Prof. Dr. Rajivkumar G. Sharma: PATENT RIGHTS AND COPYRIGHTS (Eng. Med.) (Unit 2)

Part – A: Patent Rights

Que - 1. Origin of Patent System

The concept of patents is not new; it has evolved over centuries. The word “Patent” comes from the Latin word patere, meaning “to lay open”, signifying that an inventor discloses his invention to the public in exchange for legal protection.

Early Beginnings:

The Venetian Patent Statute (1474) is considered the world’s first formal patent law. It granted inventors exclusive rights to their inventions for 10 years.
In England, the Statute of Monopolies (1624) laid the foundation for patent law, where the Crown granted patents for new inventions.

Patent System in India:

The first legislation was the Indian Patents and Designs Act, 1911.
Later replaced by the Patents Act, 1970, which originally recognized only process patents (not product patents).
India amended the law in 1999, 2002, and 2005 to align with WTO–TRIPS Agreement, and since 2005, India recognizes product patents in all fields of technology, including pharmaceuticals.

Example: Earlier, India allowed only process patents in medicines (same drug could be made using a different process), which made drugs cheaper. But after 2005, product patents are recognized, meaning the actual drug molecule itself is protected.

Que - 2. Meaning of Patent

A patent is a form of intellectual property that gives the inventor an exclusive right over their invention for a fixed period (generally 20 years).

The inventor can stop others from making, using, selling, or distributing the invention without permission.
In return, the inventor must disclose complete details of the invention so that others can learn and innovate further.

Example: If a company develops a new medicine for diabetes, a patent ensures no other company can manufacture or sell the same medicine without permission during the patent period.

Que - 3. Types of Patents

Utility Patents – A utility patent is the most common type of patent that people seek. This type of patent covers:

· Processes

· Compositions of matter

· Machines

· Manufacturers that are new and useful

A utility patent can also be obtained for new and useful improvements to existing processes, compositions of matter, machines, and manufacturers.

· "Processes" refers to any acts or methods of doing something, usually involving industrial or technical processes.

· "Compositions of matter" is the term for chemical compositions that can include a mixture of ingredients or new chemical compounds.

· "Machines" includes anything that is generally defined as a machine, such as a computer.

· "Manufacturers" are defined as goods that are manufactured or made.

Utility patents have a maximum patent term of 20 years from the filing date of the utility patent application. Additionally, maintenance fees are required to keep utility patents in force and maintain legal protection.

For new and useful processes, machines, or compositions.

Example: New engine design, pharmaceutical drug.

Design Patents – For ornamental or aesthetic features of an article.

Example: Design of a Coca-Cola bottle, Apple iPhone look.
A design patent protects the look or appearance of a product, not how it works.
“Design” means the outer shape, style, or decoration of an item (for example, the curves, lines, or surface pattern).
For a design patent, the design and the product must be connected—you cannot separate them.
Example: The unique shape of the Coca-Cola glass bottle is protected by a design patent.
Design patents do not cover function (how a product works). They only cover the ornamental look.
If you want to protect how something works, you need a utility patent instead.
In the United States, a design patent lasts for 15 years from the date it is granted.

Plant Patents – For new plant varieties created through non-natural means.

· A plant patent is given to protect a new and unique type of plant.

· To get this patent, certain rules must be followed:

o The plant cannot be grown from a tuber (like a potato).

o The plant cannot be one that already exists naturally in the wild.

o The plant must be able to reproduce asexually.

· Asexual reproduction means making new plants without seeds—like using cuttings, grafting, or tissue culture.

· This shows that the inventor can reliably create the same plant again.

· A plant patent usually lasts for 20 years from the date it is granted.

· To keep the patent active, the owner must pay maintenance fees after the 3rd, 7th, and 11th years.

Example: Hybrid crop varieties.

Process Patents – For innovative methods of production.

Example: A new method of steel manufacturing.

 A process patent protects the method or process of making something.

 Example: A new method of making steel, or a special process to manufacture chocolate.

 This patent does not protect the final product itself—only the way it is made.

 A process patent also lasts for 20 years.

Product Patents – For the actual invention (final product).

Example: A specific medicine, a machine.
A process patent protects the method or process of making something.
Example: A new method of making steel, or a special process to manufacture chocolate.
This patent does not protect the final product itself—only the way it is made.
A process patent also lasts for 20 years.

Que - 4. Inventions Which Are Not Patentable (India – Section 3, Patents Act, 1970)

Frivolous inventions or those against natural laws (e.g., perpetual motion machine).
Inventions contrary to public order, morality, health, or environment.
Scientific discoveries or mathematical methods.
Naturally occurring substances (plants, animals, genes).
Mere combination or duplication of known devices without novelty.
Business methods, computer programs per se, or algorithms.
Methods of agriculture, medical treatment, or surgical procedures.
Aesthetic creations (covered under copyright).

Que - 5. Registration Procedure (Patent Filing in India)

In India, the patent registration process is managed under the Indian Patents Act, 1970 and handled by the Indian Patent Office (under the Controller General of Patents, Designs and Trademarks – CGPDTM).

Patent filing can be done online or through patent offices located in Delhi, Kolkata, Mumbai, and Chennai.

The steps are as follows:

1. Filing of Patent Application

The first step is to file a patent application in the prescribed form.
An inventor can file either:

Provisional Application – filed when the invention is not fully ready or complete. It gives you priority date (the earliest filing date).
Complete Specification – filed when the invention is fully developed, with details of working, claims, and diagrams.

⚡ Note: If you file a provisional application, you must file the complete specification within 12 months. Otherwise, your application will be considered abandoned.

Example: A scientist develops a new drug formula but is still testing. He files a provisional application first. Later, when tests are complete, he files the complete specification.

2. Publication of Patent Application

After filing, the application is automatically published in the Official Patent Journal after 18 months from the filing date.
This means the public can see that a new patent has been applied for.
If the inventor wants early publication, they can request it, and then it may be published within 1 month of the request.

⚡ Until publication, the invention remains confidential. After publication, the applicant gets some legal rights (e.g., protection against unauthorized use).

3. Examination of Patent Application

Unlike trademark registration, examination in patents is not automatic.
The applicant must file a Request for Examination (RFE) within 48 months from the date of filing.
Once the request is made, the Patent Examiner reviews the application.

The examiner checks:

Novelty – Is the invention new?
Inventive Step – Is it creative or just an obvious improvement?
Industrial Applicability – Can it be used in industry?
Patentable Subject Matter – Is it patentable under the law?

4. First Examination Report (FER)

After examination, the Patent Office issues a First Examination Report (FER) to the applicant.
The FER contains objections or requirements (if any).
Common objections: Similar patents already exist, incomplete description, or claims are too broad.

The applicant must reply to the objections and amend the application if necessary.

⚡ The applicant has 6 months (extendable to 12 months) to reply and clear objections.

5. Pre-Grant Opposition

After publication but before the patent is granted, any person can oppose the application.
Grounds for opposition:

Invention is not new.
Invention is obvious or already known.
Invention is against natural laws or morality.

This ensures patents are not wrongly granted.

6. Grant of Patent

If the applicant successfully clears objections and no valid opposition remains, the patent is granted.
The Patent Certificate is issued by the Controller.
The patent is then published in the Patent Journal as "Granted."

From this point, the patentee gets exclusive rights over the invention.

