Professional Ethics: Unit 2 - Part 2 of 3

INTELLECTUAL PROPERTY

Brijendra Pratap Singh

Department of Computer Science & Engineering

Motilal Nahru National Institute of Technology Allahabad
Prayagraj - 211004, India

August 2019

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 What is Intellectual Property?

What is Intellectual Property?

Intellectual property is a term used to describe works of the mind, such as,
art, books, films, formulas, inventions, music, and processes that are
distinct and owned or created by a single person or group.

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 Protection of Intellectual Property

Protection of Intellectual Property

Intellectual property is protected through copyright, patent, and trade
secret laws.
Copyright law protects authored works, such as art, books, film, and
music
Patent law protects inventions
Trade secret law helps safeguard information that is critical to an
organization’s success
Together, copyright, patent, and trade secret legislation form a
complex body of law that addresses the ownership of intellectual
property.

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 Potential Ethical Problems

Potential Ethical Problems

Thease laws can also present potential ethical problems for IT
companies and users
For example, some innovators believe that copyrights, patents, and
trade secrets stifle creativity by making it harder to build on the ideas
of others.
Meanwhile, the owners of intellectual property want to control and
receive compensation for the use of their intellectual property.
Should the need for ongoing innovation or the rights of property
owners govern how intellectual property is used?

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 Potential Ethical Problems

Potential Ethical Problems

Defining and controlling the appropriate level of access to intellectual
property are complex tasks
For example, protecting computer software has proven to be difficult
because it has not been well categorized under the law
Software has sometimes been treated as the expression of an idea,
which can be protected under copyright law
In other cases, software has been treated as a process for changing a
computer’s internal structure, making it eligible for protection under
patent law
At one time, software was even judged to be a series of mental steps,
making it inappropriate for ownership and ineligible for any form of
protection

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 Copyright

Copyright
A copyright is the exclusive right to distribute, display, perform, or
reproduce an original work in copies or to prepare derivative works
based on the work.
Copyright protection is granted to the creators of “original works of
authorship in any tangible medium of expression, now known or later
developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a machine
or device”.
The author may grant this exclusive right to others.

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 Copyright

What is copyright?
Copyright is a right given by the law to creators of:
literary, dramatic, musical and artistic works and producers of
cinematograph films and sound recordings
it is a bundle of rights including rights of reproduction,
communication to the public, adaptation and translation of the work

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 Copyright

Why should copyright be protected?

Copyright ensures certain minimum safeguards of the rights of authors
over their creations, thereby protecting and rewarding creativity.
Creativity being the keystone of progress, no civilized society can
afford to ignore the basic requirement of encouraging the same.
Economic and social development of a society is dependent on
creativity.
The protection provided by copyright to the efforts of writers, artists,
designers, dramatists, musicians, architects and producers of sound
recordings, cinematograph films and computer software, creates an
atmosphere conductive to creativity, which induces them to create
more and motivates others to create.

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 Copyright

Is it not true that strict application of the principle of protection of

copyright hampers economic and cultural development of the society?
Yes.
If copyright protection is applied rigidly, it can hamper progress of the
society.
However, copyright laws are enacted with necessary exceptions and
limitations to ensure that a balance is maintained between the
interests of the creators and of the community.

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 Copyright

To strike an appropriate and viable balance between the rights of the

copyright owners and the interests of the society as a whole, there are
exceptions in the law.
Many types of exploitation of work which are for social purposes such
as education, religious ceremonies, and so on are exempted from the
operation of the rights granted in the Act.

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 Copyright

Copyright in a work is considered as infringed only if a substantial

part is made use of unauthorizedly.
What is ‘substantial’ varies from case to case.
More often than not, it is a matter of quality rather than quantity.
For example, if a lyricist copy a very catching phrase from another
lyricist’s song, there is likely to be infringement even if that phrase is
very short.

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 Copyright

Does the law allow any use of a work without permission of the owner
of the copyright, and, if so, which are they?
Subject to certain conditions:
a fair deal for research
study, criticism, review and news reporting
use of works in library and schools
in the legislatures
is permitted without specific permission of the copyright owners.

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 Copyright

What is the scope of protection in the Copyright Act,1957?

The Copyright Act, 1957 protects original:
literary
dramatic
musical and artistic works
cinematograph films and sound recordings
from unauthorized uses.

