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Copyright Infringement cross borders

Author: Akshita Jain, Student, Vivekananda Institute of Professional Studies, Delhi, India

Abstract

Protection of property of an individual is always a question of great importance, in situation of any harm caused to the property, individual take the shelter of various codified laws and statutes to safeguard the status of the property. There is bundle of statutes protecting property of an individual. Traditionally, the term ‘property’ was used to denote the movable and immovable property only but with the advancement in the technology and the widened intellect of the human capital, a new terminology is appeared i.e. ‘intellectual property’. It is intangible property created by the human intellect (intelligence). In the recent years, the necessity of laws and such mechanism is felt to protect this category of property. The most well-known recognized types of intellectual properties by most of the countries are copyrights, patents, trademarks, trade secrets, designs, geographical indications, etc. The creation of these intellectual goods contributes in the technological, artistic, cultural progress of the country but due to its intangible and indivisible nature of these assets they can be easily misused by others. To curb the infringement and guard the rights of the owner of the intellectual property, certain laws have been passed and economic incentives are also extended to the person created the property. However, these works, inventions can be utilized by others as well but only after proper disclosure of the work by the owner in return of which he receives the incentive. All this is done to encourage the new creations, inventions, technological advancements by the human capital. In India, to safeguard the rights of the copyright holders or other intellectual property holders and to check the infringement of these rights, certain laws have enforced. Copyright Act, 1957, Trademark Act, 1999, the Patents Act, 1970 with its recent amendments are such laws to protect intellectual property in India.

Keywords: Intellectual property, Copyrights, Rights of copyright holders.

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