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The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. Section 19 of the Indian Design Act 2000 provides for rectification of a registered design in India. It protects the visual design of objects that are not purely utilitarian.
Unlike other forms of IPR, copyrights subsist in works from the moment they are expressed in fixed form irrespective pf whether or not you have applied for a registration. Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws. Musical Works.
OTT services may implement tools for content recognition and removal of infringing material from User-generated Content (UGC). Section 37(3) enlists the various acts which may constitute infringement of ‘broadcaster’s reproduction rights’ in the absence of an authorized license.
The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artisticworks. right to copyright will exist. Corel Corp.
The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and ArtisticWorks, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyrightinfringement in India.
Rajnish Chibber , the court held that compilations are also copyrightable, following in the steps of SCOTUS. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artisticwork. Copyright Act or Design Act?
Types of Works Eligible for Copyright Registration Under the Copyright Act, 1957 , a wide range of works are eligible for registration, including: Literary Works : Books, articles, research papers, computer programs, and more. Musical Works : Compositions, songs, and music scores.
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