INTELLECTUAL PROPERTY RIGHT

Introduction

Intellectual Property Rights (IPRs) have been defined as ideas,

inventions and creative expressions on which there is a public willingness to
bestow the status of property (David 1993). IPRs provide certain exclusive
rights to the creators of IP, in order to enable them to reap commercial
benefits from their creative efforts or reputation. The purpose of IPR
legislation is to protect against unauthorized imitation, copying or deceptive
usage of identifying marks.

Intellectual property means the property represented by the product

emanating from creativity of the human mind, human intellect and creative
ideas. It can be an invention, original design practical application of a new
idea, artistic creation etc.

The intellectual property is an asset and such it can be bought, sold,

managed, licensed, exchanged or gratuitously given away like any other
form of the property. Further by acquiring a legal right over the property, the
creator of the IP seeks to ensure that he has exclusive right over it and the
property can be put to use by others only with his consent. Besides
ownership of intellectual property right is the legal recognition and reward
you receive for your creative efforts, source of national wealth and mark of
an economic leadership in the context of global market scenario.

India showed signs of resistance to quick enforcement of international

intellectual property right (IPR) protection laws as demanded by the
 INTELLECTUAL PROPERTY RIGHT

developed countries, particularly the US. Under the terms of the WTO, India
is required to implement WTO-standard IPR protection laws by 2005. It
must be acknowledged that there has been remarkable progress in IPR
protection the field of software and cinema products.

Indian officials have pledged to introduce another bill in parliament

which, if passed, will put India in compliance with its TRIPS obligations. The
bottom-line is that India considers itself a responsible member of the WTO
which suggests that international class IPR protection should be in place by
2005. Besides, given India's determination to emerge as a power in the
global software industry, it is most likely that all IPR protection laws will be
instituted and enforced by 2005. Note that Bill Gates, the chief executive
officer of Microsoft Corporation, has distinguished India as a most promising
base for software development. If such an IPR-conscious business leader
like Gates is of this opinion, one can only conclude that India's IPR scene is
no deterrent to foreign companies.

INTELLECTUAL PROPERTY IN EVERYDAY LIFE

Intellectual property surrounds us in nearly everything we do. At home, at

school, at work. At rest and at play. No matter what we do, we are
surrounded by the fruits of human creativity and invention.

Taken this concept and created a virtual tour of IP in everyday life.

Based on an exhibition called At Home with Invention, the tour provides a
 INTELLECTUAL PROPERTY RIGHT

broad, interactive excursion into the various areas of intellectual property in

a familiar setting. Take a few minutes to find out how we are all . . .

Legislations on Intellectual Property Rights:

The following legislation on Intellectual property Rights are in force in

India:

1. The patents act, 1970 as amended by the Patents act2005[Effective

from 1-1-2005] along with the Patents Rules as amended by
patents(amendment) rules 2006

2. The designs act,2000 along with the designs rules 2001

3. The trade marks act,1999 along with the trademarks rules,2002

4. The Geographical indications of Goods (registration and protection)

Act 1999 and

The Geographical indications of Goods (registration and protection)

rules, 2002
 INTELLECTUAL PROPERTY RIGHT

As laws governing the grant of all these Intellectual properties vary from
country to country, there are global efforts to harmonize IP laws and
procedures to establish minimum standard for IP protection. These
efforts are reflected in the international treaties and conventions, like
Paris cooperation treaty and TRIPS, which have been ratified by most
of the countries.

Need for the Intellectual Property Rights

Any property has to be protected in order to save it inform an

unauthorized use. Similarly the intellectual Property rights also need to
be protected from infringement.

• IPRs relates to new ideas, new technologies, new product and

evolution of knowledge-based industrial environment, IPRs are key
elements for gaining competitive edge of the industry and ascertaining
the desired success and preserving exclusive markets.

• The cost of R&D to develop new products and new processes is rising
sharply and hence there is a need to increase and accelerate the extent
of production of IPRs to get reasonable return on investment and
reduce the risk and uncertainty.

• IPR protection provides an incentive to inventors for further research

and investment in R&D which leads to creation of new and better
 INTELLECTUAL PROPERTY RIGHT

products and, in turn, brings about economic growth and social

benefits.

