Ipr unit ii

Introduction to Copyrights
 copy rights are a set of exclusive rights granted by law to the
creators and producers of form of creative expressions such
as literary, dramatic, musical and cinematographic works.
 Books, songs, plays, jewellery, movies, sculptors, paintings
and choreographic works are all protectable.
 Computer software is also protectable by copyright.
 Marketing material, advertising copy and cartoons are also
protectable.
 But certain works are not protectable by copyright, such as
titles, names, short phrases, or lists of ingredients.
 Similarly ideas, methods and processes are not protectable
by copyright, although the expression of those idea is.

Copyright Principles:
 Every author requires little incentive to create new work,
without fear that after his/her work is not infringed and the
copyright helps in it.
 The copyright law protects music, architecture, writing,
computer programs, plays, websites, movies, dance, and
visual artworks like painting, graphic arts, sculptures,
photographs etc., from infringement.
 The person of entity that creates on original work which can
claim a copyright is called ‘author’, and the work is called
the copyrightable work.
 The moment the author has done with his/her work, so that
the work is presentable, a copyright is acquired (copyright
springs into existence the moment the work is created).
 To get copyright, the work of the author must be original.
 Term ‘original’ in the copyright law means that the author
has not copied the work from anyone or any other source.

Subject matter of copyright
 Copyright protects original works of authorship that are fixed
in a tangible form of expression, now known or later
developed.
 Thus , there are three basic requirements for copyrightability.
1. A work must be original.
2. A work must be fixed in a tangible form of expression.
3. A work must be a work of authorship.
 A work must be original:
To be eligible for copyright protection, material must be
original, meaning that it must have been independently created
and must possess a modicum of creativity.

Subject matter of copy right
 A work must be fixed in a tangible form of expression:
The copyright act protects works of authorship that are “
fixed in any tangible medium of expressions”. Thus there
are two categories of tangible expression in which work
can be fixed.
1. copies.
2. phonorecords
 A COPY is a material object (other than a phonorecord)
from which a work can be perceived, reproduced, or
communicated, either directly by human perception or
with the help of machine.

Subject matter of copy right
 A PHONORECORD is a material object in which sounds
(other than those accompanying a motion picture or other
audio-visual work) are fixed and from which sounds can be
perceived, reproduced, or communicated either directly by
human perception or with the help of machine.
 Thus, a record, a cassette tape, and a CD recording of song by
rolling stones are all considered to be “PHONORECORDS”.
 Works of authorship:
A copyright act provides that copyright protection subsists in original
works of authorship fixed in any tangible medium of expression,
now known or hereafter developed, from which they can be
perceived, reproduced or otherwise communicated, either directly or
with the aid of machine.

Works of authorship include the following categories:
1. Literary works
2. Musical works (including accompanying words)
3. Dramatic words (including accompanying music)
4. Pantomimes and choreographic works
5. Pictorial, graphic, and sculptural works
6. Motion pictures and other audio-visual works
7. Sound recordings
8. Architectural works.

LITERARY WORKS:
 "Literary works" are works, other than audiovisual works,
expressed in words, numbers, or other verbal or numerical
symbols, regardless of the nature of the material objects,
such as books, periodicals, manuscripts, phonorecords,
films, tapes, disks, or cards, in which they are embodied.
 This broad category includes works of fiction and non
fiction, catalogs, reports, speeches, pamphlets, computer
programs, articles, novels, directories, computer databases,
essays, catalogs, poetry, dictionaries, encyclopedias, and
other reference materials.

MUSICAL WORKS:
 A musical work consists of the musical notes and lyrics (if
any) in a musical composition.
 A musical work may be fixed in any form, such as a piece of
sheet music or a compact disc.
 Musical works may be "dramatic," i.e., written as a part of a
musical or other dramatic work, or "non dramatic," i.e., an
individual, free-standing composition.

DRAMATIC WORKS:
 A dramatic work is usually a theatrical performance of
play performed for stage, movie, television, or radio. It
includes spoken text, plot, and directions for action.
(or)
 Generally, a dramatic work is one in which a series of
events is presented to the audience by characters through
dialogue and action as the events happen, such as well
known plays.

PANTOMIMES AND CHOREOGRAPHIC WORKS:
 Pantomime or mime is a performance using gestures and
expression to communicate with no accompanying sound.
 The 1976 act as the first statute to include choreography as a
copyrightable work.
 Choreography is the composition and arrangement of dance
movement and patterns, often accompanied by music.
Simple dance routines and social dance steps such as waltz,
the fox trot, and the second position of classical ballet are
not copyrightable.
 Traditionally pantomime and choreographic works are fixed
in a system of written notation, but the copyright act
provides that they also may be fixed in any tangible
medium, including film, video, or photographs.

