India Inde Indien. Report Q182. in the name of the Indian Group. Database protection at national and international level
|
|
- Hugo Burke
- 7 years ago
- Views:
Transcription
1 India Inde Indien Report Q182 in the name of the Indian Group Database protection at national and international level Questions 1. Analysis of Current Legal Situation 1.1 Legislation Is there any legislation in your country dealing specifically with databases? If so, please describe it. There is no legislation in India dealing specifically with databases although the word itself appears in the Copyright Act, 1957 and the Information Technology Act, Definition of Database Is there any definition of the term database in your country s legislation or case law? If so, does it extend both to electronic and non-electronic databases? The closest definition of the term database is found in Section 43 Explanation (ii) of the Information Technology Act, 2000 which defines computer database to mean a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalized manner or have been produced by a computer, computer system or computer network and are intended for use in a computer, computer system or computer network. This definition appears to extend only to electronic databases. Section 2 (k) of the Information Technology Act, 2000 defines a computer resource to mean a computer, computer system, computer network, data, computer database or software. Section 2 (o) of the Copyright Act 1957 defines a literary work to include computer programmes, tables and compilations including computer databases. This definition appears to include even non-electronic databases. 1.3 Copyright Protection of Databases Subject Matter Does your country s law provide for copyright protection of compilations? If so, does it only cover collections of literary and artistic works or does it also cover compilations of data or material other than literary and artistic works? Indian copyright law provides for copyright protection of compilations as literary works, but does not stipulate the content of a compilation. Since the definition of a literary work includes computer databases, which under the Information Technology Act, 2000 includes audio and video, it may be argued that the electronic databases may comprise of collections that are not restricted to only literary and artistic works. 1
2 1.3.2 Criteria of Protection If your country s law provides for copyright protection of compilations is the protection limited to compilations which by reason of the selection or arrangement of their contents constitute intellectual creations? Are there any supplementary criteria to selection and arrangement? What is the level of originality required for a compilation to be considered a work? Does hard work in gathering data, known alternatively as sweat of the brow, qualify a compilation as original? The Copyright Act, 1957 does not limit protection only to compilations which by reason of the selection or arrangement of their contents constitute intellectual creations. It does not mandate supplementary criteria to selection and arrangement. The level of originality for a compilation to be considered a work, and the sweat of the brow in gathering data have been the subject of some cases before the Indian Courts. It is pertinent to mention that India itself being a commonwealth country follows the sweat of the brow doctrine. In Burlington Home Shopping v Rajnish Chibber, 1995 PTC (15) 278 cases it was held that a compilation of addresses developed by any one by devoting time, money, labour and skill though the source may be commonly situated amounts to a literary work wherein the author has a copyright. In the recent decision of Eastern Book Company v Navin J. Desai, 2002 (25) PTC 641 (Del) (DB), a doubt has been cast on whether the sweat of the brow doctrine would continue to hold sway. The case involved a database of copy-edited judgments along with head-notes published by the Plaintiff on CD-ROM, which it alleged, the Defendant had copied. The Plaintiff/ Appellant had argued that it had expended great skill in the collection, selection and correction of judgments. The Court did not give any finding on the aspect of protecting the copyright in the collection and selection of judgments. It however relied on Section 52 (1) (q) (iv) of the Copyright Act, 1957 which states that it is not an infringement of copyright to reproduce or publish judgments of Courts. The Court held and stated that by merely correcting such judgments, the Plaintiff was not able to establish that such judgments had become original literary works which would take them out of the realm of the public domain. It would seem therefore that by implication, the Court rejected the claim that the database of judgments collected and selected by the Plaintiff was not copyrightable as a compilation or computer database. This conclusion may however be erroneous, and may not be an authority of all types of compilations. The matter is presently in appeal before the Supreme Court of India Scope of Protection What is the scope of copyright protection of a compilation? To which extent can a compilation be copied without infringing the copyright in the compilation? Section 13 of the Copyright Act, 1957 affords copyright protection to original literary works, which include compilations. Section 14 specifies the exclusive rights that subsist in a literary work, being, inter alia, the right to reproduce or store it, to issue copies to the public, to perform or communicate it to the public, to make a translation or adaptation etc. The term of copyright is specified in Section 22 of the Act, and lasts for 60 years from the beginning of the year following the death of the author. The author of a computer-generated work (compilation) is the person who causes the work to be created (Section 2 (d) (vi)). The extent to which a compilation may be copied without infringing the copyright in the compilation requires judicial guidance. 2