• IPRs are emerging as a new wealth and power of nations. IPRs through
propagation of new knowledge and ideas lead to creation of new and
better products and bring about industrial, economic and social
development of the country.

TYPES OF INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights can be broadly divided in to two categories

Industrial property

- Patent

- Trademark

- Industrial design

- Geographical indication of source

Copyrights

- Broad carry of literature

 INTELLECTUAL PROPERTY RIGHT

- Artistic work remaining from news paper articles to novels, From

drawing to painting to architectural work, from music to dance,
from photography to film as well as artistic performance.

PATENTS

What is a Patent?

A patent is an exclusive right granted for an invention, which is a

product or a process that provides, in general, a new way of doing
something, or offers a new technical solution to a problem. In order to be
patentable, the invention must fulfill certain conditions.

A patent provides protection for the invention to the owner of the

patent. The protection is granted for a limited period, generally 20 years.

Patent protection means that the invention cannot be commercially

made, used, distributed or sold without the patent owner's consent. These
patent rights are usually enforced in a court, which, in most systems, holds
the authority to stop patent infringement. Conversely, a court can also
declare a patent invalid upon a successful challenge by a third party.

Need for the Patent system:

 INTELLECTUAL PROPERTY RIGHT

• Patent system encourages an inventor to disclose his inventions instead of

keeping it secret and provides a reasonable assurance of working and
commercialization of the invention.

• Patent system gives legal protection to patentee, enabling him to enjoy the
right without any fear of copying, and raise the capital required for working
his invention on a commercial scale.

• The industries or R&D centers can make use of the technology disclosed in
the patent literature as stepping stone, avoiding thereby the redundant
research.

• It provides an inducement to invest capital in the new lines of production

and in joint ventures and, thus, provides immense help for development and
upgradation of technology and acts as a stimulant for economic growth.

• One may get a good return on investment made in R&D through Patent
Right.

• It helps for taking up scientific exploration into the exploration into the
unexplored and uncovered areas

• The vast quantum of patent literature offers an ocean of scientific and

technological knowledge and information for the use of public. A patented
invention becomes available to public for free use when it ceases to be in
effect.
 INTELLECTUAL PROPERTY RIGHT

• Patent acts as a tradable industrial asset for an enterprise. A strong patent

portfolio of the company is an indication of its good economic health. It
encourages R&D activities by becoming a “tool” for technology transfer.

PATENT RIGHTS- FEATURES

• Patent enunciates a contact between an inventor/applicant and the

government. A patent is an exclusive rights granted by Government to
the applicant or his assignee, for his disclosed invention of industrial
invention of industrial product or process which should be new , non
obvious, useful and patentable as per the patentability criteria laid
down in the national law.

• Patent right is granted for a limited period. It gives territorial right and
can be enforced to only in the country where it has been granted.

• The patent right enables the inventor to derive material benefit , to

which he is entitled, as a reward for his intellectual efforts and
compensation for expenses incurred for in research and
experimentation relating to his invention.

• Patent right gives protection against infringements and creates

possibility of assigning or licensing of the right and enables the
patentee to take legal action against any person who is exploiting the
 INTELLECTUAL PROPERTY RIGHT

patented invention without consent or license from the patentee a

patentee.

• The grant of patent right by the government does not mean that the
government itself would automatically enforce the patent rigtht. It is up
to the owner to bring an action, usually under civil law, for any
infringement of his patent right.

Inventions which are not patentable:

• An invention which is frivolous or claims anything obviously contrary

to well established natural laws.

• An invention the primary or intended use or commercial 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.

• A substance obtained by a mere admixture resulting only in the

aggregation of properties of the components thereof or a process for
producing such substance

• The mere arrangement or duplication of known devices each

functioning independently of one another in a known way.
 INTELLECTUAL PROPERTY RIGHT

• A method of agriculture or horticulture.

• 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
animal.

• A computer programme per se other than its technical application to

industry or a combination with hardware.

• A presentation of information topography, of integrated circuits

• An invention which in effect is traditional knowledge is an aggregation

or duplication of known properties of traditionally components.

PATENTING PROCEDURES

HOW TO APPLY FOR PATENT

• Any person who is true and first inventor or his assignee or legal
representative is entitled to apply for a patent either alone or jointly
with other person to protect his invention through patent right.
 INTELLECTUAL PROPERTY RIGHT

• The applicant has to ensure that the application for patent relates to
single invention connected by the common technical effect.