7. Post-Grant Opposition

Within 12 months after the grant, anyone can challenge the patent through post-grant opposition.
Grounds are similar to pre-grant opposition.
This system maintains fairness and quality of patents.

8. Renewal of Patent (Maintenance Fees)

A patent in India is valid for 20 years from the date of filing.
To keep the patent in force, the patentee must pay annual renewal fees starting from the 3rd year.
If the renewal fee is not paid, the patent lapses (expires).
A lapsed patent can be restored within 18 months, if the non-payment was unintentional.

Que - 6. Rights and Duties of Patentee

A patentee is the person (or company) whose name is entered in the patent register as the owner of the patent.

The Indian Patents Act, 1970 gives certain exclusive rights to patentees, but also imposes duties/limitations to balance public interest.

I. Rights of a Patentee

The patentee enjoys exclusive rights for 20 years from the date of filing (subject to renewal). These rights include:

1. Right to Exploit the Patent

The patentee has the exclusive right to make, use, sell, distribute, or import the patented invention.

No one else can use the invention without the patentee’s permission.

✅ Example: If a company patents a new medicine, only that company can manufacture and sell it. Competitors cannot produce the same drug without a license.

2. Right to Grant License or Assign the Patent

The patentee may transfer rights by:

Assignment – Permanently transferring ownership.

License – Giving permission to another party to use the invention (usually for royalty).

Such agreements must be registered with the Patent Office.

✅ Example: The inventor of the Coca-Cola bottle design licensed it to bottling companies worldwide for royalty.

3. Right to Surrender the Patent

A patentee may surrender the patent if they no longer wish to hold it.

The Patent Office may allow surrender after hearing objections from interested parties.

✅ Example: If an inventor finds it too costly to maintain a patent, they may voluntarily surrender it.

4. Right to Sue for Infringement

If someone uses the patented invention without permission, the patentee can sue for infringement.

Remedies available:

Injunction (stop the infringer)

Damages or compensation

Delivery of infringing goods

✅ Case Example: In the TVS vs. Bajaj Auto (2007) case, Bajaj sued TVS for infringing its DTS-i engine patent.

5. Right to Use and Sell the Invention

The patentee has the right to commercially exploit the invention.

They can also import the patented product into India.

✅ Example: If someone patents a new solar panel design, they can import and sell it in India exclusively.

6. Right to Renewal

The patentee can renew the patent every year (from the 3rd year onwards) up to 20 years.

This ensures continued protection.

7. Right in Case of Government Use

If the Government uses the patent for public purposes (like national emergency), the patentee has a right to claim compensation.

✅ Example: During a pandemic, if the Government uses a patented vaccine formula, the patentee must be paid royalties/compensation.

II. Duties of a Patentee

The law also imposes duties to ensure that patents are not misused and public interest is protected.

1. Duty to Disclose the Invention

The patentee must fully disclose the invention in the specification (how it works, diagrams, best method).

No secret parts should be hidden.

✅ Example: If a scientist patents a machine, they must explain the working mechanism in detail so others can use it after the patent expires.

2. Duty to Work the Patent in India

The patent must be commercially worked in India (manufactured or used).

If the patent is not used in India within 3 years, a compulsory license can be granted to others.

✅ Case Example: In Bayer vs. Natco Pharma (2012), Bayer was not manufacturing its cancer drug Nexavar in India, only importing at high prices. The Patent Office gave a compulsory license to Natco to make cheaper versions.

3. Duty to Pay Renewal Fees

The patentee must pay annual renewal fees from the 3rd year.

If not paid, the patent lapses.

4. Duty Not to Abuse Patent Rights

Patents cannot be used for anti-competitive practices like price-fixing, hoarding, or blocking public access.

✅ Example: If a company refuses to sell a life-saving drug in India just to keep prices high, the Government can intervene and issue a compulsory license.

5. Duty to Respond to Patent Office Queries

The patentee must cooperate with the Patent Office (for objections, oppositions, or legal challenges).

6. Duty to Acknowledge Government’s Powers

Under the law, the Government has special powers:

Can use a patent for public health, defense, or emergencies.

Patentee must accept such use and claim only fair compensation.

III. Balance between Rights & Duties

Rights give inventors motivation and reward for innovation.

Duties ensure that inventions serve society’s needs and are not misused.

Que - 7. Assignment and License

Assignment and License of Patents

Once a patent is granted, it becomes the property of the patentee.
Like any property (land, house, car), a patent can also be transferred or shared.

Two common ways of doing this are:

Assignment – Permanent transfer of ownership.

License – Permission to use the patent without transferring ownership.

1. Assignment of Patents

Meaning

Patent assignment means the transfer of ownership rights of a patent from the original patentee (assignor) to another person/company (assignee).

After assignment, the assignee becomes the new owner of the patent and enjoys all rights of the patent.

📖 Legal Basis – Section 68 of the Indian Patents Act, 1970.

Types of Assignment

Legal Assignment

Complete ownership is transferred.

Must be in writing and registered with the Patent Office.

The assignee’s name is recorded in the patent register.

✅ Example: An inventor of a mobile chip sells all patent rights to Samsung. Samsung becomes the new owner.

Equitable Assignment

Not full ownership, but partial rights are given.

Example: Right to receive royalties or profits.

May not transfer all rights but gives a legal interest.

✅ Example: An inventor assigns only the royalty benefits of his patent to his children.

Mortgaging of Patent

A patent can be mortgaged like property to secure a loan.

The lender (bank/financial institution) becomes an assignee until repayment.

✅ Example: A startup mortgages its patent for an AI device to a bank for securing funding.

Essentials of a Valid Assignment

Must be in writing.

Must be signed by both parties.

Must be registered with the Controller of Patents.

Should clearly state scope, rights, and duration.

Effects of Assignment

The assignee becomes the legal owner.

All rights to sue for infringement, renewals, and profits go to the assignee.

The assignor loses ownership but may still get financial benefits if agreed (like a lump sum or royalty).

2. License of Patents

Meaning

A patent license means the patentee (licensor) gives permission to another person/company (licensee) to use the invention without transferring ownership.

Ownership remains with the original patentee.

Usually granted in return for royalty or fees.

📖 Legal Basis – Section 70–72 of the Indian Patents Act, 1970.

Types of Licenses

Exclusive License

Only one licensee is authorized to use the patent.

Even the patentee cannot use the invention.

✅ Example: A biotech inventor grants exclusive license of his vaccine patent to Pfizer.

Non-Exclusive License

The patentee can grant license to many licensees at the same time.

The patentee can also use it personally.

✅ Example: Microsoft gives non-exclusive software licenses to thousands of users.

Compulsory License

Granted by the Government (even without the patentee’s consent).

Applied when:

Patented invention is not available to the public.

The product is very costly.

The patent is not being worked in India.

✅ Case Example: Bayer vs. Natco Pharma (2012) – Compulsory license granted to Natco for cancer drug Nexavar, as Bayer sold it at ₹2.8 lakh/month, while Natco sold it for ₹8,800/month.

Voluntary License

Given by the patentee willingly through an agreement.

Cross-License

Two patentees license their patents to each other for mutual benefit.

✅ Example: Company A licenses its camera technology to Company B, while Company B licenses its battery technology to Company A.

Essentials of a Valid License

Must be in writing and registered.

Must define:

Duration of license

Territory (India/worldwide)

Rights (production, distribution, export)

Royalty/payment terms

Effects of License

The licensee gets legal permission to use the invention.

The patentee retains ownership.

