Intellectual property infringement (Koo)
January 27, 2022 at 10:21amIntellectual property infringement (Koo)
January 27, 2022 at 10:21amJanuary 30, 2022 at 10:45am
Types of INTELLECTUAL PROPERTY (IP)
Patents – Inventors are granted the exclusive right to a physical invention, a design, a process, or a unique improvement to one of the above.
Copyrights – People who create original material have the exclusive right to the material they created. However, the creator can allow someone else to use the material.
Trademarks – These symbols, phrases, or logos help separate one company’s products or services from another. Consumers and customers identify companies through their trademarks.
Copyright laws came into light in the 21st century but it existed from centuries. In india also the first copyright legislation was passed way back in 1957!
Earlier it was usually with regard to the artistic work but today it even covers sound recordings. With the updating technology the arena of intellectual property is also expanding.
IP infringement often arises from the unlawful use or distribution of content. It is often assumed that any content posted on social media account it is simply being published and other user now have the right to use the content. This confusion mostly arises and may be influenced due to media sites inclusion of ‘limitation of intellectual property rights’ in their terms of use, (which are agreed to by users upon registration), these licences on intellectual property rights are limited in scope and often provide loopholes allowing infringement of IP.
The grey area regarding ownership
In line with the basic principle, the creator of intellectual property is the owner of such intellectual property on Social Media. Therefore, if a business creates intellectual property in the form of trademarks, copyrights, patents, industrial designs, or trade secrets on Facebook, Twitter, or YouTube, it becomes the owner of such intellectual property. If an employee creates some intellectual property on a company’s social media platform, the ownership of such intellectual property will be defined by general principles of contract of/for service, or employment agreement, if one exists.
The grey area regarding ownership
In line with the basic principle, the creator of intellectual property is the owner of such intellectual property on Social Media. Therefore, if a business creates intellectual property in the form of trademarks, copyrights, patents, industrial designs, or trade secrets on Facebook, Twitter, or YouTube, it becomes the owner of such intellectual property. If an employee creates some intellectual property on a company’s social media platform, the ownership of such intellectual property will be defined by general principles of contract of/for service, or employment agreement, if one exists.
More often than not, an IP created on social media may involve several users. Collaborative work may range from writing a book to a patentable invention. In such a case, who owns the IP? Can the initiator of the work or a collaborator use it? If the work is created on Facebook, can anyone on Facebook use it? Can Facebook use it?
February 7, 2022 at 6:04am
Intellectual properties rights in India is governed under the following Acts:
•Trade Marks Act, 1999
•The Patents Act, 1970 (amended in 2005)
•The Copyright Act, 1957
•The Designs Act, 2000
•The Geographical Indication of Goods (Registration and Protection) Act, 1999
•The Protection of Plant Varieties and Farmers Rights Act, 2001
•The Information Technology Act, 2000
COPYRIGHT LAWS CAME INTO LIGHT IN THE 21ST CENTURY BUT IT EXISTED FROM CENTURIES. IN INDIA ALSO THE FIRST COPYRIGHT LEGISLATION WAS PASSED WAY BACK IN 1957!
EARLIER IT WAS USUALLY WITH REGARD TO THE ARTISTIC WORK BUT TODAY IT EVEN COVERS SOUND RECORDINGS. WITH THE UPDATING TECHNOLOGY THE ARENA OF INTELLECTUAL PROPERTY IS ALSO EXPANDING.
It would be interesting to note that around 12,000 intellectual property cases are filed each year in US alone. It can be viewed as a cause of concern because it is increasing the expenses and taking away time of not only the users but the company as well! In India, KOO was 1st to file compliance report in accordance with the new IT Rules
KOO’s Process for reporting intellectual property violations
•Parties must resolve any disputes relating to intellectual property amongst themselves or through legal process, before reporting to Koo
•If you believe that someone is violating your or anyone else's intellectual property, you may report it by filling out the provided form.
•Such reports will typically be processed within 48 hours. Orders or directions of courts or legal authorities will be honored on priority.
•Person who posted the contested content request to respond to the claim within 36 hours.
•Koo will take such action as it deems fit in case of no or unsatisfactory response.
•Any abuse of this process may lead to termination of your user account and/or other legal consequences
There should be a mechanism to warn the people if the content they wish to post is leading to infringement of someone’s intellectual property rights.
Because situations exists where a person unknowingly post something which is patented or subject to copyright as at times there is no way to confirm that the content they are posting is not used earlier.An idea about execution is in the image