Intellectual Property
Intellectual property comprises all entities arising from human intellectual activity such as ideas, inventions, words (fact and fiction), music, theatre, or art. It includes documents of all kinds, archives, databases (whether online, CD-ROM, or delivered by other mechanisms), the material on the Internet, individual items in a database, computer software, and inventive pieces of hardware that are subject to patent coverage.

IPR AND LEGAL RIGHTS

The subject of intellectual property (IP) has assumed international importance especially in respect of the implications and impact of patent laws on science and technology. The facilitation of quick sharing and commercialization of new knowledge requires the protection of such knowledge through appropriate IP laws so as to prevent illegal use or copying.

The right to IP encourages creativity in man. The creative person contributes to the development of society and in return enjoys the economic benefits of his labor. IP includes all property resulting from the exercise of the human mind or intellect.

II. Intellectual Property Right (IPR)
IPR connotes the rights to literary, artistic, and scientific work; performances of performing artists; phonograms and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks; service marks and commercial names and designations; and all other products resulting from intellectual activity in the industrial, scientific, literary and artistic fields. It is a generic term covering patent, registered design, trademark, copyright, the layout of integrated circuits, trade secrets, geographical indicators, and anti-competitive practices in contractual licenses

The legal profession views IP as real (physical) property which can be mortgaged, sold, rented, and passed on to heirs and successors. The owner of an IP has certain rights which prevent third parties from using it without permission.

Patent
A patent is a legal monopoly granted for a limited period to the owner of an invention. Patent rights are granted as well as revoked by the state. The patent law is a property right and it can be given away, inherited, sold, licensed, and even abandoned.

IPR AND LEGAL RIGHTS

Copyright
It is one of the important IPs that protect the labor, skill, and judgment of someone— author, artist, or some creator—expends in the creation of an original piece of work. In some countries copyright is an automatic right i.e., no registration is required. The owner of the copyright has the right to prevent others from copying, selling, hiring out,
performing, broadcasting, or amending the work. The skill, labor, and judgment of the author are protected irrespective of the form in which the product appears.

Fair Dealing or Fair Use, permits copying for certain specific purposes and under certain conditions. It is intended as a defense against an infringement action and relies on the argument that the individual made the copy (or under certain circumstances, even multiple copies) of not too substantial a part if the literary work, and the copying would not damage the legitimate interests of the copyright owner.

What is Fair Dealing is expected to be specified in the local legislation? Typically, national legislation will permit Fair
Dealing/Use for such purposes as private research, commercial research, private study, criticism and book reviewing, reporting current events, and educational purposes.

The Reproduction Rights Organizations (RROs) are a well-established part of the copyright scene. RROs are typically owned wholly or in part by publishers representatives and have authority to issue blanket licenses to organizations so that they may photocopy copyright materials beyond the legally permitted limits—for a fee

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Following are the different types of work covered under copyright:
1. Original literary, dramatic, musical, and artistic works, computer programs/software.
2. Cinematographic film
3. Sound recording

The Copyright Act, 1957 as amended in 1983, 1984, 1992, 1994, and 1999 governs copyright protection in India. The total term of protection for literary work is the author’s life plus sixty years. For cinematographic films, records, photographs, posthumous publications, anonymous publications, works of government and international agencies the term is 60 years from the beginning of the calendar year following the year in which the work was published.

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For broadcasting, the term is 25 years from the beginning of the calendar year following the year in which the broadcast was made. Copyright gives protection for the expression of an idea and not for the idea itself.

For example, many authors write textbooks on physics covering various aspects like mechanics, heat, optics, etc. Even though these topics are covered in several books by different authors, each author will have a copyright on the book written by him/her, provided the book is not a copy of some other book published earlier. India is a member of the Berne Convention, an international treaty on copyright.

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Under this Convention, registration of copyright is not an essential requirement for protecting the right. It would,
therefore, mean that the copyright on a work created in India would be automatically and simultaneously protected through copyright in all the member countries of the Berne Convention. The moment an original work is created, the creator starts enjoying the copyright.

However, an indisputable record of the date on which a work was created must
be kept. When a work is published with the authority of the copyright owner, a notice of copyright may be placed on publicly distributed copies. The use of copyright notice is optional for the protection of literary and artistic works. It is, however, a good idea to incorporate a copyright notice.

IPR AND LEGAL RIGHTS

As violation of copyright is a cognizable offense, the matter can be reported to a police station. It is advised that registration of copyright in India would help in establishing the ownership of the work. The registration can be done at the Office of the Registrar of Copyrights in New Delhi. It is also to be noted that the work is open for public inspection once the copyright is registered.

A computer program in the Copyright Act has been defined as a set of instructions
expressed in words, codes, schemes, or any other form, including a machine-readable medium, capable of causing a computer to perform a particular task or achieve a particular result.

IPR AND LEGAL RIGHTS

It is obvious that algorithms, source codes, and object codes are covered in this definition. It is advisable to file a small extract of the computer program at the time of registration rather than the full program. It is important to know that the part of the program that is not being filed, would remain a trade secret of the owner but would have to be kept well guarded by the owner. It may be noted that computer programs will become important in the area of medicines when one talks about the codification of DNA and gene sequencing.

Generally, all copyrightable expressions embodied in a computer program, including screen displays, are protectable. However, unlike a computer program, which is a literary work, the screen display is considered an artistic work and therefore cannot be registered through the same application as that covering the computer program.

IPR AND LEGAL RIGHTS

A separate application giving a graphical representation of all copyrightable elements of the screen display is essential. In the digital era, copyright is assuming new importance as many works transacted through networks such as databases, multi-media work, music, information, etc. are presently the subject matter of copyright.

IPR AND LEGAL RIGHTS

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