The licensee must follow agreed terms (territory, duration, royalty payments).

Difference between Assignment and License

Basis	Assignment	License
Ownership	Ownership fully transferred	Ownership remains with patentee
Nature	Permanent transfer	Temporary permission
Rights	Assignee becomes new patentee	Licensee only gets right to use
Registration	Must be registered	Must also be registered
Example	Selling a patent to Google	Allowing Google to use it for royalty

Practical Examples

Assignment Example: An Indian scientist invents a new water purifier system. He assigns the patent to Tata Chemicals Ltd. for a lump sum of ₹50 lakhs. Now Tata owns the invention.

License Example: The same scientist gives a non-exclusive license to 3 companies to use his invention and collects royalty per unit sold. Ownership remains with him.

Conclusion

Assignment = Complete transfer of patent ownership.

License = Permission to use without transfer of ownership.

Both are important tools for commercializing inventions.

Together, they help inventors gain financial benefit while making inventions available to society.

Que - 8. Restoration of Lapsed Patents

Restoration of Lapsed Patents

A patent is a legal right granted for 20 years (subject to renewal every year from the 3rd year). If the patentee fails to pay the renewal fee within the prescribed time, the patent lapses (expires).

However, under certain conditions, the patentee can apply for restoration of the lapsed patent.

📖 Legal Basis: Section 60–62 of the Indian Patents Act, 1970.

1. Meaning of Lapse of Patent

A patent is said to have lapsed when the renewal fees are not paid on time.
Once lapsed, the invention falls into the public domain – anyone can use it without permission.
But the patentee has a chance to restore it if the failure to pay was unintentional.

✅ Example: A scientist patents a new fertilizer formula but forgets to pay renewal fees after the 7th year. The patent lapses. If he proves that the failure was unintentional, he can apply for restoration.

2. Time Limit for Restoration

Application for restoration must be made within 18 months from the date the patent ceased to have effect (i.e., from the lapse date).
After 18 months, the patent cannot be restored.

✅ Example: If a patent lapsed on 1st Jan 2022, the patentee has time until 30th June 2023 to apply for restoration.

3. Who Can Apply for Restoration?

The patentee (original owner)
The legal representative of the patentee (in case of death)
The assignee (if rights were assigned)

4. Procedure for Restoration of Lapsed Patents

Step 1 – Application for Restoration

File Form 15 with the Patent Office.
Must include:

Reason for failure to pay renewal fee.
Proof that the failure was unintentional and not deliberate.

Step 2 – Statement of Case

A detailed statement explaining why the fee was not paid must be submitted.
Evidence can include illness, financial difficulty, or clerical error.

✅ Example: A company failed to pay because its accounts department missed the deadline. They can attach records/emails showing it was an error.

Step 3 – Controller’s Review

The Controller of Patents examines the application.
If satisfied, he may allow restoration subject to conditions.

Step 4 – Opposition

After publication of restoration in the Patent Journal, any interested person can oppose restoration within 2 months.
Grounds of opposition:

The failure to pay was deliberate.
The invention should remain in the public domain.

✅ Example: A rival company may oppose restoration if it has already started using the invention after the lapse.

Step 5 – Hearing and Decision

If opposition arises, a hearing is conducted.
The Controller then decides whether to allow or reject restoration.

Step 6 – Payment of Fees

If allowed, the patentee must pay unpaid renewal fees and any additional penalty.
After payment, the patent is restored.

5. Effect of Restoration

The patent comes back into force as if it had never lapsed.
However, any person who started using the invention legally during the lapse period may continue to use it (called “intervening rights”).

✅ Example: If a patent lapsed in Jan 2021 and a company started manufacturing the invention in March 2021, they can continue production even after restoration.

6. Limitations on Restoration

Restoration is not automatic – it depends on Controller’s satisfaction.
Must prove that non-payment was unintentional.
Restoration cannot harm public interest.

7. Case Example

Bayer Corporation Case – Bayer failed to renew its patent on a pharmaceutical product. It applied for restoration but the Controller rejected it because Bayer could not prove that the lapse was unintentional.
Lesson: Mere negligence without valid proof is not enough.

Que - 9. Surrender and Revocation

A patent, once granted, is not always permanent until its 20-year term.
It can come to an end in two ways:

Surrender – Voluntary giving up of patent rights by the patentee.
Revocation – Forced cancellation of patent by authority or court.

📖 Legal Basis – Sections 63–66 of the Indian Patents Act, 1970.

I. Surrender of Patents

Meaning

Surrender means the patentee voluntarily gives up his patent rights before the expiry of the 20-year term.
It may be due to commercial, financial, or ethical reasons.

Procedure for Surrender

The patentee files a request to surrender the patent with the Controller of Patents.
The Controller publishes this request in the Patent Journal.
Interested parties (like licensees, assignees, competitors) are given an opportunity to oppose the surrender.
After hearing all parties, the Controller may accept the surrender and the patent is removed from the register.

Reasons for Surrender

High cost of maintaining patent (renewal fees every year).
Patent not commercially profitable.
Patentee wants to donate invention to the public domain.
Patent has become outdated due to new technology.

✅ Example: A patentee of an old solar panel design may surrender it when newer, more efficient technology comes, and maintenance costs outweigh benefits.

Effect of Surrender

Patent rights come to an end.
The invention falls into the public domain – anyone can use it freely.

II. Revocation of Patents

Meaning

Revocation means cancellation of a patent by an authority (Controller, High Court, or IPAB*).
Unlike surrender, revocation is not voluntary – it is imposed on the patentee.

*Note: Earlier by IPAB (Intellectual Property Appellate Board), now handled by High Courts after its abolition in 2021.

Grounds for Revocation (Sec. 64, Patents Act, 1970)

A patent may be revoked on the following grounds:

Lack of Novelty – If the invention was not new or already known (prior art).
✅ Example: A company patents a herbal medicine that was already used in Ayurveda.
Obviousness (No Inventive Step) – If the invention is not creative, just an obvious modification.
✅ Example: Adding a minor feature to an existing machine.
Non-patentable Subject Matter – If the invention falls under non-patentable categories (like abstract ideas, plants, mathematical methods).
Non-disclosure or Wrongful Disclosure – If the patentee did not disclose the complete specification or hid important details.
Insufficient Description – If the patent is vague and cannot be reproduced by others.
Fraudulent Obtaining – If the patentee obtained the patent dishonestly.
Contrary to Law or Public Order – If the invention is against morality, harmful to public health, or against natural laws.
✅ Example: Patents on gambling machines, or perpetual motion machines.
Failure to Work in India – If the patent is not being used (worked) in India, revocation may follow (especially after a compulsory license).
Non-payment of Renewal Fees – If renewal fees are not paid, patent lapses automatically (technical revocation).

Authorities that can Revoke a Patent

Controller of Patents – In cases of opposition.
High Court – On petition by any person interested or by Government.
Central Government – Can revoke a patent if it is prejudicial to public interest (Sec. 66).

Types of Revocation

Revocation by the Controller

During pre-grant or post-grant opposition.

Revocation by the High Court

Any person interested may file a petition.

Revocation by the Government (Public Interest Revocation)

If the patent is mischievous to the state or prejudicial to the public, the Government may revoke it.

✅ Example: In 2012, the Indian Government revoked patents on certain medicines to make them affordable for cancer patients.

