TLDR;
Alright, so this session is all about intellectual property rights (IPR) and how to protect your creative work. Neerja Srivastava madam talks about different types of IPR like copyrights, patents, trademarks, and geographical indications (GI). She explains what each one is, how to register them, and shares real-life examples to make it easier to understand. The main takeaway is to be aware of your rights and protect your intellectual property, be it a book, a logo, or an invention.
- Understanding Intellectual Property Rights (IPR)
- Copyrights, Patents, Trademarks, and Geographical Indications (GI)
- Real-life examples and case studies
- Protecting creative work and innovations
Introduction and Welcome [0:00]
Sanjeev Pandey sir, the Assistant Director and Coordinator at MMTTC, welcomes everyone to the online refresher course on research methodology. Tanuka madam introduces Dr. Neerja Srivastava, a professor with over 25 years of experience, who will be leading the session. Dr. Srivastava has supervised numerous PhD scholars, published research papers, and received awards for her work in microbiology and plant science.
Importance of IPR [4:06]
Dr. Srivastava emphasizes that research should not be limited to labs or papers but should be used for national development and innovation. She highlights the importance of understanding IPR tools to protect intellectual property and transfer it to society for the benefit of students. The session aims to clarify the use and registration of copyrights, trademarks, and patents.
What is Intellectual Property? [8:02]
Intellectual property includes any thoughts or ideas that come to mind, regardless of the form. It becomes intellectual property when it is converted into a legal format. This includes poems, new methods, or articles. Protecting intellectual property through legal means, with the help of the government, is known as intellectual property rights.
Types of Intellectual Property Rights [9:14]
Intellectual property rights cover a wide range of things, including trade names, books, art, and music. Music compositions fall under copyrights. Brands, logos, databases, software, machines, and packaging can also be protected. New plant varieties and medicinal plant products can be legally protected through IPR. The main types of IPR are patents, designs, trademarks, plant breeders' rights, copyrights, trade name rights, and database rights.
IPR Tools [11:11]
The main IPR tools are patents, copyrights, trademarks, designs, databases, and trade secrets. It's important to know which tool to use for which product. While patents are a broad topic, copyrights and trademarks are more commonly used. The session will also cover geographical indications (GI). These tools are protected by various laws like the Copyright Act, Trademark Act, and Patent Act.
Copyright Basics [15:18]
Copyright law in India started in 1847, initially giving the author rights for their lifetime plus 70 years after their death to their family. Now, the rule is 60 years after the author's death, after which the work enters the public domain. Amendments in 1994 introduced criminal sections for copyright infringement. A strong copyright act is now in place, but awareness is lacking.
What Copyright Protects [20:22]
Copyright originates with the author and doesn't require novelty or uniqueness. It protects the expression of an idea, not the idea itself. Copyright allows for reproduction, communication, adaptation, translation, and slight variations of the work.
What Copyright Doesn't Cover [23:27]
Copyright does not cover ideas, facts, recipes, names, titles, or short phrases. Ideas are patentable, not copyrightable. Facts cannot be patented or copyrighted.
What Can Be Copyrighted [24:39]
Literary works, including articles, YouTube content, Facebook posts, blogs, and even emails, can be copyrighted. Music, dramatic works, choreographic works, pictures, graphics, sculptures, photographs, motion pictures, audio-visual works, sound recordings, and architectural works are also protected.
Exceptions to Copyright [27:35]
Exceptions include using copyrighted material for research, private study, learning, teaching in classrooms, reviews, and reporting current events. Performances in non-paying venues are also exempt.
Voice and Image Protection [29:34]
Voice protection is a new area in copyright law. Celebrities like Amitabh Bachchan and Aishwarya Rai have sought protection for their voice and image to prevent misuse, especially with AI. It's now illegal to mimic their voices or use their photos in commercial acts without permission.
Copyright Examples and Case Studies [31:44]
Examples include Reliance trying to copyright "Operation Sindoor," and the "Three Idiots" movie where Chetan Bhagat couldn't renegotiate rights after selling them. Another case involved a student who unknowingly used a name similar to Mark Zuckerberg's daughter for a website. A wildlife photographer faced a copyright claim when a monkey took a selfie with his camera.
More Copyright Examples [40:51]
Emami, the company behind Zandu Balm, claimed copyright infringement when the name was used in a Bollywood song. Delhi University had a case where a photocopy shop compiled and sold course materials, leading to legal issues. Kumar Vishwas faced objections for using a poem by Harivansh Rai Bachchan on his YouTube channel without permission.
Copyright and Translation [47:12]
If you translate your own work, the copyright remains with you. Computer programs are also covered under copyright as literary works.
Avoiding Copyright Issues [48:10]
You can copy up to 10% of someone else's work without infringement. When using maps in research, always cite the source. Acknowledge sources, provide references, and seek permission from authors when needed. If no response is received after emailing an author for permission, it can be assumed as approval.
Copyright in Research [51:30]
In research methodology, acknowledge the methods used and their sources. When publishing articles, clearly define the roles of contributors. It is advisable to get copyright registration for research papers.
Q&A on Copyright [55:36]
A question is raised about using someone's name or image if they haven't protected it. The answer is no, you can't use it without their permission. Another question is about choreographing a dance drama. The advice is to mention your role as the choreographer when seeking copyright.
Geographical Indication (GI) [1:03:53]
Geographical Indication (GI) is a right given to a community, not an individual. Examples include Banarasi sarees and Kota sarees. The first GI in India was given to Darjeeling tea. GI tags benefit by providing legal protection, preventing unauthorized use, and increasing economic prosperity.
GI Registration and Benefits [1:10:30]
Associations or groups can register for GI, not individuals. It is valid for 10 years and provides legal protection and economic benefits. Other countries can also register GIs in India. Examples include Scotch whisky from the UK and Champagne from France.
GI Examples and Controversies [1:12:22]
A notable controversy was between Odisha and Bengal over the origin of Rasgulla. Ultimately, both states were granted GI tags for "Odisha Rasgulla" and "Bangali Rasgulla," respectively. The key differences are in pronunciation, spelling, and color.
Trademark Basics [1:15:29]
Trademarks are essential in today's branded world. A trademark can be a diagram, word, or logo. Trademarks provide registration, increase credibility, ensure safety and security, build loyalty, and foster customer faith.
Trademark Act and Types [1:17:57]
The Trademark Act was established in 1940. Trademarks can be signs, designs, expressions, or service marks. Copyright protects the primary right of an individual, while a trademark protects a company's name, product name, and brand name.
Trademark Components [1:18:37]
A trademark can be a symbol, word, or sound. For example, the Airtel ringtone is a recognizable sound trademark. Colors and slogans can also be trademarks. A single product, like a Coca-Cola bottle, can have multiple trademarks, including its name, shape, and color.
Trademark Symbols and Examples [1:19:37]
The symbols TM, R, and S have different meanings in trademarks. The first trademark in India was given to James and Buchanan Company. Examples of trademark infringement include similar-looking bottled water brands and biscuit packaging.
Identifying Fake Products [1:22:24]
To identify fake products, check the spelling, nutrient content, and information on the packaging. Even the Apple logo has evolved over time, so familiarity with the brand's history is important.
Trademark Guessing Game [1:24:45]
A guessing game is played to identify trademarks, such as McDonald's specific burger and french fry packaging. This highlights how trademarks give a unique identity to a company's products.
Trademark and Copyright Differences [1:26:33]
If you change the expression of something you wrote, it remains your copyright. Companies actively protect their trademarks against infringement.
Closing Remarks [1:31:05]
The session concludes with thanks to Neerja madam for the informative lecture.