The Method Of Filing A Copyright Application

Another form of Intellectual Property is Copyright Intellectual Property. The creative works such as artistic, musical literary and producers of cinematograph films and sound recordings can be protected through Copyright Intellectual Property. All these creative works can be protected only through the copyright registration at copyright office, New Delhi.

The filing of Intellectual Property copyright can be made in copyright office, New Delhi. The two ways to file the copyright application is by courier or by on-line facility. The official website of copyright contains forms which can be downloaded for free. The copyright application shall be sent in triplet courier to the copyright office. The on-line application can be applied by first signing the new registration form before filing the copyright application.

The legal protection of copyright can be made by filing copyright form 4 (application for registration of copyright). The statement of particulars and statement of further particulars are included in form 4. The filing should be clear and relevant according to the requirements of form 4. The forms should not be over written and should not contain irrelevant points. The word “Not Applicable” can be mentioned in Form 4 in the space provided.

Each Single copyright application consists of single creative work. If it contains more than one work separate copyright application shall be submitted at the copyright office, New Delhi. Each copyright application shall be submitted along with the prescribed fee mention in the second schedule to the rules. The fees can be paid by postal order or demand draft payable to registrar of copyrights, New Delhi. A list of fees is available in the website of copyright office of New Delhi.

The copyright applications shall be signed by the applicant or by an advocate. The proof of the power of attorney given by the applicant and accepted by the advocate shall be submitted along with the copyright application form. The copies shall send to the copyright division, department of Higher Education, Ministry of Human Resource Development, 4th floor, Jeevan deep building, parliament street, New Delhi 110001.

The duration of copyright varies according to the nature of work protected. The duration of the copyright is 60 years. In case of Literary, musical, artistic works have a duration which extends for the life of the author and 60 years from the end of the year in which author dies. In case of photographs, films, comport programs, sound recordings; they are protected for sixty years after publication of the above said work. After the end of the sixty year, the work is made available to the public with the consent of the owner of the copyright.

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Term Of Copyright

The right given to the creator, author for the literary work, dramatic work, artistic work etc is termed as copyright. The copyright term is sixty years and it varies according to the nature of the author’s work. The literary, dramatic, musical, artistic, cinematography film and sound recording are the main creative works under the copyright act.

The table, computer database, instructions expressed falls under the literary work. The recitation (performance/presentation, choreography, semi arrangement, acting falls under dramatic work. Music and graphical notations which does not include words are the musical work. The painting, sculpture, drawing, photograph, engravings, architectural work, and works of artistic craftsmanship are artistic work. Visual recordings in any medium, sound recording accompanying visual recording and video films are cinematography films.

In case of published literary, dramatic, musical and artistic work, other than photograph the term of the copyright is for life time to the author and additionally sixty years from the death of the author. In case, if the work is created by more than one person then the term of the copyright is the life time of all the authors and additionally sixty years from the death of the last author.

The work of literary, dramatic, musical and artistic work, other than photograph which is disclosed anonymously or pseudonymous the period of the copyright is sixty years which is concluded from the first disclosed date. An Anonymous work defines a work which does not have a creator’s name where it is kept secret. A pseudonymous work defines a work where the name of the person is given wrong by keeping the original name of the creator confidential.

An Anonymous work or pseudonymous cannot remain confidential forever by keeping the author name undisclosed. The author name shall be disclosed before the expiry of sixty years period from the first date of publication. Then only the additional sixty years will continue from the author’s death date. At least single name of the author shall be disclosed if not all the authors’ name. If the entire joint authors name is given it will decide according to the last date of the author’s death date.

The work such as literary, dramatic, musical and artistic work, other than photograph which is disclosed posthumously, then the period of the copyright is sixty years which will be counted from the author’s death date. A posthumous work defines a work which is revealed after the demise of the author.

The term of the copyright for photograph, cinematography films and sound recordings is sixty years period which is calculated from the date of first publication. Cinema, video film, T. V serial or a documentary falls under cinematography. The government work, public undertaking, and works of international organization will also have a term of 60 years. The government will be the first owner for government work. In case of public undertaking, public undertaking is the first owner.

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On-line Payment For Trademark Search

By visiting the Intellectual property website the trademark search can be done, one can also perform the public search at the website and make the registration and an on-line payment. The trademark search cost is Rs 400/- (Rupees Four Hundred Only) for every specific class.

The link of the trademark intellectual property search is a Public search to know the status of trademark application without payment. Another link of the trademark intellectual property search is a Public search with payment which is made on-line which are maintained by the controller General Patent Designs and Trademark office.