Case Laws

Novartis AG v. Union of India (2013) – Supreme Court rejected Novartis’ patent on the cancer drug Glivec, stating it lacked novelty and inventive step. This is a landmark case on revocation.
Monsanto v. Nuziveedu Seeds Ltd. (2019) – Monsanto’s patent on BT Cotton seed technology was revoked as it was considered to be related to a plant variety (non-patentable under Indian law).

Effect of Revocation

Patent is cancelled ab initio (from the beginning).
Treated as if it was never granted.
Public can use the invention freely.

III. Difference between Surrender and Revocation

Basis	Surrender	Revocation
Meaning	Voluntary giving up of patent	Cancellation imposed by authority
Initiated by	Patentee	Competitors, Govt., or Court
Reason	Cost, outdated, public good	Invalid patent, fraud, non-working, against law
Effect	Patent removed prospectively	Patent treated as never granted
Example	Inventor surrenders old technology patent	Novartis case – Glivec patent revoked

Que - 10. Infringement, Remedies, Penalties

I. Patent Infringement

Meaning

Patent infringement means unauthorized use of a patented invention by a person other than the patentee (or licensee).
It is the violation of exclusive rights granted under the Patents Act, 1970.
Exclusive rights include: making, using, selling, offering for sale, or importing the patented product/process.

📖 Legal Basis – Section 48, Patents Act, 1970.

Acts Constituting Infringement

Making the patented product without permission.
Using or selling the patented product without authorization.
Importing the patented product into India.
Using the patented process without consent.
Selling or distributing a product directly obtained by a patented process.

✅ Example: If Company B makes a drug protected by Company A’s patent without a license, it is infringement.

Types of Infringement

Direct Infringement

Clear and unauthorized use of the patented invention.
Example: Manufacturing a patented car engine design without license.

Indirect Infringement

Contributory or inducement of infringement.
Example: Supplying parts specifically made for a patented machine, knowing they will be used in infringement.

Literal Infringement

When every element of the patented claim is copied.

Doctrine of Equivalents

Even if exact copying is not done, infringement exists if the product performs substantially the same function, in the same way, to achieve the same result.

Defenses to Infringement (when the alleged infringer can escape liability)

Patent is invalid – Lack of novelty, inventive step, or wrong subject matter.
Non-infringement – The product/process is different from patent claims.
Experimental/Research use – Use of patent only for academic/research purpose.
Parallel Import – If the patented product was legally sold abroad and imported.
Exhaustion of Rights – Once patentee sells a product, rights over that product are exhausted.

II. Remedies for Patent Infringement

📖 Legal Basis – Section 108, Patents Act, 1970.
Remedies are divided into civil remedies and criminal remedies.

A. Civil Remedies

Injunction

Court order stopping the infringer from continuing infringement.
Types:

Interim/Temporary injunction – Granted during trial to prevent damage.
Permanent injunction – Granted after final judgment.

Damages

Monetary compensation to the patentee for losses due to infringement.
May include lost profits, market loss, or reasonable royalty.

Account of Profits

Instead of damages, the infringer may be asked to hand over the profits earned by infringement.

Delivery/Seizure of Infringing Goods

Court may order destruction or delivery of infringing goods to patentee.

Declaration of Validity

Court may declare the patent valid and infringed, strengthening patentee’s rights.

B. Criminal Remedies

Though infringement itself is not a criminal offence, certain acts are penalized:

False Representation – Falsely claiming a product is patented.
📖 Sec. 120: Punishable with fine up to ₹1 lakh.
Unauthorized Claim of Patent Rights – Wrongful threats of infringement actions.
📖 Sec. 144: Court can restrain such false threats.
Falsification of Register of Patents.
📖 Sec. 119: Punishable with imprisonment up to 1 year + fine.
Practice by Unregistered Patent Agent.
📖 Sec. 123: Fine up to ₹1 lakh for first offence, ₹5 lakh for subsequent offences.

III. Penalties under Patents Act, 1970

The Act prescribes strict penalties to maintain integrity of the patent system.

Section	Offence	Penalty
Sec. 118	Contravention of secrecy directions / wrong use of patent	Imprisonment up to 2 years, or fine, or both
Sec. 119	Falsification of entries in patent register	Imprisonment up to 1 year + fine
Sec. 120	Unauthorized claim of “patented”	Fine up to ₹1 lakh
Sec. 121	Wrongful disclosure of patent information	Fine up to ₹10 lakh
Sec. 122	Refusal/failure to supply information	Fine up to ₹10 lakh
Sec. 123	Practice by unregistered patent agent	Fine: ₹1 lakh (first offence), ₹5 lakh (subsequent)

IV. Case Laws on Patent Infringement

Bajaj Auto Ltd. v. TVS Motor Company (2009)

Bajaj claimed infringement of its patent on “Digital Twin Spark Ignition (DTS-i)” technology by TVS.
Court granted an injunction against TVS temporarily.

F. Hoffmann-La Roche v. Cipla Ltd. (2009)

Roche’s patent on anti-cancer drug “Erlotinib” was challenged.
Delhi High Court refused injunction due to public interest (affordable medicines).

Merck Sharp & Dohme v. Glenmark (2015)

Merck sued Glenmark for infringing its diabetes drug patent.
Court ruled in Merck’s favor and granted injunction + damages.

Novartis v. Union of India (2013)

Patent on cancer drug “Glivec” rejected (lack of novelty).
Landmark case reinforcing strict standards of patentability in India.

V. Distinction Between Infringement, Remedies, and Penalties

Aspect	Infringement	Remedies	Penalties
Meaning	Unauthorized use of patent	Relief available to patentee	Punishment for violations of law
Nature	Civil wrong	Civil law action	Criminal liability
Example	Selling patented medicine illegally	Injunction, damages

Part – B: Copyrights

Que - 1. Origin of Copyright

1. Introduction

Copyright is a branch of Intellectual Property Rights (IPR).

It protects the original creative expressions of authors, artists, musicians, filmmakers, and software developers.

Unlike patents (which protect inventions), copyright protects literary, artistic, musical, and dramatic works.

The concept of copyright has evolved over centuries to balance two interests:

The rights of creators (to earn and control their work).

The rights of society (to access and use knowledge).

2. Early Origins

a) Ancient Period (Before Printing Press)

In ancient times, works were copied by hand.

There was no system of protection—authors had little control once their works were reproduced.

Example: Greek playwrights often saw their plays copied and performed without acknowledgment.

b) The Printing Revolution (15th Century)

Invention of the printing press (by Johannes Gutenberg, 1440) changed everything.

Books could now be reproduced in large numbers.

Problem: Unauthorized reproduction (piracy) of books grew rapidly.

Authors and printers demanded legal protection.

3. Development in Europe

a) England – Licensing System (16th–17th Century)

Initially, the English Crown gave printing monopolies to certain printers.

These were not true copyright laws but government controls on what could be printed.

The Stationers’ Company in London got the exclusive right to print books.

Authors still had no rights over their works.

b) The Statute of Anne (1710) – First Copyright Law

Known as the world’s first copyright legislation.

Full title: “An Act for the Encouragement of Learning”.

Key Provisions:

Gave authors (not printers) the exclusive right to publish their books.

Initial protection term: 14 years, renewable once if the author was still alive.

After expiry, the work entered the public domain.

Importance: For the first time, copyright shifted from publishers to authors.

This law is considered the foundation of modern copyright systems.

c) Expansion in Europe and America

Other European countries (France, Germany, Italy) followed with their own copyright laws in the 18th–19th centuries.

