Copyright Protection on Internet

Topics: Copyright, Intellectual property, Berne Convention for the Protection of Literary and Artistic Works Pages: 27 (9657 words) Published: October 25, 2009
{text:bookmark-start} INTRODUCTION {text:bookmark-end} {text:bookmark-start} 1.1 About Intellectual Property [1] {text:bookmark-end} It is not material wants that seek ownership, but the ideas, skills and moral aspirations need equal protection. It refers to creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Intellectual property is divided into two categories:

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs, in short the digital or non-digital forms of information. The World Intellectual Property Organization (WIPO) has been established to promote the use and protection of works of the human spirit. These works - intellectual property - are expanding the bounds of science and technology and enriching the world of the arts. WIPO plays an important role in enhancing the quality and enjoyment of life, as well as creating real wealth for nations. Intellectual Property is one of the most important aspects of the WTO regime and it has far reaching implications. Agreement of Trade Related Intellectual Property Rights - better known as TRIP's- to which India is a signatory, is an integral part of WTO and it will have an enormous impact on Indian business and trade partnerships. Accordingly, India has complied its obligations by amending the existing legislation with respect to IPRs. It is a welcome sign to note that, in India, though late, awareness about the intellectual property rights is on the increase. Globalization and the rapid proliferation of technology have elevated the importance of intellectual property protection for small and medium sized enterprises (SMEs). The intangible nature of intellectual property and the worldwide inconsistency of standard practices create challenges for those businesses wishing to protect their inventions, brands, and business methods in foreign markets. The three most common vehicles for protecting intellectual property are patents, trademarks, and copyrights. In the era of knowledge age or information age, the fundamental unit of most products and services is information -- in one or another form. The n-number of websites, virtual enterprises and virtual products, all rest upon the cornerstone of 'information': in digital or non-digital form. In several cases such information is of proprietary nature, i.e., it has unique value deriving from usage, research, development, design, etc. Hence, the investment in that information product, knowledge product or the virtual product must be protected to encourage other similar initiatives. The initial investment is of critical importance given that replicates of such products could be created with relative ease and without incurring a large expense. How difficult or expensive is it to download a copy of the software program code once it is created? With increasing worldwide access to electronic distribution, the damage caused by piracy to content producers may completely destroy the value built in their intellectual property. The same context is valid in the case of companies who have earned consumer recognition for their brand names and trademarks. A recognized brand name or trade mark represents the goodwill that has been built into the product or service. Consumers tend to associate the recognized brand name or trade...

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