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CA in Delhi
An ISO 9001 : 2008 Certified Company
 
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Sunday, September 23, 2018

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  latest news heading 12 Jul, 2014 E-filing facility for tax returns suspended Amendment in Tax Audit report Form 3CD E-filing .....  
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gradient   updates Located in the southern peninsula of the Asian continent, India is the seventh largest and second most populous country ...
 
 
 
 
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Business set up in India
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Intellectual Property Rights Services
 
Copyright Services
“Copyright” is a form of intellectual property protection granted to the creators of original works of authorship such as literary works (including computer programmes, tables and compilations), dramatic, musical and artistic works, cinematographic films and sound recordings.
Copyright is the exclusive right to do certain Acts in relation to Artistic, Literary, Dramatic, Musical Work, Cinematographic Film and Sound Recording Software. Basically, Copyrights means the Right to Copy or reproduce the work in which Copyright sub-sites.
The Copyright vests in original work in whatever form it may be i.e. Literary, Artistic, etc. The registration of Copyright in India is not mandatory but useful in courts where Civil and / or Criminal Proceeding can be taken to protect it.
Shop and Establishment Act is one of the most important State Government regulations which governs the functioning of businesses engaged within its Jurisdiction. The Shop and Establishment license is a primary proof of existence of business in a specified jurisdiction.
DIFFERENT TYPES OF WORK COVERED UNDER COPYRIGHT
We offer DGFT Consultancy Services which are highly renowned as a one-window-solution provider for Importer-Exporter licensing related services in Delhi and areas adjacent to Delhi. Our DGFT Consultancy Services may include following:
bullet Dramatic and musical work (i.e. Drama, Skit, Play, Movie etc.)
bullet Artistic work (i.e. Logo, monogram, design etc.)
bullet Software / Computer Programme
bullet Work of Architecture
bullet Cinematograph Film
bullet Sound Recording (i.e. A Cassette or a Record)
bullet Website, Web Contents, Home Page.
WHY COPYRIGHT REGISTRATION IS ESSENTIAL?
Copyright registration of the work is highly recommended; as registration is helpful in an infringement suit. As per the Copyright Act, the Register of copyrights (where the details of the work are entered on registration) is prima facie evidence in all courts.
WHO OWNS COPYRIGHT IN A WORK?
In India, the first owner of copyright in a work is the author. If the work is done in course of employment then employee is the first owner, unless there is an agreement to the contrary. Where the work includes material from different owners, or for example is a translation of an original work, several owners may each have copyright in the final work. No objection certificate or relevant transfer documents to be obtained from the employees or appointed designers.
RIGHTS OF A COPYRIGHT HOLDER ON REGISTRATION
bullet Your logo, style, font, get-up, color, scheme of your brand name cannot be copied by any other business firm.
bullet The registration certificate is valid for lifetime of the Proprietor of the brand name.
bullet If the Copyrighted work is infringed it is a cognizable offence i.e. one can directly file a police complaint to stop the misuse of the work.
bullet If the Copyright Registration is done, the complaint / civil suit can be filed at the place where the owner of the Copyright is situated.
For Example: if you are situated at Mumbai and some other person is copying your brand name at, say New Delhi. You can file a case at Mumbai. The person who has infringed your brand name will have to appear at the court at Mumbai.
bullet To reproduce the work in any material form including the storing of it in any medium including electronic means.
bullet To perform the work in public, or communicate it to the public.
bullet To make any cinematograph film or sound recording in respect of the work.
bullet To make any translation of the work.
bullet In case of computer programme the rights also includes to sell or give on hire, any copy of the computer programme
bullet To make any translation of the work.
bullet In case of computer programme the rights also includes to sell or give on hire, any copy of the computer programme
 