In the United States, the first copyright law was passed in 1790.

It protected maps, charts, and books for 14 years + renewal of 14 years.

France emphasized authors’ moral rights (the right to be recognized as the author).

4. International Developments

a) Berne Convention (1886)

First major international copyright treaty.

Principles:

Automatic protection – copyright exists without registration.

National treatment – foreign authors get the same rights as local authors.

Minimum term of protection – life of the author + 50 years.

India became a member of the Berne Convention in 1928.

b) Universal Copyright Convention (1952)

Created by UNESCO to include countries that had not joined Berne.

Provided a simpler system, especially for the U.S. and developing nations.

c) TRIPS Agreement (1995)

Under the World Trade Organization (WTO).

Made copyright protection a global trade obligation.

Ensured enforcement measures against piracy.

Minimum term: life + 50 years (later many countries adopted life + 70 years).

5. Origin of Copyright in India

a) Colonial Period

British copyright law applied in India during colonial rule.

The first Indian Copyright Act was passed in 1914, largely based on the British Copyright Act of 1911.

b) Post-Independence

After independence, the Copyright Act, 1957 was enacted.

This Act has been amended several times (1983, 1984, 1992, 1994, 1999, 2012) to keep up with digital age and international obligations.

6. Modern Era of Copyright

Today, copyright covers not just books and art but also:

Software programs

Cinematographic films

Sound recordings

Broadcasts and performances

Digital content (internet, e-books, streaming platforms)

With the rise of the internet, piracy became a global challenge, leading to stronger enforcement mechanisms.

7. Key Milestones in Origin of Copyright

Year	Event
1440	Gutenberg’s Printing Press invented
1557	Stationers’ Company given monopoly in England
1710	Statute of Anne (First copyright law)
1790	First U.S. Copyright Law
1886	Berne Convention
1914	First Indian Copyright Act
1957	Independent India’s Copyright Act
1995	TRIPS Agreement (WTO)
2012	Latest amendment to Indian Copyright Act

Que - 2. Definition

Basic Meaning

The word “copyright” literally means “the right to copy”.
It is the exclusive legal right given to the creator of an original work to control the use of that work.
It protects expression of ideas, not the idea itself.

👉 Example:

If you write a story, the plot idea (boy meets girl, love story) cannot be copyrighted.
But your unique expression (characters, dialogues, writing style) is protected.

2. Legal Definition (India)

Under the Copyright Act, 1957 (Section 14), copyright means the exclusive right to do or authorize others to do certain acts in relation to:

Literary works (books, software, computer programs, databases)
Dramatic works (plays, scripts)
Musical works (songs, tunes, sheet music)
Artistic works (paintings, photographs, sculptures)
Cinematographic films (movies, videos)
Sound recordings (music albums, podcasts)

So, copyright gives the creator control over how their work is:

Reproduced (copied)
Distributed (sold, rented, shared)
Performed (stage drama, concerts)
Adapted (novel made into film)
Translated (into another language)
Communicated to the public (broadcast, streaming online)

Que - 3. Types of Copyright

Literary works – Books, articles, computer programs.
Dramatic works – Plays, scripts.
Musical works – Songs, sheet music.
Artistic works – Paintings, drawings, logos.
Cinematographic films – Movies, documentaries.
Sound recordings – Music albums, audiobooks.
Software – Source code, object code.

Characteristics of Copyright (Key Points in Definition)

Exclusive Right – Only the creator (or authorized licensee) can use the work.
Automatic Protection – Copyright arises the moment the work is created in tangible form (writing, recording, painting). Registration is not mandatory, but helpful in court.
Covers Expression, Not Ideas – The way you express your idea is protected, not the idea itself.
Territorial Nature – Copyright laws are national, but international treaties (like Berne Convention) extend protection across countries.
Limited Duration – Copyright is not forever. Generally, it lasts for life of author + 60 years (in India).

Que - 4. Registration Procedure

Registration Procedure of Copyright in India

1. Introduction

Copyright arises automatically once a work is created and expressed in a tangible form (book, film, song, software).
Registration is not compulsory to claim copyright.
However, registration provides strong legal evidence in case of disputes or infringement suits.

2. Authority Responsible

In India, copyright is registered by the Copyright Office, under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry.
Registrar of Copyrights is the officer who manages this process.

3. Step-by-Step Registration Procedure

Step 1: Application

The creator/author, copyright owner, or authorized agent must file an application in Form XIV.
Application can be filed online (e-filing portal) or physically.
Separate application is needed for each type of work (book, song, film, etc.).

👉 Example: If a filmmaker registers both the script (literary work) and the movie (cinematographic film), two applications must be filed.

Step 2: Payment of Fees

Prescribed fees must be paid along with the application.
Fees vary depending on type of work:

Literary work (books/software): around ₹500
Cinematographic films: around ₹5,000
Sound recordings: around ₹2,000

Step 3: Diary Number

Once the application is received, the office issues a Diary Number (acknowledgment).
This is proof that the registration process has started.

Step 4: Waiting Period (30 days)

A mandatory 30-day waiting period follows.
During this period, anyone can file an objection if they claim ownership of the same work.

👉 Example: If two authors claim copyright on the same book, the second one can object during this time.

Step 5: Examination of Application

If no objections → application moves forward.
If objections are filed → the Registrar holds a hearing for both parties.
Examiner checks:

Originality of the work
Completeness of the application
Proper classification of work

Step 6: Registration & Certificate

If satisfied, the Registrar enters the details in the Register of Copyrights.
A Copyright Certificate is issued to the applicant.
The work is now officially recorded and can be used as evidence in court.

4. Timeline

Entire process usually takes 2–8 months, depending on objections.

5. Documents Required

Application Form (Form XIV)
Copies of the work (e.g., manuscript, CD/DVD, source code printout for software)
No Objection Certificate (NOC) from co-authors, if applicable
Power of Attorney, if filed by agent

6. Example

📘 Example 1: Book Registration

An author writes a novel. To protect it, he files Form XIV with ₹500 fees, submits 2 copies of the book, and receives a certificate after 3 months.

🎵 Example 2: Song Registration

A music composer wants to register a song. Separate applications are filed for:

Lyrics (literary work)
Tune (musical work)
Sound recording (CD file)

💻 Example 3: Software Registration

A software company registers its computer program (treated as literary work under law).
Along with the application, they submit part of the source code (first 10 & last 10 pages, with some confidential code blocked).

7. Importance of Registration

Serves as prima facie evidence in court.
Helps avoid disputes on authorship.
Facilitates licensing and commercial exploitation.
Useful when exporting copyrighted goods/services abroad.

8. Conclusion

Copyright is automatic, but registration strengthens protection.
The process involves: filing application → fees → diary number → 30-day wait → examination → registration.
Registered copyright ensures that authors, musicians, filmmakers, and software developers can legally protect their creativity and fight piracy effectively.

Que - 5. Assignment and License

1. Introduction

Copyright is a form of intellectual property, meaning it can be transferred, sold, or licensed just like physical property.
The creator (author/artist/software developer) may not always want to use the work themselves – they may assign or license their rights to someone else for economic benefit.

👉 Example: An author sells the publishing rights of their novel to a publishing company.

📖 Legal Basis: Sections 18–30, Copyright Act, 1957.

2. Assignment of Copyright

Meaning

Assignment means permanent transfer of ownership of copyright (partly or wholly) from the original owner to another person.
After assignment, the assignee becomes the new copyright owner and can enjoy the rights as if they were the creator.