3 1.4 Sui generis Protection of Databases System of Protection and Subject Matter Does your country s law provide for sui generis protection of compilations of data such as databases? If so, is registration of the database required to secure sui generis protection? Does your country s sui generis system only cover databases which do not meet the criterion of originality or is there cumulative sui generis protection also for original databases protected by copyright? India does not have a sui generis protection for compilations of data such as databases Criteria of Protection If your country s law provides for sui generis protection of databases what are the criteria of protection? If substantial investment is one of the criteria of protection, what is the level of investment required for an investment to be considered substantial? Rights granted and Scope of Protection If your country s law provides for sui generis protection of databases what are the rights granted to the database maker? If extraction and re-utilisation are covered by any right, how are these notions defined? What is the scope of the sui generis protection? If substantial part is relevant in determining the scope of protection, how is this concept defined? Limitations and Exceptions If your country s law provides for sui generis protection of databases are there any limitations or exceptions? If so, what are they (e.g. private use, scientific research, education, public security, government purposes)? Are there any compulsory licensing provisions under your country s sui generis protection regime? Duration of Protection How long is the duration of the sui generis protection? 1.5 Possible Alternatives for a sui generis System Unfair Competition Law Does your country have a law of unfair competition? If so, does it have a role in the protection of databases? If so, to what extent? While India recognizes a common law right against unfair competition, it is yet to be seen the extent to which unfair competition can have a role in the protection of databases. In the matter of Eastern Book Company v. Navin J. Desai, 2002 (25) PTC 641 (Del) (DB) (referred to above), the Plaintiff had in fact founded its suit on claims of copyright infringement and unfair competition against the defendants Other Means of Protection Does your country provide for any other means of protecting databases? If so, in which legal areas and by which mechanisms (e.g. contract law)? Trade secrecy law can provide a form of protection for databases. In the matter of Burlington Home Shopping v Rajnish Chibber, 1995 PTC (15) 278 (referred to above), a case involving the misappropriation of a database of customers by an ex-employee, Justice Lahoti 3
4 referred to and relied on various commentaries on trade secrets which state that customer lists are protected as trade secrets. While there appears to be no case-law on the subject, it is possible to protect a database under contract law. However this may not be enforced against a party outside the contract. With the advent of online databases, it is possible to make the end-user agree to the contractual obligations as deemed fit by the database provider. Thus if the end-user infringes any of the obligations stipulated in the contract, it could amount to breach of contract under The Indian Contract Act, Under Section 43 (b) of the Information Technology Act, 2000 even insubstantial amounts of information are protected. In fact mere data has also been extended protection against unauthorized downloading, copying or extraction. There is no therefore no stipulation that at least a substantial amount of the work should be downloaded, copied or extracted. A person who damages a computer database is liable to pay up to Rs. 1,00,00,000/- (approx. USD 220,000/-) under Section 43 (d) of the Information Technology Act, It is pertinent to mention that not only is there no requirement under the Information Technology Act, 2000 for the databases to be original but also, the Act does not contain any fair dealing exceptions to infringement as provided in the Copyright Act Technological means may also be employed to protect databases and in this regard the Drafting Committee set up by the Core Group on Amendment to the Copyright Act, 1957 is proposing amendments for the protection of technological measures. 2. Proposals for Adoption of Uniform Rules 2.1 Legislation Should legislation be enacted to deal specifically with databases? If so, should national legislation be enacted or is there a need for an international treaty on the protection of databases? While the Indian legal regime provides some modes of protection for databases, it is not fully adequate to cater to the emerging database industry. It is therefore recommended that a national legislation be enacted to deal specifically with unoriginal databases. The principles applicable to the protection of databases ought to be harmonized in the form of an international treaty. 2.2 Definition of Database If you think that legislation should be enacted to deal specifically with databases what should the definition of database be? Should it extend to both electronic and non-electronic databases? The definition of database as appearing in Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases could be incorporated into the Copyright Act. It should include both electronic and non-electronic databases. 2.3 Copyright Protection of Databases Do you think that copyright protection should be granted to databases? If so, what should the criteria of protection be? Do you think that the level of originality required for a database to be copyrightable should be low, so that sweat of the brow databases qualify as copyrightable? What should the scope of copyright protection be? Copyright protection should be, and is granted to databases under Indian law. While Indian Courts have earlier upheld the sweat of the brow doctrine, the recent case of the Delhi High Court has cast doubts on its applicability to a compilation of pure facts or information. It may be argued that the judgment in question only answered the question of whether a 4
