Intellectual Property Rights, IPR in short, have given a new dimension to property laws as the property and the rights vested in a design, patnet, copyright etc. are being recognized under these laws. Infrigement of these laws is actionable and the owner of IPR can enjoy the freedom to use his rights vested in his creation.
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INTELLECTUAL PROPERTY LAWS


1. Industrial Designs
2. Scientific discoveries
3. Protection against unfair competition
4. Literary, artistic and scientific works
5. Inventions in all fields of human endeavour
6. Performances of performing artists, phonograms and broadcasts
7. Trademarks, service marks and commercial names and designations
8. All other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields

INDIAN COPYRIGHT ACT

REGISTRATION OF COPYRIGHT
Is it necessary to register a work to claim copyright?
No. Acquisition of copyright is automatic and it does not require any formality. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
What is the procedure for registration of a work under the Copyright Act,1957?
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. However, facilities exist for having the work registered in the Register of Copyrights maintained in the Copyright Office of the Department of Education. The entries made in the Register of Copyrights serve as prima-facie evidence in the court of law. The Copyright Office has been set up to provide registration facilities to all types of works and is headed by a Registrar of Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New Delhi- 110 003, Tel: 338 4387
What are the guidelines regarding registration of a work under the Copyright Act?
Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorised dealers on payment. The procedure for registration is as follows:

  1. Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
  2. Separate applications should be made for registration of each work;
  3. Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules ; and
  4. The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.

Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically.
Both published and unpublished works can be registered. Copyright in works published before 21stJanuary, 1958, i.e., before the Copyright Act, 1957 came in force, can also be registered, provided the works still enjoy copyright. Three copies of published work may be sent along with the application. If the work to be registered is unpublished, a copy of the manuscript has to be sent along with the application for affixing the stamp of the Copyright Office in proof of the work having been registered. In case two copies of the manuscript are sent, one copy of the same duly stamped will be returned, while the other will be retained, as far as possible, in the Copyright Office for record and will be kept confidential. It would also be open to the applicant to send only extracts from the unpublished work instead of the whole manuscript and ask for the return of the extracts after being stamped with the seal of the Copyright Office.
When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.
Application for registration of copyright alongwith statement of particulars and instructions for filling up the statement of particulars are at Appendix - I.

COPYRIGHT INFRINGEMENTS
Which are the common copyright infringements?
The following are some of the commonly known acts involving infringement of copyright:

    1. Making infringing copies for sale or hire or selling or letting them for hire;
    2. Permitting any place for the performance of works in public where such performance constitutes infringement of copyright;
    3. Distributing infringing copies for the purpose of trade or to such an extent so as to affect prejudicially the interest of the owner of copyright ;
    4. Public exhibition of infringing copies by way of trade; and
    5. Importation of infringing copies into India.

Has the owner of an auditorium or a hall any liability while renting out the place for communication to the public of a copyrighted work?
Yes. If a person permits for profit any place to be used for the communication of a work to the public, where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright, he will be deemed to have committed an offence under the Copyright Act.
What are the civil remedies for copyright infringement?
A copyright owner can take legal action against any person who infringes the copyright in the work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.
Which is the court having jurisdiction over civil remedies in copyright cases?
The District Court concerned has the jurisdiction in civil suits regarding copyright infringement.
What is the proof of the authorship of a work?
Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher appears on copies of the work as published, or, in the case of an artistic work appeared on the work where it was made, the person whose name so appears or appeared shall, in any proceeding in respect of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be.
What are the rights of owner over infringing copies and equipments used for making infringing copies?
All infringing copies of any work in which copyright subsists and all plates used or intended to be used for the production of such infringing copies shall be deemed to be the property of the owner of the copyright.
What are the remedies in the case of groundless threat to legal proceedings?
Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of copyright, any person aggrieved thereby may institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit –

  1. obtain an injunction against the continuance of such threats; and
  2. recover such damages, if any, as he has sustained by reason of such threats.

Is copyright infringement a criminal offence?
Yes. Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act.

What are the punishments for a criminal offence under the copyright law?

The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.
Is copyright infringement a cognizable offence?
Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence in respect of the infringement of copyright in any work has been, is being, or is likely to be committed, seize without warrant, all copies of the work and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable be produced before a magistrate.
How are the seized infringing copies or plates disposed off?
The Court may order delivery to the owner of the copyright all such copies or plates.
Who is responsible for copyright offence committed by a company?
Every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against.
Which court can try copyright offence cases?
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under the Copyright Act.
Can a police officer seize infringing goods without warrant?
Yes. A police officer not below the rank of sub inspector can seize without warrant all infringing copies of the work.

