Copyright is a legal right granted to the writers of literary and dramatic works, creators of musical and artistic works & producers of cinematograph films, sound recordings and computer softwares. Copyright protects and rewards creativity by conferring upon the author the exclusive right to reproduce, communicate, perform, adapt and translate their work

Copyrights in India

• First copyright legislation in India was introduced during the British period in 1914. Currently, copyright is protected under the Indian Copyright Act of 1957 and Copyright Rules of 2013.
• India is a party to the Berne Convention for the Protection of Literary and Artistic Works of 1886, the Universal Copyright Convention of 1951 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995. Hence copyrights owned by subjects of the countries party to these conventions are also protected in India, and vice versa.
• In India, copyright arises automatically under the Copyright Act 1957 upon the creation of original work. There is no requirement under the Act to register copyright for claiming protection under the Act.
• The registration procedures are being administered by the a Registrar of Copyrights located at New Delhi.

Benefits of Copyright Registration

• Copyright encourages creativity by offering protection to original creative works for a limited period during which the creators can make use of their work.
• Copyright protection also promotes the authors to create further and inspires others to start working creatively.
• Certificate of Registration of copyright will act as a prima facie proof of ownership in judicial proceedings related to copyright disputes.
• Registration of copyright also simplifies the process of licensing/assigning the copyrighted work.

Term of Protection

• Literary, artistic, dramatic and musical works are protected for the lifetime of the author and 60 years after the death of the author.
• Photographs, cinematograph films, sound recordings, works of government, public undertakings and international organisations are protected for 60 years from the year of its first publication.

Registration Procedure

Copyright registration can be obtained by filing an application with all relevant documents and fees with the Register of Copyrights. The entire registration process may take 3-6 months of time. Below is the overview of copyright registration system in India;

Industrial Design right is a legal protection granted for the designer of a new or original structure, shape, configuration, style or ornaments, in two dimensional and/or three dimensional form, that can be used in any industrial process. While the functional aspects of goods are protected under the patent laws, the non-functional visual appearances of goods are protected under the design laws.

Designs in India

• First design legislation in India was introduced during the British colonial period in 1911. Currently, registered designs are protected under the Designs Act of 2000 and Designs Rules of 2001.
• As like patents, design right is territorial in nature and designs registered in India will not provide universal protection. It can be enforced only within the territory of India. Applicants who wish to protect their invention in multiple countries must obtain separate design registrations in each country/region desired.
• India is a yet to become a party to the Hague Agreement Concerning International Registration of Industrial Designs. Hence, currently, filing of international design application from India or designating India in an international application is not possible.
• Design applications may be filed at any of the four patent offices located at New Delhi, Mumbai, Chennai and Kolkata and the registration procedures are being administered by the Design Wing located at Kolkata.

Benefits of Design Registration

• Unlike copyright, design rights are not automatic upon the creation of work. Registration of designs is mandatory for claiming legal protection available under the design laws.
• Only upon registration, the creator will have the exclusive right to use the design in the course of industrial process.
• The owner of a registered design can enforce the right against those who makes, uses or copies the design without his/her permission, by taking legal action, to restrain them from infringing the legal right and obtain reasonable royalty damages.
• Registration of design also simplifies the process of licensing, assigning or transferring the legal right.

Term of Protection

• In India, design registrations are valid for a period of 10 years from the registration date, which may be extended for another 5 years on the payment of extension fee before the expiry of the original term.
• The maximum term of protection is 15 years from the registration date.

Registration Procedure

Design registration can be obtained by filing an application and all relevant documents with the Design Wing. The entire registration process may take 6-12 months from the filing date. Below is the overview of design registration process in India;