Copyright protects the expressions and not the ideas

There is no copyright in an idea

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 Copyright

Does copyright apply to titles and names?

Copyright does not ordinarily protect titles by themselves or names, short
word combinations, slogans, short phrases, methods, plots or factual
information. Copyright does not protect ideas or concepts. To get the
protection of copyright a work must be original.

Work of joint authorship

”Work of joint authorship” means a work produced by the collaboration of
two or more authors in which the contribution of one author is not distinct
from the contribution of the other author or authors.

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 Copyright

An artistic work means:

a painting, a sculpture, a drawing (including a diagram, map, chart or
plan), an engraving or a photograph, whether or not any such work
possesses artistic quality
a work of architecture
any other work of artistic craftsmanship

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 Copyright
Authorship and Ownership
Copyright protects the rights of authors, i.e., creators of intellectual
property in the form of literary, musical, dramatic and artistic works
and cinematograph films and sound recordings.
Ordinarily the author is the first owner of copyright in a work.
In the case of a government work, government shall, in the absence of
any agreement to the contrary, be the first owner of the copyright
therein.

Who is an author?
In the case of a literary or dramatic work the author, i.e., the person
who creates the work
In the case of a musical work, the composer; In the case of a
cinematograph film, the producer
In the case of a sound recording, the producer;
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 Copyright

Owner of copyright in the work of a public undertaking

In the case of a work made or first published by or under the direction or
control of any public undertaking, such public undertaking shall, in the
absence of any agreement to the contrary, be the first owner of the
copyright therein

owner of a work produced during the course of the author’s

employment
In the case of a work made in the course of the author’s employment
under a contract of service or apprenticeship, the employer shall, in the
absence of any agreement to the contrary, be the first owner of the
copyright therein.

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 Copyright

owner of copyright in works by journalists during the course of their

employment
In the case of a literary, dramatic or artistic work made by the author in
the course of his employment by the proprietor of a newspaper, magazine
or similar periodical under a contract of service or apprenticeship, for the
purpose of publication in a newspaper, magazine or similar periodical, the
said proprietor shall, in the absence of any agreement to the contrary, be
the first owner of the copyright in the work in so far as the copyright
relates to the publication of the work in any newspaper, magazine or
similar periodical, or to the reproduction of the work for the purpose of its
being so published, but in all other respects the author shall be the first
owner of the copyright in the work.

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 Copyright

Is copyright assignable?
Yes
The owner of the copyright in an existing work or the prospective
owner of the copyright in a future work may assign to any person the
copyright either wholly or partially and either generally or subject to
limitations and either for the whole term of the copyright or any part
thereof.

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 Copyright

Mode of assigning copyright

It shall be in writing signed by the assignor or by his duly authorised
agent.
It shall identify the specific works and specify the rights assigned and
the duration and territorial extent of such assignment.
It shall also specify the amount of royalty payable, if any, to the
author or his legal heirs during the currency of the assignment and
the assignment shall be subject to revision, extension or termination
on terms mutually agreed upon by the parties.

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 Copyright

The rights vary according to the class of work.

rights in the case of a literary work
In the case of a literary work (except computer programme), copyright
means the exclusive right
To reproduce the work
To issue copies of the work to the public
To perform the work in public
To communicate the work to the public
To make cinematograph film or sound recording in respect of the work
To make any translation of the work
To make any adaptation of the work

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 Copyright

Computer Program
Computer programs are protected under the Copyright Act
They are treated as literary works

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 Copyright
Right of reproduction
The right of reproduction commonly means that no person shall make
one or more copies of a work or of a substantial part of it in any
material form including sound and film recording without the
permission of the copyright owner.
The most common kind of reproduction is printing an edition of a
work.
Reproduction occurs in storing of a work in the computer memory.

Right of communication to the public

Communication to the public means making any work available for
being seen or heard or otherwise enjoyed by the public directly or by
any means of display or diffusion.
The fact that the work in question is accessible to the public is
enough to say that the work is communicated to the public.
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 Copyright

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

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 Copyright

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.
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 New Delhi.

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 Copyright

Application for Registration of Copyright

Copyright Rules, 2013 consists of following point in regard of registration:
Every application for registration of copyright shall be made in
Form-XIV and every application for registration of changes in the
particulars of copyright entered in the Register of Copyright shall be
made in Form-XV.
Every such application shall be in respect of one work only, and shall
be accompanied by the fee.
Every application should be signed only by the applicant, who may be
an author or owner of right. If the application is submitted by the
owner of copyright, it shall be enclosed with an original copy of no
objection certificate issued by the author in his favour.
Every application for registration of a computer programme shall be
accompanied by the source and object code.