5 copy-edited judgment could be removed from the public domain and did not decide on the sweat of the brow doctrine at all. Copyright protection could extend to databases which evidence the author s intellectual input through selection or arrangement. The threshold for protection under a sui generis system ought to be sweat of the brow as this necessarily entails investment of both time and effort. 2.4 Sui generis Protection of Databases System of Protection and Subject Matter Do you think that sui generis legislation should be enacted to protect databases? If so, should there be a registration system to secure sui generis protection? Should the sui generis system only cover un-original databases or should there be the possibility to obtain cumulative sui generis protection also for original databases protected by copyright? It is recommended that a sui generis legislation be enacted to deal specifically with unoriginal databases. Registration should not be made mandatory for securing such protection, but the onus should be on the database author to prove the date of creation and the investment of time and effort in the creation of the database. The sui generis legislation ought to be confined only to unoriginal databases. Rule 15 of the Copyright Rules currently provides for registration of compilations and computer databases, although registration is not a prerequisite for copyright protection in India Criteria of Protection If you think that sui generis legislation should be enacted to protect databases, what should be the criteria of protection? If you think substantial investment should be one of the criteria of protection what should be the level of investment required for an investment to be considered substantial? A database ought to be protected if there is substantial investment of time or money in creating it. The substantiality of the time or expenditure may be decided through case law Rights granted and Scope of protection What rights should be granted to the database maker? If you think that extraction and reutilisation should be covered by the rights to be granted how should these notions be defined? If you think that substantial part should be relevant in determining the scope of protection, how should this concept be defined? The database maker must have the right to prevent unlicensed extraction and reutilization, and the definition of these notions may be akin to that found in Directive 96/9/EC referred to above. Section 14 of the Copyright Act specifies the exclusive rights that subsist in a database, being, inter alia, the right to reproduce or store it, to issue copies to the public, to make a translation or adaptation etc. The right of rental which is covered by re-utilization is not specifically covered and it is therefore recommended that this right of re-utilization be extended to copyrightable databases as well. It can be left up to case law to determine what a substantial part of a database is Limitations and Exceptions Should limitations or exceptions be granted? If so, which ones (e.g. private use, scientific research, education, public security, government purposes)? Should there be any compulsory licensing provisions? There ought to be some limitations on the exercise of rights over a database. Under the Copyright Act, a defence of fair dealing for the purpose of inter alia, private use, research, 5
6 criticism, review, reporting current events in newspapers and magazines, has already been provided. Reproduction for the purpose of judicial proceedings or a report of a judicial proceeding, by a teacher or pupil in the course of instruction, or for use of a library (3 copies only), if unavailable in India, is also allowed. The sui generis legislation may provide exceptions for private use, academic research and instruction, public security and administrative or judicial use. Compulsory licensing provisions may also be made applicable to certain databases if required in the public interest. For example a compulsory license may be issued to translate a database into regional languages Duration of Protection How long should the sui generis protection be? The protection for unoriginal databases ought to be fixed between a period of years. Furthermore, even if the database is substantially modified or altered by way of substantial investment, the protection of the original database must come to an end at the end of the 10 or 15 year period, so that the original database falls into public domain. Only the substantial alterations may qualify for a fresh term of protection, and not the complete database as a whole Assessment of existing sui generis systems If your country already provides for sui generis protection of databases, do you think the system should be revised? If so, why and in what ways? Not applicable as India does not have a sui generis system of protection for databases. 2.5 Possible Alternatives for a sui generis system If your country does not have unfair competition rules or if your country s unfair competition law does not have a role in the protection of databases do you think your law should be changed, so as to provide database protection on the basis of unfair competition law? Should there be any other means of protecting databases which your country does not offer or not fully take into account? If so, which ones? India, till the recent Delhi High Court decision, provided protection even to mere compilations such as customer lists under Copyright Law. This case may be distinguished in subsequent cases, and it could be argued that the Copyright Act does provide protection to compilations of mere facts or information. In such a case, there may not be an acute requirement for a sui generis legislation. Indian law also provides for the owner of a database to be protected against damage to its database under Section 43 (d) of the Information Technology Act, Under Section 43 (b), the Act also gives protection against unauthorized downloading, copying or extraction of mere data. Protection may also be availed of under principles of trade secrecy, contract and unfair competition, although the latter two principles are yet to be judicially tested. It is recommended that enhanced penalties may be imposed for infringing database rights. 6
JUAN CARLOS I KING OF SPAIN
19814 LAW 37/2007 of 16 November 2007 on the re-use of public sector information JUAN CARLOS I KING OF SPAIN To all who see and understand this document. Be it known: That the Spanish Parliament has approved
More informationSINO-RUSSIAN BUSINESS: FIVE TIPS ON RUSSIAN INTELLECTUAL PROPERTY LAW
SINO-RUSSIAN BUSINESS: FIVE TIPS ON RUSSIAN INTELLECTUAL PROPERTY LAW Emerging trade relations give rise to various concerns, and in today s world the legal aspects of intellectual property are growing
More informationReverse Engineering: what is it?
