Month: May 2020

Music Industry and Copyrights

How does the Music Business fits into Copyrights Law? Initially, I was being stuck as well with the same question while getting to know different facets of this industry as a young budding music producer. To answer this question, it is important to know few stuff about how a piece of music is created, further how a piece of music will create several rights and lastly, how can there be different right holders for the same piece of music.

Basically, Music comes into the play when a lyricist and a music composer comes together and either perform or record the thing in a recording studio. Their rights in such musical work are known as their copyrights, which are bundle of different exclusive rights. Generally, these rights are co-jointly owned by the composer and the lyricist.

In order to secure livelihood and continue making new music in comfort, some of these right holders often approach music publishers or record labels such as T-series or Sony music who can nurture and financially support them by often providing advance payment of royalties. Usually, these music publishers act as a shop window for users such as radio, television and online broadcasters as well as record companies in order to generate some business. On entering into such publishing contract with the publisher, such publisher also co-owns the rights in the musical work and becomes a rights holder himself.

Hence, the Copyright regime plays an important part when it comes to the Music Industry by way of governing the rights of the right holders.

Vienna Classification … Frequently Asked Questions

You all might have read the first article on VIENNA CLASSIFICATION OF FIGURATIVE ELEMENTS OF A TRADEMARK . This article is a general FAQs that are usually put forth by people interested in understanding the basics of Trademarks in the global scenario.

Q. What is Vienna Code Classification?

A. The Vienna Code Classification is an international standard of Figurative Elements that contains 29 categories of elements that may form part of a Trademark. It was adopted on June 12, 1973 at the Vienna Diplomatic Conference which was attended by 32 member states of the Paris Union, the United International Bureau for the Protection of Intellectual Property (BIRPI), the predecessor of the World Intellectual Property Organization (WIPO).

Q. What is the meaning of Trade Mark Application Status Send to Vienna Codification?

A. Once a Trade Mark Application is filed for the Registration of a brandname or logo before the Indian Trade Marks Registry, it is send for Vienna Codification which means that all the characters, images, symbols, color, shapes etc. that form part of the logo of your brand name, they are assigned a unique code according to the Vienna Classification of Figurative Elements.

Q. What is Vienna codification in a trademark?

Vienna Codification in a Trade Mark is an International Classification of elements of a Trade Mark which are divided into 29 broad categories that are further divided into 145 division, 816 main sections, and 918 auxiliary section.

Q. How to find out which Vienna Code applies to your trademark?

A.  The Vienna Codification follows a hierarchy system wherein all the figurative elements of a mark are divided into different categories, divisions and section. For example, the figure of a ‘a girl eating’ would belong to Category 2 (Human Beings), Division 5 (Children), Main Section 3 (Girls), so the Vienna Code would be represented as 2.5.3 [ 2 – being the Category, 5 – being the Division and 3 – being the Main Section].

Q. Is India a member of the Vienna Agreement?

A. Yes. Although India followed the Vienna Code of Classification for Trade Marks since the adoption of the TM Act, 1999, however, it ratified the Vienna Agreement recently on September 7, 2019 thereby becoming the 34th member of the Vienna Agreement.

Q. When did India become a member of the Vienna Agreement?

A. India became the 34th member of the Vienna Agreement on September 7, 20

Q. How is Vienna Code applied to a Trademark that consist of more than one symbol, figure or design within a single logo?

A. In case a Trade Mark consists of more than one word, letters, numbers, shape, design, font style, figures or a combination thereof in its logo, and at the same time each element has its own distinctive character, then these figurative elements would fall under their respective category, division and section respectively. For example, if a logo comprises of a man in uniform, on horseback and playing a trumpet, the Vienna Codes for the said mark would be 2.1.2 [armed men or men wearing an Armour or uniform]; 2.1.20 [Men mounted on or accompanied by a horse] and 2.1.9 [Musicians, men with musical instruments] respectively.

THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001

When we discuss about Intellectual Property Laws, we always focus on Trademarks, Copyrights, Patents, Designs and Geographical Indications. Intellectual property rights being an integral part of any creators work, it is very vast in nature and it has many facets to it beyond the few rights mentioned above. One of such important areas of Intellectual Property Rights is the protection of plant varieties and farmers’ rights. For the purpose of this right, India has legislated a law namely, The Protection of Plant Varieties and Farmers’ Rights Act in the year 2001.