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We are the exclusive member in India of the Association of International Tax Consultants, an association of independent professional firms represented throughout Europe, US, Canada, South Africa, Australia and Asia.
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HOW TO PUBLICIZE MY CLAIM TO COPYRIGHT?
All copyright work should be marked with the International Copyright symbol ©, “All rights reserved” or with the word Copyright, the name of the owner and the date or year the work was created, thus: © BMC 2009. “All rights reserved”
WHAT IS THE TERM DURATION OF COPYRIGHT PROTECTION?
The term of copyright varies according to the nature of work and whether the author is a natural or legal person (e.g.: Company).
bullet In the case of literary, dramatic, musical or artistic work (other than a photograph), when published during the lifetime of the author, copyright subsists during the lifetime of the author, plus sixty years.
bullet In the case of photographs, cinematograph films and sounds recordings; the term is sixty years from the date of publication.
bullet When the first owner of copyright is the government or a public undertaking, the term of copyright is sixty years from the date of publication.
THE REMEDIES AVAILABLE TO THE OWNER FOR COPYRIGHT INFRINGEMENT- COURTS ARE EMPOWERED TO GRANT THE FOLLOWING RELIEF IN CASE OF INFRINGEMENT OF COPYRIGHT:
bullet Temporary and permanent injunction (Prohibition to continue the act of infringement).
bullet Impounding and destruction of all infringing copies.
bullet Actual monetary damages plus the infringer’s profits.
bullet Statutory Costs - Court charges and reasonable attorneys’ fees.
bullet The Court trying any offence, under the Copyright Act may, whether the alleged offender is convicted or not, order that all copies of the work in the possession of the alleged offender, which appear to be infringing copies be delivered up to the owner of copyright.
bullet In addition to civil remedy, the Copyright Act enables the owner of a copyright to take criminal proceedings against the infringer.
bullet The offence of infringement of copyright is punishable with imprisonment which may extend from a minimum period of six months to a maximum period of three years and a fine of Rs 50,000 to Rs 2 lakh.
PROCEDURE OF REGISTRATION OF COPYRIGHT
For service industries:
bullet To apply for search to ascertain, whether any work is on record which is similar to your artistic work
bullet If the search is positive, procuring the required documents for application
bullet Preparation of Power of Attorney on stamp paper
bullet Application for Registration and along with copies of the work
bullet Attending to the proceedings and obtaining Provisional Papers after necessary follow up
For other than service industries:
bullet Prior application for Trademark Registration is mandatory for Copyright Registration
bullet To apply for search to ascertain, whether any work is on record which is similar to your artistic work
bullet If the search is positive, procuring the required documents for application
bullet Preparation of Power of Attorney on stamp paper
bullet Preparation of Power of Attorney on stamp paper
bullet Preparation of Power of Attorney on stamp paper
REQUIREMENTS FOR MAKING COPYRIGHT APPLICATION
bullet Full Name, Address and Nationality of applicant (s) & that of author
bullet The year & country of first publication of the work
bullet List of Countries where the work has been published & the year of publication
bullet The year & The Country of last publication
bullet Six copies of the work
bullet Power of Attorney
What Rajput Consultancy Services Private Limited Offers
We offer Copyright registration services which are highly renowned as a one-window-solution provider for copyright registration services in Delhi and areas adjacent to Delhi. Our services consist of copyright attroney, copyright consultancy and appealing/contesting cases against copyright infringement. Copyright registration is also provided legal protection in India under The Copyright Act, 1957 as amended till date to "original works" of authors, writers, artists, music composers, etc. Our copyright registration services provide fast and effective evidence to protect the rights of authors.
We are one of the leading service providers in India for Copyright Registration. Copyright aims at providing protection to authors, writers, music, artists and composers on their creations. Our highly skilled and experienced professionals can help you to protect your original works from being copied without permission. The "Works" covered under copyright consist of varieties of literary works (novels, poems and plays), reference works (encyclopedias and dictionaries), newspaper articles, films, TV programs, musical compositions, artistic works (paintings, drawings, photographs and sculptures), advertisements, maps, technical drawings etc. Copyright also has the capability of protecting various sorts of intellectual works like websites or computer programs. Protection is provided for an assortment of both published and unpublished works. Our copyright services may include following:
bullet Copyright advice and assistance
bullet Copyright Registration
bullet Copyright searches and opinions
bullet Licensing copyright contracts
bullet Investigate the status of registrations and the scope of protection
bullet Filing copyright applications
bullet Assignment, licensing and transfer
bullet Infringement and validity advice.
bullet Specific agreements.
bullet Litigation: opposition, rectification, appeals, civil suits for infringement.
bullet Anti-piracy measures.
 
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