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Topics - advRanjithRajagopal

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1. No sooner did the injured admit in the hospital or produce before a doctor, history of the incident should be taken and that general medical examination must be done including detailed description of injuries necessary investigation must be done.

2. Margins, directions and other features should be noted and clinical investigation like X-ray findings, if necessary, must be added.

3. A photograph of the wound/injury with a measuring scale placed by its side can also be added to the injury report/wound certificate.

4. Proper treatment should also be given at the same time. If the victim/injured is about to die, his dying declaration should be taken and his signature and LTI must be taken. The declaration sheet must also be signed by the duty doctor.

5. If there is a sufficient time to call the magistrate, medical intimation must be sent to the nearest Magistrate for recording dying declaration, incase of the injured is about to die.

Rome Convention - Protection of Performers, Producers of Phonograms / Broadcasting Organisations (1961)

The Convention secures protection in performances of performers, phonograms of producers of phonograms and broadcasts of broadcasting organizations

(1) Performers (actors, singers, musicians, dancers and other persons who perform literary or artistic works) are protected against certain acts they have not consented to. Such acts are: the broadcasting and the communication to the public of their live performance; the fixation of their live performance; the reproduction of such a fixation if the original fixation was made without their consent or if the reproduction is made for purposes different from those for which they gave their consent.

(2) Producers of phonograms enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms. Phonograms are defined in the Rome Convention as meaning any exclusively aural fixation of sounds of a performance or of other sounds. When a phonogram published for commercial purposes gives rise to secondary uses (such as broadcasting or communication to the public in any form), a single equitable remuneration must be paid by the user to the performers, or to the producers of phonograms, or to both; contracting States are free, however, not to apply this rule or to limit its application.

(3) Broadcasting organizations enjoy the right to authorize or prohibit certain acts, namely: the rebroadcasting of their broadcasts; the fixation of their broadcasts; the reproduction of such fixations; the communication to the public of their television broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.

The Rome Convention allows exceptions in national laws to the above-mentioned rights as regards private use, use of short excerpts in connection with the reporting of current events, ephemeral fixation by a broadcasting organization by means of its own facilities and for its own broadcasts, use solely for the purpose of teaching or scientific research and in any other cases—except for compulsory licenses that would be incompatible with the Berne Convention—where the national law provides exceptions to copyright in literary and artistic works. Furthermore, once a performer has consented to the incorporation of his performance in a visual or audiovisual fixation, the provisions on performers’ rights have no further application.

Protection must last at least until the end of a period of 20 years computed from the end of the year in which:

(a) the fixation was made, for phonograms and for performances incorporated therein;
(b) the performance took place, for performances not incorporated in phonograms;
(c) the broadcast took place, for broadcasts. (However, national laws ever more frequently provide for a 50-year term of protection, at least for phonograms and for performances.)

WIPO is responsible, jointly with the ILO and UNESCO, for the administration of the Rome Convention. These three organizations constitute the Secretariat of the Intergovernmental Committee set up under the Convention and consisting of the representatives of 12 Contracting States.

The Convention does not provide for the institution of a Union or a budget. It establishes an Intergovernmental Committee composed of Contracting States, that considers questions concerning the Convention.

This Convention is open to States party to the Berne Convention for the Protection of Literary and Artistic Works (1886) or to the Universal Copyright Convention. Instruments of ratification or accession must be deposited with the Secretary-General of the United Nations. States may make reservations with regard to the application of certain provisions.

Patent laws / International Copyright Law
« on: September 06, 2013, 03:29:11 AM »
India is party to various international agreements, including:

# The Agreement on the Trade-Related Aspects of Intellectual Property Rights (the  TRIPS Agreement (Annex 1C to the Agreement Establishing the  World Trade Organisation (WTO) 1994);

#  The Berne Convention for the Protection of Literary and Artistic Works 1928 (Rome Act revision);

# The Universal Copyright Convention 1952.

Whilst India is not a member of the  Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations 1961, we are a de facto member of the  Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms 1971 which went a little further than the Rome Convention to address the issue of "record piracy". Article 9 of the TRIPS Agreement (now the leading international convention in relation to performers, phonograms and broadcasters), incorporates Articles 1-21 of the 1971 revision.

Patent laws / List of things than can be patented?
« on: September 06, 2013, 03:16:48 AM »
The scope of inventions that can be patented is large and the following list is by no means exhaustive:

# a new product
# a new process of manufacturing
# an improvement to an existing product or process
# a new method or process relating to the testing or control of an existing manufacturing process
# new chemical compounds or compositions
# biotechnological matter
# electrical devices and circuits
# a second pharmaceutical use for a known chemical compound or composition
# improvements in computer technology

Copyright laws in India / Performers' rights in regards to copyright
« on: September 06, 2013, 03:12:35 AM »
Performers' rights are a type of intellectual property right known as a "neighbouring" or "related" right as they neighbour or are related to copyright (but arise independently from any copyright that may exist in the work itself that is the subject of a performance).