PICTORIAL, GRAPHIC AND SCULPTURAL WORKS:
 pictorial, graphic and sculptural works include two dimensional
and three dimensional works of fine, graphic and applied art.
 This category of work is extremely broad and includes the
following: photographs, prints, posters and art reproductions, maps,
globes, charts, diagrams, art work applied to clothing, bumper
stickers, cartoons, and comic strips, dolls, toys, jewelry designs,
mosaics, patterns for sewing, record jacket work, tapestries, quilts,
fabric, floor, and wall covering designs, games, puzzles, greeting
cards, postcards, and sculptures (including carvings, figurines and
molds), models, technical drawings, including architectural plans
and blueprints.

 A minimal threshold of creativity is required.
 Thus, a simple shape such as drawing of a circle or square may
not be protected.

MOTION PICTURES AND OTHER AUDIOVISUAL WORKS:
 "Audiovisual works" are works that consist of a series of
related images which are intrinsically intended to be shown by
the use of machines, or devices such as projectors, viewers, or
electronic equipment, together with accompanying sounds, if
any, regardless of the nature of the material objects, such as
films or tapes, in which the works are embodied.
 "Motion pictures" are audiovisual works consisting of a series
of related images which, when shown in succession, impart an
impression of motion, together with accompanying sounds, if
any.

SOUND RECORDINGS:
 A "sound recording" is the work that results from the fixation of
sounds, including those that are musical or spoken. When those
sounds are included in an audiovisual work, such as a music
video, they are considered part of the audiovisual work rather than
a sound recording.
ARCHITECTURAL WORKS:
 An "architectural work" is "the design of a building as
embodied in any tangible medium of expression, including a
building, architectural plans, or drawings." It includes the
overall form as well as the "arrangement and composition of
spaces and elements" in the design of the building.

The rights afforded by copyright law
Owners of copyright are granted a bundle of exclusive rights:
 Rights to reproduce the work.
 Rights to prepare adaptions or derivative works based on
the original work (i.e., to alter, remix, or build upon the
work).
 Rights to distribute the work.
 Rights to perform the work.
 Rights to display the work.
Exercise of any of these rights without permission of the
copyright owner will constitute infringement of copyright, even
if there is on intent to infringe and the use of innocent.

These exclusive rights will be examined in detailed.
 Rights to reproduction:
The most fundamental of the rights granted to copyright
owners is the right to reproduce the work, there by excluding
others from reproducing the work.
 Rights to prepare derivative works:
Sec 106 of the copyright act provides that the owner of a
copyright has the exclusive right to prepare derivative work
based upon the copyright work. This right is often referred to
as the right to adapt the original work.

Derivative Work:
Derivative work is broadly defined as a work based upon one
or more pre-existing works, such as a translation,
dramatization, fictionalization, motion picture version,
abridgement condensation or any other form in which a
work may be recast, transformed or adapted. A work
consisting of editorial revisions, annotations, elaborations or
other modifications also.

The Rights afforded by copyright law
 Rights to distribute the work:
Sec 106(3) of the copyright Act provides that the owner of a
copyright has the exclusive right to distribute copies or
phonorecords of the work to the public by sale or other
transfer of ownership, or by rental, lease or lending.
Rights to perform the work publicly:
Sec 106(4) of the copyright Act provides that in the case of
literary, musical, dramatic and choreographic works,
pantomimes and motion pictures and other audio visual
works, the copyright owner has the exclusive right to
perform the copyrighted work publicly.

Perform:
The word perform means to recite, render, play, dance or act
a work, either directly or by means of a device or process to
show its images in any sequence or to make the sounds
accompanying it audible.
 Rights to display the work publicly:
Sec 106 (5) of the copyright Act provides that in the case of
all copyrighted works other than sound recordings and
works of architecture, the copyright owner has the exclusive
right to display the work publicly.
Right to display the work publicly same as to public
performance.

Exceptions to the exclusive rights granted
to copyright owners:
 Right to use certain copyrighted works in certain
instructional and educational activities.
 During religious services.
 For non commercial fund raising.
 Veterans and fraternal organisations.
 Agricultural and horticultural fairs.
 Small commercial establishments.
 For handicapped persons.

