Areas of Practice In Intellectual Property Law
Copyright is a form of intellectual property protection granted under the Indian Copyright Act 1957, to the creators of original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works The copyright vests in original work in whatever form it may be. Registration of copyright is not mandatory, however, it is advisable to apply for registration of Copyright as the certificate of registration of copyright and the entries made therein serve as a prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
- Copyright searches and copyright clearance prior to filing an application
- Filing for a copyright and registration of copyright
- IP Enforcement activities
- IP Litigation
A. Copyright searches and copyright clearance prior to filing an application
We conduct searches and provide clearance opinions in respect of availability for use and registration of works related to copyright and other related rights is based upon the searches conducted at the Copyrights office and online investigation.
Why is it advisable ?
It determines the existence of copyrights already filed at the Copyright Office Such marks are (i) works similar to the proposed work to be copyrighted. Conducting a clearance search mitigates the chances of future objections from Copyright Office Trademark Registry.
B. Filing for a copyright and registration of copyright
We advise and assist our clients in obtaining copyright registration of their work, including publications, books, softwares, web-designs, music, paintings, databases, and other literary, dramatic, artistic and musical works of Indian as well as foreign origin.We also undertake licensing and Assignment of Copyrights.
Copyright (filing till Registration) Flowchart
Once a copyright application has been filed and a filing receipt has been issued, the copyright application is formally examined by the Copyright office. Defects (if any) are communicated to the applicant. Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate. I may take 6-9 months for the registration of any work in the usual course (assuming no defects or objections have been raised by the Copyright Office.)
C. IP Enforcement Activities
1. We assist and represent our clients in contentious matters involving objections to the registration of copyright or grant of compulsory licenses etc. before Copyright Board.
2. Our enforcement actions related to copyright and related rights also include identifying the acts of infringement, piracy, counterfeiting, phishing, spamming, hacking, infringing content over the internet, and taking suitable actions including sending cease and desist notices, sending notices to cyber-squatters, notices to Internet Service Providers (ISPs).
D. IP Litigation
We strategize court litigation actions for our clients in matters concerning copyright infringement, piracy and cyber-crimes, and assist them in seeking interim orders (including ex-parte ad-interim injunctions) along with other civil and criminal remedies.
We also advise and assist our clients in alternative dispute resolution such as though mediation, arbitration, counselling, negotiations, etc.
Copyright Laws - Rishab Jain,Esha Jain and Apeksha Jain.