Software Patent: Computer Program Patents in India A software patent can be defined as a patent...
Intellectual property right is playing a major role in the development of the economy globally. The zone of Intellectual property right is very vast as it covers – Copyright, Patent, Trademark, Design, Utility model, Trade secrets and Geographical Indications. It indicates the creation of human minds that can be in any form like-Invention, Artistic Work, Literary work, Symbols and Design. It protects the interest of the person who has created it.
Copyright protects the various section of society:
Copyright has its root in the Common Law system and is a well-recognized form of intellectual property right. As the name suggests it gives the author an exclusive right to stop others from copying the literature produced by him. Copyright not only covers and protects (Literary, dramatic, musical and artistic works) but also protects the copying of sound recordings, films,typographical arrangements of publications and cable programs.
Copyright means to enjoy the exclusive right given to do or authorize the doing of the following act –
Reproducing the work in any material form, issuing copies of work to the public which are not in circulation, performing the work in public and also communicating it and cinematographic making.
It also includes translation and adaption of the same work.
To perform or do such acts specified in respect of literary, dramatic and musical work, or to sell computer program or give on commercial rental. Note-Commercial rental does not apply in respect of computer programmes where the computer programme is not the essential object of rental.
Making a copy of the film, selling or giving on hire,communicating the film/sound recording to the public.
To sell or give on hire or offer for sale any copy of sale recording.
There are two types of license under copyright registration–
Exclusive right is a right with a single owner. Whether Individual or Company as a licensee solely has a right to use or copy or distribute the work in the way specified in the license.
When the licencor gives the specific right to more than one license to use, copy or distribute (Individual or company).
A specific right given to publish a book in Sanskrit to specific publisher say to Mr. Yug in India for 15 years.
A publisher i.e. Yug does not have the exclusive right to publish the same book in other language and in any other country for 15 years.
To sell a software CD is specifically given to 2 publishers i.e. P and R in India for 10 years.
A Certain class of work is there in the Copyright Act and Copyright applies in the following class of works –
Original Work must be sufficiently distinct from existing work so as represent a level of uniqueness in the work/content. It represents the expression which is original or creativity of the author in the content /class of work. Originality does not require novelty but an independent creation.Copyright protection is given when the work is original and creative.
Copyright protection is only provided when there is some aspect of creativity. The expression of the work requires to be original. As per the Act the originality is a minimum amount of originality.
For creative expression,the medium must be tangible. The work must be recorded in a Tangible format. For receiving copyright protection, the work done must be recorded in the Tangible format. Prior to the recording if the work expression is communicated in the public domain, it may find itself being incapable of copyright protection. The Tangible medium must be fixed to perceived,reproduced for more than a transitory period. It must meet the PRC requirement (Perceived, Reproduced, communicated in a medium.
The boundaries are uncertain which separates ideas and expression variation based on the type of work involved. Literary and visual works have protected elements i.e.
The Copyright holder carries various rights which include-
Copyright registration is not mandatory, but to the seek legal remedy from the court as it acts as a prima facie evidence. In case of any discrepancies/dispute,Copyright registration is the best way for attaining remedy and the ownership.
In Copyright, timely registration gives the author to recover the possible attorney’s fees/royalty and statutory damages. Timely registration qualifies the author to receive the statutory damages in case of infringement. As both published and unpublished work can be registered under Copyright Act.
Author has the complete right, so without his/her permission nobody can use the work for commercial gain.Only the author has right to distribute, to copyright, to translate and the right to adaption of some work.