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Lubna Yusuf

The author is an advocate and writer in Mumbai.

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 PATENTS COPYRIGHTS TRADEMARKS
 The Relevant Indian Law. The Patents Act, 1970. [As amended by the Patents (Amendment) Act, 1999,2002 and 2005 The Copyright Act, 1957. The Trade Marks Act, 1999.
  The Relevant Rules. The Patents Rules, 1972. [As amended by the Patents (Amendment) Rules, 1999, 2003, and 2006. The Copyright Rules, 1958. The Trade Marks Rules, 2002.
 

 

 

 

 

Who Can Apply?

[Section 6](a) The true and first inventor of the invention, OR

(b) An assignee of the true and first inventor, OR

(c) The legal representative of any deceased person who immediately before his death was entitled to make such an application.

[Section 45]

  • The Author of the work, OR
  • The Publisher of the work, OR
  • The Owner of the work, OR
  • Any other person interested in the work.

 

[Section 18]

  • Any person claiming to be the proprietor of a trademark used or proposed to be used by him.

 

 PATENTS COPYRIGHTS TRADEMARKS
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Term / Duration.

[Section 53]

  • 20 Years from the date of filing of Application for Patent.

 

[Section 22 – 29](a) In respect of  literary, dramatic, musical or artistic work (other than Photograph) published within the lifetime of the author;

 

  • 60 Years from the beginning of the Calendar year next following the year in which the author dies.

 

(b) In respect of Photographs or Cinematograph Films or Sound Recordings.

 

  • 60 Years from the beginning of the Calendar year next following the year in which they are published.

 

 

(c ) In respect of Government Work, Works of Public Undertakings or Works of International Organisations.

 

  • 60 Years from the beginning of the Calendar year next following the year in which the work is first published.
Section 25]

  • 10 Years

(May be renewed for 10 Years from the date of expiration of original / last renewal of the registration.)

 

 PROCEDURE FOR APPLICATION  PATENTS COPYRIGHTS TRADEMARKS
(a) Persons entitledto apply. 

 

(b) Form of

 

 

 

 

(c) List of Forms.

 

 

 

 

(d) Fees.

 

  • Section 6 of the Act,
  • Section 7 of the Act,
  • Rule 8 of the Rules.

 

  • SECOND SCHEDULE

 

 

 

  • FIRST SCHEDULE

(Rule 7)

  • Section 45

 

 

 

  • Rule 16

 

 

 

 

 

  • FIRST SCHEDULE

 

 

 

  • SECOND SCHEDULE

(Rule 26)

  • Section 18

 

 

 

  • Rule 12

 

 

 

 

 

  • SECOND
    SCHEDULE

 

 

 

  • FIRST
    SCHEDULE

(Rule 11)

Statement 1. There is nothing wrong in buying pirated product so long the product satisfies users requirements and priced less than original

Statement 2: One should not buy pirated product even if it is available at a lower price because it is detrimental to the interests of the rightholders and the society.

 

Table 1: Views on Performance of the Enforcement Authority by Different Target Groups

Target Groups Percentage of Respondents Total No. of Respondents
Satisfactory Not Satisfactory
Film Producers 34.5 65.5 55
Video Films Producers 31.8 68.2 22
Book Publishers 58.2 41.8 79
Music Companies 46.2 53.8 13
Public Performers 51.6 48.4 93
SUB TOTAL 48.1 51.9 262
Video Cassettes Sellers 56.8 43.2 81
Book sellers 2.9 97.1 137
Music Cassettes Sellers 54.8 45.2 135
Software Sellers 40.2 59.8 92
SUB-TOTAL 36.2 63.8 445
Total No. of Respondents 287(40.6) 420 (59.4) 707 (100.0)

 Note: Figures in brackets show percentage to the Total.

Source: NPC Survey

 

Table 2: Public Awareness of Copyright as perceived by various Target Groups

Target Groups Rating on Awareness (%)
Excellent Good Satisfactory Poor Total No. of Responses
Film Producers Nil 5.6 24.1 70.4 54 (100.0)
Video Film Producers 9.1 9.1 81.8 22 (100.0)
Music Companies 28.6 14.3 57.1 14 (100.0)
Book Publishers 7.9 20.2 71.9 89 (100.0)
Public Performers 1.0 9.2 24.4 65.3 98 (100.0)
Video Cassette Sellers 2.4 20.5 26.5 50.6 83 (100.0)
Music Cassettes Sellers 6.6 8.1 38.2 47.1 136 (100.0)
Computer Software Sellers 1.0 11.9 22.9 64.2 109 (100.0)
Total No. of Respondents 15 (2.5) 64 (10.6) 158 (26.1) 368 (60.8) 605 (100.0)

Source: NPC Survey

 

Table 3: Responses of End users regarding buying of Pirated Products.

End Users No. of Respondents
Statement 1 Statement 2 Total Respondents
Readers 40 (33.6) 79 (66.4) 119 (100.0)
Audio Products 32 (25.2) 95 (74.8) 127 (100.0)
Film Viewers 27 (22.3) 94 (77.7) 121 (100.0)
Total 99 (27.0) 268 (73.0) 367 (100.0)

Statement 1. There is nothing wrong in buying pirated product so long the product satisfies users requirements and priced less than original

Statement 2: One should not buy pirated product even if it is available at a lower price because it is detrimental to the interests of the rightholders and the society.

 Source: NPC Survey

 

Table 4: Responses of end users regarding knowledge about the punishment on Buying Pirated products.

End Users Yes No Total No. of Respondents
Readers 101 (82.8) 21 (17.2) 122 (100.0)
Users of Audio Products 97 (75.8) 31 (24.2) 128 (100.0)
Film Viewers 94 (76.4) 29 (23.6) 123 (100.0)
Total 292 (78.2) 81 (21.7) 373 (100.0)

 Source: NPC Survey

 

Bibliography :-

Books referred:

Copinger and Skone James on Copyright, Sweet & Maxwell, London, 1999
Cornish, W.R., Intellectual Property: Patents, Copyright, Trademarks and Allied Rights, Sweet & Maxwell,London, 1999
Kailasam K C, Trademarks and Geographical Indications, Wadhawa and Company,Nagpur, 2003
Lai’s The Copyright Act, Law Publishers (India) Pvt. Ltd,Allahabad, 2002
Narayanan P., Copyright and Industrial Designs, Eastern Law House, Kolkata, 2002

References:


3 Responses to “A Comparative Analysis of Patents, Copyright and Trademarks”

  1. John

    This is an excellent article. India needs educated and knowledgable lawyers like this.

    Brilliant!

    Reply

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