COPYRIGHT OFFICE OF INDIA

NEW DELHI

SYNOPSIS FOR INTERNSHIP ON

[TRANSNATIONAL PROTECTION OF COYRIGHT AND MEASURES FOR
ENFORCEMENT]

In Addition to the Filled-up Application for Internship at Copyright office, New Delhi

DURATION OF INTERNSHIP

[01-06-2017 TO 30-06-2017]

SUBMITTED BY

[UTKARSH MISHRA]
[B.Com.LL.b/14-15/19]
[Dr. Shakuntala Misra National Rehabilitation University]
[E-mail – utkarshmishra710@gmail.com]
Academic Session: 2017-18
RESEARCH PROPOSAL

a) Title of the Internship:

The title of the internship at Copyright office of India is “Transnational protection of

Copyright and measures for enforcement”. This title refers to the protection of copyright in
different continents and the effective measures for its enforcement.

b) Hypothesis:

The evolution of international standards for the enforcement of copyright and related rights
has been dramatic in recent years, and this evolution has been driven principally by two
factors. The first is the advance of technological means for the creation and use (both
authorized and unauthorized) of protected material, including, most recently, the advent of
digital technology, which makes it possible to transmit and make perfect copies of any
information existing in digital form, including works and productions protected by copyright
and related rights. The second factor is the increasing economic importance of goods and
services protected by intellectual property rights in the realm of international trade; simply
put, trade in products embodying protected intellectual property rights is now a booming,
worldwide business
c) Research Problem:

Global intellectual property theft and commerce in counterfeit and pirated goods are growing
at an alarming pace. Counterfeiting is no longer limited to the knockoffs of high-end designer
handbags sold on city street corners but, instead, has evolved into a sophisticated black
market industry involving the manufacture and sale of counterfeit versions of an
unimaginable number of products. Due to the varying levels of wealth, economic structures,
technological capabilities, political systems and cultural traditions, different countries have
different copyright laws. What is protected under U.S. law may not be protected under
Brazilian law. What is legal within the United States may be illegal in China. The Berne
Convention and the TRIPs (Trade-Related Aspects of Intellectual Property Rights)
Agreement attempt to harmonize copyright laws around the world. However, these
multilateral conventions have yet to create a uniform intellectual property regime under
which all member countries have identical copyright laws. In fact, there remains wide
disagreement among countries regarding issues such as “moral rights,” “fair use,” duration of
copyright, protection in data, rights in sound recordings, exhaustion of rights, work-for-hire
arrangement and, most recently, circumvention of encryption technologies and Internet
service provider liability.
d.) Research Methodology:

the research methodology used in this report is emperical.. The study is based on available
literature extracted from different databases. This is a qualitative study intended to
understand the issues related to transnational protection of copyrights and measures for the
enforcement of such copyrights.

e.) Research Questions

1. Do you have well-known or emerging brands?

2. Have your brands captured a significant share of the market?
3. Do you have a unique product that would be desired at a low price?
4. Are you experiencing an unexplained increase in returns or consumer complaints?
5. Are the reasons given for increased returns and complaints different than usual?
6. Have you lost market share in a particular region or regions?
LITERATURE REVIEW
1. Mustafa Faizan, Copyright Law : A Comparative Study, Institute Of Objective
Studies,1997.
The book traces, analyses and examines the origin, justification and principles of
copyright in common law systems. Reference has also been made to civil law system
at relevant points. The protection of copyright under international law has been given
a detailed treatment and an analysis of international copyright convention has been
presented. The book makes a comparative assessment of copyright law in United
Kingdom, United States of America and India.
2. Griappa Somu, Copyright Law, Economy And development, Daya publications, 2002
In this, discussion on intellectual property rights has centred around compliance to the
WTO standards and all the member countries including India are to modernize their
IPR laws toward a globalized adoption and relevance. This book attempts to pinpoint
the status of IPRs with special reference to copyright laws and the likely issues
involved in enforcement, violation and adherence to the copyright law and
neighbouring matters. The papers included are the outcome of a seminar and issues
discussed range from the salient features of copyright and other IPRs, the problems in
enforcement, the extent of adherence and the prospects in the globalized world.
3. Ahuja V.K., law relating to intellectual property rights, LexisNexis, 2015
This book is an attempt to discuss and analyze all the aforesaid acts and provide case
law on the subject. This book also discusses know-how and licenses to give an overall
picture on Indian law on IPR. A summary of all international agreements, treaties and
conventions on IPRs has also been given at the end of the book to enable the readers
to know what exactly those treaties are all about.
INTRODUCTION

Intellectual property rights are national or territorial in nature. Their normal sphere of
operation is the state in which they are granted. Eighteenth-century laws therefore sought to
regulate copyright norms only within these geographical limits. But in the nineteenth century,
as markets for copyright works expanded beyond purely national limits, the permeability of
these boundaries began to threaten the interests of copyright holders. Various experiments
were tried at that time. Efforts to create and defend impregnable islands of copyright property
proved unsuccessful, largely because the physical borders were simply too difficult to patrol.
Attempts at draconian enforcement failed in practice, and were also liable to provoke public
disregard for copyright law.