• The prescribed forms for applying for patent is as below

REGISTRATION FORM FOR PATENTS IN INDIA

Name of the Applicant

Age

S/o.

Residing at

Postal Address

PIN/ZIP
Ph.Nos, Office,
Residence/ Mobile

E-mail

District

State

Nationality

Specification in English, with drawings, if any.

 INTELLECTUAL PROPERTY RIGHT

Power of attorney duly signed by the applicant.

WHO CAN APPLY FOR PATENT?

a) For ordinary patent:- Any person, whether a citizen of India, or

not claiming to be the true and first inventor or his assignee or legal
representative, either alone or jointly with any other .

b) For patent of addition:- the application of original patent to which the

invention is an addition can only file a patent of addition.

c) For convention application:- any person who is applicant in a

convention country or his assignee.

d) Application under PTC :- an applicant for international application

under PTC

DOCUMENTS NECESSARY FOR FILLING PATENT APPLICATION

1. Application in prescribed form in duplicate with prescribed fees.

2. Provisional or complete specification along with drawing, if any, in

duplicate

3. Abstract of invention in duplicate

 INTELLECTUAL PROPERTY RIGHT

4. A statement and understanding regarding foreign filing under section

8 of the act

5. In case, provisional specification is filed first or application is a

convention application then a declaration as to inventorship in the
prescribed form, to be filed along with complete specification

6. In case of convention application, a certified copy of specification filed

earlier by the applicant in the convention country is required to be
submitted

7. A duly stamped power of attorney is required in case the application

is filed through a patent attorney

TRADEMARKS

What is a trademark?
A trademark is a distinctive sign which identifies certain goods or services
as those produced or provided by a specific person or enterprise. Its origin
dates back to ancient times, when craftsmen reproduced their signatures,
or "marks" on their artistic or utilitarian products. Over the years these
marks evolved into today's system of trademark registration and protection.
The system helps consumers identify and purchase a product or service
because its nature and quality, indicated by its unique trademark, meets
their needs.
 INTELLECTUAL PROPERTY RIGHT

What does a trademark do?

A trademark provides protection to the owner of the mark by ensuring
the exclusive right to use it to identify goods or services, or to authorize
another to use it in return for payment. The period of protection varies, but
a trademark can be renewed indefinitely beyond the time limit on payment
of additional fees. Trademark protection is enforced by the courts, which in
most systems have the authority to block trademark infringement.
In a larger sense, trademarks promote initiative and enterprise
worldwide by rewarding the owners of trademarks with recognition and
financial profit. Trademark protection also hinders the efforts of unfair
competitors, such as counterfeiters, to use similar distinctive signs to
market inferior or different products or services. The system enables people
with skill and enterprise to produce and market goods and services in the
fairest possible conditions, thereby facilitating international trade.

What kinds of trademarks can be registered?

The possibilities are almost limitless. Trademarks may be one or a
combination of words, letters, and numerals. They may consist of drawings,
symbols, three- dimensional signs such as the shape and packaging of
goods, audible signs such as music or vocal sounds, fragrances, or colors
used as distinguishing features.
In addition to trademarks identifying the commercial source of goods
or services, several other categories of marks exist. Collective marks are
 INTELLECTUAL PROPERTY RIGHT

owned by an association whose members use them to identify themselves

with a level of quality and other requirements set by the association.
Examples of such associations would be those representing
accountants, engineers, or architects. Certification marks are given for
compliance with defined standards, but are not confined to any
membership. They may be granted to anyone who can certify that the
products involved meet certain established standards. The internationally
accepted "ISO 9000" quality standards are an example of such widely-
recognized certifications.

How is a trademark registered?

First, an application for registration of a trademark must be filed with
the appropriate national or regional trademark office. The application must
contain a clear reproduction of the sign filed for registration, including any
colors, forms, or three-dimensional features. The application must also
contain a list of goods or services to which the sign would apply. The sign
must fulfill certain conditions in order to be protected as a trademark or
other type of mark. It must be distinctive, so that consumers can distinguish
it as identifying a particular product, as well as from other trademarks
identifying other products. It must neither mislead nor deceive customers or
violate public order or morality.
Finally, the rights applied for cannot be the same as, or similar to,
rights already granted to another trademark owner. This may be
 INTELLECTUAL PROPERTY RIGHT

determined through search and examination by the national office, or by

the opposition of third parties who claim similar or identical rights.

