Summary
The Copyright Act of 1957 governs the protection of copyright in India. Protection covers original literary, dramatic, musical and artistic works, cinematograph films and sound recording.
Registration of a copyright is optional and is a property flowing naturally from the act of creation without the formality of registration provided the subject matter is in some permanent form. This right is enjoyed by the residents of all member countries of the Berne Convention and the Universal Copyright Convention, to the extent of protection given by these countries to Indian residents.
Those seeking registration of copyrightable works shall have to deposit four copies of the work with the Registrar of Copyrights. The duration of protection is the lifetime of the author plus 60 years following his/her death.
Infringement of copyright is both a civil and criminal offence. A copyright owner can seek remedies from the court.
India is a ...
Summary
As per the Paris Convention, an applicant can claim priority of up to 6 months in India. The International Classification for Industrial Designs under the Locarno Agreement (32 Classes) is implemented in India, although India is not a party to the Agreement. Industrial designs are protected in India through registration with the Patent Office.
Once a design application is filed, the examiner shall examine the application for novelty and other legal requirements. The design should be new, original and should not have been disclosed anywhere in India or any other country by publication or by use prior to the filing date or priority date. A certificate of registration is issued in respect of a design application accepted by the Controller and published in the Official Gazette. Any person interested may present a petition to the Controller for the cancellation of the registration of the design at any time after the registration of the design for lack of novelty ...
Summary
Domain names with the following extensions can be registered in India:
Top-Level Domain
.in: Country Code Top-Level Domain
Second-Level Domains
.co.in: commercial enterprises
.net.in: involved in Internet infrastructure
.org.in: non-profit organizations
.gen.in: general companies/organizations/firms, etc.
.firm.in: firms in general
.ind.in: individuals
Summary
Under the Paris Convention, an application should be filed in India within 12 months from the date of the basic application filed in the home country of the applicant.
For national phase entry under the Patent Cooperation Treaty (PCT)- as against the minimum period of 30 months prescribed by the PCT- the Indian law allows 31 months to enter into National Phase from the earliest priority date. Amendments made to the international application in response to the Search Report or Preliminary Examination Report can be considered as amendments made to the patent's specifications at the option of the applicant(s).
All applications are published after 18 months of the priority date or filing date of the application whichever is earlier. In case of national phase applications under the PCT, they are published immediately after filing, as 18 months from the priority date would have been generally over. An applicant can ...
Summary
India is a member of the Paris Convention for the Protection of Industrial Property; hence an applicant can claim priority of up to 6 months as per the convention. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement which consists of 42 classes is followed in India.
The revised trademark law (Trade Mark Act, 1999), which came into effect on September 15, 2003, allows for the protection of service marks in the international classes 35 to 42. Multi-class applications are also allowed, but statutory fees remain the same whether a single application is filed for goods/services falling in different classes or a separate application is filed with respect to each class of goods/services.
Once a trademark application is filed, it is examined as to its registrability which includes distinctiveness, deceptiveness, etc. and availability based on the existence of prior trademarks ...