Parallels may be drawn with the environment in which copyright law currently operates. The
contemporary public has displayed comparable reactions to similar tactics by the modern
copyright industries. The question throughout most of the nineteenth century was whether the
previously discrete national copyright regimes could be made to work together in an
environment of international trade. The question now is whether international copyright law
can function in cyberspace, where there is no overwhelming reason to acknowledge physical
boundaries.4 The very structure of the new environment challenges the established order of
copyright law. But the leap between national and international contexts was likewise a severe
test for copyright law; one which was eventually negotiated with considerable success. The
transition to a global environment need not be regarded as essentially different in nature.
Indeed, if the various debates are compared, some of the resemblances are striking. A
thumbnail sketch of international copyright’s origins and development gives preliminary
context to these issues.
DRAFT TABLE OF CONTENTS

1. Introduction
2. Extra territorial application of US copyright law.
3. Two interpretation of the national treatment principle.
4. International Cooperation.
4.1 Bilateral cooperation
4.2 Multilateral Cooperation
5. Provisions on Enforcement of Rights in International Copyright and Related Rights
Conventions.
6. Evolution of International Standards for the Enforcement of Rights.
7. Laws protecting your intellectual property.
8. Federal civil copyright laws.
9. Conclusion.
EXPLANATION TO TABLE OF CONTENTS

1. Introduction:-
This deals with the different policies of transnational protection of copyright and what
effective measures should be taken to enforce them.
2. Extra territorial application of US copyright law:-
This refers that courts are generally reluctant to apply copyright laws to infringing
activities abroad unless there is direct infringement within the United States
3. Two interpretation of the national treatment principle:-
This tells that a member state must protect the work of foreign authors the same way
as it protects the work of its own authors. Thus, whatever law applies to a domestic
work will also apply to a foreign work.
4. International cooperation:-

This deals to the international arena that intellectual property enforcement is generally
provided in bilateral or multilateral treaties.357 Bilateral cooperation is most often
found in joint activity and education of domestic enforcement agencies.
5. Provisions on Enforcement of Rights in International Copyright and Related Rights
Conventions:-
This refers that while the international copyright and related rights conventions
administered by WIPO do not contain extensive provisions dealing with enforcement
of rights, the obligation of States to provide adequate means for enforcement of rights
is clearly present in these conventions.
6. Evolution of International Standards for the Enforcement of Rights:-
This tells that evolution of new standards for enforcement of rights has taken place in
a number of contexts, including the activities of WIPO.
7. Laws protecting your intellectual property.
This deals with the information of different laws present at the international level
which protects our intellectual property.
8. Federal civil copyright laws:-
This refers to that A federal court action for copyright infringement under the U.S.
Copyright Act is the exclusive recourse for copyright owners seeking to enforce their
copyrights in a civil action.
9. Conclusion:- this refers to the conclusion and suggestions.
CASE- LAW STUDIES

1. Equal Employment Opportunity Commission v. Arabian American Oil Co., 1991.

2. IBS Technologies (PVT) Ltd. v. APM Technologies S.A., [2003] All. E.R.
3. Eva-Maria Painer v. Standard Verlags GmbH, C.J.E.U., 3rd ch., Dec. 1, 2011,
4. Anton Piller v Manufacturing Processes, [1976] RPC 719
EXPECTED RESEARCH RESULTS

As intellectual property becomes an increasingly valuable commodity in international

transactions, the choice-of-law rules that determine the substantive law governing the
transactions will become very important. Uncertainty in this area will lead not only to
unnecessary costs and uncertainty whenever worldwide rights and transactions are involved,
but also to unjust results that would be contrary to the expectations of the interested parties.
Nevertheless, unless Congress introduces a choice-of-law provision in the U.S. Copyright Act
or unless there is a consensus on choice-of-law rules among federal courts, there will be great
uncertainty as to which law would govern a particular issue in an international copyright
case. Likewise, in the international context, due to the yet-to-harmonize international
copyright regime and the lack of choice-of-law provisions in multilateral copyright
conventions, there will continue to be disagreement among countries over which substantive
law will govern a particular issue in an international copyright case.
PUBLICATIONS CORRESPONDING TO TITLE

1. Transnational Copyright: Misalignments between Regulation, Business Models and

User Practice by Leonhard Dobusch & Sigrid Quack.
2. Copyright protection for works of foreign origin by Tyler T. Oehea
3. Conflict of laws issues in international copyright cases By Peter K. Yu.
INDEX OF REFERENCES/ BIBLIOGRAPHY

1. Watal, Jayashree (2001): Intellectual Property Rights in the WTO and Developing
Countries. London: Kluwer International.
2. Wielsch, Dan (2010): Rules of Access in Copyright Law Beyond The Nation State.
3. Yu, Peter K. (2007): International Enclosure, the Regime Complex, and Intellectual
Property Schizophrenia. Michigan State Law Review, 1, 1--‐33.
4. Mustafa Faizan, Copyright Law : A Comparative Study, Institute Of Objective
Studies,1997

5. Griappa Somu, Copyright Law, Economy And development, Daya publications, 2002

6. Ahuja V.K., law relating to intellectual property rights, LexisNexis, 2015