Performers' rights are provided for in Part IX of the  Act. The Act provides performers with certain limited rights to control the exploitation of their performances where they have not given consent to that exploitation. Protected performances are defined in the Act by reference to the traditional categories of works protected by copyright, including dramatic performances, musical performances, readings and recitations of literary works and performances of a variety act.

Performances by students or staff of an educational establishment; news reading or other information delivery; sporting activities; and participation in a performance by members of an audience are excluded.

Performers' rights are infringed if a performance, or a substantial part of a performance, is exploited without the performer's consent. The Act distinguishes between the exploitation of "live performances" and performances that have been embodied in audio-visual media such as sound recording and films. A number of acts constitute infringement of a performer's rights in live performances including the recording, broadcast or inclusion in a cable programme of a live performance. A performer's rights are also infringed when a recording of a performance that has been made without the performer's consent is broadcast, shown, played, copied, imported or sold.

Performers' rights arise in respect of each performance. The first owner of a performance is always the individual performer. There is no concept of group ownership in the Act and members of a group do not have collective rights in a group's performance.

There is no provision for the assignment of performers' rights. In practice, producers require performers to consent to the exploitation of their performances. Where consent is obtained, a producer will be in much the same position as he or she would have been if a performer had transferred those rights by assignment.

The term of protection provided to performers is fifty years from the end of the calendar year in which the performance takes place.

Copyright laws in India / What is Moral rights in regards to copyright
« on: September 06, 2013, 03:11:56 AM »
Authors and directors have certain "moral rights" in addition to the economic rights provided under the  Act.  These rights include:

# The right to be identified as the author of a work (the right of attribution);
# The right to object to derogatory treatment of the work (the right of integrity); and
# The right not to have a work falsely attributed to them.
Moral rights cannot be assigned to another person except upon the death of the author.

Copyright laws in India / What rights do copyright owners get?
« on: September 06, 2013, 03:09:45 AM »
Copyright owners have exclusive rights in relation to their work to:

# Right to copy - reproduce, scan, record, download and store
# Right to issue copies to the public – publish or distribute
# Right to perform, play or show the work in public
# Right to communicate their work to the public including radio and television broadcasts and internet webcasts
# Right to adapt including translating the work from one language to another

Copyright laws in India / What does copyright protect?
« on: September 06, 2013, 03:07:38 AM »
To qualify, the work has to be original and fall into one or more of the following categories:

# literary works including text like emails, training manuals, novels and song lyrics; tables and compilations including multimedia works, and computer programs
#dramatic works including dance, mime and film scenarios or scripts
#musical works including the score and sheet music
#artistic works including paintings, drawings, diagrams, maps, models, photographs and sculptures
#sound recordings separate to the actual music or story
#films for any genre or format, separate from the underlying script, music or broadcast
#communication works including radio and television broadcasts and internet webcasts
#typographical arrangements of published editions covering the layout of the edition derived from a complete or partial literary, dramatic or musical work.

A registered Mark is not sufficient to guarantee complete legal protection.

a mark such as "AMUL" is non descriptive and has grown over time with popular product and success of the business such a mark is strongest and has complete legal protection.

where as a mark such as "Free Travel India" is highly descriptive and is part of the English dictionary, hence even if it is Trademarked registered, its value in the court decision will be questionable. such marks are best avoided as they can never attain distinctiveness because every person in the world has a right over them as well. They cannot be monopolized

Indian Trademark office is a corrupt office as par the recent reports on news papers of officials getting arrested and 44k files missing.

so use you common sense before selecting your Trademark make sure your mark has distinctiveness and is a coined mark or word

Trademark laws / Trademarks that cannot be registered
« on: September 05, 2013, 04:16:40 AM »
The kinds of marks that the Trademarks Act does not permit you to register include the following:

# names and surnames;
# clearly descriptive marks;
# deceptively misdescriptive marks;
# words that denote a geographical location commonly known to be the place of origin of # such goods or services;
# words or designs that are considered confusing with a previously registered trade-mark or # pending trade-mark; and
# words or designs that nearly resemble a prohibited mark.

Trademark laws / steps to obtain a trademark registration in India
« on: September 05, 2013, 04:00:05 AM »
Trade-mark registration usually involves:

# filing of your application
# examination of your application
# publishing of your application in the Trademarks Journal
# a waiting period to allow for oppositions, if any, to your application
# allowance of your application (if there is no opposition or if any opposition raised is decided in your favour) and
# registration of your trademark.

Trademark laws / why register a Trademark
« on: September 05, 2013, 03:57:27 AM »
That is because it Protect your trade mark

A trade-mark registration provides prima facie evidence of ownership. In a dispute, the registered owner does not have to prove ownership; the onus is on the challenger.

Trademark laws / what is the purpose of a Trademark
« on: September 05, 2013, 03:56:15 AM »
Gives You an  identity in the marketplace

Original, distinct, unique. It's all about standing out.

Your trade mark helps your customers distinguish your products and services from others in the marketplace.

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