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The Relevant Provisions And Case Laws Dealing With Protection Of Shape Of Goods As A Copyright In

What Does Mean By Copyright:

The copy right means the right provided to the authors/originators/creators of different kinds of works, as enumerated in the Copyright Act. The right of authors/originators/creators includes the right of reproducing, communicating to the public etc. The most important feature of Copyright Law is that it protects the presentation of the ideas in tangible form, and not the idea itself.

Object Of Copyright:

The Copyright Act was enacted in order to encourage the originality, creativity of the writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software and to discourage the unlawful production thereof by any other person, without permission, consent and leave of owner of copyright. The basic object of Copyright Act to create conducive atmosphere in order to encourage the creativity.

Benifit Of Copyright:

There are many benefit of owner/holder of a copyright. As afore mentioned , the copyright provides the owner of a copyright to use the same exclusively (viz: to reproduce, perform, record, broadcast, or translate or adapt the works or authorize other to do these thing for a valuable consideration) . The details of few of the benefits of the copyright in general, have been given here in below:
  1. Reproducing the work
  2. Issuing the copies of the work to the public
  3. Performing the work in public
  4. Communicating the work to the public.
  5. Making the cinematograph film or sound recording in respect of the work
  6. Making any translation or the adaptation of the work.

Kinds Of Copyright:

Section 2(y) of the Copyright Act 1957, provides the different categories of work.
2.(y) "work" means any of the following works namely:
  1. a literary dramatic musical or artistic work;
  2. a cinematograph film;
  3. a record;
The copyright Act provides for different kind of work which may be subject matter of protection under the copyright Law in India. Viz: literary work, dramatic work, musical work, artistic works, cinematograph films, sound recording etc.

Work In Which Copyright Subsists:

Section 13 of the Copyright Act 1957 provides for various kings of work in which Copyright subsists.

These works are of following kinds:
  1. original, literary work
  2. Original Dramatic Work
  3. Original Musical Work
  4. Original Artistic Work
  5. Original Cinematograph Works etc.

Meaning Of Copyright For Dramatic Work/Artistic Work/Musical Work:

Section 14 (a) (i) to 14(a) (vii) of the Copyright Right Act 1957 provides following rights to the Author/Originator in relation to Dramatic work/Literary work/musical work.
  1. Reproduce the work
  2. Present the work in the public
  3. Perform the work in public
  4. Publish the work in public
  5. Include the work in any cinematograph film
  6. Translate the work in any language.

Meaning Of Copyright For Cinematographic Work:

Section 14 (f) (i) to 14(g) (i) (ii) of the Copyright Right Act 1957 provides following rights to the Author/Originator in relation to Cinematic work.
  1. Make the copy of the work
  2. Sell or offer for sale the work
  3. Present the work to the public.

Copyright Infrigement:

Section 51 of the Copyright Act 1957 provides for the conditions when the Copyright is deemed to have been infringed.

Broadly it means , when ever a person does any thing in contravention to the exclusive rights provided by this Act to the author, without his consent, then he is guilty of Copyright Infringement.

Civil Remedy For Copyright Infrigement:

Section 55 of the Copyright Act 1957 provides for the remedy available to the author in cases of copyright infringement.

Copyright Act 1957 provides the right to the author of copyright to institute the suit seeking the injunction and damages against the copyright infringement.

Criminal Remedy For Copyright Infringment:

Section 63 of the Copyright Act 1957 provides for the provision of punishment in cases of copyright infringement.

The offence under this provision is punishable with imprisonment for a term which shall not be less than six months but which may extended to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.

Enhanced Punishment For Repeated Offender:

Section 63A of the Copyright Act 1957 provides for the provision in cases of repeated infringement.

The offence under this provision is punishable with imprisonment for a term which shall not be less than one year but which may extended to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.

Law Relating To Industrial Drawing:

Section 2 (c) of the Copyright Act 1957 provides the meaning of Artistic Work.

2. Interpretation
In this Act unless the context otherwise requires:
(c) artistic work means:
  1. a painting a sculpture a drawing (including a diagram map, chart or plan) an engraving or a photograph whether or not any such work possesses artistic quality
  2. an architectural work of art; and
  3. any other work of artistic craftsmanship;
From the definition clause of the Copyright Act, 1957, industrial drawing is artistic work as defined under the provisions of Section 2(c) (i) of the Copyright Act 1957.

From The Combined Readings Of The Section 2(C) And Section 14 (D) And 14 (E) Copyright Act 1957, Following Picture Emerges:

  1. Industrial Drawing is artistic Work within the meaning of Copyright Act.
  2. By virtue of provisions of Section 14 of the Copyright Act 1957, the author of drawing have rights to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work,

Where 3 Dimensional Models Have Been Made From The Drawings And Another Person Has Prepared The Drawings From The 3 Dimensional Model And Then Prepared The 3 Dimensional Objects Then He Is Guilty Of Infringement Of Copyright In The Said Drawing.

1999 PTC (19) 36 (Del)- Escorts Construction Equipment Versus Action Construction.

1999 PTC (19) 369 DB- Action Construction Equipment Limited Versus Escorts Action.

1997 (17) PTC 178 (Del) (DB)- Classic Electronics Vs Puneet Industrial.

1997 (17) PTC 178 (Del) (DB)- Classic Electronics Vs Puneet Industrial.

Written By: Ajay Amitabh Suman,
Advocate: Honíble High Court Of Delhi

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