Key Features

Must be in writing and signed by the assignor (owner).
Can be full or partial:

Full: Entire copyright transferred.
Partial: Only specific rights (e.g., publishing but not translation).

Assignment can be territorial (India only, or worldwide).
Must specify duration (if not mentioned → deemed as 5 years).
Must specify territory (if not mentioned → deemed as India only).

Example of Assignment

A novelist assigns publishing rights to Penguin Publishers.
The publisher becomes the copyright owner for publishing the book in India for 10 years.
After 10 years, rights return to the author.

Illustration

If a musician sells the copyright of his song to a record label, the record label can:

Produce CDs
Stream the song on platforms
Earn royalty income

The original musician cannot use those rights unless specified in the agreement.

3. License of Copyright

Meaning

License means permission to use the copyrighted work without transferring ownership.
The copyright still belongs to the creator, but another person is allowed to use it under certain terms and conditions.

Types of Licenses

Exclusive License

Only the licensee can use the work. Even the copyright owner cannot use it.
Example: Netflix buys exclusive streaming rights of a film – the producer cannot give rights to Amazon Prime.

Non-Exclusive License

Multiple persons can be given permission to use the work.
Example: A song licensed to multiple music apps (Spotify, JioSaavn, Gaana).

Compulsory License (Sec. 31, Copyright Act)

Granted by the Copyright Board/Court in public interest.
Example: If a copyrighted song is not being made available to the public, the court may allow someone else to use it by paying royalty.

Key Features of License

Must be in writing.
Can be limited by purpose (e.g., only for broadcasting, not for film adaptation).
Can be for a specific time period and territory.
Does not transfer ownership – copyright remains with the original creator.

Example of License

A photographer licenses a company to use his photo in advertisements for 3 years.
Ownership remains with the photographer, but the company can legally use the photo during that time.

4. Difference Between Assignment and License

Basis	Assignment	License
Ownership	Ownership transferred to assignee	Ownership remains with copyright holder
Nature	Permanent/long-term transfer	Temporary permission
Rights	Assignee becomes new owner	Licensee only gets right to use
Example	Author assigns book rights to publisher	Author licenses e-book rights to Amazon Kindle

5. Importance of Assignment & License

Helps creators commercialize their works.
Ensures works reach a wider audience.
Encourages collaboration between creators and companies.
Provides royalty income to authors, musicians, filmmakers.

6. Case Law Example

Indian Performing Right Society (IPRS) v. Eastern India Motion Pictures (1977)

Issue: Whether producers or music composers hold copyright in songs used in films.
Supreme Court: Producers get copyright by assignment from music composers, unless contract specifies otherwise.

7. Conclusion

Assignment = transfer of ownership of copyright.
License = permission to use without transfer of ownership.
Both must be in writing and clearly specify duration, territory, and rights.
They help balance the creator’s rights with public access, and also ensure economic exploitation of creative works.

Que - 6. Term of Copyright

1. Introduction

Copyright is not eternal; it is granted only for a specific period of time.
After expiry, the work goes into the public domain, meaning anyone can use it freely without permission or payment.
The duration of copyright protection is called the “Term of Copyright.”

📖 Legal Basis in India: Copyright Act, 1957 (as amended).
📖 International Standard: Berne Convention (minimum 50 years protection).

2. General Rule

The term of copyright depends on the type of work (literary, artistic, film, software, etc.) and the date of author’s death or publication.
In India, for most works, the term is author’s lifetime + 60 years after death.

3. Term of Copyright in Different Works

(A) Literary, Dramatic, Musical, and Artistic Works

Duration: Lifetime of author + 60 years after death.
The 60 years start from the beginning of the calendar year next to the year of death.

👉 Example:

An author writes a novel in 2000 and dies in 2020.
After that, the book becomes public property.

(B) Anonymous and Pseudonymous Works

If the author’s identity is not revealed, copyright lasts for 60 years from publication.
If the author later reveals his/her name, then the general rule (life + 60 years) applies.

👉 Example:

A poem is published in 2010 under a fake name.
If the author never reveals identity, copyright lasts till 31st December 2070.

(C) Posthumous Works

If a work is published after the author’s death, copyright lasts for 60 years from the date of publication.

👉 Example:

A writer dies in 2000, but his diary is published in 2015.
Copyright lasts until 31st December 2075.

(D) Cinematograph Films

👉 Example:

A film released in 2012.
Copyright lasts till 31st December 2072.

(E) Sound Recordings

Same rule as films → 60 years from publication.

👉 Example:

A music album released in 2015.
Copyright lasts till 31st December 2075.

(F) Government Works (Sec. 28)

Works created/published by the Government of India or State Governments.
Copyright lasts for 60 years from the first publication.

(G) Works of Public Undertakings (Sec. 28A)

Works published by a public sector company.
Copyright = 60 years from publication.

(H) International Organisations (Sec. 29)

Works published by UN, WHO, WTO, etc.
Copyright = 60 years from the first publication.

(I) Computer Software (Computer Programs)

Treated same as literary works.
Duration = Lifetime of author + 60 years.

👉 Example: If a software engineer writes a program in 2020 and dies in 2030 → copyright lasts till 2090.

4. Summary Table: Term of Copyright in India

Type of Work	Term of Copyright
Literary, Dramatic, Musical, Artistic works	Author’s life + 60 years
Anonymous/Pseudonymous works	60 years from publication (unless author revealed)
Posthumous works	60 years from publication
Cinematograph Films	60 years from publication
Sound Recordings	60 years from publication
Government Works	60 years from publication
Public Undertakings	60 years from publication
International Organisations	60 years from publication
Computer Software	Author’s life + 60 years

5. Importance of Fixed Term

Ensures economic benefit to the author and heirs.
After expiry, works enter the public domain, allowing free use for education, culture, and creativity.
Balances the interest of creators and the public at large.

6. Case Law Example

Eastern Book Company v. D.B. Modak (2008)

Supreme Court held that copyright protects only the original expression of an author, not the idea itself.
Duration of copyright must be respected; after expiry, the work is available to the public.

7. Conclusion

Copyright duration varies by the nature of the work.
General rule: Life of author + 60 years.
For films, sound recordings, and government works → 60 years from publication.
This limited period ensures both reward for creators and cultural access to society.

Que - 7. Copyright Piracy

1. Introduction

Copyright Piracy means the unauthorized use, copying, or distribution of a copyrighted work without the permission of the copyright holder.
It is basically a form of copyright infringement, but done on a large or commercial scale.
It results in loss of revenue to the creator and encourages illegal markets.

📖 Legal Basis: Copyright Act, 1957 (India) + International treaties like Berne Convention and TRIPS Agreement.

2. Meaning of Piracy

Piracy = “stealing intellectual property.”
It involves reproducing or distributing copies of a work such as books, films, songs, or software without authorization.
Unlike fair use (where limited usage is allowed), piracy is illegal and punishable.

👉 Simple Example:

Downloading a movie from a torrent site without buying a ticket or DVD.
Photocopying and selling a book without the author/publisher’s permission.

3. Types of Copyright Piracy

(A) Book Piracy

Unauthorized printing, photocopying, or sale of textbooks, novels, or study materials.
👉 Example: Pirated academic books sold at low prices near universities.

(B) Music Piracy

Copying and distributing songs, albums, or background music without paying royalty.
👉 Example: Downloading MP3s from illegal websites or selling pirated CDs.