In 1930s, The United States of America was the only country in the World to have a gross monopoly over the developing of new plant varieties and providing Plant Patents where exclusive right was given to the patent holder over the varieties. In 1961, the International Convention for the Protection of New Plant Varieties was adopted in Paris. It was later revised in 1972, 1978 and 1991. The International Union for Protection of New Plant Varieties of Plants, also known as UPOV was established, having its headquarters at Geneva, under the above mentioned International Convention. The main aim of the Convention and the Union is to protect all plant varieties irrespective of their mode of reproduction or of the technology used in their development. It also emphasised on the protection of the rights of the breeders, who has developed the new varieties of plants.

In 2001, The Protection of Plant Varieties and Farmers’ Rights Act was enacted in India. The main objectives of this Act are:

  • To establish an operative structure for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
  • To facilitate the growth of seed industry in India which results in the production and availability of high quality seeds and other planting tools to the farmers.
  • To recognise and safeguard the rights of farmers in respect of their contributions made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.
  • To accelerate agricultural development in India, protect plant breeders’ rights, stimulate investment for research and development both in public and private sector for the development of new plant varieties.

The Act defines ‘Breeder’ as a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety. It defines varieties as a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be— (i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping; (ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and (iii) considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety. The Act also provides for the Certificate of Registration to be given by the Registrar to any new plant variety.

The Act establishes the Protection of Plant Varieties and Farmers’ Rights Authority, the functions of the Authority shall include[1]:

  • Promoting and encouraging the development of new varieties of plants and to protect the rights of the farmers and breeders.
  • The registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed;
  • Developing characterisation and documentation of varieties registered under this Act;
  • Documentation, indexing and cataloguing of farmers’ varieties;
  • Compulsory cataloguing facilities for all varieties of plants;
  • Ensuring that seeds of the varieties registered under this Act are available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to produce such variety under this Act does not arrange for production and sale of the seed in the manner as may be prescribed;
  • Collecting statistics with regard to plant varieties, including the contribution of any person at any time in the evolution or development of any plant variety, in India or in any other country, for compilation and publication;
  • Ensuring the maintenance of the Register.

In brief, the Protection of Plant Varieties and Farmers’ Rights Act 2001 provides for 3 main rights. Firstly, the Breeders have the exclusive right to produce, sell, market, import or export the variety that has been protected. Breeder can also appoint an agent and can also seek any civil remedy in case of the infringements of the rights. Secondly, Researchers can use any of the registered varieties under the Act for conducting any experiment or research. Lastly, the Farmer who has evolved or developed a new variety is entitled for registration and protection. The farmer can sow, save, use, re-sow, share, exchange or sell his farm produce including the seed of his variety. The farmer is exempted from any fee in the proceedings before the Authority or Registrar or Tribunal or the High Court under this Act. The Act also provides for provisions regarding infringement, offences, penalties and procedure for seeking remedy for any kind of infringement of rights mentioned under this Act.

[1] Section 8, The Protection of Plant Varieties and Farmers’ Right Act, 2001.

Protection of Geographical Indicators In India

What is the first thing that involves your mind once you hear Mahabaleshwar? Once you hear Nagpur? Nashik Or Darjeeling? Isn’t it STRAWBERRIES, ORANGES, GRAPES, and TEA, respectively? As we all know these lip-smacking fruits and the tea are special because they derive their qualities from their places of production, let us understand more about their importance and protection of their originality.

            A geographical indication (GI) is essentially a place name that identifies the geographic source of a good and signifies a distinctive quality, reputation, or other characteristics of the good that is essentially attributable to that geographic source. GIs are protected as an Intellectual Property Right under the TRIPS agreement administered by the World Trade Organization (WTO). However, for the effective protection of GIs in India, The Geographical Indications of Goods (Registration and Protection) Act, 1999 is enacted. GIs can be used for both agricultural as well as industrial products.

Difference between a GI and Trademark

            GIs identify goods as originating from a particular place whereas trademarks identify goods as originating from a particular company. A GI can’t be assigned or licensed to anyone outside that place or not belonging to the group of authorized producers. By contrast, a trademark can be assigned or licensed to anyone anywhere in the world.

