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Trademark

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Copyright - How to register

The copyright in a work automatically vests with the creator as soon as the work is created. A certificate of registration of copyright does, however, serve as prima facie evidence in a court of law. Rights holder can apply for the registration of both published as well unpublished works. The steps are as follows:

Filing application

Any person who is the owner of the copyright may make an application to the Registrar of Copyrights. A separate application has to be filed for each separate work. The application has to be filed in a prescribed format and has to be accompanied by a Statement of Particulars and Statement of Further Particulars. The forms to be filed and other general information are available at: http://copyright.gov.in/frmDownloadPage.aspx. However, in respect to an artistic work which is used or is capable of bring used in relation to any goods, the application will also include a certificate from the Registrar of Trade Marks to the effect that no trademark identical with or deceptively similar to such registered work has been registered or is pending registration under the Trade Marks Act, 1999.
As a pre-requisite, before filing of a copyright application, the rights holder must give notice of his application to every person who claims or has interest in the subject matter of the copyright or disputes the rights of the rights holder to the copyright. [Really? There is no limiting clause for only those of whom the holder is aware? The law does not state the limiting clause but practically the copyright owner can only inform those about whom he is aware of.

Registration and Publication:

After the application is filed, the Registrar examines the application. If required, the Registrar may seek clarifications from the Applicant. The Applicant must respond to these objections or provide clarifications. Moreover, if no third party objection of such registration is received by the Registrar of Copyrights within thirty days of the receipt of the application, he shall be satisfied about the correctness of the particulars given in the application and will enter such particulars in the Register of Copyrights. In case of any dispute, the Registrar will hold an inquiry. After being satisfied, the Registrar will enter the details in the Register of Copyrights and publish them in the Official Gazette. Typically the time taken for the registration of a copyright is between 8 to 12 months.

Term of Copyright

The general copyright term of protection in India is for the life of the author plus 60 years. In the case of cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organizations, the copyright term last 60 years from the calendar year following the year of publication.

Rights guaranteed in a copyrighted work

  • Performer's Rights

    An actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance i.e. a visual or acoustic presentation made live by the performer has the exclusive right to:
    • make a sound recording or visual recording of the performance;
    • reproduce the sound recording or visual recording of the performance;
    • broadcast the performance;
    • communicate the performance to the public otherwise than by broadcast.
  • Broadcaster's Rights

    The broadcasting organization has the exclusive right to:
    • re-broadcast the broadcast;
    • Cause the broadcast to be heard or seen by the public on payment of any charges;
    • Make any sound recording or visual recording of the broadcast;
    • Make any reproduction of such sound recording or visual recording where such initial recording was done without license or, where it was licensed, for any purpose not envisaged by such license and
    • Sell or hire to the public, or offer for such sale or hire, any sound recording or visual recording of the broadcast.
Trademark
Enforcement & Remedies
Passing Off
How to register
What not to register
What to consider
Patent
Enforcement & Remedies
Ancilliary Work
Compulsory Licenses
How to register
What not to register
What to consider
Design Patent
Enforcement & Remedies
How to register
What to register
Copyright
Enforcement & Remedies
How to register
What to register
Domain Names
Enforcement & Remedies
How to register
What to consider
Custom Laws
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