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Register your copyrighted work before anyone else copy it
Copyright is an intellectual property that provides an exclusive right to the holders and original creators. When any person creates a unique product or idea that includes websites, computer software, music, musical composition, lyrics, art, novel, film, architectural designs etc., and such creation is protected as copyright. It is a legal right provided by the law to the creators of original work in the areas of literature, drama, music, art, etc. Copyright notices are generally issued by the copyright owner, an assignee or publisher of the copyright, or any legal representative authorised to act on behalf of the owner.
Before filing the copyright application, it is imperative to understand the originality of work.
We assist our clients in assessing the originality and protectability of the work and then advise on correct category of copyright application. We conduct a detailed copyright search to investigate existence of any similar competing copyright to pre-empt any future objections/oppositions.
We assist in preparing and filing the copyright Application, through our experts, in a timely and efficient manner.
After filing the application, Copyright Office may raise discrepancy or objection/s against the copyrighted work; and may face rejection at the preliminary stage.
We assist in preparing a thorough reply to the Examination. A well drafted reply supported by legal provisions and accurate documentation, improves the chances of overcoming objections.
We address each objection accurately and within time, which increases the chances of straight forward design registration.
We provide complete end- to end assistance in dealing with the registration process including, representing the Client in the proceedings, with a sound and appropriate legal strategy.
Large content producers, organization, media companies creating multiple works, needs portfolio management. Regular and timely watch aids in protecting your copyright from infringement and unauthorized use will increase the value of your Intellectual assets.
We assist in managing the Clients, Copyright, Portfolio, which includes:-
Checking for any competing or unauthorized users; and taking remedial actions like initiating cancellation proceedings of similar copyrighted work or appropriate legal action.
Copyright Assignment and Licensing allows to commercially leveraging intellectual property while retaining ownership and ensuring quality control.
We assist in setting up the entire Contract cycle management of the Assignment and Licencing arrangement, including drafting of agreements, Non-disclosure agreements etc.
By granting right to use to your copyrighted work, a market presence can be expanded, generation of revenue can be seen, and strengthen recognition in the market place.
A comprehensive search is conducted in local and international databases to identify any identical or similar existing copyright. This step helps the Applicant to identify the existence of similar copyrighted work and reduces the risk of objections. However, this stage is not mandatory to be done, but highly advised.
The registration process begins with filing an application Form-XIV with prescribed fees. However, separate applications are required to be filed for registration of each work.
Once the application is filed, a diary no. is being allotted to the Applicant. Here, the copyright application is ready and prepared for inviting objections from the public. At this stage, any third party may object to the application within a 30 days’ time frame. In case any objections are raised, then both the parties will be given an opportunity to submit a response in writing, after which the matter will be considered before the Copyright Officer.
The copyright examination stage is conducted differently depending upon the scenarios:
When no objection is filed within the prescribed period:
Let’s say, the registrar has not received any objections within 30 days, in such scenario, the examiner will move forward with detailed examination of the application. At this stage, the application is carefully examined and scrutinized to identify any inconsistency or discrepancy. If application is found to be complete without any discrepancy, it will be approved for registration.
Nonetheless, in case the Examiner identifies errors or is not satisfied with the particulars submitted, a discrepancy letter is issued to the Applicant. Here, the Applicant is required to submit a written response to the discrepancy letter, and an opportunity of hearing will be given.
When an objection is raised by a third party:
Now suppose a third party has filed an objection against the application, in such case, notices will be issued to both the Applicant and the objector, to which a written reply is required to be submitted. Subsequently, a hearing is conducted where the parties are given an opportunity to present their case before the Hearing Officer.
If, after considering the submissions and arguments, objections are dismissed, the application proceeds further and the discrepancy procedure (if applicable) is undertaken.
However, if the objection remains unresolved or the discrepancy is not satisfactorily addressed, the copyright registration process stands dismissed.
Upon being fully satisfied that the application is complete and that the claims made therein are accurate, the Registrar shall record the relevant particulars in the Register of Copyrights and issue a Certificate of Registration.
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