In terms of creativity, the world is our oyster for inspiration. However, there is a limit on the extent and scope of what one could use to create and innovate owing to statutory safeguards vested with creators of intellectual properties. For instance, Copyrights Act, 1957 and Patents Act, 1970 confer exclusive rights to the creators or inventors in their works and any unauthorized use thereof is liable to be punished for infringement. As a result, most creators or inventors resort to what is available for common use in the public domain (viz. the commons).

It may be argued that ‘Labour Theory’ propounded by John Locke (viz. recognition of fruit borne as a result of one’s own labour) when examined with reference to Intellectual Property Rights, may act as a basis for granting exclusive rights in intellectual property.

To truly innovate create and develop, however, one requires access to resources. Public domain merely helps level the field in terms of access to material to legally create and innovate. Some of the prominent proponents of the concept of public domain are – ‘Copyleft’, a movement which allows free grant of the right to distribute and utilize intellectual property and ‘Creative Commons’, a nonprofit organization which enables knowledge sharing and creativity through a standardized way of granting copyright permissions for creative works such that creators/innovators are allowed to copy, distribute, and make use of others’ works.

Public domain, thus, should be seen as an important resource and also be expanded often as it helps in boosting creativity. It is imperative that a balance be created between monopoly of rights over creations/inventions and the availability of the same to further innovation.

Another recurring argument against the concept of public domain is that easy and free access of intellectual property works would diminish the value thereof like a free plot of land which would eventually lose its value when it is made available for all animals to graze upon. However, the author reiterates that free access to more works shall only boost creativity and foster inventions to cater to the modern sensibilities, tastes and desires. For instance, sampling of music is a common practice in the music industry, where pieces of sound recordings from existing works are incorporated in a new work. Beethoven’s ‘Symphony 5’ is a piece which is often covered in different genres, yet the author believes there is no loss of appeal in the original work and rather, the work only gains a wide outreach for generations and could still be termed relevant.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

A bill titled ‘The Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021’ (“the Bill”) was introduced in the Legislative Assembly of the State of Tamil Nadu in February, 2021. The main objective of the said bill is to ban wagering or betting in cyber space by amending the Tamil Nadu Gaming Act, 1930 (“the Act”) and extending its application throughout the state. Keeping that objective in mind the bill introduces new sections to substitute certain existing sections in the Act and also prescribes the punishment for wagering or betting in cyberspace.

Section 2 is substituted to extend the application of the Act to the whole state of Tamil Nadu. Further, Section 3 is substituted to introduce certain definitions in the Act. It defines gaming to include any game which involves wagering or betting either in person or in cyberspace. However, it does not include a lottery.

Moreover, no person shall wager or bet in cyberspace and play games like Rummy, poker or any other games by using computers, computer resources or any other instrument of gaming. Also, no person shall either facilitate or organize any such wager or bet in cyberspace. It also prescribes the punishment if any person is found indulging in any of the above-mentioned activities. The Bill states that any person who wagers or bets or facilitates or organizes such wager or bet, shall be punished with imprisonment not exceeding two years or with fine of upto ten thousand rupees or with both.

Further, the Bill also inserts Section 13-B in the Act. It provides that if an offence is committed by a company under this Act, every person who was in charge of the business of the company, as well as the company at the time of the offence being committed, shall be deemed to be guilty of the offence committed and shall be held liable. However, if any such person in-charge proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence, shall not be held liable for such offence. Also, where an offence under this Act has been committed by a company and it can be proved that such offence has been committed with the consent of the director, manager or any other officer, or such offence can be attributable to any neglect of the director, manager or any other officer, such officer shall be deemed guilty of the offence.

The introduced bill can be accessed at: http://www.stationeryprinting.tn.gov.in/extraordinary/2021/63_Ex_IV_1_E.pdf.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, on March 30, 2021 notified The Copyright (Amendment) Rules, 2021 which amends the Copyright Rules, 2013 to introduce certain changes in the administration of Copyright Law in India.

The Amendment introduces measures to digitize the whole process of functioning of the Copyright Office. A Copyright Journal has been introduced to be maintained at the Official Website of the Copyright Office which would replace the Official Gazette. Moreover, applications for license can also be served through electronic means, in addition to registered post, to the owner of the Copyright. Electronic mode of payment has also been introduced.

Changes have also been introduced for administration of Copyright Societies under the Act. The period of registration of Copyright Societies by the Central Government has been increased from 60 days to 180 days. A new Annual Transparency Report has been introduced through the Amendment. An annual transparency report needs to be maintained and published by the Copyright Societies for each financial year, within 6 months following the end of that financial year on their website for at least 3 years. A list of particulars that needs to be there in the report is also mentioned in the Amendment.