Registration  

            Registration of a GI is not mandatory in India. If registered, it’ll afford better legal protection to facilitate an action for infringement. Section 20 (1) of the GI Act states that nobody “shall” be entitled to institute any proceeding to prevent or to recover damages for, the infringement of an “unregistered” GI. The registration of a GI gives its registered owner and its authorized users the right to get relief for infringement. A GI is registered for a period of ten years and is subject to renewal of its registration at its tenth year to further remain registered for another ten years.

Status of GI Registrations in India

                        More than 300 GIs of Indian Origin has already been registered with the GI Registry. These include Basmati Rice, Pochampalli Ikat (textiles), Naga Mircha (Agricultural), Odisha Rasagola, Madhubani paintings, Thanjavur Doll (Handicraft), Banaras Brocades and Sarees, Kolhapuri Chappal, Alphonso Mango, Kolhapur Jaggery, Paithani Sarees, Kathputlis of Rajasthan, Mysore silk, Surat Zari Craft, East India Leather (Manufactured), Jamnagari Bandhani, Bagh Prints of Madhya Pradesh, Beed Custard Apple, Nizamabad Black Pottery, etc.

Recently, two more GIs got added to the list –

a)         Chak-Hao (Black-Rice): It is scented glutinous rice popularly known as “Black Rice”. It has been cultivated in Manipur for centuries.

b)         Kashmir Saffron: It is globally renowned as a unique spice. Its characteristics are longer and thicker stigmas, natural deep-red colour, high aroma, bitter flavor, chemical-free processing, and high quantity of crocin, safranal, and picrocrocin. It is very precious and costly.

            GI certification builds up the product’s reputation not just within the country but throughout the entire world. It is arduous to put each product produced by producers in diverse regions into the list of GIs. Therefore, the officials have set standards for a product to acquire a GI tag. GIs stand on an equal footing with other IPR. There is no difference in the level of protection granted to GIs in comparison with the protection of other fields of IPR. The GI tag is useful for not just producers but customers and the nation as well.

By

Deepika Pandey

2nd Year LLB Student

Bharati Vidyapeeth New Law College

PATENT SYSTEM

In an increasingly technology‐driven economy, the need for new products with inventive ideas and novel concepts are essentially felt by the individuals of a society. If you are a person with such an idea or concept that solves a technical problem in an unexpectedly new or better way then patenting it would be the appropriate practice in order to protect such creative idea, concept or knowledge by converting it into a proprietary technical advantage.

This process of patenting is governed by a Patent system incorporated by the national governments. An ideal Patent system deals with the provisions relating to Inventions, what could be termed as an invention, procedure to register an invention as a patent, rights granted to the patentees, term of protection, secrecy provisions, provisions relating to licensing and assignments, constitution and governance of regulatory authority and penalties and remedies for the purpose of Infringement of the rights.

Under the patents system, a government may grant an inventor a patent for a new invention. The patent gives the owner of the patent an exclusive right to exploit the invention by way of excluding others from making, using, selling, offering to sell or importing the invention without the patent owner’s consent. This right is territorial in nature, i.e. country specific and lasts for a limited period, generally a maximum of 20 years.

This is only one half of the patent system however. In return for the grant of an exclusive right, the patent system requires the inventor to provide a full description of how the invention works, and this description is published, making the invention available to the public. Thus for both the inventor and the public there is a cost and a benefit – the inventor has the benefit of a monopoly for a limited time; and the public has the benefit of having access to the details of the new technology.

Know your Protector: Inside Copyrights!!

Introduction:

Have you ever wondered why there is a copyright disclaimer at the beginning of a movie, or a copyright disclaimer on a book? This is because the original work of the creator, writer, movie maker, artist etc is protected by the copyrights laws. In this article, we will study what is copyright, what type of works are covered and how the works are protected from the provisions of The Copyright Act, 1957.   

Meaning of Copyright:

Copyright simply means having exclusive right over an original work of authorship such as literary, musical, dramatic, artistic or architectural work[1]. Therefore copyright law covers the material form of expression and not actual concepts and ideas.

What types of rights are included in a copyright?

  • Right to reproduce
  • Right to prepare derivative works
  • Right to distribute copies
  • Right to perform the work
  • Right to display the work publicly[2].