Copyright Ownership
 Copyright ownership vests in the author of a work or
authors of the work.
 Special issues arise about ownership. They are
1. A) When more than one person creates a work (joint
work).
B) When the work has multiple parts (such as a song
consisting of a melody composed by one person and
lyrics composed by another).
2. When a derivative work based upon an underlying
work is created or when existing works are combined
into a collection.
3. When work is created by an employee (works made
for hire).

Copyright ownership
Determination of ownership is critical because it affects
other rights, such as ability to transfer or license a work and
the duration of the copyright in a work.
Joint Work:
When two or more people create a work with the
intent that their contributions be merged into the completed
work, the work is joint work, and others each have rights to
distribute, perform, reproduce or display the work.

Copyright ownership
Examples:
1. joint works are books that are co-authored by individuals,
2. plays that are composed of narrative written by one party,
music by another, and lyrics to the music by the a third.
Derivative work:
A derivative work is one based upon an underlying work,
the author of the underlying work has exclusive rights in his
work, and the author of the derivative work has rights in his
newly created work that exist independently from any rights in
the original work.
Although the general rule is that the person who creates a
work is the author of that work, there is an exception to that rule.

Copyright ownership
Works made for hire:
If a work is “made for hire”, the author is considered
to be the employer or commissioning party and not the
employee or the actual person who created the work. The
employer or commissioning party may be a company or an
individual.

Copyright ownership
Examples:
 A software program created by a staff programmer for
creative computer corporation.
 A news paper article written by a staff journalist for
publication in a daily news paper.
 A musical arrangement written for XYZ company by a
salaried arranger on its staff.

Copyright ownership
There are two types of works that are classified as works made
for hire:
1. Works prepared by an employee within the scope of
employment. And
2. Certain categories of specially ordered or commissioned
works.
Works prepared by an employee within the scope of employment:
A work made for hire is one prepared an employee in the scope of
employment that parties have agreed in writing will be a work
made for hire.

Copyright ownership
Specially commissioned works:
If the work is not one prepared by an employee but, rather is
one prepared by an independent contractor, it can be deemed
a work made for hire and thus owned by the commissioning
party if three conditions are met.
a. It is a specially ordered or commissioned work.
b. The parties agree in writing that the work is one made
for hire.
c. And the work falls into one of nine specially enumerated
categories.
The nine categories are:
1. A contribution to a collective work.
2. Part of a motion picture or other audio-visual work.

Copyright Ownership
3. A translation
4. A supplementary work (a work prepared for publication as
a secondary adjunct to a work by another author for the
purpose of introducing, illustrating, or explaining the work
such as forewords, pictorial instructions, tables, editorials,
bibliographies, appendices and indexes).
5. A compilation.
6. An instruction text (a literary, pictorial or graphic work
prepared for publication with the purpose of use in
systematic instructional activities).
7. A test.
8. Answer material for a test.
9. An atlas.

Transfer of copyright
 Copyrights may be transferred . Moreover, the rights of
copyright owner (including rights to reproduce, adapt,
distribute, perform, and display the work) are divisible,
meaning that the author may transfer some rights and
retain others.
 Transfer of exclusive rights must be in writing.
 Transfers of copyright can be terminated either by the
author or certain of his or heirs during a five year period
beginning in the 36th year after a transfer.

Transfer of copyright:
Transfers of copyright
Divisibility of
ownership
Requirement of writing for
transfer of exclusive rights
Recordation of transfer

Divisibility of ownership:
Copyrights are divisible, meaning they can be subdivided,
such as occurs when the copyright owner of a book carves up his or
her rights to prepare derivative works by granting one party the right
to translate the book, granting another party the right to make a
motion picture based on the book, granting a third party the right to
prepare a sequel to the book.
Requirement of writing for transfer of exclusive
rights:
A transfer of copyright ownership other than a transfer by
operation of law is not valid unless the transfer is in writing and
signed by the owner of the rights conveyed. This requirement of a
writing protects copyright owner from inadvertently transferring their
copyrights.

Recordation of transfer:
• there is no requirement that transfer or licenses of copyright or
grants of security interests in copyright be recorded with the
copyright office.
• recordation is prudent, however, because it provides notice of
rights in copyrights and may establish priorities' of conflicting
transfers.
• the copyright office does not make or participate in the transfer
but merely records the document in its files.
• recordation can be made whether the work is published or
unpublished and whether or not it has been registered with the
copyright office.
• other documents pertaining to copyrights can also be recorded.

