Copyright infringement and when does it apply

Copyright infringement and when does it apply

Subject :Polity

Section: Legislation in news

Context: The Delhi High Court has issued summons to an Instagram account called People of India , in a copyright infringement suit filed by the storytelling platform Humans of Bombay.

What is Copyright and its Infringement:

• “Copyright” refers to the right given by the law to creators of literary, dramatic, musical, and artistic works and producers of cinematograph films and sound recordings.
• It is a bundle of rights that includes rights of reproduction, communication to the public, adaptation, and translation of a work.
• The Copyright Act 1957 aims to safeguard creative works, which are considered to be the creator’s intellectual property (IP).
• A copyrighted work will be considered “infringed” only if a substantial part is made use of without authorisation.
• In cases of infringement, the copyright owner can take legal action against any person who infringes on or violates their copyright and is entitled to remedies such as injunctions, damages, etc.

What is Passing Off:

• Passing-off is a form of unfair trade competition, involving one party trying to gain from another’s established reputation in a trade or business through deception.
• To assert a ‘passing off’ claim, evidence of deception, misrepresentation, or harm to the mark owner’s goodwill and reputation is essential.
• For e.g If a brand logo is intentionally altered in a way that’s not immediately noticeable to consumers, it doesn’t require identical products for infringement. Instead, it hinges on proving similarity in the rival traders’ goods, as established in the Cadila Healthcare vs. Cadila Pharmaceuticals (2001) case. 

What is Intellectual Property (IP):

• IP refers to creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce.
• IP is protected in law enabling people to earn recognition or financial benefit from what they invent or create.
• By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

What are the different types of Intellectual Property (IP):

•  Copyright, Patents, Trademarks, Industrial designs, Geographical indications (GI) and Trade secrets.

What are various Governing regulations:

• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement, which establishes minimum standards for the regulation by national governments of different forms of IP.
• IP rights in India are governed under the The Trade Marks Act 1999, The Patents Act 1970 (amended in 2005), The Copyright Act 1957, The Designs Act 2000, The GI of Goods (Registration and Protection) Act 1999, etc.