Creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.
Categories of IPR
Industrial Property: Patents for inventions, trademarks, industrial designs and geographical indications.
Copyrights: literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design.
Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs.
What are intellectual property rights?
Intellectual property rights are like any other property right. They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation.
These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
The importance of intellectual property was first recognised in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organisation (WIPO).
Why promote and protect intellectual property?
There are several compelling reasons. First, the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture.
Second, the legal protection of new creations encourages the commitment of additional resources for further innovation.
Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.
How does the average person benefit?
Intellectual property rights reward creativity and human endeavour, which fuel the progress of humankind. Some examples:
The multibillion-dollar film, recording, publishing and software industries-which bring pleasure to millions of people worldwide-would not exist without copyright protection.
Without the rewards provided by the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products for consumers.
Consumers would have no means to confidently buy products or services without reliable, international trademark protection and enforcement mechanisms to discourage counterfeiting and piracy.
Copyright
Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, generally referred to as "works".
A closely associated field is "related rights" or rights related to copyright that encompass rights similar or identical to those of copyright, although sometimes more limited and of shorter duration.
The beneficiaries of related rights are: performers (such as actors and musicians) in their performances; producers of phonograms (for example, compact discs) in their sound recordings; and broadcasting organisations in their radio and television programs.
Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.
What rights do copyright and related rights provide?
The creators of works protected by copyright, and their heirs and successors (generally referred to as "right holders"), have certain basic rights under copyright law.
They hold the exclusive right to use or authorise others to use the work on agreed terms.
The right holder(s) of a work can authorise or prohibit: its reproduction in all forms, including print form and sound recording; its public performance and communication to the public; its broadcasting; its translation into other languages; and its adaptation, such as from a novel to a screenplay for a film.
Similar rights of, among others, fixation (recording) and reproduction are granted under related rights.
Many types of works protected under the laws of copyright and related rights require mass distribution, communication and financial investment for their successful dissemination (for example, publications, sound recordings and films).
Hence, creators often transfer these rights to companies better able to develop and market the works, in return for compensation in the form of payments and/or royalties (compensation based on a percentage of revenues generated by the work).
The economic rights relating to copyright are of limited duration -as provided for in the relevant WIPO treaties - beginning with the creation and fixation of the work, and lasting for not less than 50 years after the creator's death.
National laws may establish longer terms of protection. This term of protection enables both creators and their heirs and successors to benefit financially for a reasonable period of time.
Related rights enjoy shorter terms, normally 50 years after the performance, recording or broadcast has taken place.
Copyright and the protection of performers also include moral rights, meaning the right to claim authorship of a work, and the right to oppose changes to the work that could harm the creator's reputation.
Copyright law in India
• The Copyright Act of 1957, The Copyright Rules, 1958 and the International Copyright Order, 1999 govern the copyright protection in India. It came into effect from January 1958.
The Act has been amended in 1983, 1984, 1992, 1994 and 1999. Before the Act of 1957, copyright protection was governed by the Copyright Act of 1914, which was the extension of the British Copyright Act, 1911.
The Copyright Act, 1957 consists of 79 sections under 15 chapters, while the Copyright Rules, 1958 consist of 28 rules under 9 chapters and 2 schedules.
Benefits of copyright and related rights
Copyright and related rights protection an essential components in fostering human creativity and innovation.
Giving authors, artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can also enhance the results. By ensuring the existence and enforceability of rights, individuals and companies can more easily invest in the creation, development and global dissemination of their works.
This, in turn, helps to increase access to and enhance the enjoyment of culture, knowledge and entertainment the world over, and also stimulates economic and social development.
Copyright and advances in technology
The field of copyright and related rights has expanded enormously during the last several decades with the spectacular progress of technological development that has, in turn, yielded new ways of disseminating creations by such forms of communication as satellite broadcasting, compact discs and DVDs.
Widespread dissemination of works via the Internet raises difficult questions concerning copyright and related rights in this global medium.
WIPO is fully involved in the ongoing international debate to shape new. standards for copyright protection in cyberspace.
In that regard, the Organisation administers the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), known as the "Internet Treaties".
These treaties clarify international norms aimed at preventing unauthorised access to and use of creative works on the Internet.
IPR: CASE STUDY
Case: Emami Ltd. vs.Arbaaz Khan Productions
Issue: Copyright and brand misuse over the phrase "Zandu Balm" in the song "Munni Badnaam Hui" (from the film Dabangg).
On September 17, Emami Ltd. sent a legal notice to Arbaaz Khan Productions for using the phrase "Zandu Balm" in the popular song "Munni Badnaam Hui."
Emami claimed that this usage:
Violated copyright over the registered brand name.
Damaged the reputation of both the company and the product.
Zandu Balm officials stated that the song defamed their brand and misused their intellectual property.
Emami's Legal Demand
Emami demanded that the producers either: Remove the phrase "Zandu Balm" from the song, or
Delete the song from the film entirely.
Emami had acquired Zandu Pharmaceuticals in 2008 for ₹700 crore, and the merged entity was then worth about ₹1,000 crore.
Initial Reactions
Industry insiders (as of September 19) reported that:
The dispute was not expected to go to court.
Both parties were considering an out-of-court settlement.
Emami was exploring the idea of using the song to promote its product.
Arbaaz Khan responded:
"Now that our film is a big success, such things are bound to happen. Everyone wants a share of the pie."
Final Outcome
Eventually, Emami and Arbaaz Khan Productions resolved the issue amicably.
A barter deal was reached: The filmmakers could continue using "Zandu Balm" in the song.
In return, Emami gained advertising rights to use the song in its own promotions.
Malaika Arora Khan, who performed in the song, agreed to do a free advertisement for Zandu Balm as part of the settlement
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