| 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]
|
[Section 18]
|
| PATENTS | COPYRIGHTS | TRADEMARKS | |
|
Term / Duration. |
[Section 53]
|
[Section 22 – 29](a) In respect of literary, dramatic, musical or artistic work (other than Photograph) published within the lifetime of the author;
(b) In respect of Photographs or Cinematograph Films or Sound Recordings.
(c ) In respect of Government Work, Works of Public Undertakings or Works of International Organisations.
|
Section 25]
(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.
|
(Rule 7) |
(Rule 26) |
(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:
- Directory of Intellectual Property Offices, maintained by World Intellectual Property Organization (WIPO)
- National Productivity Council : NPC survey
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