|
|
|
||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||
|
|
||||||||||||||
|
In order to protect the
authors and performers and strengthen enforcement of copyright,
several measures were taken. These include setting up of
Copyright Enforcement Advisory Council, organisation of
seminars/workshops to create greater awareness about copyright
law among the enforcement personnel and general public,
encouraging setting up of collective administration societies,
creation of separate cells in state police headquarters, and
others.
Copyright
Industry India is a large producer
and exporter of copyright materials like computer software,
cinematograph films and music. The major copyright industries
have registered significant growth over the last few years. The
exports of books and other printed materials have grown from Rs.
26 crore in 1986-87 to Rs. 215 crore (estimated) in 1998-99. The
turnover of the computer software industry has grown from Rs. 175 crore in 1987-88 to about Rs. 15,890 crore in 1998-99;
the projection for the year 1999-2000 is Rs. 24,500 crore. The
export of computer software has grown from Rs. 2,520 crore in
1995-96 to Rs. 10,940 crore in 1998-99; the projection for
1999-2000 is Rs. 17,200 crore. India is the largest producer of
cinematograph films, producing over 800 films annually with an
estimated turnover of Rs. 1500 crore. The export earnings of the
film industry in the year 1998-99 were Rs. 400 crore. The annual
sale of domestically produced recorded music (including CDs) was
of the order of Copyright Law Copyright and neighbouring rights are governed by the Copyright Act, 1957 as amended in 1999, the Copyright Rules, 1958 as amended in 1995 and the International Copyright Order, 1999. During the year, the Act was amended and a new International Copyright Order issued. The Act gives the creators of literary, dramatic, musical and artistic works, cinematograph films and sound recordings exclusive rights to reproduce, perform, translate and communicate their works to the public. It also gives broadcasting organisations ‘broadcast reproduction right’ and bestows on performers ‘performer’s right’. The term of ‘protection of performer’s right’ has been extended to 50 years through the Copyright (Amended) Act, 1999. The Act also provides the authors certain moral rights like the right to claim authorship and to restrain or claim damages in respect of any distortion, mutilation etc., of their works. The Copyright Act provides for a Copyright Board to settle copyright disputes, for a Copyright Office for registration of copyright works, and for setting up of copyright societies to do copyright business.
Copyright Office The copyright office was established in 1958 as provided under the Copyright Act,1957 functions under the administrative control of the Department of Secondary and Higher Education.it is headed by a Registrar of Copyrights who holds certain powers of civil courts in handling cases relating to copyright. The main function of the Copyright Office is to undertake registration of copyright. The Registrar of Copyright maintained by the Copyright Office provides information regarding works of copyright to the general public.In addition to registration,facilities like inspection of the Register and taking extracts thereof are also available in the Copyright Office. In the year 2005,more than 12,000 works were registered in the Copyright Office. Enforcement of Copyright In order to strengthen the enforcement of copyright, several measures were taken. These include setting up of Copyright Enforcement Advisory Council, organisation of seminars/workshops to create greater awareness about copyright law among the enforcement personnel and the general public, setting up of collective administration societies and creation of separate cells in state police headquarters. Special Cells for Copyright Enforcement The States and Union Territories of Assam, Goa, Gujarat, Haryana, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Meghalaya, Orissa, Rajasthan, Sikkim, Tamil Nadu, West Bengal, Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli and Daman & Diu have either set up copyright enforcement cells or special cells in the Crime Branch to look after copyright offence cases. Nodal Officers In order to facilitate proper coordination between the industry and the enforcement agencies in the matter of enforcement of copyright laws, the Ministry requested the State Governments to designate nodal officers. The States of Andhra Pradesh, Goa, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Rajasthan, Tripura, Uttar Pradesh and West Bengal and the Union Territories of Chandigarh, Daman & Diu, Lakshadweep and Pondicherry have designated nodal officers. Copyright Enforcement Advisory Council The Copyright Enforcement Advisory Council (CEAC) was set up on November 6, 1991 to review the progress of enforcement of the Copyright Act periodically and to advise the government regarding measures for improving the enforcement of the Act. The term of Copyright Enforcement Advisory Committee is 3 years.The CEAC is reconstituted after perodically after expiry of the term.The current CEAC has been reconstituted on 22nd February,2005 for a period of 3 years. Collective Administration