Monday, December 25, 2006
2.2.3 The Copyright Act, 1957
Copyright Act, 1957 (‘the Copyright Act’) is not included within the purview of the IPR as per the definition given in section 65 (55a) of the Finance Act. A literary, dramatic or musical work, a computer programme, an artistic work, a cinematograph film and a sound recording is the subject matter of the Copyright Act.
2.2.4 The Design Act, 2000
The Design Act, 2000 (‘the Design Act’) grants copyright to the designer and prevent piracy of the registered designs.
As per section 2(d) of the Design Act, design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark or property mark or any artistic work.
As per section 5 of the Design Act, any person claiming to be the proprietor of a design may apply for the registration and on registration the registered proprietor of the design gets the copyright in the design. As per section 30 of the Design Act, a design can be assigned and transmitted to another person and on the registration of such assignment and transmission, such person becomes the proprietor of design or registered proprietor. The registered proprietors of designs are the IPR holders.
Section 22 of the Design Act prohibits application of a registered design or imitation thereof on any article meant for sale or import of any article for sale to which the registered design or imitation thereof has been applied without the consent of the IPR holder.
Under section 30 of the design Act, IPR holders have powers to grant licence to use the registered design as per the conditions of the written contract.
As per section 2(d) of the Design Act, design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark or property mark or any artistic work.
As per section 5 of the Design Act, any person claiming to be the proprietor of a design may apply for the registration and on registration the registered proprietor of the design gets the copyright in the design. As per section 30 of the Design Act, a design can be assigned and transmitted to another person and on the registration of such assignment and transmission, such person becomes the proprietor of design or registered proprietor. The registered proprietors of designs are the IPR holders.
Section 22 of the Design Act prohibits application of a registered design or imitation thereof on any article meant for sale or import of any article for sale to which the registered design or imitation thereof has been applied without the consent of the IPR holder.
Under section 30 of the design Act, IPR holders have powers to grant licence to use the registered design as per the conditions of the written contract.
2.2.5 The Geographical Indication of Goods (Registration and Protection) Act, 1999
The Geographical Indication of Goods (Registration and Protection) Act, 1999 [‘the GIG Act’] seeks to prevent misuse of well known names traditionally used to indicate and identify some particular produce or articles where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin. Basmati Rice, Kancheevaram Saree, Benaras Saree are some of the geographical indication.
Section 11 of the GIG Act empowers an association of persons to apply for the registration of geographical indication. On the registration of geographical indication, only authorized users are eligible to use geographical indication on their products.
However, as per section 24 of the GIG Act, any right to a registered geographical indication can not be assigned, transmitted or licensed. Therefore, there cannot be any taxable IPR service under the GIG Act.
Section 11 of the GIG Act empowers an association of persons to apply for the registration of geographical indication. On the registration of geographical indication, only authorized users are eligible to use geographical indication on their products.
However, as per section 24 of the GIG Act, any right to a registered geographical indication can not be assigned, transmitted or licensed. Therefore, there cannot be any taxable IPR service under the GIG Act.
2.2.6 The Protection of Plant Varieties and Farmers Right Act, 2001
The Protection of Plant Varieties and Farmers Right Act, 2001 (‘the Plant Varieties Act’), inter alia, seeks to encourage the development of new varieties of plants and protect plant breeders’ right.
As per section 16 of the Plant Varieties Act, any person claiming to be breeder of that variety of plant may seek registration under section 14 thereof and on registration, the breeder is conferred an exclusive right to produce, sell, market, distribute, import or export that variety of plant or seed.
The Plant Varieties Act recognizes assignment of the right and on such assignment, assignee is recognized as breeder. Breeders recognized under the Plant Varieties Act are the IPR holders.
The Plant Varieties Act also permits appointment of agents and licensees to produce, sell, market, distribute, import or export registered plant or seed.
As per section 16 of the Plant Varieties Act, any person claiming to be breeder of that variety of plant may seek registration under section 14 thereof and on registration, the breeder is conferred an exclusive right to produce, sell, market, distribute, import or export that variety of plant or seed.
The Plant Varieties Act recognizes assignment of the right and on such assignment, assignee is recognized as breeder. Breeders recognized under the Plant Varieties Act are the IPR holders.
The Plant Varieties Act also permits appointment of agents and licensees to produce, sell, market, distribute, import or export registered plant or seed.
2.2.7 The Semiconductor Integrated Circuits Layout Design Act, 2000
The Semiconductor Integrated Circuits Layout Design Act, 2000 (‘the IC Design Act’) seeks to protect IPR relating to layout-design (topographies) of the Integrated Circuits (‘IC’) as envisaged under Agreement on Trade Related Aspects of Intellectual Property Rights.
As per section 2(h) of the IC Design Act, layout-design means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor IC.
As per section 8 of the IC Design Act, any person claiming to be the creator of a layout-design seek registration reproducing the layout-design in an IC or importing and selling registered layout-design or a IC or an article containing such layout-design will be infringement of the rights of registered proprietor. As per section 20 of the IC Design Act, layout-design rights can be assigned and transmitted and on the registration of such assignment and transmission, such person becomes the proprietor of layout-design. The registered proprietors of layout-designs are the IPR holders.
Under section 25 of the IC Design Act, IPR holders have powers to grant licence to use the registered design as per the conditions of the written contract.
As per section 2(h) of the IC Design Act, layout-design means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor IC.
As per section 8 of the IC Design Act, any person claiming to be the creator of a layout-design seek registration reproducing the layout-design in an IC or importing and selling registered layout-design or a IC or an article containing such layout-design will be infringement of the rights of registered proprietor. As per section 20 of the IC Design Act, layout-design rights can be assigned and transmitted and on the registration of such assignment and transmission, such person becomes the proprietor of layout-design. The registered proprietors of layout-designs are the IPR holders.
Under section 25 of the IC Design Act, IPR holders have powers to grant licence to use the registered design as per the conditions of the written contract.
2.2.8 The Biological Diversity Act, 2002
The Biological Diversity Act, 2002 (‘the Bio Diversity Act’) seeks to provide conservation of biological diversity, sustainable use and equitable sharing of the biological resources, knowledge and connected matters. It does not confer any exclusive rights to any person. Hence, there cannot be any taxable service arising under the bio Diversity Act.
2.3 IP law should be in force
As per the definition, the IP law should be in force in India. Provisions pertaining to registration under the Plant Varieties Act and the IC Design Act have not been notified. Therefore, at present, there cannot be any taxable service arising under the Plant Varieties Act and the IC Design Act.
A trade secret (which is sometimes either equated with, or a subset of,"confidential information") is secret, non-public information concerning the commercial practices or proprietary knowledge of a business. However, if such trade secret is not covered by the Indian laws, then it will not be covered under taxable service.
A trade secret (which is sometimes either equated with, or a subset of,"confidential information") is secret, non-public information concerning the commercial practices or proprietary knowledge of a business. However, if such trade secret is not covered by the Indian laws, then it will not be covered under taxable service.
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