Q.1. I have a unique photograph snapped by self that I have already right protected and I need proper guidance in regard to what is copy right and how it helps to protect my creation ?
Answer: – As an IPR Advisor, I can suggest you to go for copyright protection because unique work is considered as artistic work. Copyright owners have the exclusive right to either do or authorize the doing of any of the following:
- to reproduce
- to issue copies of the work
- to perform the work in public, or
- communicate it to the public to make any translation or adaptation of the work.
- to sell or give on hire, or offer for sale or hire a copy regardless of whether such copy has been sold or given on hire onbearlier occasions .Filing and procedure of Copyright Application for unique Photograph is as following:-
Step 1: An application for copyright on Form-IV accompanied by four copies of the work is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) along with the prescribed fee at Copyright Office of the Department of Education, New Delhi.
Step 2: The Copyright Office initially provides a filing number and filing date and issues a filing receipt.
Step 3: Thereafter, the application is examined and objections by the office if any, or any extra documents required are requested.
Step 4: Defects will be communicated to the applicant in FER. A response has to be filed within 30 days.
Step 5: Once the application is found to be in order it is accepted and the Copyright Office issues the registration certificate.
Duration of registration:-
Photographs is protected for 60 years from the end of the year in which the work is made available to the public with the consent of the owner of the copyright or published, or, failing such an event, for 60 years from the end of the year in which the work is made.
Q.2. I, an Indian inventor, have got a patent in India for a method of manufacturing a food product of Pizza. The patent is in force from 10 Jan 2004. Recently I made some important improvement in my product and seek your advice for protecting the improvement and entire term of patents.
Answer: – Your patent is already in force and some improvements and modifications are done and if you want to protect those particular improvements, as an IP Advisor I suggest you to go for patent of addition. Basically it’s an application made for a patent in respect to any improvement or modification
of an invention described or disclosed in the complete specification already applied for or has a patent.