How extensive is trademark protection?

Almost all countries in the world register and protect trademarks.
Each national or regional office maintains a Register of Trademarks which
contains full application information on all registrations and renewals,
facilitating examination, search, and potential opposition by third parties.
The effects of such a registration are, however, limited to the country (or, in
the case of a regional registration, countries) concerned.
In order to avoid the need to register separately with each national or
regional office, WIPO administers a system of international registration of
marks. This system is governed by two treaties, the Madrid Agreement
Concerning the International Registration of Marks and the Madrid
Protocol. A person who has a link (through nationality, domicile or
establishment) with a country party to one or both of these treaties may, on
the basis of a registration or application with the trademark office of that
country, obtain an international registration having effect in some or all of
the other countries of the Madrid Union. At present, more than 60 countries
are party to one or both of the agreements.

INDUSTRIAL DESIGNS
 INTELLECTUAL PROPERTY RIGHT

What is an industrial design?

An industrial design is the ornamental or aesthetic aspect of an article. The

design may consist of three-dimensional features, such as the shape or
surface of an article, or of two-dimensional features, such as patterns, lines
or color.

Industrial designs are applied to a wide variety of products of industry and

handicraft: from technical and medical instruments to watches, jewelry, and
other luxury items; from house wares and electrical appliances to vehicles
and architectural structures; from textile designs to leisure goods.

To be protected under most national laws, an industrial design must appeal

to the eye. This means that an industrial design is primarily of an aesthetic
nature, and does not protect any technical features of the article to which it
is applied

Why protect industrial designs?

Industrial designs are what make an article attractive and appealing;

hence, they add to the commercial value of a product and increase its
marketability.

When an industrial design is protected, the owner - the person or entity

that has registered the design - is assured an exclusive right against
unauthorized copying or imitation of the design by third parties. This helps
to ensure a fair return on investment. An effective system of protection also
 INTELLECTUAL PROPERTY RIGHT

benefits consumers and the public at large, by promoting fair competition

and honest trade practices, encouraging creativity, and promoting more
aesthetically attractive products.

Protecting industrial designs helps economic development, by encouraging

creativity in the industrial and manufacturing sectors, as well as in
traditional arts and crafts. They contribute to the expansion of commercial
activities and the export of national products.

Industrial designs can be relatively simple and inexpensive to develop and

protect. They are reasonably accessible to small and medium-sized
enterprises as well as to individual artists and craftsmen, in both
industrialized and developing countries.

How can industrial designs be protected?

In most countries, an industrial design must be registered in order to be

protected under industrial design law. As a general rule, to be registrable,
the design must be "new" or " original". Different countries have varying
definitions of such terms, as well as variations in the registration process
itself. Generally, "new" means that no identical or very similar design is
known to have existed before. Once a design is registered, a registration
certificate is issued. Following that, the term of protection is generally five
years, with the possibility of further periods of renewal up to, in most
cases, 15 years.
 INTELLECTUAL PROPERTY RIGHT

Depending on the particular national law and the kind of design, an

industrial design may also be protected as a work of art under copyright
law. In some countries, industrial design and copyright protection can exist
concurrently. In other countries, they are mutually exclusive: once the
owner chooses one kind of protection, he can no longer invoke the other.

Under certain circumstances an industrial design may also be protectable

under unfair competition law, although the conditions of protection and the
rights and remedies ensured can be significantly different.

How extensive is industrial design protection?

Generally, industrial design protection is limited to the country in which

protection is granted. Under the Hague Agreement Concerning the
International Deposit of Industrial Designs, a WIPO-administered treaty, a
procedure for an international registration is offered. An applicant can file a
single international deposit either with WIPO or the national office of a
country which is party to the treaty. The design will then be protected in as
many member countries of the treaty as the applicant wishes.

GEOGRAPHICAL INDICATIONS

What is a geographical indication?