Copyright, Decompilation of Computer Programs and Competition Law Noam Shemtov n.shemtov@qmul.ac.uk Queen Mary Reverse Engineering: what is it? A fair and honest means of starting with a known product
More informationYearbook. Building IP value in the 21st century. Taking a ride on the Birthday Train. KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas
Published by Yearbook 2016 Building IP value in the 21st century Taking a ride on the Birthday Train KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas KUHNEN & WACKER Intellectual Property
More information10. Frequently asked questions concerning copyright issues
10. Frequently asked questions concerning copyright issues 10.1 What is protected under the Copyright Act? Literary (whether in written, printed or digital form), musical and artistic works, cinematograph
More informationDIRECTIVES. DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs
L 111/16 Official Journal of the European Union 5.5.2009 DIRECTIVES DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs (Codified
More informationNewsletters & Copyright
INFORMATION SHEET G044v11 December 2014 Newsletters & Copyright In this information sheet, we give a brief overview of copyright law as it relates to the use and creation of newsletters. If you work for
More informationPUBLIC COU CIL OF THE EUROPEA U IO. Brussels, 30 June 2005 (05.07) (OR. fr) 10748/05 LIMITE JUR 291 JUSTCIV 130 CODEC 579
Conseil UE COU CIL OF THE EUROPEA U IO Brussels, 30 June 2005 (05.07) (OR. fr) PUBLIC 10748/05 LIMITE 291 JUSTCIV 130 CODEC 579 OPI IO OF THE LEGAL SERVICE Subject : Proposal for a Regulation of the European
More informationVijay Pal Dalmia, Advocate Delhi High Court & Supreme Court of India
Intellectual Property & Information Technology Laws Division Flat No 903, Indra Prakash Building, 21, Barakhamba Road, New Delhi 110001 (India) Phone: +91 11 42492532 (Direct) Phone: +91 11 42492525 Ext
More informationFRANCHISING IN INDIA
FRANCHISING IN INDIA Introduction Although in a nascent stage, franchising is gaining popularity in the retail segment in India, more particularly in the areas of food products and drinks, restaurant chains,
More informationASSOCIATION OF CANADIAN COMMUNITY COLLEGES SUBMISSION TO THE LEGISLATIVE COMMITTEE ON BILL C-32
ASSOCIATION OF CANADIAN COMMUNITY COLLEGES SUBMISSION TO THE LEGISLATIVE COMMITTEE ON BILL C-32 January 31, 2011 Association of Canadian Community Colleges 200 1223 Michael Street North Ottawa, Ontario
More informationWorld Book. Protection of IP France. www.plg.eu.com 1. TRADE MARKS 1.1 INTRODUCTION
World Book 1. TRADE MARKS 1.1 INTRODUCTION In, trade marks are protected by Book VII of the French Intellectual Property Code (the Code), the provisions of which were modified by the Act n 91-7 of January
More informationJoint Recommendation Concerning Provisions on the Protection of Well-Known Marks. adopted by
833(E) Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of
More informationUCO Copyright Compliance Starting Point for Al Copyright Concerns: 1. Is the work Copyrighted? 2. Is the class traditional or Online?
UCO Copyright Compliance As members of the UCO community, all faculty and staff members are expected to comply with federal copyright law. Unauthorized use of copyrighted material is illegal and may result
More informationJUDGMENT OF THE COURT (Grand Chamber) 2 May 2012 (*)
JUDGMENT OF THE COURT (Grand Chamber) 2 May 2012 (*) (Intellectual property Directive 91/250/EEC Legal protection of computer programs Articles 1(2) and 5(3) Scope of protection Creation directly or via
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 9.12.2015 COM(2015) 627 final 2015/0284 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ensuring the cross-border portability of online content
More informationAccessing and Licensing Government Data under Open Access Conditions
The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still
More information1.1 Overview Japanese copyright law grants exclusive rights to authors of literary, scientific,
Louise Stoupe Chie Yakura Morrison & Foerster LLP/Ito & Mitomi Japan is a civil law country with relatively developed internet-related intellectual property laws. The Japanese regulatory regime generally
More informationECJ Upholds Swedish Rules on Taxation of Beer, Wine by Tom O'Shea
ECJ Upholds Swedish Rules on Taxation of Beer, Wine by Tom O'Shea The European Court of Justice on April 8 issued its judgment in European Commission v. Sweden (C-167/05), ruling that Sweden's tax treatment
More informationPublic Access to Information and Secrecy Act. Information concerning public access to information and secrecy legislation, etc
0101010101010101010101010101010101 1010101010101010101010101010101010 0101010101010101010101010101010101 1010101010101010101010101010101010 0101010101010101010101010101010101 1010101010101010101010101010101010
More informationIN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2714 OF 2009. The Commissioner of Income Tax 20 Vs.
1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2714 OF 2009 The Commissioner of Income Tax 20..Appellant. Vs. M/s.B.N. Exports..Respondent.... Ms Suchitra Kamble for the Appellant.
More informationPUBLISHING GREY LITERATURE IN ON-LINE REPOSITORY: COPYRIGHT LAW PERSPECTIVE
PUBLISHING GREY LITERATURE IN ON-LINE REPOSITORY: COPYRIGHT LAW PERSPECTIVE JAROMÍR ŠAVELKA, MICHAL KOŠČÍK jaromir.savelka@law.muni.cz, michalkoscik@gmail.com Institute of Law and Technology, Masaryk University,
More informationReports or Connecticut Appellate Reports, the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationPersonal Data Act (1998:204);
Personal Data Act (1998:204); issued 29 April 1998. Be it enacted as follows. General provisions Purpose of this Act Section 1 The purpose of this Act is to protect people against the violation of their
More informationINTELLECTUAL PROPERTY RIGHTS
INTELLECTUAL PROPERTY RIGHTS A.Ram Kumar Advocate High Court of Andhra Pradesh Intellectual Property Rights & Information Technology (Copyright ) Inscription on the copula in WIPO HQ Human genius is the
More informationHSC: All My Own Work. Copyright. Introduction. Module Outline
HSC: All My Own Work Copyright Introduction This module explains copyright and its relevance to students. The Board of Studies NSW gratefully acknowledges permission to quote from and paraphrase information
More informationSupported by. World Trademark Review. Anti-counterfeiting. Poland. Contributing firm Patpol Patent & Trademark Attorneys.
Supported by World Trademark Review Anti-counterfeiting 2012 Poland Contributing firm A Global Guide Poland Contributing firm Authors Jaromir Piwowar and Bartek Kochlewski Legal framework Rights holders
More informationEDUCATION ISSUES IN BILL C- 32 Submission to Canadian Parliament Canadian School Boards Association December 2010
EDUCATION ISSUES IN BILL C- 32 Submission to Canadian Parliament Canadian School Boards Association December 2010 2 Table of Contents 1. INTRODUCTION... 3 2. EDUCATION ISSUES IN BILL C- 32... 3 3. EDUCATIONAL
More informationhttp://curia.eu.int/jurisp/cgi-bin/gettext.pl?lang=en&num=79948890t19030275&doc...
Page 1 of 7 IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice. JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber) 9 November 2005 (*) (Community
More informationSYLLABUS FOR THREE MONTHS INSTITUTIONAL TRAINING OF EXAMINERS OF PATENTS & DESIGNS
SYLLABUS FOR THREE MONTHS INSTITUTIONAL TRAINING OF EXAMINERS OF PATENTS & DESIGNS INDEX Module Duration Page No.. Introduction to the Intellectual Property Rights. week 7 Day Role of IP in business and
More informationWIPO LIST OF NEUTRALS BIOGRAPHICAL DATA. Telephone: +91 11 2332 0670 Fax: +91 11 2332 0592 E-mail: vinod330@gmail.com
WIPO ARBITRATION AND MEDIATION CENTER WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA Vinod K. AGARWAL Universal Advisory Services M-104, Dharma Apartments 2, 1.P. Extension, Patparganj Delhi 110 092 India Telephone:
More informationASIAN PATENT ATTORNEYS ASSOCIATION
ASIAN PATENT ATTORNEYS ASSOCIATION 59 th Council Meeting Makati City, Philippines 12-15 November 2011 COUNTRY REPORT FROM THE RECOGNISED GROUP OF INDIA Hari Subramaniam & Prathiba M Singh As in the previous
More informationProvince of Alberta DEFAMATION ACT. Revised Statutes of Alberta 2000 Chapter D-7. Current as of November 1, 2010. Office Consolidation
Province of Alberta DEFAMATION ACT Revised Statutes of Alberta 2000 Current as of November 1, 2010 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza
More informationEXECUTIVE ORDER (Language Services in the Courts)
SUPREME COURT No. 2012-05 EXECUTIVE ORDER (Language Services in the Courts) Pursuant to the authority granted to the Chief Justice of the Rhode Island Supreme Court by 8-15-2 of the Rhode Island General
More informationMaterial that may be used without obtaining permission:
Copyright Circular 2: fair use guidelines and examples This document provides guidelines on copyright issues for faculty, staff, and students who wish to create digital course or research materials. Understanding
More informationTABLE OF CONTENTS. Foreword The Unidroit Governing Council Members of the Study Goup Executive Summary
TABLE OF CONTENTS Foreword The Unidroit Governing Council Members of the Study Goup Executive Summary INTRODUCTION v xix xxi xxiii xxix CHAPTER 1 FUNDAMENTAL CONCEPTS AND ELEMENTS 1 A. Master Franchise
More informationIP ENFORCEMENT IN INDIA
IP ENFORCEMENT IN INDIA Changes in the Trade Marks Law Includes service marks; Strong protection to well known and famous trade marks Infringement redefined to include use of a registered trade mark
More informationThe Libel and Slander Act
1 c. L-14 The Libel and Slander Act being Chapter L-14 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1980-81, c.21; 1984-85-86,
More informationFact Sheet Intellectual Property considerations for business websites
European IPR Helpdesk Fact Sheet Intellectual Property considerations for business websites The European IPR Helpdesk is managed by the European Commission s Executive Agency for Small and Medium-sized
More informationTHE INTELLECTUAL PROPERTY LAW AND THE INTERNET
THE INTELLECTUAL PROPERTY LAW AND THE INTERNET Whenever you open a newspaper or a magazine, you are bombarded with articles singing the praises of the Internet, the super highway. For the technophobiacs
More informationWebsites & Copyright. INFORMATION SHEET G057v12 April 2014. info@copyright.org.au www.copyright.org.au
INFORMATION SHEET G057v12 April 2014 Websites & Copyright This information sheet is for web developers, bloggers, website designers, startups, businesses and anyone interested in copyright issues relevant
More informationTHE EUROPEAN UNION AND FRANCHISING
THE EUROPEAN UNION AND FRANCHISING (A) HISTORY The European Union has to date limited its activities in relation to franchising to the field of competition law. (i) Pronuptia The examination of franchising
More informationProvince of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
More informationSources of International Law: An Introduction. Professor Christopher Greenwood
Sources of International Law: An Introduction by Professor Christopher Greenwood 1. Introduction Where does international law come from and how is it made? These are more difficult questions than one might
More informationCopyright Law An Introduction
Copyright Law An Introduction The following pages outline some basic facts about copyright law and answer various questions, such as 'how long does copyright last?' 'When does infringement occur?'... and
More informationPhilippines Philippines Philippinen. Report Q173. in the name of the Philippine Group
Philippines Philippines Philippinen Report Q173 in the name of the Philippine Group Issues of co-existence of trademarks and domain names: public versus private international registration systems 1. Analysis
More informationOPINION OF ADVOCATE GENERAL BOT delivered on 29 November 2011 1. Case C-406/10. SAS Institute Inc. v World Programming Ltd
OPINION OF ADVOCATE GENERAL BOT delivered on 29 November 2011 1 Case C-406/10 SAS Institute Inc. v World Programming Ltd (Reference for a preliminary ruling from the High Court of Justice of England and
More information****************************************************** The officially released date that appears near the beginning of each opinion is the date the
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
More informationThe Court of Protection Rules 2007
STATUTORY INSTRUMENTS 2007 No. 1744 (L. 12) MENTAL CAPACITY, ENGLAND AND WALES The Court of Protection Rules 2007 Made - - - - - 25th June 2007 Laid before Parliament 4th July 2007 Coming into force -
More informationEmployment Law Commission IBLC Sports Law Sub-commission. London, 2015. National Report of India Ramesh K. Vaidyanathan
How to protect the employer s interests after the termination of employment contracts aspects of labour law in general Commission(s) in charge of the Session/Workshop: Employment Law Commission IBLC Sports
More informationEUROITCOUNSEL QUESTIONNAIRE ON INTERNET AND E-MAIL MONITORING RESTRICTIONS ACROSS EUROPE SPAIN
EUROITCOUNSEL QUESTIONNAIRE ON INTERNET AND E-MAIL MONITORING RESTRICTIONS ACROSS EUROPE Factual background SPAIN 1. Is it usual for employers to provide a corporate e-mail account to their employees?
More informationTerms and Conditions
Below are the first 5 pages of our 11-page attorney-drafted WEBSITE AND BLOG TERMS AND CONDITIONS AGREEMENT (TERMS OF USE) Most terms of use agreements being offered on the Internet are only 3-5 pages
More informationWorld Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS
World Book 1. TRADE-MARKS 1.1 INTRODUCTION The Act relating to trade-marks and unfair competition (commonly known as the Trade-marks Act) governs trade-mark matters in and, as a federal law, receives application
More informationJUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber) 5 December 2002 (1)
1/6 IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice. JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber) 5 December 2002 (1) (Community trade
More informationTHE PRIVATE SECURITY SERVICE BILL (No. VI of 2004) Explanatory Memorandum
THE PRIVATE SECURITY SERVICE BILL (No. VI of 2004) Explanatory Memorandum The object of this Bill is to provide for the licensing of private security services, the registration of security guards, the
More informationCouncil of Europe: European Court of Human Rights and the Parot Doctrine
Council of Europe: European Court of Human Rights and the Parot Doctrine March 2014 The Law Library of Congress, Global Legal Research Center (202) 707-6462 (phone) (866) 550-0442 (fax) law@loc.gov http://www.law.gov
More informationDefinitions. Broker means Veda Advantage Information Systems and Solutions Limited;
Definitions Authorised Purposes means: (a) dealings with interests in land authorised by Law; or (b) a purpose directly related to such dealing provided that the purpose is not contrary to any Law; or
More informationCopyright Protects The Code Of A Computer Program Not Its Functionality Or The Ideas Underlying The Software
Copyright Protects The Code Of A Computer Program Not Its Functionality Or The Ideas Underlying The Software Ron Moscona Intellectual Property Litigation May 15, 2012 Attorney Articles According to the
More informationCommonwealth of Kentucky Court of Appeals
RENDERED: MAY 14, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000282-MR AND NO. 2009-CA-000334-MR BRIAN G. SULLIVAN APPELLANT/CROSS-APPELLEE APPEAL AND CROSS-APPEAL
More informationThe Copyright and Innovation Consultation in Adobe Systems Inc.
Adobe Systems Incorporated Response to the Copyright and Innovation Consultation paper for the Department of Jobs, Enterprise and Innovation About Adobe Systems Incorporated Adobe is the global leader
More informationHundred and seventy-fourth session DIRECTIVES CONCERNING THE USE OF THE NAME, ACRONYM, LOGO AND INTERNET DOMAIN NAMES OF UNESCO SUMMARY
ex United Nations Educational, Scientific and Cultural Organization Executive Board Hundred and seventy-fourth session 174 EX/32 PARIS, 3 March 2006 Original: French/English Item 32 of the provisional
More informationLAW OF GEORGIA ON THE HIGH SCHOOL OF JUSTICE
LAW OF GEORGIA ON THE HIGH SCHOOL OF JUSTICE Chapter I General Provisions Article 1 Status, purpose and functions of the High School of Justice 1. The High School of Justice ('the School'), as a Legal
More informationProtecting Your Ideas: An Introduction to Intellectual Property Rights. By Sasha G. Rao and Andrew J. Koning
Protecting Your Ideas: An Introduction to Intellectual Property Rights By Sasha G. Rao and Andrew J. Koning You have an idea. Something that s going to revolutionize the industry. You re excited, but before
More informationIntellectual Property. Litigation and. Enforcement PATENT, TRADEMARK COPYRIGHT. 360 IPR Management and IPR Audit
A Corporate, Tax and Business Advisory Law irm IP & IT Division Intellectual Property Litigation and Enforcement 360 IPR Management and IPR Audit PATENT, TRADEMARK COPYRIGHT THE IRM Vaish Associates is
More informationExecutive summary and overview of the national report for Denmark
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
More informationCCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE
Représentant les avocats d Europe Representing Europe s lawyers CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION DIRECTIVE CCBE RECOMMENDATIONS FOR THE IMPLEMENTATION OF THE DATA RETENTION
More informationCopyright in information technology and marketing on the Internet
Copyright in information technology and marketing on the Internet by Peter Danowsky Alexandra Persson TABLE OF CONTENTS 2 1 WHAT IS COPYRIGHT? 2 THE LEGAL FRAMEWORK 2.1 International regulations 2.2 EC
More informationFrequently asked questions. FP7 Financial Guide
Frequently asked questions FP7 Financial Guide Budgetary matters Eligible costs of a project What are the criteria for determining whether the costs of a project are eligible? First of all, costs must
More informationPolicy for Reproducing, or Translating and Reproducing, Publications of the International Federation of Accountants
Policy Statement May 2015 International Federation of Accountants Policy for Reproducing, or Translating and Reproducing, Publications of the International Federation of Accountants This document was developed
More informationThe Libel and Slander Act
c. 69 1 The Libel and Slander Act being Chapter 69 of The Revised Statutes of Saskatchewan, 1930 (effective February 1, 1931). NOTE: This consolidation is not official. Amendments have been incorporated
More informationNos. 2 09 1120, 2 10 0146, 2 10 0781 cons. Order filed February 18, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT
Order filed February 18, 2011 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). IN
More informationTHE PRINCIPLE OF SUBSIDIARITY
THE PRINCIPLE OF SUBSIDIARITY In areas which do not fall within the Union s exclusive competence, the principle of subsidiarity, laid down in the Treaty on European Union, defines the circumstances in
More informationTechnological Requirements of the TEACH Act
Introduction Technological Requirements of the TEACH Act The President signed the Technology, Education and Copyright Harmonization Act (TEACH) on November 2, 2002. TEACH amends the copyright law by expanding
More informationH o w t o W r i t e a J u d g e m e n t
H o w t o W r i t e a J u d g e m e n t A) Function of a Judgement: Being the final result of a legal procedure a judgement shall provide a balanced conflict solution. An ideal judgement enables both conflict
More informationInternational Patent Litigation and Jurisdiction. Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws
International Patent Litigation and Jurisdiction Study of Hypothetical Question 1 Under the Hague Draft Convention and Japanese Laws Yoshio Kumakura Attorney at Law Nakamura & Partners 1 The 1999 Draft
More informationAn Introduction to the Legal Issues Surrounding Open Source Software
An Introduction to the Legal Issues Surrounding Open Source Software By Daliah Saper Saper Law Offices, LLC 505 N. LaSalle, Suite #350 Chicago, IL 60654 http://www.saperlaw.com Open Source Software Open
More informationMEMORANDUM ON COPYRIGHT LAW AND COMPLIANCE
MEMORANDUM ON COPYRIGHT LAW AND COMPLIANCE As educators, authors and creators of copyrightable works, members of the University community have a duty to respect the copyright interests of third parties.
More informationTHE FUTURE OF COPYRIGHT IN INDIA A Special reference to software piracy, its challenges and proposal for reform
2011 International Conference on Software and Computer Applications IPCSIT vol.9 (2011) (2011) IACSIT Press, Singapore THE FUTURE OF COPYRIGHT IN INDIA A Special reference to software piracy, its challenges
More informationFact Sheet Intellectual Property considerations for business websites
European IPR Helpdesk Fact Sheet Intellectual Property considerations for business websites July 2015 1 1. What elements of your website can be protected by intellectual property law?... 2 2. How to protect
More informationThe US Supreme Court s Aereo decision online television streaming, the Optus TV Now decision and cloud computing
The US Supreme Court s Aereo decision online television streaming, the Optus TV Now decision and cloud computing Anna Spies KING & WOOD MALLESONS Key points The decision of the Supreme Court of the United
More informationpurchased and is using the Products including the online classroom ("Customer" or "You") and the individuals accessing the Products ("End Users").
End User License Agreement 1. PARTIES This Agreement is by and between KM NETWORK SDN. BHD ( 719624 T), a registered company in Malaysia, Address: 20 1, JALAN 24/70A, DESA SRI HARTAMAS, KUALA LUMPUR, MALAYSIA,
More informationFood Law and Due Diligence Defence
The Society of Food Hygiene and Technology INTRODUCTION This document explains the general requirements of food law and covers the main EC and UK legislation on food imports and exports, safety, traceability,
More informationThese TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,
TERMS AND CONDITIONS INFLUENCERS AT WORK These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, Ltd. ( InfluencerAtWork ) and you, or if you represent a company or other
More informationPLAGIARISM POLICY. Regulations on Unfair Practices and Disciplinary Action & Procedure
24 March 2014 PLAGIARISM POLICY Regulations on Unfair Practices and Disciplinary Action & Procedure Introduction: These regulations have been made to ensure the academic integrity and professional reputation
More informationCopyright Fair Dealing Guidelines. Introduction:
Copyright Fair Dealing Guidelines Introduction: University of Toronto faculty, staff and students are creators of material that is subject to the protections of the Copyright Act. They are also the users
More informationINTELLECTUAL PROPERTY RIGHTS (IPR)
INTELLECTUAL PROPERTY RIGHTS (IPR) WHAT IS AN IPR? Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights
More informationAn Optional Instrument for Insurance Contract Law: the point of view of Legal Practice
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS LEGAL AFFAIRS An Optional Instrument for Insurance Contract Law: the point of view of Legal Practice
More informationABA Section of International Law 2006 Spring Meeting 5 8 April 2006, New York
ABA Section of International Law 2006 Spring Meeting 5 8 April 2006, New York CROSS-BORDER EMPLOYMENT AND GLOBAL MOBILITY ISSUES IN EUROPE AND LATIN AMERICA: A CLOSER LOOK AT INTERNATIONAL ASSIGNMENTS
More informationThe new European directive on the rights to interpretation and translation in criminal proceedings
Caroline Morgan, European Commission The new European directive on the rights to interpretation and translation in criminal proceedings 1 Introduction On 20 October 2010, the European Parliament and the
More informationThe Patents Rules 2007 (as amended)
The Patents Rules 2007 (as amended) The Patents (Fees) Rules 2007 (as amended) An unofficial consolidation produced by Patents Legal Section 1 October 2014 Intellectual Property Office is an operating
More informationEUROPEAN COMMISSION Directorate-General for Research & Innovation. Guidance How to draw up your consortium agreement
EUROPEAN COMMISSION Directorate-General for Research & Innovation Guidance How to draw up your consortium agreement Version 2.0 23 February 2015 Guidance How to draw up your consortium agreement: V2.0
More informationMarket withdrawal and suspension of marketing authorisation of medicinal product due to good manufacturing practice noncompliance in India
Market withdrawal and suspension of marketing authorisation of medicinal product due to good manufacturing practice noncompliance in India C-269/13 Acino AG vs. European Commission, LS&R 885 Citeersuggestie:
More informationThe Supreme Court. Decision OFFICE TRANSLATION. Case no. rendered in Stockholm on April 4, 2016 Ö 849-15. Applicant. Stockholm District Court
OFFICE TRANSLATION The Supreme Court Decision Case no. rendered in Stockholm on April 4, 2016 Ö 849-15 Applicant Stockholm District Court P.O. Box 8307 104 20 Stockholm Parties Claimant in the district
More informationSwden-Legal Framework
Legal framework In 2006, the Swedish Parliament approved legislation that officially appointed Lantmäteriet as the coordinator for the Swedish NSDI and setup the Geodata Advisory Board. The Swedish Geodata
More informationCartel Regulation 2006, Spain. Edurne Navarro and Sergio Baches. Uría Menéndez Lawyers
Cartel Regulation 2006, Spain Edurne Navarro and Sergio Baches Uría Menéndez Lawyers Legislation and jurisdiction 1 What is the relevant legislation and who enforces it? The main antitrust statute in Spain
More informationLICENSE AGREEMENT FOR USE & DISTRIBUTION OF CREATIVE PROPERTY:
LICENSE AGREEMENT FOR USE & DISTRIBUTION OF CREATIVE PROPERTY: 1. The Licensor hereby grants to and Travel Alberta a non-exclusive, perpetual, worldwide, royalty-free license to use, publish, modify and
More informationIs the Crown Bound by the Copyright Act? (Published in the Ontario Professional Surveyor Volume 53, No. 1, Winter 2010)
April, 2010 Gardiner Roberts LLP Scotia Plaza 40 King St. West Suite 3100 Toronto, ON M5H 3Y2 Tel: 416-865-6600 Fax: 416-865-6636 www.gardiner-roberts.com This article was prepared by William O Hara and
More informationDer Bundesrat Providers liability under civil law
Der Bundesrat Providers liability under civil law Essential results of the Federal Council report of 11 December 2015 1 Introduction When approving the report on the Legal Basis for Social Media 1 on 9
More informationTERMS AND CONDITIONS OF USE
Company info Fondazione Prada Largo Isarco 2, 20139 Milan, Italy VAT no. and taxpayer s code no. 08963760965 telephone +39.02.56662611 fax +39.02.56662601 email: amministrazione@fondazioneprada.org TERMS
More informationEMI v UPC. THE DECISION AND CONSEQUENCES FOR IRISH ISPs AND COPYRIGHT HOLDERS
EMI v UPC THE DECISION AND CONSEQUENCES FOR IRISH ISPs AND COPYRIGHT HOLDERS Sally-Anne Hinfey, DFMG Solicitors, IE 1 Introduction EMI v UPC 2 is a particularly controversial intellectual property judgment
More information