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 Copyright

Application for Registration of Copyright

Copyright Rules, 2013 consists of following point in regard of registration:
Every application for registration in respect of an artistic work which
is used or is capable of being used [in relation to any goods or
services], such application shall include a statement to that effect and
shall be accompanied by a certificate from the Registrar of Trade
Marks referred to in section 3 of the Trade Marks Act, 1999, to the
effect that no trade mark identical with or deceptively similar to such
artistic work has been registered under that Act in the name of, or
that no application has been made under that Act for such
registration by, any person other than the applicant.
Every such application can be filed in the Copyright Office by person
or by post or by online filing facility as provided on the website of the
Copyright Office.

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 Copyright

Application for Registration of Copyright

Copyright Rules, 2013 consists of following point in regard of registration:
The person applying for registration shall give notice of his application
to every person who claims or has any interest in the subject-matter
of the copyright or disputes the rights of the applicant to it.
If no objection to such registration is received by the Registrar of
Copyrights within thirty days of the receipt of the application, the
Registrar of Copyrights shall, if satisfied about the correctness of the
particulars given in the application, enter such particulars in the
Register of Copyrights.

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 Copyright

Term of protection of copyright

Except as otherwise hereinafter provided, copyright shall subsist in
any literary, dramatic, musical or artistic work published within the
lifetime of the author until sixty years from the beginning of the
calendar year next following the year in which the author dies.
In the case of literary, dramatic, musical or artistic work (other than a
photograph), which is published anonymously or pseudonymously,
copyright shall subsist until sixty years from the beginning of the
calendar year next following the year in which the work is first
published.

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 Copyright

Copyright Board
The Copyright Act provides for a quasi-judicial body called the
Copyright Board consisting of a Chairman and two or more, but not
exceeding fourteen, other members for adjudicating certain kinds of
copyright cases.
The Chairman of the Board is of the level of a judge of a High Court.
The Board has the power to:
hear appeals against the orders of the Registrar of Copyright;
hear applications for rectification of entries in the Register of
Copyrights;
adjudicate upon disputes on assignment of copyright;

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 Copyright
Copyright Board
The Board has the power to: (cont’d)
grant compulsory licences to publish or republish works (in certain
circumstances);
grant compulsory licence to produce and publish a translation of a
literary or dramatic work in any language after a period of seven years
from the first publication of the work;
hear and decide disputes as to whether a work has been published or
about the date of publication or about the term of copyright of a
work in another country;
fix rates of royalties in respect of sound recordings under the
cover-version provision; and
fix the resale share right in original copies of a painting, a sculpture or
a drawing and of original manuscripts of a literary or dramatic or
musical work.
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 Copyright

Registrar of Copyright
The Registrar of Copyrights has the powers of a civil court when trying a
suit under the Code of Civil Procedure in respect of the following matters,
namely,
summoning and enforcing the attendance of any person and
examining him on oath;
requiring the discovery and production of any document;
receiving evidence on affidavit;
issuing commissions for the examination of witnesses or documents;
requisitioning any public record or copy thereof from any court or
office.

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 Copyright

Collective administration of copyright

Collective administration of copyright is a concept where management
and protection of copyright in works are undertook by a society of
owners of such works.
Obviously no owner of copyright in any work can keep track of all the
uses others make of his work.
When he becomes a member of a national copyright society, that
society, because of its organisational facilities and strength, is able to
keep a better vigil over the uses made of that work throughout the
country and collect due royalties from the users of those works.

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 Copyright

Collective administration of copyright

Because of the country’s membership in international conventions,
the copyright societies are able to have reciprocal agreements with
similar societies in other countries for collecting royalties for the uses
of Indian works in those countries.
From this it can automatically be inferred that it will be in the
interests of copyright owners to join a collective administration
organisation to ensure better protection to the copyright in their works
and for reaping optimum economic benefits from their creations.
Users of different types of works also find it easy to obtain licences for
legal exploitation of the works in question, though the collective
administrative society.

