Page 246 - DMGT553_RETAIL_STORE_MANAGEMENT

Unit 14: Contemporary Issues in Store Management

Most jurisdictions recognize copyright limitations, allowing “fair” exceptions to the author’s Notes
exclusivity of copyright, and giving users certain rights. The development of the Internet, digital
media, computer network technologies, such as peer-to-peer file sharing, have prompted
reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and
inspired additional challenges to copyright law’s philosophic basis. Simultaneously, businesses
with great economic dependence upon copyright have advocated the extension and expansion
of their copy rights, and sought additional legal and technological enforcement.

Copyright Protection in India

India has one of the most modern copyright protection laws in the world. Major development in
the area of copyright during 1999 was the amendment to the Copyright Act of 1957 to make it
fully compatible with the provisions of the TRIPS Agreement. Called the Copyright
(Amendment) Act, 1999, this amendment was signed by the President of India on December 30,
1999 and came into force on January 15, 2000.
The earlier 1994 amendment to the Copyright Act of 1957 had provided protection to all original
literary, dramatic, musical and artistic works, cinematography, films and sound recordings.
It also brought sectors such as satellite broadcasting, computer software and digital technology
under Indian copyright protection. The Copyright Act is now in full conformity with the TRIPS
obligations.
Consequent to the number of measures initiated by the government, there has been more
activity in the enforcement of copyright laws in the country during the last year compared to
previous years. This reflects the general improvement in the enforcement of the copyright law.

14.1.2 Trademarks

“Trademark is a mark or symbol used by a trader in association with specific goods manufactured
and or sold; mark may be a symbol of reputation of some kind in the goods for its origin or
quality or both.”

“The Brand name, Label or Logo of a company can be registered as a Trademark. Once it is
registered then it is protected against misuse by the third parties. The Registered Trademark is
a valuable property, which can be transferred or sold or licensed to third parties.”

In India, The Trademarks Act, 1999 governs this and the law encourages registration of
Trademarks, as registration confers on the owner an exclusive right to use the mark.
Service Mark: The Trademarks Act provided the facility to register marks for services as well as
goods. Services has been defined to mean a service of any description which is made available
to potential users and includes the provision of services in connection with business in any
industrial or commercial matter, such as banking, communication, education, finance, insurance,
real estate, transport, storage, material treatment, processing, supply of energy, lodging,
entertainment, construction, repair, conveyance of news and advertising.
Certification Trademarks: Certification trademarks are those that are capable of distinguishing
the goods or services in connection with which it is used in the course of trade and which are
certified by the proprietor with regard to their origin, material, method of manufacture, the
quality or other specific features.
Collective Trademarks: Collective trademarks are registered in the name of groups, associations
or other organizations for the use of members of the group in their commercial activities to
indicate their membership of the group.

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