The trademark search by on-line payment consists of the public registration form which consists of the user name, user address, user e-mail id, state, the class in which the search is going to be made, the bank through which the on-line payment is being made. The registration process can be done only once.

The on-line payment can be made by the net banking facilities. The bank that is prescribed to make the on-line payment for the trademark public search is the SBI (State bank of India) and the Axis Bank. Another column in the registration is the mode of payment which is made through the bank transfer. It is necessary to fill the entire appropriate column and then make the payment on-line.

Once the payment is made on-line the person will receive the search ID and the password through E-Mail. The trademark search can be made only for fifteen minutes, after the specified time, the process will be automatically logged out. It is necessary to make the relevant searches for all the necessary class within the prescribed time. If the required search cannot be completed within the specified time, he or she should again log in and make the payment of Rs 400/- to make the search which is again for another fifteen minutes. The trademark search will provide all the details related to a particular mark

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Copyright Intellectual Property

Copyright is a form of intellectual property. The concept of intellectual property is the creative work as distinguished from the physical property. The importance of copyright was recognized only after the invention of printing in the 15th century which enabled the reproduction of books in large numbers practicable.

The general rule of copyright is

Each person has the privilege to enjoy the arts and share in scientific advancement and its advantages.

Everybody has the privilege to guard the moral and material interests resulting from literary, artistic, musical, etc.

Copyright is an abundant rights consisting of bundle of dissimilar rights in a similar work. These Privileges can be licensed either completely or individually. In case of literary work, the privilege of duplicate can be made in hard back and paperback editions etc. The privilege is not only to duplicate the works, but even the privilege to create work from the original works.

The essentiality of Copyright protection is to encourage the use of copyright work for the benefit of the public. Copyright in an idea is not possible as such. But any work once is written down, it is subjected to copyright and none can be allowed to copy it.

Copyright is a privilege given to consequent works. It is not a privilege in novelty of opinion or views. It is based on the privilege of an inventor, artist or composer to prevent another person replication a creative work whether it is a book, tune or picture, which he/ she has invented or created.

Copyright is, a monopoly right like patent right. Copyright is different from patent. It may be possible for two persons independently to produce the same invention. But the inventor who has first made an application for a patent will alone be protected and not the other. In copyright the law is different. If the similarity or even identity is accidental there is no infringement. If two people working independently using identical or similar information produce literary, musical or artistic works which are very similar, each will have a copyright in his work.

The major creative works under the copyright act are literary, cinematograph film dramatic, musical, artistic, and sound recording etc. Tables, computer database, instructions expressed etc come under the literary work. Recitation choreography, semi arrangement, acting etc comes under the dramatic work. Music and graphical notations which does not include words comes under the musical work. Painting, sculpture, drawing, photograph, engravings, architectural work, and works of artistic craftsmanship etc come under the artistic work. Visual recordings in any medium, sound recording accompanying visual recording and video films etc comes under the cinematograph films work.

The copyright term is sixty years and it varies according to the nature of work. Copyright has international protection such as Berne convention, universal copyright convention, World Intellectual Property Organization copyright Treaty, Rome convention, Brussels convention etc.

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Trademark Agent India

A person who gives advice and deals which all the legal aspects of filing a trademark application till the grant of the application, opposition cases etc is called as a trademark agent or an attorney.

The basic qualification to become trademark agent in India is the passing of Trademark Agent Examination conducted by the Controller General of Patents designs and Trademark which take place once in a year.

The eligibility of a person to apply for the trademark agent examination under the Trademark Act 1999, is that he should have completed 21 years, should be a graduate in any university in India or other equal qualification or should have a degree in law

To write a trademark agent examination, he / she should apply form tm - 1 specified in Schedule II of trademark Rules 2002. The trademark agent examination application shall be submitted in triplet with a specified fee of Rs 1,000 to the Intellectual Property office. The people who are qualified to write the trademark agent exam will be identified for a written exam and a viva. The viva will be for 50 marks whereas the written exam will be for 150 marks, in total 200 marks. The trademark agent exam depends on the Trademark Laws and Practice of Trademark Act and Rules 1999. One must be thorough with the trademark act and rules to clear the trademark agent examination.

After passing successfully in the trademark agent exam he/she will become a trademark agent or an attorney in India. The registration of a company, institution, organization’s logo, trademark application, legal advice, infringement case etc can be carried on with the assistance of a trademark agent. The trademark agent in India has the right to deal with clients regarding any cases related to their products. The clients can trust their trademark agents for any cases related to their trademark.

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