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Assignment of Copyright

Section 18 of the Indian Copyright Act deals with the Assignment of Copyright.

1. The owner of the Copyright in an existing work or a prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof, provided that in the case of assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.
2. Whereas the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee, as respects the rights to assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly.
3. In this section, the expression "assignee" as respects the assignment of the copyright in any future work includes the legal representative of the assignee, if the assignee dies before the work comes into existence.

Patent

Patent is an exclusive right granted for an invention which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. The patent protects the rights of the owner of the invention generally for a period of twenty years. An invention which is patented cannot be commercially made, used, distributed or sold without the patent owner's consent. During the period of protection, the patent owner, at his own discretion, sell his right to the invention, or give permission to another person to use the rights on mutually agreed terms. On expiry of the patent, the invention becomes available to others for commercial exploitation.

Copy Right Law

The object of copyright law is to encourage authors, composers, artists and designers to create original works by rewarding them with an exclusive right for a limited period. Such exclusive rights are permitted for literary, dramatic, musical, artistic, cinematograph film and sound recordings. The law aims at preventing anyone from reproducing or exploiting another person's work without authorisation.

WIPO takes care of IP

World Intellectual Property Organisation (WIPO), which is dedicated for the development of international Intellectual Property (IP) System, is a family member of United Nations Organizations. WIPO, which is headquartered at Geneva, was established in the year 1967 by the WIPO Convention signed on July 14, 1967. The strategic direction and the activities of this 184 members organization are decided by the member states, who meet once in two years in the month of September/ October.

What is IP or Intellectual Property? It is nothing but creations of mind of an individual. It could be inventions, literary and artistic works, and symbols, names, images and designs used in trade and commerce.

Intellectual Property can be divided into two - (i) Industrial Property and (ii) Copyright.
(i) Industrial property includes inventions (for which patents are obtained), trade marks, industrial designs and geographic indications of source. These marks and designs require protection against unauthorized use, because the details regarding the products and services of a Company or a firm are transmitted to the general public and the potential customers through these signs.
(ii) Copyright includes literary and artistic works such as novels, poems, plays, films, musical works, drawings, paintings, photographs, sculptures and architectural designs. Broadly speaking, copy right is an exclusive right granted by law for a specified period to the creator of a work of thought against any form of copying by an unauthorised person. ..

Legal Profession

Legal profession is all about service. Service to individuals, organisations, corporate entities etc. It becomes the bounden duty of a person in the profession to ensure access to justice even to those underprivileged who cannot afford to pay the lawyers. American Bar Association (ABA) has made it mandatory for every lawyer enrolled with it to offer 50 hours of free consultation to those who cannot afford the legal fees. In India, Article 39A of our Constitution requires the State to make legislation for free legal aid in order to ensure that opportunities to secure justice are not denied to any citizen by reason of economic or other disability. Accordingly we have National Legal Service Authority and State Level Legal Service Authorities.


(Ref: 01. American Bar Association-www.abanet.org 02. National Legal Service Authority-causelists.nic.in/nalsa, both last visited today, on 29.08.2010).

The Problem Method of Education

The basic purpose of education is to enable a person to adopt himself to life in society. The Problem Method should be encouraged, as it is important to be adequately equipped with proper reasoning and relective thinking to be successful in the present day society, which is full of problems and puzzling situations.
Problem solving is an instructional method or technique whereby the teacher and the student attempt in a conscious, planned and purposeful effort to arrive at some explanation or solution to some educationally significant difficulty.
Active, persistent and careful consideration of any belief, or a supposed knowledge, in the light of the grounds which support it, and the further conclusion to which it tends, constitute reflective thinking.

Jurimetrics

Jurimatrics is the empirical study of law with an application of scientific methods. The term 'Jurimetrics' originated in the 1960s along with the advent of computers in practice and research in law. The term was coined by Lee Loevinger, who contended that knowledge of law could be obtained by observation, and he stressed on the application of scientific and statistical methods in law.

(Courtsey : 01. L. Loevinger, 'Jurimetrics, the next step forward', (1949), Minn. Law Review, 455, accessed today through zaguan.unizar.es.
02. www. USlegal.com)

Dharmo Rakshathi Rakshitah

Manusmruthi 8th Chapter, 15th verse says "Dharmo Rakshathi Rakshitah", which means Dharma protects those who protect it. Those who destroy Dharma get destroyed.

Now, what is Dharma?
The Sanskrit word Dharma is derived from the root -Dhr- which denotes upholding or supporting. That which upholds is Dharma.
Mahabharatha, Chapter 69 Karna Parva verse 58 says, "Dharma is for the stability of society, the maintenance of the social order and the general well being and progress of human kind".

Wondering, what is this guy talking about? Spiritual things..
Hey, that's law, man. Dharma was the foundation of Indian Legal System and Jurisprudence leading to the ancient Indian Judicial process.

Judges as makers of Law

In Rajeshwar Prasasd v State of West Bengal, the Hon'ble Court opined "No doubt, the law declared by this Court (Supreme Court) binds Courts in India. But it should always be remembered that this court does not enact".

Article 141 of the Constitution of India states that 'The law declared by the Supreme Court shall be binding on all courts within the territory of the country'.

In Murali Deora v Union of India the Hon'ble Court banned smoking in public places, which was enacted as a law by many states subsequently.

Wow.. I got this back.. I thought I had lost my password and thereby the blog. Somehow, managed to get it back.. Lemme start blogging now. Ha Ha Ha..