A geographical indication is a sign used on goods that have a specific

geographical origin and possess qualities or a reputation that are due to
 INTELLECTUAL PROPERTY RIGHT

that place of origin. Most commonly, a geographical indication consists of

the name of the place of origin of the goods. Agricultural products typically
have qualities that derive from their place of production and are influenced
by specific local factors, such as climate and soil. Whether a sign functions
as a geographical indication is a matter of national law and consumer
perception. Geographical indications may be used for a wide variety of
agricultural products, such as, for example, "Tuscany" for olive oil produced
in a specific area of Italy (protected, for example, in Italy by Law No. 169 of
February 5, 1992), or "Roquefort" for cheese produced in France
(protected, for example, in the European Union under Regulation (EC) No.
2081/92 and in the United States under US Certification Registration Mark
No. 571.798).

What does a geographical indication do?

A geographical indication points to a specific place or region of

production that determines the characteristic qualities of the product that
originates therein. It is important that the product derives its qualities and
reputation from that place. Since those qualities depend on the place of
production, a specific "link" exists between the products and their original
place of production.

Why do geographical indications need protection?

Geographical indications are understood by consumers to denote the

origin and the quality of products. Many of them have acquired valuable
reputations which, if not adequately protected, may be misrepresented by
 INTELLECTUAL PROPERTY RIGHT

dishonest commercial operators. False use of geographical indications by

unauthorized parties is detrimental to consumers and legitimate producers.
The former are deceived and led into believing to buy a genuine product
with specific qualities and characteristics, while they in fact get a worthless
imitation. The latter suffer damage because valuable business is taken
away from them and the established reputation for their products is
damaged.

Difference between a geographical indication and a trademark?

A trademark is a sign used by an enterprise to distinguish its goods

and services from those of other enterprises. It gives its owner the right to
exclude others from using the trademark. A geographical indication tells
consumers that a product is produced in a certain place and has certain
characteristics that are due to that place of production. It may be used by
all producers who make their products in the place designated by a
geographical indication and whose products share typical qualities.

How is a geographical indication protected?

Geographical indications are protected in accordance with national

laws and under a wide range of concepts, such as laws against unfair
competition, consumer protection laws, laws for the protection of
certification marks or special laws for the protection of geographical
indications or appellations of origin. In essence, unauthorized parties may
not use geographical indications if such use is likely to mislead the public
as to the true origin of the product. Applicable sanctions range from court
 INTELLECTUAL PROPERTY RIGHT

injunctions preventing the unauthorized use to the payment of damages

and fines or, in serious cases, imprisonment.

How are geographical indications protected on the international

level?

A number of treaties administered by the World Intellectual Property

Organization (WIPO) provide for the protection of geographical indications,
most notably the Paris Convention for the Protection of Industrial Property
of 1883, and the Lisbon Agreement for the Protection of Appellations of
Origin and Their International Registration. In addition, Articles 22 to 24 of
the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) deal with the international protection of geographical indications
within the framwork of the World Trade Organization (WTO).

What is a "generic" geographical indication?

If a geographical term is used as the designation of a kind of product,

rather than an indication of the place of origin of that product, this term
does no longer function as a geographical indication. Where that has
occurred in a certain country over a substantial period of time, that country
may recognize that consumers have come to understand a geographical
term that once stood for the origin of the product - for example, "Dijon
Mustard," a style of mustard originally from the French town of Dijon - to
denote now a certain kind of mustard, regardless of its place of production.
 INTELLECTUAL PROPERTY RIGHT

What is WIPO's role in protection geographical indications?

WIPO is in charge of the administration of a number of international

agreements which deal partly or entirely with the protection of
geographical indications (see, in particular, the Paris Convention for the
Protection of Industrial Property, and the Lisbon Agreement for the
Protection of Appellations of Origin and Their International Registration).
Furthermore, through the work of the Standing Committee on the Law of
Trademarks, Industrial Designs and Geographical Indications, made up of
representatives of member States and interested organizations, WIPO
explores new ways of enhancing the international protection of
geographical indications.