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 Copyright

Copyright society
A copyright society is a registered collective administration society.
Such a society is formed by copyright owners.
The minimum membership required for registration of a society is
seven.
Ordinarily, only one society is registered to do business in respect of
the same class of work.
A copyright society can issue or grant licences in respect of any work
in which copyright subsists or in respect of any other right given by
the Copyright Act.

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 Copyright

Some of the Copyright Societies

Society for Copyright Regulation of Indian Producers for Film and
Television (SCRIPT) 135 Continental Building, Dr. A.B. Road, Worli,
Mumbai 400 018, (for cinematograph and television films).
The Indian Performing Right Society Limited (IPRS), 208, Golden
Chambers, 2nd Floor, New Andheri Link Road, Andheri (W),
Mumbai- 400 058 (for musical works).
Phonographic Performance Limited (PPL) Flame Proof Equipment
Building, B.39, Off New Link Road, Andheri (West), Mumbai 400
053 (for sound recordings).

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 Patent

Patent in India
The Patents Act, 1970
Patents (Amendment) Rules, 2016

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 Patent

INVENTIONS NOT PATENTABLE

an invention which is frivolous or which claims anything obviously
contrary to well established natural laws;
an invention the primary or intended use or commercial exploitation
of which could be contrary to public order or morality or which causes
serious prejudice to human, animal or plant life or health or to the
environment;
the mere discovery of a scientific principle or the formulation of an
abstract theory or discovery of any living thing or non-living substance
occurring in nature;

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 Patent

INVENTIONS NOT PATENTABLE

the mere discovery of a new form of a known substance which does
not result in the enhancement of the known efficacy of that substance
or the mere discovery of any new property or new use for a known
substance or of the mere use of a known process, machine or
apparatus unless such known process results in a new product or
employs at least one new reactant;
Explanation.—For the purposes of this clause, salts, esters, ethers,
polymorphs, metabolites, pure form, particle size, isomers, mixtures of
isomers, complexes, combinations and other derivatives of known
substance shall be considered to be the same substance, unless they
differ significantly in properties with regard to efficacy;

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 Patent

INVENTIONS NOT PATENTABLE

a substance obtained by a mere admixture resulting only in the
aggregation of the properties of the components thereof or a process
for producing such substance;
the mere arrangement or re-arrangement or duplication of known
devices each functioning independently of one another in a known
way;
a method of agriculture or horticulture;
any process for the medicinal, surgical, curative, prophylactic
diagnostic, therapeutic, or other treatment of human beings or any
process for a similar treatment of animals to render them free of
disease or to increase their economic value or that of their products.

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 Patent

INVENTIONS NOT PATENTABLE

plants and animals in whole or any part thereof other than micro
organisms but including seeds, varieties and species and essentially
biological processes for production or propagation of plants and
animals;
a mathematical or business method or a computer programme per se
or algorithms;
a literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever including cinematographic works and television
productions;
a mere scheme or rule or method of performing mental act or method
of playing game;

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 Patent

INVENTIONS NOT PATENTABLE

a presentation of information;
topography of integrated circuits;
an invention which in effect, is traditional knowledge or which is an
aggregation or duplication of known properties of traditionally known
component or components.
Inventions relating to atomic energy not patentable: No patent shall
be granted in respect of an invention relating to atomic energy

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 Patent

Compulsory licences
At any time after the expiration of three years from the date of the grant
of a patent, any person interested may make an application to the
Controller for grant of compulsory licence on patent on any of the
following grounds, namely:
that the reasonable requirements of the public with respect to the
patented invention have not been satisfied,or
that the patented invention is not available to the public at a
reasonably affordable price, or
that the patented invention is not worked in the territory of India

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 Patent

Term of Patent
The term of Patent is 20 years from the date of filing of application

Information available at the Website

Indian Patent Information Retrieval System (IPIRS) provides information
on:
Granted Patents;
Published Patent Applications;
Controller‘s decisions; and
Patent Application status

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 Trademark

Trademark
Trade Marks Act, 1999
A trademark is a sign capable of distinguishing the goods or services
of one enterprises from others
A word, combination of words, letters, and numerals can constitute a
trademark.
It may consists of drawing and symbol.
Its term is 10 years normally and renewed indefinitely.

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 Geographical Indication

Geographical Indications
The Geographical Indications of Goods (Registration and Protection)
Act, 1999
Sign used on products: specific geographical origin and possesss
qualities or a reputation that are due to that origin

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