These are some of the important laws in India which are as follows:

Constitutional Law:

Constitutional Law was framed by Dr. Babasaheb Ambedkar. It is the Longest Constitution in the world & consists of 392 Articles & 8 schedules. It is a federal form. It talks about the separation of powers of the State & Union government, fundamental rights, Directive Principles etc.

Criminal law:

Indian Penal Code, Criminal Procedure Code, Evidence Act, are the Acts included under the Criminal branch of Indian System; it deals with criminal offences & its punishment.

Civil Law:

Civil Procedure Code is the civil law; it deals with civil offences & its punishment.

Intellectual Property Law:

Includes Copyright Act, Trademark Act, Designs Act & many more. Actually it is enacted to protect the property or products which are formed by the creative thinking. It gives various exclusive rights to the owner for a fixed period of time.

Property laws:

Include many Acts which deals with purchase, sale, registration & all the requisite regarding the lands.

Acts like Registration Act, Stamp Duty, Rent Control Act, Transfer of Property Act etc & many more.

Labour Laws:

It includes many laws, these laws are enacted for the protection of the labourers, their rights, about unfair labour practices, various offences & remedies. For example: Factories Act, Industrial Dispute Act, Minimum Wages Act, Standing orders etc & many more.

Family Laws:

There are many laws regulating the marriages, divorce, adoptions & guardianship in India. These Acts are termed as Personal laws, they are enacted by the respective religions practicing in our Country. example:

Hindu Marriage Act, Mohammedan law, Parsi Marriage & Divorce Act, Christian Marriage & Divorce Act, Special Marriage Act.

Contract Act:

It governs contract, execution of contract & effects of breach of contract.

Information Technology Act, 2000:

The Act deals with all the offences that occur on online medium. It provides protection to the users from various hacking, their data to be manipulated from various cyber attacks on the national level, from copyright infringement, trademark infringement, privacy rights etc.

Author : Pradnya Pahurkar [lawyer]

Pre-requisites of TM :

• represents graphically,
• capable of distinguishing the goods/ services of one person from those of others.
• Include shape, packaging & color combination.
• Must be used in relation to goods / service.

A registered TM can be protected against unauthorized use, it’s a statutory remedy.

An unregistered TM can be protected against unauthorized use by others, by an action for passing off which is common law remedy.

Functions of TM :

• identifies the product & its origin,
• grauntees its unchanged quality
• advertises & creates an image for the product.

Good TM :

• Easy to pronounce & remember, to spell correctly ,write legible & short
• Appeal to eye & ear
• Satisfy the requirements of registration
• Should not belong to prohibited class for registration.

Prohibited TM :

• Emblems & Names
• Official signs & Hallmarks
• if deceive public
• if scandalous or obscene
• hurt religious sentiments of any section of the people.

Types :

Generic, Descriptive, Arbitrary, Suggestive, Service, Certification, Collective, Trade dress.

Registration :

• Any person claiming to be proprietor of TM can make an application
• The preliminary advice & search (to check whether the TM is distinct or similar).
• Registrar will examine & if any objections then it shall communicate the same to the applicant.
• Then Applicant can put forward his case either in writing/hearing.
• If accepted, then – published in Trademarks Journal
• If refused – may appeal to the Appellate Board
• If refused on distinctive character, doubtful similarity with other mark, conflict with registered mark then after the use of the mark for some time, he can make a fresh application by making changes but  has to take risk of being sued for infringement by the owner.

Refusal for registration :

• If identical, similar.
• If descriptive.

Term: 10 years, renewed from time to time.

Infringement :

If the registered mark is:              

• Used without authority
• Applying false TM, for selling.
• Marks  identical/ similar to goods/service
• Taking undue advantage registered TM.

No infringement :

If uses with honest practice

Remedies :

• Civil remedies.
• Criminal remedies.
• Forfeiture of the goods.
• cost of defense

Author : Pradnya Pahurkar [lawyer]

Design can be registered of a article which has some shape, configuration, pattern, combination, pattern, ornamentation or composition of lines applied in any form by any industrial process or means but does not include any mode or principle of construction or anything which is in substance a mere a mechanical device but does not include any Trade mark  or artistic work. It must appeal to the eyes.

Piracy :

Infringement of a copyright in design is  Piracy of a registered Design.

According to Designs Act piracy occurs only in registered Designs, which is same as Infringement of Copyright.

Infringement :

• Articles publish or published or exposed for sale by imitation or fraud

• to apply or cause to apply articles by imitation of registered Design

• to import for the purpose of the sale of registered Design article.