COPYRIGHT
What Is Copyright
Copyright is an exclusive right to make and dispose of copies of a literary,
musical, or artistic work.
or
Copyright is a form of protection provided by the laws to the authors of
“original works of authorship,” including literary, dramatic, musical, artistic,
and certain other intellectual works. This protection is available to both
published and unpublished works. Copyright Act generally gives the owner
of copyright the exclusive right to do and to authorize others to do the
following:
• To reproduce the work in copies or phonorecords;
 INTELLECTUAL PROPERTY RIGHT

• To prepare derivative works based upon the work;

• To distribute copies or phonorecords of the work to the public by sale
or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and motion pictures and
other audiovisual works;
• To display the work publicly, in the case of literary, musical, dramatic,
and choreographic works, pantomimes, and pictorial, graphic, or
sculptural works, including the individual images of a motion picture
or other audiovisual work; and
• In the case of sound recordings*, to perform the work publicly by
means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of
attribution and integrity It is illegal for anyone to violate any of the rights
provided by the copyright law to the owner of copyright. These rights,
however, are not unlimited in scope. Copyright Act establishes limitations
on these rights. In some cases, these limitations are specified exemptions
from copyright liability. One major limitation is the doctrine of “fair use,”
which is given a statutory basis in Copyright Act. In other instances, the
limitation takes the form of a “compulsory license” under which certain
limited uses of copyrighted works are permitted upon payment of specified
royalties and compliance with statutory conditions. For further information
about the limitations of any of these rights, consult the copyright law or
write to the Copyright Office.
 INTELLECTUAL PROPERTY RIGHT

Who Can Claim Copyright?

Copyright protection subsists from the time the work is created in fixed
form. The copyright in the work of authorship immediately becomes the
property of the author who created the work. Only the author or those
deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is
considered to be the author. Section 101 of the copyright law defines a
“work made for hire” as:
1. a work prepared by an employee within the scope of his or her
employment; or
2. a work specially ordered or commissioned for use as:
• a contribution to a collective work

• a part of a motion picture or other audiovisual work

• a translation

• a supplementary work

• a compilation

• an instructional text

• a test

• answer material for a test

• an atlas
 INTELLECTUAL PROPERTY RIGHT

if the parties expressly agree in a written instrument signed by them that

the work shall be considered a work made for hire.
The authors of a joint work are co-owners of the copyright in the work,
unless there is an agreement to the contrary.
Copyright in each separate contribution to a periodical or other collective
work is distinct from copyright in the collective work as a whole and vests
initially with the author of the contribution.
Two General Principles
• Mere ownership of a book, manuscript, painting, or any other copy or
phonorecords does not give the possessor the copyright. The law
provides that transfer of ownership of any material object that
embodies a protected work does not of itself convey any rights in the
copyright.
• Minors may claim copyright, but state laws may regulate the business
dealings involving copyrights owned by minors. For information on
relevant state laws, consult an attorney.
Copyright and National Origin of the Work
Copyright protection is available for all unpublished works, regardless of
the nationality or domicile of the author.
Published works are eligible for copyright protection in the United States if
any one of the following conditions is met:
• On the date of first publication, one or more of the authors is a
national or domiciliary of the United States, or is a national,
 INTELLECTUAL PROPERTY RIGHT

domiciliary, or sovereign authority of a treaty party,* or is a stateless

person wherever that person may be domiciled; or
• The work is first published in the United States or in a foreign nation
that, on the date of first publication, is a treaty party. For purposes of
this condition, a work that is published in the United States or a treaty
party within 30 days after publication in a foreign nation that is not a
treaty party shall be considered to be first published in the United
States or such treaty party, as the case may be; or
• The work is a sound recording that was first fixed in a treaty party; or
• The work is a pictorial, graphic, or sculptural work that is incorporated
in a building or other structure, or an architectural work that is
embodied in a building and the building or structure is located in the
United States or a treaty party; or
• The work is first published by the United Nations or any of its
specialized agencies, or by the Organization of American States; or
• The work is a foreign work that was in the public domain in the United
States prior to 1996 and its copyright was restored under the Uruguay
Round Agreements Act (URAA). Request Circular 38b, Highlights of
Copyright Amendments Contained in the Uruguay Round Agreements
Act (URAA-GATT), for further information.
• The work comes within the scope of a Presidential proclamation.
What Works Are Protected?
Copyright protects “original works of authorship” that are fixed in a tangible
form of expression. The fixation need not be directly perceptible so long as
 INTELLECTUAL PROPERTY RIGHT

it may be communicated with the aid of a machine or device.