Societies The Copyright (Amendment) Act, 1994 provides for setting up separate Copyright Societies for different categories of works. So far four Copyright Societies have been registered: one each for cinematograph films (Society for Copyright Regulation of Indian Producers of Films and Television, SCRIPT), musical works (Indian Performing Right Society Limited, IPRS) and sound recordings (Phonographic Performance Limited, PPL) and the last one recently established is the Indian Reprographic Rights Organization (IRRO) for books/literature/artistic photocopy rights. These societies have been actively participating in generating awareness about Copyright and IPR issues.They also have set up their own Anti Piracy Cells which in collaboration with Police/Enforcement authorities have been actively engaged in curbing piracy in musical/sound recording works.Department of Secondary and Higher Education interacts frequently with these Copyright Societies and encourages them to be proactive in the field of Copyright Administration. Scheme of Intellectual Property Education, Research and Public OutreachThe Scheme of Intellectual Property Education,Research and Public Outreach was operationalized in Tenth Five Year Plan Period by a physical merging of three Plan schemes namely,(I) Scheme of Organizing Seminars and Workshops on Copyright Matters and Scheme for Financial Assistance for Intellectual Property Rights Studies and (iii) Financial Assistance on WTO Studies as the all schemes are co-related to each other and for effective implementation of the cause of promoting awareness/research on Copyright/IPRs and WTO matters.Under the Scheme,financial assistance is provided to UGC recognised universities,institutions affiliated to those universities,educational institutions,Copyright Societies and Registered voluntary organizations for creating general awareness by way of organizing seminars and workshops on Copyright matters and carrying out activities on IPR related matters.The amount spent during the last three years under both the schemes along with expenditure incurred till December,2005 are as under:
Participation in World Intellectual Property Organisation (WIPO) meetings India is a member of the World Intellectual Property Organisation (WIPO), a specialised agency of the United Nations which deals with copyright and other intellectual property rights, and plays an important role in all its deliberations. The delegations from india participated in the following WIPO meetings under the auspices of the Ministry of Human Resource Development: i) Thirteenth Session of the Standing Committees of Coyright and Related Rights held in Geneva from November 21 to 23, 2005. ii) 8th Inter-Governmental
Committee on Intelluctual Property and Genetic Resources Traditional Knowledge
and Folklore held in Geneva iv) Second Intersessional Intergovernmental meeting on Development Agenda held in Geneva from June 20 to 22, 2005. v) Third Session of Intersessional Intergovernmental Meeting on Development Agenda in Geneva from July 20 to 22, 2005. vi) 11th Session of the Standing Committee on the Law of Patents held in Geneva from June 20 to 22, 2005. vii) Regional Consultations for the Asian Region on the Treaty for protection of rights of Broadcasting Organisations, July 27 to 29, 2005 at Manila,Philippines. National Seminars on Copyrights India organized the following International Seminars i) WIPO National Symposium on Intellectual Property Eduaction, Training and Research held in New Delhi from August 17 to 18, 2005. ii) WIPO and National Institute of Educational Planning and Administrative (NIEPA) WIPO Seminar on Collective Management of Copyright in the Digital Era,Trends,Problems and Prospects held in New Delhi from September 12 to 14, 2005. Training in Copyright Officials of the
Department of Secondary Education and Higher Education dealing
with copyright and related rights at different levels, were
deputed to participate in the following training course in
copyright: IPR Chairs In addition to the six IPR Chairs set up et the University of Allahabad, University of Delhi, University of Pune, University of Madras, National Law School of Indian University, Bangalore and Cochin University of Science and Technology, Cochin to promote teaching and research in Intellectual Property Rights Studies , ten new chairs were set up for the same purpose at: i) On IP Management. 1. Indian Institute of Management, Allahabad. 2. Indian Institute of Management, Kolkata. 3. Indian Institute of Management, Bangalore. ii) In areas of IPRs pertaining to patents, trademarks, industrial designs and geographical indicators. 4. Indian Institute of Technology, Delhi 5. Indian Institute of Technology, Kharagpur 6. Indian Institute of Technology, Chennai 7. Indian Institute of Technology, Mumbai 8. Indian Institute of Technology, Kanpur iii) Intellectual Property Rights and Development. 9. Delhi School of Economics, University of Delhi. 10. Centre for Economic Studies and Planning, Jawahawar Lal Nehru University. The Division is currently engaging the institutions in detailed discussions on operationalising the chairs at the earliest. |
||||||||||||||
|
|||||||||||||||||||
|
|||||||||||||||||||
|
|||||||||||||||||||
|
|
|