Insight on copyrights in India:

  • Historical insight: Copyright law can be traced back to the colonial era. Post-independence Copyright Act was enacted in the year 1957 and has been amended six times with the 2012 amendment being the latest.
  • International Conventions: India is also a signatory to many International Conventions such as
    • Berne Conventions of 1886
    • Universal Copyright Convention of 1951
    • Rome Convention of 1961
    • Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
    • WIPO Copyright Treaty & WIPO Performances & Phonograms Treaty.
  • The Copyright Act, 1957: Here are the key features of the Act[3]:
    • Creation of Copyright Board: The Act provides for the formation of Copyright board and copyright office to make the registration process smooth.
    • Authorship & Ownership: According to the Act, author or creator is the first owner of the work. Composer is the author in case of music; producer is the author in case of cinematograph film and the particular government body in case of government work.
    • Term: The term of ownership of the literary work is lifetime of the author and 60 years from the day of his death.
    •  Infringement: A person who tries to use the original works of the owner without his permission is termed as infringement.
    • Remedies: The Act provides for both civil and criminal remedies for the copyright infringement.
    • Exception: If a person uses the work for research, analysis or for educational purposes, then he does not require the permission from the author.

[1]What is a Copyright?; FindLaw;  https://smallbusiness.findlaw.com/intellectual-property/what-is-copyright.html

[2]What is a Copyright?; Plagiarism Today;  https://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/1-what-is-a-copyright/

[3]Copyright and its Features-Cyber Law Unit 1; MYBSIT.COM; 21/01/2017; https://www.mybscit.com/cyber-law/copyright-and-its-features-cyber-law-unit-1

Sports Law Part – I

  • Introduction

Sports have always played an important role in everyone’s life. It not only builds the character but also helps the person to become confident about the work he do. Sports have always been the most entertaining source in the world and the fact that the sports industry contributes to almost 3% of the global trade confirms the same. But what happens when anyone brings disgrace to the game? It creates outrage among the lovers of the game and disturbs the peace of the country.

In the past 2 decades various international events were organized in India. From Commonwealth games to hockey and cricket world cup, India has emerged one of the biggest organizers in the world where they got a chance to show the development of the country but such events creates problems related to media rights, sponsoring, licensing and legal sporting practices.

  • Need of sports law

In recent times there have been various instances where the sporting world was crushed by the scandals and controversies. The events such as IPL spot and match fixing, women hockey players putting allegations of sexual harassment, doping, etc. Hockey is considered to be the national game of India. India won gold 8 times out of 12 at the Olympic events held between 1928 to 1980. But after 1980 India failed to qualify for the finals and the events turn into shock when India failed to qualify for the Beijing Olympics in 2008. To regulate such incidents a committee was required to investigate but due to absence of any law or regulations no such committee was established. These events expose the dark side of sporting world which is considered to be highly competitive.

Simon Rotenberg’s in 1956 connected the sporting world to the economics where he discussed about the uncertainty of outcome and the monopolistic nature of the labor market. The generation of revenue by organizing such events needs to be regulated but there is no regulatory authority.

These instances created an environment in the country where the need for a regulation arose but no legislation or regulations were formed to curb such activities.

  • Ambit of sports Law:

The laws where sports law will play a major role are as follows:

  • Labor Law:

Most of the player works on the contract basis with the related sports authority. A need is there where there must be a fixed pay scale. Not only this players need to negotiate on the working hours, working environment, etc. that needs to be decided by the authority. Also such norms will help in building the sports field more transparent and it will be the best in the interest of the game.

  • Drug Use:

There are various drugs that are banned by the Doping Agency. Drugs that are consumed by the players are performance enhancing drugs that boosts the body. There must be explicit mentioning of the banned drugs, punishment for using the same, authority to check it, etc.

  • Sexual Harassment Laws:

In the recent past there had been many instances where the sportswomen have raised their voice against the sexual harassment by the coaches or the people associated with the game. To avoid and to control such acts a law is required to grant punishment to such people because the person of such cadre who is representing India or the State is not expected to cross the line.

  • Betting Laws:

The competitive spirit of the sports has hit to various lows where the players were found involving in fixing the game. Laws must be framed in such a way that these acts could be controlled and players who are found involving in such illicit acts must be punished accordingly.

  • Broadcasting Rights:

According to Indian Competition Act if any agreement that is creating appreciable adverse effect is void. The distribution of broadcasting right must be brought within the ambit of sports law to avoid further chaos.

  • Conclusion

The main objective of the sports law is to maintain the competitive spirit and if anyone who tries to break it must be punished. This law will create an authority that will have the adjudication power as well as it will create an authority that will help in maintaining the spirit of the game.