Copyright Objection

Sonam Geda & Company

Overview of Copyright Objection

In the process of copyright registration if the registrar finds any discrepancy in the application based on certain grounds like similar work is existing or duplication of work with other’s work then it raises an objection and ask for clarification from the applicant and provide a period of 30 days to the applicant to reply. Copyright objection may be raised by the registrar within 30 days from the date of filing application by issuing a discrepancy letter to the applicant.

Reasons of Copyright Objection

The application may be objected by registrar for any of the following reasons:

Similar work already exists.
Similarities in an application.

Documents Required for Copyright Objection Reply

Following set of documents are required to register copyright:

Copy of registration application.
Discrepancy letter issued by registrar.
Supporting documents of reply.
Affidavit, if required.

Process of Copyright Objection Reply

For the purpose of filing reply to copyright objection following steps should be followed:

STEP 1: Analysing Copyright Objection: The very first step to reply is to analyze copyright objection, understand why it is objected, and under which relevant section of the act it.
STEP 2: Drafting of Reply: Reply should be drafted very carefully it should include relevant rule of law and judgment supporting the case, reasons why it gets copyrighted along with.
STEP 3: Filing of Reply: Once a valid reply is drafted it should be filed along with all necessary documents with the registrar within 30 days of issue of discrepancy letter.
STEP 4: Copyright Registration: When the registrar finds the reply of objection valid it will waive the copyright objection and will proceed with copyright registration and issue a copyright registration.

What if reply is not Filed?

In case reply is not filed within specified period the application for copyright will be cancelled by the registrar and the status of application will be updated as “Rejected”. To avoid such harsh action by the Registrar it is required to file a reply to the copyright objection.

Difference in Different Form of Intellectual Property Rights

BASIS OF DIFFERENCE
TRADEMARK
COPYRIGHT
DESIGN
PROVISIONAL PATENT
PATENT

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Prevailing laws
- The Trademark Act, 1999 deals with registration and prevention of fraudulent use of trademarks.
- The Copyright Act, 1957 provides for the registration and protection of copyright.
- Registration and protection of Industrial Design is administered by the Design Act, 2000 and rules made there under.
- Registration and protection of Patent is governed by the Patent Act, 1970 and rules made there under.
- Registration and protection of Patent is governed by the Patent Act, 1970 and rules made there under.
Trade Marks Act,1999
Copyright Act,1957
Design Act,2000
Patent Act,1970
Patent Act,1970

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Protection For
- It can include name, symbol, slogans, logo, and or image which identify the business/brand and it makes different from others.
- Protection of original creative works like Music, Books, Articles, drawing, painting,maps,Photographs, Movies, Sculptures, sound recording, choreography, motion pictures,software etc.
- Feature of pattern, configuration, shape, ornaments, composition of lines, or colors applied to any article, packaging and graphic symbols.
- • Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement.
  • Encourage innovation and commercialization of technological advances.
- • Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
  • Patent secures inventions that are useful for the world or to the public at large and has some productive use.
Brands
Creative or intellectual creations
Appearance of products
Inventions & Idea
Inventions & Idea

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Term of Protection
- Valid for 10 years but can be made perpetual by renewing it in every 10 years.
- Copyright is valid for the lifetime of the author and 60 years after the death of author.
- Validity of Design is 10 years from the date of its registration.
- • Provisional Patent will be valid for 12 months from the date of filing application of Patent.
  • Documents has to file for permanent patent within 12 months otherwise it will ne abandoned.
- Patent is valid for 20 years from the day the application is first made but it can’t be renewed.
10 years + Renewal
Lifetime + 60 Years
10 Years
1 Year
20 Years

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Exclusive Rights/Rights provided to Owner
- • Use within the applied class.
  • Protect it from anyone using without permission and give right to sell the brand.
- • Copyright owner has authority to transfer the work by licensing, assigning, and other forms of transfers.
  • Right to reproduce the work, to prepare derivative works, to distribute copies, to perform the work publicly, and to display the work publicly. (depending on the type of work).
- It gives authority to Use, make, sell, import, offer for sell the registered design.
- Entitled to protect from copy of the invention or infringement of Patent.
- It gives right to Use, sell, import, make with idea patented.
Brand w.r.t. product / services
Distribute copies & perform work publicly
Authority to Use, sell, import etc.
Protect from copy idea
Authority to Use, sell, import etc.

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Example
- Parle,Domino’s,Pizzhut,Spykar etc are the brand names.
- Music, pictures, songs, software etc
- packaging and graphic symbols, composition of lines etc.
- New invention in pharmaceutical industry.
- • New invention in pharmaceutical industry.
  • Certain computer programs may fall within the subject matter protected by both patents and copyrights.
Brand' "Nike", logos-the Nike tick
A copyrighted Book
Ornaments
Technology
Technology

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Symbols Associated
- ™ is used when registration is under process. ® is used when Trademark is registered.
- © is the symbol of copyright.
- There is no symbol to represent Design
- • There is no symbol to represent provisional Patent.
  • It would be able to use 'Patent Pending' on product any time in 12 months
- No symbol is assigned to registered Patent.
™ & ®
©
NA
NA
NA

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Applcants
- Application for Trademark registration is made by business owners or owners of product.
- Artists, Architect, Choreographers, Creative Professionals and Author.
- One who creates design can apply for its registration.
- Many inventors/businesses wish to patent their inventions even before they are finalised through a provisional patent.
- Inventors and designers who have invented any original invention or invented with improved function can apply for its registration.
Businesses
Artists, Creative Professionals
Designer
Inventor
Inventor

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Reach
- Separate application has to file for protection in different countries and hence only effective in India
- Protection is available in most of the countries of the world.
- Design protection is obtained by filing an application in each country/region of interest
- It is a territorial right and therefore applicable within the territory of India and the separate patents required to be filed for each country where protection is required.
- It is a territorial right and therefore applicable within the territory of India and the separate patents required to be filed for each country where protection is required.
Territorial right
Most of countries
Territorial right
Territorial right
Territorial right

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Time Taken
- Trademark Registration usually takes 12-18 months to complete the process.
- It takes nearly 4–8 months to get a copyright if there is no objection in application filed.Otherwise it takes nearly 1–2 years depending on the application type.
- The time taken for design registration is as per the Design Act, 2000 and rules made there under.
- Patent registration takes a 2-3 years for completion of process. But the owner can claim right over a patent from the date of applying provisional patent.
- Patent registration takes a 2-3 years for completion of process. But the owner can claim right over a patent from the date of applying provisional patent.
12-18 months
4-8 months
Prescribed
2-3 years
2-3 years

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Governing Body
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
- All the things related to registration of Copyright are done by Copyright Office, Government of India.
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
- Intellectual Property in India is governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).
CGPDTM
Copyright Office
CGPDTM
CGPDTM
CGPDTM

Copyright Objection

Sonam Geda & Company

Overview of Copyright Objection

Reasons of Copyright Objection

Documents Required for Copyright Objection Reply

Process of Copyright Objection Reply

What if reply is not Filed?

Difference in Different Form of Intellectual Property Rights

Videos on Copyright Objection

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