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COPYRIGHTS
- Copyright filing requirements in India
- Term of Copyright
Following are the basic requirements for filing of a Copyright application in India
1. Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership
firms or company)
2. Description of work
3. Statement of further particulars
4. Nature of applicant’s interest in copyrighting the work
5. Title of work
6. Details of publication of work, if published, including name, address, nationality of publishers
7. Details as to owners of various rights in the work comprising the copyright, including extent of their right
and particulars of assignment and license, if any
8. Name, address, nationality of other persons, if any authorised to assign or license the work comprising the
copyright
9. Location of work including name, address, nationality of person in possession of work, in case of an artistic
work and completion of year in case of architectural work
10. Certificate from Registrar of trademarks if the artistic work is used or capable of being used in relation to
any business
11. 5 copies of the work (physical form or electronic form)
In case of foreign works, the term shall not exceed the term for which the work is originally
protected in the country of first publication. In India Copyright Term is as follows:
1. In published literary, dramatic, musical and artistic works (other than a photograph) published during lifetime
of author- 60 years from first day of following year in which the author dies
2. In literary, dramatic, musical and artistic works (other than a photograph) published anonymously or
pseudonymously- 60 years from first day of following year in which the work is first published. Duration as
explained in serial number 1 above, if identity of author disclosed before expiry of term of copyright
3. In literary, dramatic, musical and artistic works (other than a photograph) published posthumous- 60 years
from first day of following year in which the work is first published
4. In photograph - 60 years from first day of following year in which photograph is first published
5. In Cinematographic films- 60 years from first day of following year in which film is first published
6. In Sound recording - 60 years from first day of following year in which sound recording is first published
7. In works where Government, public undertaking or international organisation is first application - 60 years
from first day of following year in which work is first published
8. In Broadcasting - 25 years from first day of following year in which broadcast is first made
Exception to infringement of copyright
A fair dealing with literary, dramatic, musical and artistic works (not being a computer programme) for
private use including research including criticism or review of the work, for purpose of reporting in a
newspaper, magazine or similar periodical or by broadcast, sound recording or by photographs or
for purpose of a judicial proceeding or for purpose of reporting for judicial proceedings or for instruction
for purpose of education or examination.
In India there are multiple statues dealing with Intellectual property enforcement and issues. Besides
India also follows common law principals in dealing with IP issues:
1. Trademarks Act, 1999 and Rules there under
2. Patents Act, 1970 as amended by Patents (Amendments) Act, 2005 and Rules there under
3. Copyright Act, 1957 and Rules there under
4. Designs Act, 2000 and Rules there under
5. Geographical Indication of Goods (Registration & Protection) Act, 1999 and Rules there under
6. Semiconductor, Integrated Circuit Layout Design Act, 2000 and Rules there under
7. Plants Varieties Protection and Farmers’ Rights Act, 2000 and Rules there under
8. Information Technology Act, 2000 and Rules there under
9. Customs Act, 1962 and Rules there under
Under Indian Laws statutory protections is available to both registered marks as well as unregistered
marks. In respect of trademarks Indian law provides both civil as well as criminal remedies for taking
action against any infringement of a trademark
Appropriate forum for Trademark Dispute
A suit for infringement of trademark has to be filed in a District court or High court (depending uponpecuniary jurisdiction) within whose territorial jurisdiction the cause of action has arisen.
Opposition (before the Registrar)- Opposition can only be done after publication of the trademark and within
3 months of date of availability of Journal. One month extension is available if sought before the expiry of 3
months time
Cancellation (before the Registrar as well as Appellate Board)- Cancellation on the ground of non-usefor a period of 5 years and 3 months and proof of intention on part of the registered proprietor not to use
the trademark at the filing date and non-use till the cancellation petition.