Copyright

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Copyright

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

J & P’s Professional Services Include

  • Conducting of search
  • Filing of application
  • Assignment work
  • Registration as registered user
  • Licensing work
  • Amendments in pending or registered application
  • Appearance before registrar in respect to formality objects
  • Appearance before registrar in respect to objection proceedings
  • Filing oppositions.
  • Protection against infringement
  • Defending or filing counter statements in respect to oppositions raised.
  • To file appeal before appellant tribunal
  • To appear before appellant tribunal

Copyright Requirement
General Requirements:-

  • Name, address and nationality of the applicant
  • Name, address and nationality of the author of the work
  • Nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc.
  • Title of the work
  • A declaration signed by the author (if different from the applicant)
  • Language of the work
  • If the work is published, year and country of first publication and name, address and nationality of the publisher
  • Year and countries of subsequent publications, if any
  • Name, address and nationality of any other person authorized to assign or license the rights in the copyright.
  • Power of attorney for the firm
  • three soft copies of the work

1.Artistic Work

  • 2 Copies of work.
  • NOC from author if applicant is different from author.
  • NOC from publisher if work published and publisher is different from applicant.
  • Search Certificate from Trade Mark Office (TM -60) if the work is being used on goods or capable of being used on the goods.
  • NOC from person whose photograph appears on the work.
  • Power of Attorney in original duly signed by the applicant and accepted by the attorney
  • A statement in the form of an affidavit, if the work is capable of being registered under Designs Act.

2.Cinematograph Film

  • 2 Copies of work
  • NOC from various copyright holders or copy of agreement (deed of assignment).
  • NOC from publisher if work published and publisher is different from applicant.
  • Power of Attorney in original duly signed by the applicant and accepted by the attorney.

3.Music

  • 2 Copies of work (Graphical Notes)
  • NOC from publisher if work published and publisher is different from applicant.
  • NOC from author if applicant is other than author.
  • Power of Attorney in original duly signed by the applicant and accepted by the attorney

4.Literary/ Dramatic

  • 2 Copies of work
  • NOC from publisher if applicant is other than publisher and work is published.
  • NOC from author if applicant is other than author.
  • Power of Attorney in original duly signed by the applicant and accepted by the attorney.

5.Sound Recording

  • 2 Copies of work
  • NOC from various copyright holders or copy of agreement (deed of assignment).
  • NOC from publisher if work published and publisher is different from applicant.
  • Power of Attorney in original duly signed by the applicant and accepted by the attorney.

6.Software

  • 2 Copies of work
  • NOC from author if author is different from applicant.
  • NOC from publisher if work is published and publisher is different from applicant.
  • Power of Attorney in original duly signed by the applicant and accepted by the attorney
  • Source code and object code of work for verification
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Jain & Partners is an ace IPR & Corporate law Consultancy firm having immense experience since year 2001 in the area of IPR laws. It provides services to domestic companies or individuals for their overseas investment and also to foreign companies or individuals for their investment in India in all respects that includes Corporate Law, Intellectual Property Law, Foreign Exchange Management Law, Import Export Law and Taxation Law etc.