Government Seeks to Extend the Copyright Framework to Maximize its Reach

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The Government is proposing new amendments to extend the reach of songs and videos to maximum people at a reasonable price, which in case of dispute is regulated by the quasi-judicial body Intellectual Property Appellate Board (IPAB). The copyright framework which was earlier confined to radio and television is now looking to include all forms of broadcasters under its horizon.  This new draft in Copyright Act endeavors to grant all the benefit of statutory license provisions to all the broadcasters.

The Department for Promotions of Industry and Internal Trade (DPIIT) proposed changes in the Copyright (Amendment) Rules, 2019, and solicited public comments and views till June 29. The draft rules seek to introduce changes in the copyright framework to effectively deal with the growing technological advancement and to establish uniformity with other relevant legislation.

According to expert, these changes will permit non-traditional broadcasters including web and Internet Protocol television (IPTV) to grant a compulsory license for the copyrighted content from the content owner, which was earlier restricted to radio and TV broadcaster.

Presently, the Copyright Act includes only TV and radio broadcast companies who are authorized to seek approval from the copyright owner and negotiate the price unilaterally or through Section 31D of the Intellectual Property Appellate Board Act.

The draft also suggests substituting of Copyright Board with the Appellate Board. It also asserts that in cases where the royalty is undistributed due to the author or other owners till the end of the period of 3 years from the end of the financial year in the collection of the royalty occurred, then in that situation copyright society shall repay the amount of the licensee within a 3 months from the end of that financial year.

The government has also put forward amendments in the patent regime to bring transparency in the working requirement for a patented invention on a commercial scale in India.

The DPIIT seeks to amend Form 27, which informs the Patent Office whether it is registered patent in India or not. Earlier, it was hanging with no explicitness on what needed to be disclosed and what should not be disclosed. For more visit: https://www.trademarkmaldives.com/

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