Copyright Laws in India
This document is intended to give a brief overview of the patent and copyrights laws in India and a brief analysis on global issues related to these laws. India has progressed enormously in the field of technology and is ranked tenth in the pool of scientific and technical personnel in the world. There may be hundreds of economical, legal, ethical issues that might have global impact but discussing all of them here is almost impossible. Only the key issues are focused in this paper.
India is quickly growing as leading world software producer. It has occupied a secured place in information technology arena by producing high quality software products and software professionals. India also has a fairly well
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The law relating to computer software has been clarified. Although software per se is not patentable, software configured to achieve a particular technical result may be. Previous practice was to grant patents only to software coupled with hardware.
But, U.S. law does not restrict patent only to physical article or process to manufacture such physical article. It says that any software is patentable if it satisfies the conditions of novelty, unobvious ness and utility. Since patenting of software offers much better protection than copyright in software, many Indian technical professionals are considering the option of patenting their software in U.S. One may make an application for patent in U.S. either by making Provisional Patent Application ('PPA') or Regular Patent Application ('RPA').
India is also a party to Patent Co-operation Treaty ('PCT'). Under PCT, an Indian resident can make an International Application ('IA') for registering patent. The applicant has to submit an application in pre-scribed format to the National Patent Office of its country ('Receiving Office') and designate the countries in which it desires to register the patent. Receiving Office would check the completeness of the IA as required under the PCT and accord International Filing Date ('IFD') to IA. International Bureau together with the Receiving Offices
Intellectual Property law manages the guidelines for securing and authorizing legitimate rights to developments, outlines, and imaginative works. Pretty much as the law secures responsibility for property and land, so too does it ensure the restrictive control of elusive resources. The reason for these laws is to give a motivator for individuals to create inventive works that advantage society, by guaranteeing they can benefit from their works without apprehension of misappropriation by others.
The company should analyze whether to model their software outsourcing business after the Indian software firm, Wipro. Many of the customers of Wipro, such as HP, already do business with Inventec and they could capitalize on their existing relationships. Greater software margins would increase their overall profit margins.
of having to buy the book for themselves. While this is a noble act by the
“The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO” (ALEXANDRIA 1).
India has become a global conduit for business as they have liberalized their economic policies over the past 20 years. Companies are flocking to India because of many factors, including, less expensive labor costs, increasing growth rate, and an abundance of a highly skilled workforce. These factors in addition to other advantages have substantially increased the number of United States businesses looking to grow beyond the U. S borders into the county of India. Dunlop Software Consultant’s goal is to also expand its operations internationally and believes that India has the business environment to meet our goal of expansion globally.
Copyright and patent laws are inappropriate for computer software, their imposition slows down software development and reduces competition. Computer software has become more and more important. Software has played an important part in the world. Computers have most likely played an important role in all our lives, from making math easier with calculators, to having money on the go with ATM machines. But software is completely defenseless, as it is more or less
It is patent that
Technology enriches our society by making widely available new and useful goods, services, and technical information . Clearly, as a society, we would want to encourage the development of technology so that we can reap the benefits they offer us. Innovators require an incentive to invent and share these technologies with the rest of society. This incentive is achieved by granting intellectual property rights (IPR) to inventors . More specifically, the incentive is usually achieved by granting patents to inventors .
A patent is a right granted to a person or legal entity (corporation) giving them the exclusive right to their inventions for a period of 20 years. This protects the new inventions and prevents others from using the invention without necessary permission from the inventor or their employer. The inventor has a right to how the invention is made, and how it is been used. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document. (Anon., 2016)
The second form of intellectual property that must be implemented is Patent. We must protect
Various patent attorneys and patent agents will question whether one can really prepare a temporary patent application while spending less time than preparing a non-provisional patent application. A description of the invention and understanding what is in the market (Quinn, 2014). Experts advise why temporary patent applications are best and why they are valuable tool for those with limited budget, which will be a considered application on file. However, not everything that has been invented can be protected even by the major companies. Nevertheless, inventors take responsible steps forward to secure rights once they reach the point where they have something patentable.
“Today, Indian outsourcing is one of the best ways for CIOs to cut application development and maintenance costs, and deal effectively with the peaks and valleys of software demands.” (Yeo). Outsourcing to India is still focused primarily on highly technological aspects, but is not limited there. They are known for creative development in the pharmaceutical field, and have recently developed an unsurpassed medication for adult ADHD. Their superior IT assistance is not limited to companies, they offer many websites for individuals seeking help with programming. In mid 2007, U.S. outsourcing to India reached $4.9 billion. Although technologically advanced, they still lag in economic prosperity and therefore still don’t expect the type of compensation that Americans do. “They
The technology educational system in India is superb and continues to supply the software development industry with almost limitless talent.
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.
India must seriously examine its Intellectual Property Rights (IPR) position and see how best TRIPS (Trade Related Intellectual Property Rights) can be interpreted, as IPR laws are national laws. India should cull the best points from various laws to suit her future needs.