Duration of copyright
 The duration of copyright depends upon whether the
copyright was created after January 1, 1978, the effective
date of the 1976 copyright act, or before that date.
 Under the copyright act of 1909, federal copyright
protection commenced upon publication of the work. Prior
to publication, common law copyright principles
controlled.
 Under the 1976 act, federal copyright protection
commences upon creation of the work in a fixed form,
whether the work is published or not.
 Because works under the 1909 act may still be subject to
copyright protection, it is important to understand the
periods of duration for works created under both acts.

Duration under the 1909 copyright Act.
Duration under the 1976 copyright Act.
Duration under the 1909 copyright Act:
• Under the 1909 Act, the copyright in a work lasted for a first
term of 28 years from the date it was secured.
• During the last year of the term, the copyright was eligible for
renewal either by the author or specified heirs for a second
term of 28 years.
• If not renewed, the copyright was expired at the end of the first
28 year term.
• Thus the maximum allowable length of copyright protection
under the 1909 act was 56 years.

Duration under the 1976 copyright Act:
For works that are created and fixed in a tangible medium of
expression after January 1, 1978, the copyright Act of 1976 does
away with burdensome renewal requirements and establishes a
single copyright term.
There are three basic categories of works:
• For works created after January 1, 1978 copyright extends for
the life time of the author plus 70 years.
• For joint works, the duration is for 70 years after the last
survivors death.
• For works made for hire, the duration is generally 95 years
from first publication or 120 years from creation, which ever is
shorter.

Copyright formalities and registration
Parties who may file application:
the following persons are entitled to submit an
application for registration of copyright.
• The author
• The copyright claimant.
• The owner of exclusive rights, such as the
transferee of any of the exclusive rights of
copyright ownership.
• The duly authorized agent of the author, claimant,
or owner of exclusive rights.

Filing the application:
• Filing an application for copyright with complete details
and copies , the author or rightful owner has to wait for a
mandatory period of 30 days for any objection that may
be filed in the copyright office against the claim that the
concerned work created by the applicant.
• If any objection is filed, it may take another one month’s
time to decide as to whether the work could be registered
by the registrar of copyrights after giving an opportunity
of hearing the matter from both the parties.

Examination of the application:
 The copyright office will assign the application to a specialist
examiners.
 The examiner will review the application to ensure all information
is complete and compare the application and deposit for
consistency.
 If no objection is filed within the said period, the application is then
formally examined and objection by the examiner, if any, are raised
or any extra documents required are requested for. Response to the
objections/examination report has to be filed within 30 days.
 There are four major examining sections in the copyright office:
one for literary works
one for works of the performing arts
one for works of visual arts
one for renewals

Copyright registration:
A copyright registration certificate is issued by the copyright
office after objections, if any, are overcome to the
satisfaction of the copyright office.

APPENDICES
Appendix-I
Form IV - Application for Registration of Copyright
To
The Registrar of Copyrights
Copyright Office
New Delhi- 110 001.
Sir,
In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of Copyright and
request you that entries may be made in the Register of Copyrights in the enclosed Statement of Particulars sent herewith in
triplicate.
I also send herewith completed the Statement of Further Particulars relating to the work.
(For Literary, Dramatic, Musical and Artistic works only)
2. In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of this letter and of
the enclosed Statement(s) to other parties concerned, as shown below:
Name and addresses of the parties Date of dispatch
See columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col. 2 (e) of the Statement of Further
Particulars.)
3. The prescribed fee has been paid, as per details below:-
4. Communications on this subject may be addressed to: -
5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent to as per
paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.
6. I hereby verify that the particulars given in this Form and in the Statement of Particulars and Statement of Further
Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.
Yours faithfully,
Signature by the applicant
List of enclosures:
Place:
Date:

Statement of Particulars
(to be sent in triplicate)
1. Registration No. (to be filled in by the Copyright Office)
2. Name, address & nationality of the Applicant
3. Nature of the Applicant’s interest in the Copyright of the work
4. Class and description of the work
5. Title of the work
6. Language of the work
7. Name, address & Nationality of the Author and if the author is deceased, the date of decease
8. Whether the work is published or unpublished
9. Year and Country of first publication (Name, address and nationality of the publisher)
10. Years and countries of subsequent publications if any, and name, addresses and nationalities of the
publishers
11. Names, address and nationalities of the owners of various rights comprising the copyright in the work
and the extent of rights held by each, together with the particulars of assignments and licence, if any
12. Names, addresses and nationalities of other persons if any, authorised to assign or licence the rights
comprising the copyrights
13. If the work is ‘Artistic’ the location of the original work, including name and address and nationality of
the person in possession of the work, (in case of an architectural work, the year of completion of the
work should also be shown).
13A. If the work is an Artistic work which is used or is capable of being used in relation to any goods, the
application should include a certification from the Registrar of Trade Marks in terms of the proviso to
Sub-Section (i) of Section 45 of the Copyright Act, 1957.
14. Remarks, if any
Signature of the Applicant
Place:
Date:

Statement of Further Particulars
(To be sent in triplicate)
(For Literary, Dramatic, Musical and Artistic works only)
1. Is the work to be registered
a. an original work?
b. a translation of a work in the public domain?
c. A translation of a work in which Copyright subsists?
d. an adaptation of a work in the public domain?
e. an adaptation of a work in which Copyright subsists?
2. If the work is a translation or adaptation of a work in which Copyright subsists:
a. Title of the original work
b. Language of the original work
c. Name, address and nationality of the author of the original
work and if the author is deceased, the date of decease
a. Name, address and nationality of the publisher, if any,
of the original work
a. Particulars of the authorization for a translation or adaptation
including the name, address and nationality of the party authorizing:
3.Remarks, if any
Signature
Place:
Date:

Instructions for filling up the Statement of Particulars
annexed to Form IV for the Registration of Copyrights
Col.3:- State whether the applicant is the author or publisher of the work or
whether he/she is the owner assignee or licencee of any right comprising the
copyright in the work or whether he has any other interest in the work.
Col.4:- State whether the work is "Literary work" or "Dramatic Work" or
"Musical work" or "Computer Software work" or "Artistic Work" or
"Cinematograph Film" or "Sound Recording", [see sub- section (i) of Section
13]. Describe in brief the nature of the work (i.e. Drama, Novel, Biography,
Poems, Lecturers Opera, Painting, Engraving, Photograph, Disco tapes, etc.)
Col. 5 In regard to a work, a title must be given.
Col. 6 If the work is in more than one language, all the languages should be
shown.
Col. 7 For the definition of Author see clause ‘d’ of Section 2. Moreover,
irrespective of the person who gave the ideas or suggestions, the author is the
person who has actually drawn or executed the work in question.

Col. 8 For definition of Publication see Section 3 of the Act, and if the work is
posthumous work, see sub-section (2) of Section 24.
Col. 9 If a work is published simultaneously in more than one country, state
particulars of countries in which it is published and the exact date of publication (and
not merely the year of publication) in each country. For meaning of simultaneous
publication see section 5.
Col. 10 In case of subsequent publication, state briefly the changes, if any, made in the
first publication.
Col.11 For the rights comprising the Copyright, see Section 14. If the rights are
owned separately by different persons the rights of each person should be stated
separately, including the extent of rights held by each person. In the case of a
‘Cinematograph Film’ or ‘Sound Recording’ also state in full particulars (viz.
full names, addresses and nationalities) of the owners of Copyright of the work
recorded in the Sound Recording like the composers, lyricists, story writers, etc.
Col.12 State the Particulars of the persons other than those mentioned in Col.11,
authorized to assign or licence the rights comprising the copyrights, if any.
Col.13 State where and with whom the original work is located. This information is
required to be supplied in case of artistic work as defined in Section 2 (c).
Col.13A In case an artistic work is used or is capable of being used in relation to any
goods, a Search Certificate from the Trade Marks Registry u/s 45 (1) of the
Copyright Act, 1957 as amended from time to time, has to be procured, and enclosed
in original with the application for registration of Copyright.

Second schedule to the Copyright Rules, 1958 (As amended from time to
time) enlisting various fee payable under the Copyright Act, 1957.
For a licence to republish a Literary, Dramatic, Musical or Artistic work
(Section 31, 31-A and 32-A)
Rs. 400/- per work
For licence to republish a Cinematograph Film (Section 31) Rs. 600/- per work
For a licence to republish a sound recording (Section 31) Rs. 400/- per work
For a licence to perform an Indian work in public or to communicate the
work to the public by Broadcast (Section 31)
Rs. 200/- per work
For an application for a licence to produce and publish a translation of a
Literary or Dramatic work in any Language ) (Section 32 & 32-A
Rs. 200/- per work
For an application for registration or copyright in a:
Literary, Dramatic, Musical or Artistic work Rs. 50/- per work
Provided that in respect of a Literary or Artistic work which is used or
is capable of being used in relation to any goods (Section 45)
Rs. 400/- per work
For an application for change in particulars of copyright entered in the
Register of Copyrights in respect of a:-
Literary, Dramatic, Musical or Artistic work Rs. 50/- per work

Provided that in respect of a literary or Artistic work which is used or is
capable of being used in relation to any goods (Section 45)
Rs. 200/- per work
For an application for registration of Copyright in a Cinematograph Film
(Section 45)
Rs. 600/- per work
For an application for registration of change in particulars of copyright entered
in the Register of Copyrights in respect of Cinematograph film (Section
45)
Rs. 400/- per work
For an application for registration of copyright in a Sound Recording (Section
45)
Rs. 400/- per work
For an application for registration of changes in particulars of copyright
entered in the Register of Copyrights in respect of Sound Recording (Section
45)
Rs. 200/- per work
For taking extracts from the indexes (Section 47) Rs. 20/- per work
For taking extracts from the Register of Copyrights (Section 47). Rs. 20/- per work
For a certified copy of an extract from the Register of Copyrights of the
indexes (Section 47)
Rs. 20/- per work
For a certified copy of any other public document in the custody of the
Register of Copyright or the Copyright Board
Rs. 20/- per work
For an application for prevention of importation of infringing copies (Section
Rs. 400/- per work

International copyright law
 Nearly 1 million books and literary titles, 5000 feature
films and 3 million songs are published world wide each
year.
 Yet there is no such thing as “international copyright” that
will protect an authors work through the world.
 Protection generally is afforded on a country by country
basis. However, most countries offer protection to foreign
work under international conventions and treaties.
 There are two principal international copyright treaties or
conventions.
1. the Berne convention for the protection of literary
and artistic property.
2. the universal copyright convention (UCC)

Berne Convention
The Berne convention was created in 1886 under
the leadership of Victor Hugo to protect literary
and artistic works.
It has more than 160 member nations.
The US became a party to the Berne convention
in 1989.
It is administered by WIPO and is based on the
percept that each member nation must treat
nationals of other member countries like its own
nationals for the purpose of copyright (the
principle of “national treatment”).

Treaties supplementing the Berne convention
In December 1996, WIPO convened in Geneva, Switzerland, to
work on the first amendment to international copyright laws in 25
years, action that was primarily spurred by concern over piracy of
copyrighted works through the internet.
There are two treaties,
1. The WIPO copyright treaty
2. The WIPO performance and phonograms treaty
The WIPO copyright treaty clarify that computer programs are
protectable by copyright as literary works, that unauthorized
reproduction or distribution of work by electronic means is
infringement.

Treaties supplementing the Berne convention
The act prohibits both the use of circumvention methods and
the manufacturing or offering of circumvention devices.
Circumvention is permissible for computer security testing,
encryption research, certain library uses and for law
enforcement activities.
2. The WIPO performance treaty provides similar rights,
granting protection to sound recordings first fixed in a treaty
member country.

The Uruguay round agreements Act
In December 1994, president Clinton signed the Uruguay
Round Agreements Act (URAA) that implements the
Uruguay round general Agreement on tariffs and trade
(GAAT), which itself includes an agreement on trade related
aspects of intellectual property (TRIPs). TRIPs requires all
members of the WTO to provide certain standards of
protection for trademarks, copyrights, patents and trade
secrets and requires countries to provide effective
enforcement of these rights.

World Trade Organisation
• GATT was replaced by the WTO, which oversees various
agreements.
• The WTO was established in 1995 to implement the
Uruguay round agreements, serve as a forum for trade
negotiations, handle trade disputes, and monitor national
trade policies.
• It has more than 150 members.
• The US has been a member of WTO since 1995.
• The WIPO and WTO cooperate to provide assistance to
developing countries with respect to intellectual property
rights and laws.

Universal Copyright Convention
• The US became a party to the original universal copyright convention in 1955.
• More than 30 years before the US becomes a party to the Berne convention; thus
the UCC was the first international convention relating to copyright to which the
US was subject.
• Similar to the Berne convention, the UCC is based on the principle of national
treatment, requiring that works originating in a member nation must be given the
same protection in each of the other member nations as is granted by the law of the
country of the origin.
• The UCC imposes fewer minimum standards on its members than does the Berne
convention.
• The UCC provides that use of copyright notice in a prescribed form( the © symbol,
accompanied by the year of first publication and the name of the copyright owner).
• Some Berne member countries joined the UCC to establish relations with the
nations that are not members of Berne.
• The UCC is administered by UNESCO.

Ipr unit ii

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