Posts Tagged ‘software’
Term Of Copyright
Copyright Intellectual Property Copyright is the privilege given to an author for the artistic work, dramatic work and literary work etc. The period of Copyright Intellectual Property is sixty years and the period depends on the nature of intellectual work. The different kinds of Copyright Intellectual Property Copyright are musical, artistic, literary, dramatic, musical, artistic, cinematography film etc.
The table, computer database, instructions expressed falls under the literary work. The recitation (performance/presentation, choreography, semi arrangement, acting falls under dramatic work. Music and graphical notations which does not include words are the musical work. The painting, sculpture, drawing, photograph, engravings, architectural work, and works of artistic craftsmanship are artistic work. Visual recordings in any medium, sound recording accompanying visual recording and video films are cinematography films.
In case of published literary, dramatic, musical and artistic work, other than photograph the term of the copyright is for life time to the author and additionally sixty years from the death of the author. In case, if the work is created by more than one person then the term of the copyright is the life time of all the authors and additionally sixty years from the death of the last author.
In case of literary, dramatic, musical and artistic work, other than photograph which is published anonymously or pseudonymous the term of the copyright is sixty years which is calculated from the first publication date. An Anonymous work is a work which does not have an author’s name where it was kept confidential. A pseudonymous work is a work where the name of the person is given but the given name was false by keeping the original name of the author confidential.
The authors name cannot be undisclosed forever in an Anonymous work or pseudonymous work. Before the expiry of sixty years period from the first date of publication, the authors name will be disclosed. The additional sixty years from the author’s death date will be continued only if the name is disclosed. Either first name or the second name of the author can be disclosed if not all the authors’ name. In case of joint authors, if they all disclose their name, then it will be decided according to the author who dies last.
In case of literary, dramatic, musical and artistic work, other than photograph which is published posthumously, then the term of the copyright is sixty years which will be calculated from the death of author’s death date. A posthumous work is a work which is published after the death of the author.
The work of cinematography films, photograph, and sound recordings, the period of the copyright is sixty years which is counted from the date of first disclosure. Cinema, video film, T. V serial or a documentary etc comes under the cinematography. The above said same period will be calculated for the public undertaking, government work, and works of international organization. The government is the first owner in case of government work, where. In case of public undertaking, public undertaking is the first owner.
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Fee Details For On-line Trademark Search
By visiting the Intellectual property website the trademark search can be done, one can also perform the public search at the website and make the registration and an on-line payment. The trademark search cost is Rs 400/- (Rupees Four Hundred Only) for every specific class.
The link of the trademark intellectual property search is a Public search to know the status of trademark application without payment. Another link of the trademark intellectual property search is a Public search with payment which is made on-line which are maintained by the controller General Patent Designs and Trademark office.
The trademark search can be done with on-line payment which consists of the public registration form which further consists of the following details like user name, user address, user e-mail id, state, the class in which the search is going to be made and the bank through which the on-line payment is going to be made. This process of registration can be done only once.
The Net banking facilities are available for the on-line payment. SBI (State bank of India) and Axis Bank are the two banks which are prescribed to make the on-line payment for the trademark public search. The mode of payment is the bank transfer for another column in the registration. It is essential to fill the whole suitable columns and then on-line payment can be made.
The person will receive the search ID and password through E-Mail after the on-line payment is made. The specified time to conduct the on-line search is fifteen minutes. The process will be automatically logged off after the specified time. . It is necessary to make the relevant searches for all the necessary class within the prescribed time. If the search is not completed within fifteen minutes, the person has to again log in to continue with the search by again making an on-line payment of Rs 400/-. The trademark search gives all the details related to a mark
Looking to find the best deal on Trademark registration in India, then visit www.tmpsearchers.com to find the best advice on Trademark, Patent & Copyright consultancy.
How To Obtain Trademark Registration
Trademark registration is a process to register a mark, sign or a logo. The trademark registration for goods and service can be made in the Trademark Form – I, and Tm Form -II is for a convention country with a prescribed fee of Rs 2,500/- (Two thousand and Five Hundred Only). The trademark Registration for a collective mark is made in Tm Form – 3 with a prescribed fee of Rs 10,000/- (Ten Thousand Only).
The Trademark Registration for Certification of Trademark is made in Form – 4 with a prescribed fee of Rs 10,000/- (Ten Thousand Only). All the above forms i.e., Form 1, 2, 3 and 4 has to be made in triplet and also the representation of the trademark which should be made five in number. The trademark registration should have the Name, Address, State and Country of the proprietor of the Mark. Forms that are not complete will not be considered.
The registration of trademark can be done through on-line by visiting the Intellectual Property website. With the help user id, the applicant can search for the existing trademark name which close resemblance to his mark, logo etc. Rs 400/- is the prescribed fees for trademark search, which can be made in the trademark office or on-line.
Tm Form – 54 is for the trademark search report which can be requested to the registrar by paying the prescribed fee of Rs 500/- . The Search Report will be given according to class mentioned by us. If we have many classes to search then extra amount of Rs 500 /- has to be made. The trademark form includes specific name and service of address for further communication.
The trademark which is applied may be issued for examination, granted, or opposed. By entering the application number, the interested person can view the status of the trademark application. The website is the official intellectual property website. A notice of the action taken by the examiner will be sent through letter by Intellectual Property office to the applicant.
The trademark that is registered can have the symbol (for those who are the proprietor the trademark, it would be unlawful if a person who is not a proprietor uses such symbol) (can be used just to mention that he/she is a proprietor of the trademark, but its not unlawful to use)
The trademark registration can be done with the help of an attorney or a trademark agent. The trademark registration can also be carried out through our website. An effective and easy way of trademark registration can be processed here.
