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Ð ÐSmells: Unique scents, though rare, can also be trademarked in specific industries.
Ð ÐShapes: Distinctive shapes, such as the Coca-Cola bottle.
Copyright
Copyright is a legal protection for intellectual property that safeguards
original creative works. It grants creators exclusive rights to control the use
of their work, including reproduction, distribution, public performance, and
adaptations, for a limited duration. Copyright is used for protecting different
literary works such as different codes of computer programs, databases,
novels, poems, musical compositions, etc. For protection, the work must be
original and exist in a tangible form.
Examples of copyrightable materials include:
Ð ÐLiterary Works: Books, short stories, poems, and articles.
Ð ÐArtistic Works: Drawings, photographs, sculptures, and graphic designs.
Ð ÐMusical Works: Compositions, lyrics, and musical arrangements.
Ð ÐTheater: Screenplays, stage plays, and dramatic performances.
Ð ÐCinematographic Works: Feature films, documentaries, and video content.
Ð ÐRecorded Audio: Music tracks, audio stories, or spoken word recordings.
Ð ÐComputer Programs: Software code and digital algorithms.
The copyright owner holds exclusive rights to the following:
Ð ÐReproduce the Work: Create copies of the original work.
Ð ÐDistribute Copies: Share, sell, or transfer the work to the public.
Ð ÐCreate Derivative Works: Adapt or modify the original work to create new content.
Ð ÐPublicly Perform the Work: Present the work in public, such as plays, music, or film screenings.
Ð ÐDisplay the Work Publicly: Show the work in public settings, such as galleries or exhibitions.
Ð ÐTransmit the Work: Broadcast the work via television, radio, or online platforms.
Copyright typically remains in effect for the life of the creator and continues for 70 years after their passing in
many countries. Once this term ends, the work is transferred to the public domain, allowing unrestricted use.
Types of Works Protected by Copyright in India
The Indian Copyright Office maintains a registry of copyrighted works. However, the records are not easily
searchable by the public. To access specific details about a copyrighted work, you may need to make a formal
request with sufficient details about the work.
For more information or to make a request, visit the official Indian Copyright Office website.
(https://copyright.gov.in/) also visit (https://iclg.com/practice-areas/copyright-laws-and-regulations/india) to
know more about its laws and regulations.
Case Study: Intellectual Property
Patent Disputes
Novartis AG v. Union of India (2013)
The Supreme Court of India rejected Novartis’s patent application for the anti-cancer drug Glivec, ruling
it did not meet the “enhanced efficacy” requirement under Section 3(d) of the Indian Patent Act. This
case emphasised India’s commitment to affordable access to essential medicines while discouraging
evergreening of patents.
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