How Court determines Infringement :

• The court has to look at the two articles together and also separately, and then have to decide whether the designs of the defendant and the plaintiff is same or not.

• The court has to see whether the design is qualifying all the requirements of the Designs Under the Designs Act, which are as follows:

• registered design is novel, original, not previously published in India.

• Whether it appeal to eye

Copying is not a criterion for determining infringement as in the case of infringement under the Copyright Act.

Independently conceived designs can also be an infringement of the registered design.

Term of Registered Design is of 10 years, can be renewed for 5 years.

Jurisdiction :

District court or High Court.

Burden of proof is on the plaintiff

Defenses :

• denial of infringement
• plaintiff is not entitles to sue
• delays.

Remedies :

Civil Remedies :

• injunction.
• damages or compensation
• delivery -up of infringing articles.

Author : Pradnya Pahurkar [lawyer]

• literary, dramatics, musical & artistic works
• cinematograph film
• Sound recording.

It is the right to copy or reproduce the work in which copyright subsists.

OBJECT : to encourage authors, composers, artists & designers to create original works by rewarding them with exclusive right for a limited period.

It subsist only —-  original work

No registration is required to acquire copyright like other intellectual properties.

NO COPY RIGHT for :

• live events (special rights are given to the performers)
• ideas
• songs (because song is written by one person & music by other person, there are two different COPYRIGHT & cannot be merged with each other.)

TERM :

• During the life time of author plus 60 years
• Joint authorship —- 60 years will start after the death of the author who dies last.
• Anonymous/ Pseudonymous — 60 years from —- year of publication.
• If identification of the author is disclosed before the expiry of the 60 years then the term will extend to 60 years after the death of the author
• Posthumous case the term will start from the year of publication.
• Photograph, films, sound recording, if first owner is Government, International organization —– 60 years from publication

AUTHOR :

• Films: author, owner of the film
• Sound recording: author
• Musical works: composer
• Artistic work: creator of the work

RIGHTS OF COPYRIGHT HOLDER :

• Moral Rights:

decide whether to publish his work or not

claim authorship of a published work

• Economical Rights: to exploit

• Negative Right: to prevent his work from copying.

• Broadcasting Reproduction Right —— term: 25 years from the year of broadcast.

INFRINGEMENT :

• Uses without license
• Distributes or exhibits — trade purpose
• Imports into India any infringing copies of such work

• Production, Publication, Communication, Performance of the work
• Unauthorized recording of live performance — bootlegging.

NO INFRINGEMENT :

• fair deal
• production for judicial purpose
• publication for educational purpose
• making copies for the use of public library

REMEDIES :

• Civil
• Criminal

There are many international conventions which protects the copyrighted work.

COPYRIGHT SOCIETIES — a legal entity to protect the interest of the owners of the work.

ITS FUNCTION :

to grant license for reproduction

to locate instances of infringement.

Author : Pradnya Pahurkar [lawyer]

It is enacted to encourage people with new inventions. The idea behind is to make the inventor to disclose his invention or otherwise he may work it secretly.

It gives bundle of rights in relation to the object created by the owner. It gives proprietary rights & the unauthorized use of it by other person is a violation of his ownership.

The following are considered main Acts under the IPR :

Patents Act, 1970:

It gives exclusive right to the owner of the invention. The invention may be a new product or an improvement of an existing product or a new process of manufacturing. the prerequisites to grant the patent are: novelty , non-obviousness.

Duration : 20 years, after expiry, the details of the product are disclosed for public use.

Trademarks Act, 1999:

It consists of word, name, device or get- up used in relation to particular goods to indicate the source of manufacture or trade origin of the goods.

The rights are granted when it is registered. When unregistered the right to protection of the goodwill provided the owner uses the mark lawfully & if there is any violation of rights then it is termed as Passing Off.

Duration:  20 years.

Copyright Act, 1957:

It relates to original literary, dramatic, musical & artistic works, cinematograph films & sound recordings.

Duration : 60 years.

Know- How & Confidential Information:

The Information can be protected only so long as the owner is able to keep them secret and takes action against unlawful use of such information by others by an action for breach of confidence or contract.

Designs Act, 2000: It relates to the non- functional appearance of a product which appeals solely to the eye.

Duration : 15 years, on expiry anybody can use the design.

Geographical Indications: It identifies the goods as agricultural goods, natural goods or manufactural goods as originating or manufactured in the territory of a country or region or locality.

IPR are enforced by an action for infringement of those rights before a District  or High Court. Criminal prosecution is also possible in trademark and copyright.

It has gained international recognition because of various conventions which not only gives protection in India but also in other conventional countries.

Author : Pradnya Pahurkar [lawyer]