Page 54 - DMGT310_ENTREPRENEURSHIP_AND_SMALL_BUSINESS_MANAGEMENT

Unit 4: Legal Issues for Entrepreneur

Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Notes
Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any
other person who is duly licensed in this regard by the owner of copyright.

Notes Copyrights include the right of adaptation, right of reproduction, right of
publication, right to make translations, communication to public etc.

Copyright protection is conferred on all Original literary, artistic, musical or dramatic,
cinematograph and sound recording works. Original means, that the work has not been copied
from any other source. Copyright protection commences the moment a work is created, and its
registration is optional. However it is always advisable to obtain a registration for a better
protection. Copyright registration does not confer any rights and is merely a prima facie proof
of an entry in respect of the work in the Copyright Register maintained by the Registrar of
Copyrights.
As per Section 17 of the Act, the author or creator of the work is the first owner of copyright. An
exception to this rule is that, the employer becomes the owner of copyright in circumstances
where the employee creates a work in the course of and scope of employment.
4.1.2 Trademarks

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade
Marks Act, 1999 and the rules there under. It acts as a resource and information centre and is a
facilitator in matters relating to trade marks in the country.
The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country
and to provide for better protection of trade mark for goods and services and also to prevent
fraudulent use of the mark.
The main function of the Registry is to register trademark which qualifies for registration under
the Act and Rules.

Task Make a presentation on the Intellectual property rights with text and images.

Trademark means a different mark of authenticity, through which the products of particular
manufacturers or different commodities of particular manufacturer, trader, or vendor may be
distinguished from those of others. Trademark in India is mainly governed by the rules and
regulations laid down in Indian Trademark Act, 1999. According to Act trademark is a mark
capable of being represented graphically and which is capable of distinguishing the goods or
services of one person from those of others and may include shape of goods, their packaging and
combination of goods. The definition of mark as contained in the Act is not exhaustive and there
is practically no limit to the combination of various types of marks.
Brand name/Trademark protection in India is governed under The Trademark Act, 1999. The
provisions of Trademark Act, 1999 provides the process of registration of trademark and liabilities
after the registration of trademark. The law defines “Brand name/ Trademark” includes a device,
brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging
or combination of colors or any combination thereof. The trademark filing under trademark
law in India can be done by a proprietor, partner, trust/society and company with a principle
place of business.

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