Copyrightable works include the following categories:
1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works
These categories should be viewed broadly. For example, computer
programs and most “compilations” may be registered as “literary works”;
maps and architectural plans may be registered as “pictorial, graphic, and
sculptural works.”

What Is Not Protected by Copyright?

Several categories of material are generally not eligible for federal
copyright protection. These include among others:
• Works that have not been fixed in a tangible form of expression (for
example, choreographic works that have not been notated or
recorded, or improvisational speeches or performances that have not
been written or recorded)
 INTELLECTUAL PROPERTY RIGHT

• Titles, names, short phrases, and slogans; familiar symbols or

designs; mere variations of typographic ornamentation, lettering, or
coloring; mere listings of ingredients or contents
• Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, as distinguished from a
description, explanation, or illustration
• Works consisting entirely of information that is common property and
containing no original authorship (for example: standard calendars,
height and weight charts, tape measures and rulers, and lists or
tables taken from public documents or other common sources)

Copyright Registration
In general, copyright registration is a legal formality intended to make a
public record of the basic facts of a particular copyright. However,
registration is not a condition of copyright protection. Even though
registration is not a requirement for protection, the copyright law provides
several inducements or advantages to encourage copyright owners to
make registration. Among these advantages are the following:
• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is
necessary for works of U.S. origin.
• If made before or within 5 years of publication, registration will
establish prima facie evidence in court of the validity of the copyright
and of the facts stated in the certificate.
 INTELLECTUAL PROPERTY RIGHT

• If registration is made within 3 months after publication of the work or

prior to an infringement of the work, statutory damages and attorney's
fees will be available to the copyright owner in court actions.
Otherwise, only an award of actual damages and profits is available
to the copyright owner.
• Registration allows the owner of the copyright to record the
registration with the U. S. Customs Service for protection against the
importation of infringing copies.
Registration may be made at any time within the life of the
copyright. Unlike the law before 1978, when a work has been
registered in unpublished form, it is not necessary to make another
registration when the work becomes published, although the
copyright owner may register the published edition, if desired.

Registration Procedures
Original Registration
To register a work, send the following three elements in the same envelope
:
1. A properly completed application form.
2. A nonrefundable filing fee* for each application.
3. A nonreturnable deposit of the work being registered. The deposit
requirements vary in particular situations. The general requirements
follow. Also note the information under “Special Deposit
Requirements.”
 INTELLECTUAL PROPERTY RIGHT

o If the work was first published in the United States on or after

January 1, 1978, two complete copies or phonorecords of the
best edition.
o If the work was first published in the United States before
January 1, 1978, two complete copies or phonorecords of the
work as first published.
o If the work was first published outside the United States, one
complete copy or phonorecords of the work as first published.
o If sending multiple works, all applications, deposits, and fees
should be sent in the same package. If possible, applications
should be attached to the appropriate deposit. Whenever
possible, number each package (e.g., 1 of 3, 2 of 4) to facilitate
processing.

Who May File an Application Form?

The following persons are legally entitled to submit an application form:
• The author. This is the person who actually created the work or, if the
work was made for hire, the employer or other person for whom the
work was prepared.
• The copyright claimant. The copyright claimant is defined in Copyright
Office regulations as either the author of the work or a person or
organization that has obtained ownership of all the rights under the
copyright initially belonging to the author. This category includes a
 INTELLECTUAL PROPERTY RIGHT

person or organization who has obtained by contract the right to claim

legal title to the copyright in an application for copyright registration.
• The owner of exclusive right(s). Under the law, any of the exclusive
rights that make up a copyright and any subdivision of them can be
transferred and owned separately, even though the transfer may be
limited in time or place of effect. The term “copyright owner” with
respect to any one of the exclusive rights contained in a copyright
refers to the owner of that particular right. Any owner of an exclusive
right may apply for registration of a claim in the work.
• The duly authorized agent of such author, other copyright claimant, or
owner of exclusive right(s). Any person authorized to act on behalf of
the author, other copyright claimant, or owner of exclusive rights may
apply for registration.
There is no requirement that applications be prepared or filed by an
attorney.

REFERENCE
INTELLECTUAL PROPERTY RIGHT