Looking to find the best deal on Trademark registration in India, then visit www.tmpsearchers.com to find the best advice on Trademark, Patent & Copyright consultancy.
Copyright Intellectual Property
Copyright is a form of intellectual property. The concept of intellectual property is the creative work as distinguished from the physical property. The importance of copyright was recognized only after the invention of printing in the 15th century which enabled the reproduction of books in large numbers practicable.
The rule of copyright is
Each person has the privilege to enjoy the arts and share in scientific advancement and its advantages.
Everyone has the right to the protection of the moral and material interests resulting from literary, artistic etc.
Copyright is an abundant rights consisting of bundle of dissimilar rights in a similar work. These Privileges can be licensed either completely or individually. In case of literary work, the privilege of duplicate can be made in hard back and paperback editions etc. The privilege is not only to duplicate the works, but even the privilege to create work from the original works.
The essentiality of Copyright protection is to encourage the use of copyright work for the benefit of the public. Copyright in an idea is not possible as such. But any work once is written down, it is subjected to copyright and none can be allowed to copy it.
Copyright is a privilege given to consequent works. It is not a privilege in novelty of opinion or views. It is based on the privilege of an inventor, artist or composer to prevent another person replication a creative work whether it is a book, tune or picture, which he/ she has invented or created.
Copyright is, a monopoly right like patent right. Copyright is different from patent. It may be possible for two persons independently to produce the same invention. But the inventor who has first made an application for a patent will alone be protected and not the other. In copyright the law is different. If the similarity or even identity is accidental there is no infringement. If two people working independently using identical or similar information produce literary, musical or artistic works which are very similar, each will have a copyright in his work.
The major creative works under the copyright act are literary, cinematograph film dramatic, musical, artistic, and sound recording etc. Tables, computer database, instructions expressed etc come under the literary work. Recitation choreography, semi arrangement, acting etc comes under the dramatic work. Music and graphical notations which does not include words comes under the musical work. Painting, sculpture, drawing, photograph, engravings, architectural work, and works of artistic craftsmanship etc come under the artistic work. Visual recordings in any medium, sound recording accompanying visual recording and video films etc comes under the cinematograph films work.
The copyright term is sixty years and it varies according to the nature of work. Copyright has international protection such as Berne convention, universal copyright convention, World Intellectual Property Organization copyright Treaty, Rome convention, Brussels convention etc.
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Trademark Agent India
A person who gives advice and deals which all the legal aspects of filing a trademark application till the grant of the application, opposition cases etc is called as a trademark agent or an attorney.
The basic qualification to become trademark agent in India is the passing of Trademark Agent Examination conducted by the Controller General of Patents designs and Trademark which take place once in a year.
The eligibility of a person to apply for the trademark agent examination under the Trademark Act 1999, is that he should have completed 21 years, should be a graduate in any university in India or other equal qualification or should have a degree in law
Form TMA-1 given in schedule II of the trademark rules 2002 is for the application for trademark agent examination. The prescribed fee for the application is Rs 1,000 which should be made in triplet and is submitted in the trademark office. The eligible candidates will be called for a written exam and for viva. The examination will be for 150 marks for written exam and 50 marks for viva. The exam will deal with the Trademark Laws and Practice from the Trademark Act and Rules. A person must be well versed in the trademark act and rules to clear the trademark agent examination.
A person will become a trademark agent or an attorney in India if he has cleared the trademark agent examination. The registration of a company, institution, organization’s logo, name or an individual logo or name for their products can be done with the help of a trademark agent. The trademark agent in India has the right to deal with the clients regarding any cases related to their products. The trademark agent can be relied upon by their clients for further proceedings related to the trademark
Want to find out more about trade marks, then visit Ramaswami Natarajan’s site to make a Company Name Registration in India. This article, Trademark Agent India is released under a creative commons attribution licence.
TYPES OF COPYRIGHT
Copyright Intellectual Property consists of many types of creative work. They are Literary works, musical works, artistic works, maps and technical drawings, photograph works etc.
The copyright guards the manifestation of the perception and not the perception alone. The story of a book shall be an expressed in a different way from others by using creative method. It may comprise of words, pictures, colors used in and the method in writing story.
Literary work defines any work which is conversed by means of illustration in the form of book. Software comes under literary work. Software is the collection of computer program and related data which provides the information to the computer. Dramatic work defines the draft of the conversation in the play, music, lyrics, choreography etc.
Musical work also falls under the copyright which includes the written music which does not consist of any words. Song lyrics are protected as a literary work under copyright where the words of the song are protected and the rights are owned by the lyricist. The graphical notation is a written music which will be protected in the literary work. The rights of written music will be owned by the composer of the music. A person who composes music is called as a composer.
Sound recording means who made the sound recording, where and when it was made. The owner of the sound recording is the recording company. The performers should assign its rights to the recording company. They own the copyright sound recording ownership. Permission from Performers is necessary when recording is made of their performance. They are the creators of sound recording and they have moral rights. Performance means performer’s right made by live performers. Performer includes a musician, dancer, entertainer, actor, singer, a person delivering a lecture or any other person who makes a performance.
Architectural designs of any buildings which has an artistic work or design is termed as work of architecture. A sculpture, painting, drawing, photograph, and buildings that posse’s artistic quality is termed as artistic work. In case of photograph, the photographer who takes the photograph will own the copyrights.
A copy of the film produced by any medium can be called as Cinematography film. The producer of any film is a person who takes the steps to produce the work. TV programs, cinema and animation where the rights will rely on the screenplay, the visual images and the sound track all falls under the term Films. Any work available to the public directly or by means of display or through satellite or cable is a means of communication to the public. Broadcast means communication to the public by means of wireless diffusion.
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