(C) Film Piracy

Unauthorized recording, duplication, and distribution of movies.
👉 Example: Camera-recorded movies uploaded on websites the same day of release.

(D) Software Piracy

Using or distributing software without a valid license.
👉 Example: Installing cracked versions of Microsoft Office or Adobe Photoshop.

(E) Video Game Piracy

Downloading or selling pirated versions of video games.
👉 Example: Selling Xbox or PlayStation games on unauthorized websites.

(F) Internet / Digital Piracy

Sharing or streaming copyrighted material (movies, e-books, software) via torrents, illegal apps, or websites.
👉 Example: Using piracy websites like TamilRockers or Telegram channels to download films.

4. Effects of Piracy

Economic Losses

Creators, publishers, film producers, and software companies lose huge revenues.

Discourages Creativity

Authors, musicians, and filmmakers lose motivation to produce original works.

Legal Consequences

Users and distributors of pirated content face fines and imprisonment.

Encourages Black Market

Piracy promotes illegal trade and online criminal networks.

Risk to Users

Pirated software or games may contain viruses and malware.

5. Legal Provisions in India (Copyright Act, 1957)

Section 51 → Using a copyrighted work without authorization = Infringement.
Section 63 → Punishment:

Imprisonment: 6 months – 3 years
Fine: ₹50,000 – ₹2,00,000

Section 65A & 65B → Penalty for breaking digital rights management (DRM) or copyright protection measures.

👉 Example: Running a pirated DVD shop can lead to jail and fine.

6. Remedies Against Piracy

Civil Remedies

Injunction (court order to stop piracy).
Damages (monetary compensation to the copyright owner).
Delivery of infringing copies to the copyright owner.

Criminal Remedies

Imprisonment and fines under Section 63.
Police seizure of pirated goods.

Digital Remedies

Blocking of piracy websites under IT Act + Copyright Act.
Action against piracy apps and illegal streaming services.

7. Case Laws (India)

Super Cassettes Industries Ltd. v. Hamar Television (2011)

Hamar TV used T-Series songs without permission.
Court held it as copyright piracy and granted injunction against Hamar TV.

UTV Software Communication Ltd. v. 1337x.to & Ors. (2019)

UTV filed case against illegal movie streaming/torrent websites.
Delhi High Court ordered ISPs to block piracy websites (landmark case against online piracy).

8. Steps to Control Piracy

Strict copyright awareness programs in schools/colleges.
Stronger legal enforcement against piracy websites.
Promoting affordable legal alternatives (Netflix, Amazon Kindle, Spotify, etc.).
Technological measures like DRM (Digital Rights Management) and watermarking.
International cooperation to stop cross-border piracy.

9. Conclusion

Copyright piracy is a serious threat to intellectual property rights.
It causes huge economic and cultural loss, affects creativity, and weakens the entertainment and software industries.
Laws exist (Copyright Act, 1957), but effective enforcement + public awareness + legal alternatives are essential to fight piracy.

Que - 8. Infringement

Copyright Infringement

1. Introduction

Copyright is the legal right of an author or creator over their original work (literary, artistic, musical, dramatic, films, sound recordings, or software).
When someone uses a copyrighted work without the permission of the copyright holder, it is called Copyright Infringement.
Infringement may be intentional (deliberate copying) or unintentional (ignorance of law), but in both cases it is punishable.

📖 Legal Basis: Sections 51–63 of the Copyright Act, 1957 (India).

2. Definition of Copyright Infringement

According to Section 51, Copyright Act, 1957:
Copyright is infringed if –

Any person does something that only the copyright owner is authorized to do (without permission or license).
Any person permits a place (like a hall, theater, or online platform) to be used for communication of a work without authorization.
Any person imports, sells, distributes, or exhibits infringing copies of a copyrighted work.

👉 Simple Example:

Copying a book and selling it.
Uploading a film on YouTube without permission.
Using pirated software.

3. Acts that Constitute Infringement

Reproducing copyrighted work (books, music, films, software).
Distributing unauthorized copies for profit (selling pirated CDs, DVDs).
Public performance of copyrighted work without license (staging a play, screening a film).
Broadcasting copyrighted material without authorization (songs on radio/TV).
Making adaptations or translations without permission.
Importing/exporting pirated goods.
Digital infringement – sharing, downloading, or streaming through torrents/websites.

4. What is NOT Infringement? (Fair Dealing Exceptions – Sec. 52)

Certain limited uses are not infringement, such as:

Private or personal use, including research.
Use for criticism, review, or reporting news.
Use in teaching, examination, or educational purposes.
Performance in private/non-commercial gatherings.
Making of temporary copies by internet service providers.

👉 Example: A teacher photocopying a few pages of a book for classroom teaching = not infringement.

5. Remedies for Copyright Infringement

A copyright owner can take civil, criminal, and administrative remedies.

(A) Civil Remedies (Sections 55–62)

Injunction – Court order to stop infringement.
Damages – Compensation for financial loss suffered.
Account of profits – Court may order infringer to give up profits made from piracy.
Delivery up – Seizure and destruction of infringing copies.

(B) Criminal Remedies (Sections 63–70)

Imprisonment – 6 months to 3 years.
Fine – ₹50,000 to ₹2,00,000.
Seizure of infringing goods.
Repeat offenders → higher penalties.

(C) Administrative Remedies

Suspension of business licenses.
Blocking of piracy websites (under IT Act + Copyright Act).

6. Penalties for Copyright Infringement (Important for Exams)

Offence	Punishment
First-time infringement	6 months – 3 years imprisonment + ₹50,000 – ₹2,00,000 fine
Second/subsequent offence	1 – 3 years imprisonment + ₹1,00,000 – ₹2,00,000 fine
Using infringing copy for profit	Same as above
Publishing false statements about copyright	Up to 2 years imprisonment + fine
Breaking DRM/technological protection (Sec. 65A/65B)	2 years imprisonment + fine

7. Case Laws (India)

R.G. Anand v. Delux Films (1978)

Issue: Whether copying a play into a film is infringement.
Supreme Court: If only the idea is copied (not expression), it is not infringement.
Only substantial copying of expression amounts to infringement.

UTV Software Communication Ltd. v. 1337x.to & Ors. (2019)

Delhi High Court ordered blocking of piracy websites.
Recognized online/digital infringement as a serious threat.

Super Cassettes (T-Series) v. Hamar Television (2011)

Unauthorized broadcast of songs by a TV channel = infringement.
Court granted injunction against the channel.

8. Difference Between Piracy and Infringement

Aspect	Piracy	Infringement
Meaning	Large-scale, commercial, mass violation of copyright	Any violation of copyright rights
Nature	Usually intentional & profit-driven	Can be intentional or unintentional
Examples	Selling pirated DVDs, torrent websites	Copying pages of a book, broadcasting songs without license
Punishment	Criminal + Civil remedies	Civil + Criminal remedies

9. Conclusion

Copyright infringement is a serious violation of intellectual property rights.
It affects creators, industries, and the economy.
The Copyright Act, 1957 provides strong civil and criminal remedies.
With digital technology, online infringement is increasing, so strict enforcement and public awareness are essential.

Que - 9. Remedies

1. Introduction

Copyright infringement occurs when someone uses, copies, distributes, or communicates a copyrighted work without the permission of the copyright owner.
The Copyright Act, 1957 provides remedies to protect the rights of authors and ensure justice.
Remedies may be civil, criminal, or administrative.