Further, the Amendments also aim to bring about transparency in the management of royalties collected and distributed by the Copyright Societies. The Copyright Societies shall need to establish a traceable electronic system of payment for collection and distribution of royalties. Undistributed royalties in lieu of non identification or traceability of the owner of Copyright is required to be kept in a separate account of the Copyright Society and make all possible efforts to locate such owners. The undistributed fund would need to be transferred to the welfare fund upon expiry of 3 years, if the owner could not be traced. The Code of Conduct rules for Copyright Societies has also been revised to require every society to additionally update a searchable database of Society’s repertoire, Annual Transparency report and the details of undistributed royalties.

New provisions have been made to substantially reduce the compliance requirement for the registration of a Computer Programme. Now, the applicant can file at least first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions. Chapter XVI dealing with ‘Importation of Infringing Copies’ has been omitted along with other relevant amendments to forms and schedules.

The notified Amendment Rules can be accessed at:

https://copyright.gov.in/Documents/Notification/Copyright-Rules_Amendment_2021.pdf

The Department of Electronics and Information Technology released the ‘Framework and Guidelines for Use of Social Media for Government Organizations’ in February 2021. The main objective of the Framework is to encourage and enable government agencies to make proper use of social media platforms for communication with the general public. To fulfil this objective, the guidelines elaborate upon the platforms available for interaction, rules of engagement with the public and manner of interaction.

For the creation of a social media account, the Framework recommended that the same name be used for social media accounts across the spectrum. The maintenance of an official record of the IDs and passwords of these accounts is also suggested. To engage with the general public, the Framework proposes the usage of either an official account or the private accounts of government officials for posting official responses. However, it would have to be ascertained whether the response is in an official or personal capacity.

The responsiveness factor stipulated in the Framework indicates the frequency in which the content would be updated, the manner of posting the content and the turnaround time of responses. The scope of responses ought to be stated as far as possible. The Framework considers some factors which a government agency should keep in mind while developing a response policy- keeping the posts crisp and concise, the government official identifying themselves while not disclosing confidential information etc. The congruence between traditional media and social media has been reiterated throughout the Framework.

The Framework outlines the nature of content posted on the social media platforms. It was suggested that the content posted on the platforms be available in a myriad of Indian languages and not be limited to text itself. In the event that the content posted is not exclusively by the governmental agency, the content has to be moderated. The moderation policy should include points with respect to copyright infringement as well as rights to addition and deletion by the agency. Record management of the content is a relevant factor mentioned in the Framework.

Under the Framework, government agencies have to consider certain caveats while following the recommendations made, such as the creation and operation of the social media accounts in an official capacity, dedication of a speedy-response team and the adherence with the provisions of the Information Technology Act, 2000 and the Right to Information Act, 2005.

The Framework can be accessed at :
https://www.meity.gov.in/writereaddata/files/Approved%20Social%20Media%20Framework
%20and%20Guidelines%20_2_.pdf

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

The Patents and Designs Protection Act of 1872 was established to protect industrial designs. The amended rules were formally notified on January 25, 2021.

To begin with prior to the amendment, the Design Rules allowed for a design classification based on the Locarno Classification’s 10th Edition. With the amendment, designs in India will now be identified according to the Locarno Classification’s current edition. There are 32 classes and 237 subclasses in the most recent version of the Classification. As a result of the amendment, the Design Rules are to be modified to include class 32, which previously included only 31 classes.

The Amendment Rules have also introduced the section of Section 2(eb) defining a “start-up” as “an entity in India recognised as a start-up by the competent authority under Start up India initiative” . The Amendment Rules also enable foreign companies to assert the status of startups if they meet the criteria: “for turnover and period of incorporation or registration as per Start-up India Initiative and submitting declaration to that effect” Further, The Reserve Bank of India’s reference rates for foreign currency shall be used to measure the turnover requirements, according to the clarification attached to clause (eb).

Another amendment concerns the address for service of documents as mentioned in Rule 4 of the previous rules, prior to the amendment of January 25th 2021.The proviso to Rule 4 is replaced by Rule 3 of the amending laws, which allows mobile numbers registered in India to be used as a sufficient mode of service of documents. The next amendment involves the award of cost by the Controller. In proceedings before the Controller, Rule 43 of the Principal Rules requires the Controller to grant fair costs. Such expenses must be in accordance with the amount and matters specified in the fourth schedule of the unaltered rules. Rule 9 of the amended rules substitutes the fourth schedule with a schedule that incorporates the costs allowable in proceedings for start-ups.

The final amendments involve the registration of fees and modification of schedules. The fees payable with regard to registration of designs and associated matters is specified in the First Schedule of the unamended rules. As per the previous Design Rules, , the appropriate fees payable depended upon the type of entity , the applicant was identified as. Now , as per the amended rules, all natural persons, small entities recognized under the MSME Act, and startups will receive rebates of up to 50% or more for fees payable for various applications and claims under the First Schedule under the revised Design Rules.

The notified rules can be accessed at: https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs__amendment___Rules__2021.pdf

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP