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COPYRIGHT VS DEFAMATION

             The recent tussle between the well-known actors Actor Dhanush and  Actor Nayanthara over the use of few seconds of  behind the scenes footage from the movie sets of the movie ‘Nanum Rowdy Thaan’ in her recent Netflix release NAYANTHARA - beyond the fairy tale, is all over the internet. While there are people voicing out in favor of both the actors, this article is only trying to explore the legal aspects involved in this issue. Firstly, Dhanush being the producer of the above mentioned cinematograph film is the rightful and 1 st owner of the copyrighted work in the absence of any agreement to the contrary. As per the Section 17 of the copyright Act, 1957. Further, Section 14 of the Act is exhaustive of the ways in which an owner of a copyright can exploit his work. Actor Nayanthara in her public letter addressed to Actor Dhanush was very derogatory in nature and was in many places a personal attack on his character and defamatory in nature. Nevertheless, in the given case

IPR (Intellectual Property Rights) TOOLS AND PROTECTION OF IP (Intellectual Property)

 

IPR (Intellectual Property Rights) TOOLS AND PROTECTION OF  IP (Intellectual Property).

Gowthami Reddy D. - Advocate - IPR & Commercial Laws, Partner, Pentallect Partners


Creativity & Inventions are vital; they spur economic growth, create new jobs; Industries and enhance the quality & enjoyment of life.

The progress and wellbeing of humanity depends on our capacity to come up with new ideas and creations and advancement in science and technology.

Inventors, Artists, Scientists, Entrepreneurs, Business Etc., invest a lot of energy, thought, skill and labour in developing their innovations & creations.

Why does a person invest in a property?

People invest in property or intellectual property obviously for returns. Since the above mentioned intellectual property creators have invested time and energy; they too need returns from their investments. Therefore, have to protect their intellectual property and acquire ownership over the same to yield returns from the same.

The next step after creating an intellectual property is to acquire ownership over one’s intellectual property.

IPR TOOLS:

There are different intellectual property rights (IPR) or IPR tools that enable an owner of an IP to protect one’s IP and acquire ownership over the same.

The following are IPR tools that are used for protecting IP:-


PATENTS – protects inventions.


TRADEMARKS – Protects Commercial signs used in trade/ names of businesses.



INDUSTRIAL DESIGNS – Protects aesthetic aspects of the industrial product.



COPYRIGHTS – Protects literary works, dramatic works, musical works, artistic works, sound recordings and cinematograph film.



GEOGRAPHICAL INDICATIONS - A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.


SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT DESIGN
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"SEMICONDUCTOR INTEGRATED CIRCUIT" means a product having transistors or other circuitry elements, which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function.

"LAYOUT-DESIGN" means a layout of transistors and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit.

PROTECTION OF PLANT VARIETY AND FARMERS RIGHTS –



PLANT VARIETY PROTECTION, also called a “plant breeder's right,” is a form of intellectual property right granted to the breeder of a new plant variety in relation to certain acts concerning the exploitation of the protected variety which require the prior authorization of the breeder.

PLANT VARIETY - A plant variety represents a more precisely defined group of plants, selected from within a species, with a common set of characteristics.

In my coming post’s we shall discuss further on the IPR tools and their exploitation.