of Copyrights after an
order is being passed by the Board on an application made by Registrar of the Copyrights in this
behalf under section 50.
C) Copyright Indexes
 Copyright Office keeps the following Indexes both in physical and electronic form for each and
every part of the Register of Copyrights, namely;
i) A general Author Index;
ii) A general Title Index
iii) An Author Index of works in each language; and
iv) A Title Index of works in each language
 Every Index shall be arranged alphabetically in the form of cards.

D) Inspection of the Register of Copyrights and Indexes :

The Register of Copyrights and indexes thereof shall at all reasonable time be open to
inspection any person in such manner and subject to such conditions as the Registrar of Copyrights
may specify. The online search or inspection of the Register of Copyrights and indexes can be utilised
by making online payment of fee as specified in the Schedule.
E) Copies and extracts of the Register of Copyrights and Indexes :
 Any one shall be entitled to take copies of, or make extracts from, the Register of Copyrights or
Indexes on payment of the fee as specified in the Second Schedule subject to supervision as the Registrar
of Copyrights may arrange.
 To furnish a certified copy of entries made in the Register of Copyrights and Indexes thereof,
An application to The Registrar of Copyrights has to be made along with payment of the fee
specified in the Second Schedule.
Copyright Filing Requirements in India
Applicant's particulars : Name, Address, Citizenship For corporate entities: Country of incorporation,
Nature of entity (e.g. private limited company, public listed company) Clear specimen of the Work (5
Copies of the Work) Electronic Form or Physical Form
Copyright Particulars
Form; Statement of Particulars, in triplicate; Statement of further particulars, in triplicate; A No
Objection Certificate; Copyright Notice;
Under Certificate of Posting ; Copy of the work in triplicate; Power of Attorney;
Power of Attorney : Notarized Power of Attorney (must be filed at the time of filing the
application)
Steps Involved in Making a Registration of Copyright
 Application in triplicate with prescribed fee.
 Application to serve notice of his application to every person who has any interest in the
subject-matter.
 If the Registrar receives no objection for registration within 30 days of receipt of application by
him, he shall, is satisfied about the correctness of particulars, enter such particulars in objection,
he may, after holding such inquiry as he deems fit, enter such particulars of the work in the
Register of Copy rights which he considered proper.
 Registrar then sends copies of the entries made in the Register to the parties concerned.
 Appeal : Any person aggrieved by the decision or order of Registrar of Copyright, may, within
three months from the date of the order or decision, appeal to the Copyright Board.
2.2.6 Time for Processing Application
From the date of submission to certification it has its own time duration.
 First 30 days is the cooling period, during this period if anyone wants to make an objection can
do so.
 If none makes an Objection than it goes in the process of scrutiny.
 If there is any error or suspicion in the application, it will get into Objection.
 If no Objection is found then it goes into Copyright Registration Clearance.
 A permanent Copyright Registration number will be assigned.
 Finally after nearly six months you will receive the Certificate via Indian Postal
2.2.7 Copyright Certificate Issued
by Government of India
• The certificate of registration under the
copyright Act will only prima facie show that
the particulars mentioned therein are entered in
the copyright register. The mere fact that
something is entered in the copyright register,
does not, as a matter of law, establish that what
is registered is in fact and in law copyrightable
subject-matter.
• This is so because the sine quda non to the
existence of copyright, is the expenditure of
skill and labour on any work which originated
from its author and unless the original work on
which skill and Iabour has been expended by its
author is produced in court to prima facie show
that the work has originated from the author, it
cannot be said that there is copyright in the
work.
Scope and Extent of Copyright Registration
These Days the Copyright Law has become Global India being a member of Berne Convention has Made the validity of your
certificate to over 177 countries.
2.2.9 Process to get Copyright of a Song
A Song contains a bundle of additional copyrights involved i.e Song has Musicians, Lyricist, Singer, Sound Recorder,
Composer and Producer, in most cases each aspect is done by various individuals, it is their sum total contribution, that leads
to the creation of an audio recorded Song, hence to register such a creative work, NOC from each has to be obtained, only
then can a Song be copyrighted, If even a single one of those involved rejects to give NOC copyright registration for a song
will fail.

Protection of Copyright in Film, Script, Translation and Dubbing

A script is a written text of a movie. Therefore, it is different from story and the screenplay though there is an element of
overlapping. Similarly, the dubbing is different from translation. A film with a sound track with dubbing is meant to provide a
film with a sound track with a different language from the original. In dubbing, what is important is the lip movement. Thus
no verbatimt ranslation is possible in an activity of dubbing. Under the Copyright Act of 1957, both a literary work and a
cinematograph film would come under its purview thus, entitled for protection. They both operate on different fields. They are
not meant to be seen in conflict with each other. A copyright of cinematograph film shall not affect the separate copyright of a
work, which forms part of it.
Meaning and Practical Aspects of Registrations of Trademarks
• A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of
other enterprises.
• Trademarks are protected by intellectual property rights. Popularly known word "Brand Name" is
referred as "Trademark" in legal terms.
• A Trademark means any symbol, word, name, device, numerals or combination of both, which can be
represented graphically can be registered as trademark.
• A trademark is unique symbol which distinguishes your goods or services from others. The trademark
which is registered for services are known as the service marks.
• At the national/regional level, trademark protection can be obtained through registration, by filing an
application for registration with the national/regional trademark office and paying the required fees.
• At the international level, you have two options: Either you can file a trademark application with the
trademark office of each country in which you are seeking protection, or you can use WIPO's Madrid
• In principle, a trademark registration will confer an exclusive right to the use of the registered
trademark.
• This implies that the trademark can be exclusively used by its owner, or licensed to another party for
use in return for payment.
• Registration provides legal certainty and reinforces the position of the right holder, for example, in case
of litigation.
• The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on
payment of additional fees.
• Trademark rights are private rights and protection is enforced through court orders.
Kinds of trademark can be registered :
• A word or a combination of words, letters, and numerals can perfectly constitute a trademark.
• But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape
and packaging of goods, non-visible signs such as sounds or fragrances, or color shades used as