SYNOPSIS FOR TERM PAPER

AMITY INSTITUTE OF ADVANCE LEGAL STUDIES, NOIDA

TITLE: COPYRIGHT & NEIGHBOURING RIGHTS IN INTELLECTUAL PROPERTY LAW

UNDER SUPERVISION OF:

SUBMITTED BY:
ANNU BAHL

INTRODUCTION
Intellectual property law in India is well established at all levels-statutory, administrative and judicial. India ratified the agreement establishing the World Trade Organization (WTO). This agreement, inter-alia, contains an agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into force from 1st January 1995. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. The obligations under the TRIPS agreement relate to provision of minimum standard of protection within the member countries. SCOPE OF STUDY Copyright and neighbouring or related rights protect original works of the mind and other products or performances which the legislator considered worthy of protection. The content of learning technologies is often concerned with protected material. Accordingly, any standards which should be developed in order to facilitate the use and marketing of such technologies will have to take into account the relevant basic legal issues involved with copyright and neighbouring or related rights. The scope of copyright limitations and exceptions became a subject of significant controversy within various nations in the late 1990s and early 2000s, largely due to the impact of digital technology, the changes in national copyright legislations for compliance with TRIPS, and the enactment of anticircumvention rules in response to the WIPO Copyright Treaty. Academics and defenders of copyright exceptions fear that technology, contract law undermining copyright law and copyright law not being amended, is reducing the scope of important exceptions and therefore harming creativity. Copyright may be bought and sold much like other properties. In the individual licensing model the copyright owner authorizes the use of the work against remuneration and under the conditions specified by the license. The conditions of the license may be complex since the exclusive rights granted by copyright to the copyright owner can be split territorially or with respect to language, the sequence of uses may be fixed, the number of copies to be made and their subsequent use may also be specified. Furthermore sublicenses and representation agreements may also be made. HYPOTHESIS The provisions show that the Copyright protection in India is strong and effective enough to take care of the Copyright of the concerned person. The protection extends not only to the Copyright as understood in the traditional sense but also in its modern aspect. Thus, on-line copyright issues are also adequately protected, though not in clear and express term. To meet the everincreasing challenges, as posed by the changed circumstances and latest

technology, the existing law can be so interpreted that all facets of copyright are adequately covered. This can be achieved by applying the purposive interpretation technique, which requires the existing law to be interpreted in such a manner as justice is done in the fact and circumstances of the case. Alternatively, existing laws should be amended as per the requirements of the situation. The existing law can also be supplemented with newer ones, specifically touching and dealing with the contemporary issues and problems. The Information Technology Act, 2000 requires a new outlook and orientation, which can be effectively used to meet the challenges posed by the Intellectual Property Rights regime in this age of information technology. Till the country has such a sound and strong legal base for the protection of Intellectual Property Rights, the judiciary should play an active role in the protection of these rights, including the copyright. The situation is, however, not as alarming as it is perceived and the existing legal system can effectively take care of any problems associated with copyright infringement. IMPROOVEMENT The copyright laws in India are set to be amended with the introduction of the provisions for anti-circumvention and Rights Management Information in the Indian copyright regime although India is under no obligation to introduce these changes as it is not a signatory to WCT or WPPT. With the amendment of the Copyright Act in 1994, which came into force on 10 May 1995, the situation with regard to copyright enforcement in India has improved. According to Ramdas Bhatkal of Popular Prakashan, Bombay, "We had problems of piracy relating to medical textbooks before the law was amended. At that time we found that while the law may be on our side, it was necessary to get a court order for search and this meant that there was sufficient notice to the pirate to take defensive action before the court order could be implemented. Therefore we preferred to accept the situation and did nothing. Since the changes which make copyright violation a cognizable offence it has been possible to use the legal mechanism as a deterrent." "Copying a book is similar to stealing somebody's jewellery. Large scale organized copying is like robbing a jewelers shop or a bank. But then, there is a major difference. In the case of a bank robbery the newspapers are full of sensational news and the whole might of the State, especially the police, jumps in to catch the culprit, there is pressure of public opinion even on the judge trying the case. The effect is electric. On the other hand, in the case of a book pirate, the police justify their inaction by pointing to murder dockets; the State deflects the desperate appeals of Copyright owners with nonchalance and the judge sits with a `so what' attitude while the man on the street remains in stark oblivion.

RESEARCH METHODOLOGY METHODOLOGY

The study is based on documentary observation; the data has been collected from the published sources as text books, law reports, decided cases and from web-sites.

RESEARCH
The research work is restricted only to the bankruptacy framework of sick industrial companies including causes of sickness of companies, provisions of Company Act-1956 in this regard, provisions of Sick Industrial Companies (Special Provisions) Act, 1985, Issues related to implementation of SICA, functioning of Board for Industrial and Financial Reconstruction and need for comprehesnive bankruptacy fremework to sick industrial companies.

COLLECTION OF DATA
Primary data: As we are aware that primary data is hardly available for any legal research project, we are depend upon the secondary data to complete the project. Secondary data: This data is obtained from the published and unpublished sources and the secondary data collected for this study are:1. Text Books of Intellectual property law, copyright Act, Copyright protection etc available in the library of Indian Law Institute, Delhi and Amity Institute of Advance Legal Studies, Noida. 2. Online material available on various websites related to our topic. 3. Articles & views given by experts.

CHAPTERIZATION
1. Introduction 2. Copyright & Neighboring Right a. Copyright and neighbouring rights b. Philosophy & history of Copyright. c. Copyright and Neighboring Rights: Protected Works d. Exclusive Rights: Moral Rights and Exploitation Rights 3. International copyright regime a. Universal copyright convention-1952 b. The WIPO Copyright treaty c. Copyright in electronic age 4. Copyright laws in INDIA a. Term of protection b. Indian Copyright Law-introduction 5. Copyright in digital environment a. Copyright in the Digital Environment b. The Need for European and Global Standards in the Digital Environment and Copyright c. The US Example: Fair Use Guidelines for Faculty-created Multimedia 6. Collective copyright-administration a. Role of administrative societies b. Legal & financial organization c. Structure of societys department 7. Conclusion 8. List of cases 9. Bibliography

BIBLIOGRAPHY
TEXT BOOKS: Intellectual Property Meenu Paul ALIA Publishing Edition- 2nd, 2006 Shiv Sahai Singh Edition 2005 Eastern Book Company J.P.Mishra ALIA Publishing Edition- 2nd, 2009 Philippe Cullet Edition 2005 Eastern Book Company S. K. Singh Central Law Agency Edition 2009

The Law of Intellectual Property Rights

An Introduction To Intellectual Property Right

Intellectual property Protection And Sustainable Development

Intellectual Property

WEB-SITES VISITED: 1. copyright.gov.in/Documents/CopyrightRules1957.pdf 2. en.wikipedia.org/wiki/Copyright 3. www.vakilno1.com/bareacts/copyrightact/copyrightact.htm 4. www.ipindia.nic.in/ 5. www.nipo.in/ 6. www.lawyersclubindia.com/