 

PATENTABLE    SUBJECT   MATTER
Section  2.    Definitions  and  interpretation.—
(j)   "invention" means a new product or process involving an inventive step and  capable of industrial application;
(ja)  "inventive step" means a feature of an invention that involves technical advance as compared to the existing knowledge or having
economic significance or both and that makes the invention not obvious to a person skilled in the art;
(l)   "new invention" means any invention or technology which has not been anticipated by publication in any document or used in the
country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has
not fallen in public domain or that it does not form part of the state of the art;

(m “patent" means a patent for any invention granted under this Act;

APPLICATION  FOR  PATENTS
Section 6. Persons entitled to apply for patents.-
(1)  Subject to the provisions contained in section 134, an application for
a patent for an invention may be  made by any of the following
persons, that is to say,—
(a) by any person claiming to be  the true and first inventor of the
invention;
(b)  by any person being the assignee of the person claiming to be the
true and first inventor in respect of the right to make such an
application;
(c) by the legal representative of  any deceased person who immediately
before his death was entitled to make such an application.
(2)   An application under sub-section (1) may be made by any of the persons
referred to therein either alone or jointly with any other person.
Section 2(1) (y):   "true and first inventor" does not include either the first
importer of an  invention into India, or a person to whom an
invention is first communicated from outside India. 
Section 2(1)   (s) : "person" includes the Government;
Section 2(1) (ab) : "assignee" includes an assignee of the assignee and the
legal representative of a deceased assignee and references
to the assignee of any person include references to the
assignee

 

5.2.  Where to Apply? 
5.2.1  There are four Patent Offices in India. Their place of location and territorial
jurisdictions are presented in the table below:
Patent
Office
Territorial Jurisdiction 
Mumbai The States of Gujarat, Maharashtra, Madhya Pradesh, Goa,
Chhattisgarh, the Union Territories of Daman & Diu and Dadra &
Nagar Haveli. 
Delhi The States of Haryana, Himachal Pradesh, Jammu and Kashmir,
Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, National Capital
Territory of Delhi and the Union Territory of Chandigarh.
Chennai The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and
the Union Territories of Pondecherry and Lakshdweep.
Kolkata  Rest of India.

Section 124. Offences by companies.-
(1)  If the person committing an offence under this Act is a company, the
company as well as every person in  charge of, and responsible to, the
company for the conduct of its business at the time of the commission of
the offence shall be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or that
the commission of the offence is attributable to any neglect on the part
of any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be 319
guilty of that offence  and shall be liable to be proceeded against and
punished accordingly.
Explanation—For the purposes of this section,—
(a) "company" means any body corporate and includes a firm or other
association of individuals; and 
(b    )"director", in relation to a firm, means a partner in the firm.
22.1  Penalties 
The Patents Act , 1970  provides civil penalties for various offences under the
purview of the Act. 
22.1.1  Contravention of secrecy provisions relating to certain inventions (S. 118)
If any person fails to comply with any direction given under section 35, that is,
related to secrecy directions relating to inventions relevant to defence purpose
or files an application in contravention of section 39 which requires that an
applicant shall obtain prior permission from the Controller to apply for a patent
outside India, he shall be punishable with imprisonment for a term up to 2 years
or with fine or with both. 
22.1.2   Falsification of entries in register etc (S. 119)
If any person makes a false entry in any register kept under the Patents Act or
provides any writing or evidence as a result of which the entry in the register
results into a false entry, then he is punishable with imprisonment for a term
that may extend to 2 years or with fine or with both.
22.1.3   Unauthorized claim of patent rights (S. 120)
If any person falsely represents that any article sold by him is patented in India
or is the subject of an application for a patent in India, he shall be punishable
with fine that may extend to rupees one lakh .
The use of words 'Patent', Patented', 'Patent applied for', 'Patent pending',
without mentioning the name of the country means that they are patented in
India or patent applied for in India and attract the provisions of this section 
22.1.4 Wrongful use of words, "Patent Office" (S. 121)
If any person uses on his place of business or any document issued by him
which would reasonably lead to the belief that either his place of business is the
patent office or is officially connected with the patent office, he shall be
punishable with imprisonment for a term that may extend to 6 months, or with
fine, or with both.
22.1.5   Refusal or failure to supply information (S. 122)
If any person refuses or fails to furnish information as required under sections
100(5) and 146 he shall be punishable with fine which may go up to rupees one
lakh. Section 100(5) provides that  any person including Government 320
undertaking  using a patented invention for the purpose of Government has to
furnish any information on the use of  invention as required by the Central
Government and S.146 provides that the  patentee has to furnish a statement
regarding the working of the patented invention in a commercial scale in India
in form 27. This has to be done annually within 3 months of the end of each
year. If he furnishes false information knowingly he shall be punishable with
imprisonment that may extend to 6 months or with fine or with both.




 
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