👉 In short: Remedies = ways in which the copyright holder can take legal action to stop or punish infringement.

2. Types of Remedies

(A) Civil Remedies (Sections 55–62)

Civil remedies are meant to protect the copyright owner and compensate losses.

Injunction

A court order stopping the infringer from continuing the violation.
Can be temporary (till final judgment) or permanent.
👉 Example: Court orders a shopkeeper to stop selling pirated CDs.

Damages

Monetary compensation for the loss suffered by the copyright owner.
Can be compensatory damages (actual loss) or punitive damages (to punish infringer).

Account of Profits

The infringer must hand over the profits earned from the illegal act.

Delivery Up and Destruction

The court can order the infringing copies (books, CDs, DVDs, software, etc.) to be delivered to the copyright owner or destroyed.

Anton Piller Order (Special Remedy)

A court order allowing the copyright owner to search the premises of the infringer and seize infringing goods without prior warning.
Prevents infringer from hiding or destroying evidence.

👉 Case Law Example:

Super Cassettes Industries Ltd. v. Myspace Inc. (2011) – Court granted injunction against Myspace for allowing users to upload copyrighted songs/videos without license.

(B) Criminal Remedies (Sections 63–70)

Criminal remedies are meant to punish the infringer and discourage piracy.

Imprisonment

Minimum: 6 months
Maximum: 3 years

Fine

Minimum: ₹50,000
Maximum: ₹2,00,000

Seizure of Infringing Copies

Police can seize pirated CDs, DVDs, software, or books.

Enhanced Penalty for Repeat Offenders

If a person repeats the offence, punishment is stricter:

Imprisonment: 1 to 3 years
Fine: ₹1,00,000 to ₹2,00,000

👉 Case Law Example:

Ramesh Sippy v. Shaan Ranjeet Uttamsingh (2013) – Unauthorized remake of the film Sholay was stopped, and criminal action was initiated.

(C) Administrative Remedies

These remedies involve government or regulatory action.

Border Measures

Customs authorities can stop the import/export of pirated goods.

Website Blocking Orders

Courts can direct ISPs to block access to piracy websites (e.g., torrent sites).

Suspension of Business Licenses

Businesses engaged in piracy (shops, printing presses) can lose their licenses.

👉 Case Law Example:

UTV Software Communication Ltd. v. 1337x.to & Ors. (2019) – Delhi High Court ordered blocking of online piracy websites to prevent streaming and downloads of movies.

3. Difference Between Civil and Criminal Remedies

Basis	Civil Remedies	Criminal Remedies
Purpose	Compensates the copyright owner	Punishes the infringer
Relief	Injunction, damages, delivery up	Imprisonment, fine, seizure
Filed By	Copyright owner	State (with complaint of owner)
Example	Author sues for damages	Police raid pirated CD shop

4. Importance of Remedies

Protects the economic rights of authors, artists, and companies.
Discourages piracy and infringement.
Encourages creativity and innovation.
Ensures balance between creator’s rights and public interest.

5. Conclusion

The Copyright Act, 1957 provides comprehensive remedies to deal with infringement.
Civil remedies help protect and compensate authors.
Criminal remedies punish offenders and discourage piracy.
Administrative remedies prevent large-scale commercial piracy.
Together, they ensure that creators get fair recognition and financial reward, while society benefits from continued creativity.

Que - 10. Copyright and Software

1. Introduction

Software is treated as a literary work under the Copyright Act, 1957 (India).
Both source code (human-readable programming code) and object code (machine-executable code) are protected under copyright.
Protection ensures that the creator or company that develops software can control its use, reproduction, distribution, and adaptation.

📖 Legal Basis:

Section 2(o): “Literary work” includes computer programs.
Sections 14–18: Rights of the copyright owner, assignment, licensing.
Sections 51–63: Remedies for infringement.

2. Definition of Software under Copyright Law

According to Indian Copyright Act:
“A computer program means a set of instructions expressed in words, codes, schemes, or in any other form, including a machine-readable medium, capable of causing a computer to perform a task.”
Key Points:

Includes source code, object code, flowcharts, and algorithms.
Both original software programs and software documentation are protected.
Protection arises automatically once the software is created and fixed in a tangible medium (CD, pen drive, server, cloud).

3. Rights of Copyright Holder in Software

Right	Explanation	Example
Reproduction Right	Copying the software in any form	Installing Windows on multiple computers without license = violation
Distribution Right	Selling, renting, leasing software	Selling pirated Microsoft Office CDs
Adaptation / Derivative Work	Modifying software or creating new software based on existing code	Creating a new game using copyrighted engine without permission
Public Performance / Communication	Broadcasting or streaming software	Providing software as SaaS to others without authorization

4. Types of Software Protected

Proprietary Software

Owned by a company or individual; sold under license.
Example: Microsoft Windows, Adobe Photoshop.

Open Source Software

Available freely with source code; protected under license terms (GPL, MIT, Apache).
Example: Linux OS, Python libraries.
Copyright ensures terms of use are followed.

Custom / In-House Software

Developed by a company for internal use; copyright ensures protection against leakage or piracy.

5. Infringement in Software

Acts Constituting Infringement

Installing unlicensed copies on multiple computers.
Selling cracked or pirated software CDs.
Copying software for commercial use without permission.
Distributing software over the internet illegally (torrent, pirate sites).
Modifying or creating derivative works without license.

Example:

Using a single licensed copy of Windows on 10 computers → infringement.
Uploading Adobe Photoshop crack online → piracy.

6. Remedies for Software Copyright Infringement

Civil Remedies:

Injunction to stop distribution.
Compensation / damages.
Delivery up of pirated software copies.

Criminal Remedies:

Imprisonment: 6 months – 3 years.
Fine: ₹50,000 – ₹2,00,000.
Repeat offenders → higher penalties.

Digital / Administrative Remedies:

Blocking websites distributing pirated software.
Using DRM (Digital Rights Management) and encryption to prevent unauthorized copying.

7. Duration of Copyright in Software

Treated as literary work → protected for author’s lifetime + 60 years.
If developed by a company, copyright lasts 60 years from publication.

8. Importance of Software Copyright

Protects Intellectual Property

Ensures software developers are rewarded for their innovation.

Encourages Innovation

Companies invest in research and development knowing they are legally protected.

Prevents Piracy

Reduces financial loss due to illegal copying and distribution.

Supports Licensing and Commercialization

Allows software to be licensed legally, generating revenue.

9. Case Law Example

Tata Consultancy Services v. State of Andhra Pradesh (2001)

Issue: Pirated copies of TCS software being used by government departments.
Court held: Unauthorized use = copyright infringement.
Emphasized need for software licensing compliance.

Microsoft Corp. v. Mr. X (2005)

Sale of pirated Microsoft Windows and Office → court granted injunction and fine.

10. Conclusion

Software copyright is crucial to protect digital creativity in the IT era.
Copyright ensures developers can earn revenue, control use, and prevent piracy.
With digital proliferation, enforcement (DRM, website blocking, licensing) is essential to combat infringement.
Both proprietary and open-source software require understanding of license terms and copyright law.

Prof. Dr. Rajivkumar G. Sharma

Monday, September 15, 2025

PATENT RIGHTS AND COPYRIGHTS (Eng. Med.) (Unit 2)

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Unit 3 Copyright and Patent (Guj. Med.)

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