The Copyright Act, 2002 प्रतिलिपि अधिकार ऐन, २०५९ | |
---|---|
Parliament of Nepal | |
| |
Citation | Act No. 8 of 2059 (2002) |
Enacted by | Parliament of Nepal |
Enacted | 15 August 2002 |
Royal assent | 15 August 2002 |
Commenced | 15 August 2002 |
Amended by | |
Some Nepal Acts relating to Export and Import and Intellectual Property Act, 2063 (2006) | |
Status: Current legislation |
The Copyright law of Nepal governs copyright, the right to control the use and distribution of artistic and creative works in Nepal and also encourages the creation of art and culture by rewarding authors and artists with a set of exclusive rights. [1] It is embodied in the Copyright Act, 2059 (2002), the Copyright Rule, 2061 (2004) and their amendments. Nepal Copyright Registrar's Office handles copyright registration, recording of copyright transfers and other administrative aspects of copyright law. In Nepal, the Copyright Act of 2059 B.S. defines a “Copyright Work” as any original and intellectual work in literature, art, science, or any other field. The author of such a work is known as the Copyright Owner and is entitled to various rights, including Economic Rights, Moral Rights, and Royalty Rights. [2]
The Copyright Act, 2002 (Nepali : प्रतिलिपि अधिकार ऐन, २०५९) was enacted by Parliament of Nepal and came into force on 15 August 2002. It repealed the previous Copyright Act, 2022 (1965). [3]
Nepal also has a trademark regime in Nepal embodied in the Patent, Design and Trademark Act, 2022 (1965) whereby a person can obtain ownership of the trademark for their business by registering it within the Department under Section 18 of the Act. [4] However, the business [5] must either be registered under the Department of Small and Cottage Industries or Department of Industry. [6] Patent law in Nepal provides legal protection for inventions and innovations. It grants inventors exclusive rights to their creations for a specified period. [7] The Patent, Design and Trade Mark Act, 2022 (1965) governs patent law in Nepal.
According to the law, the owner of copyright shall have the exclusive right to reproduce, translate, revise or amend, sell, distribute or rent, broadcast or communicate the work to the general public. These rights are given for one time, it cannot be reissued once the duration is over.
The author is entitled for his lifetime, irrespective of the validity of the copyright, to get his/her name mentioned in copies of the work or in his/her work where it is used publicly and to make necessary amendment or revision in the work. [8]
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
The first-sale doctrine is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving, video rentals and secondary markets for copyrighted works. In trademark law, this same doctrine enables reselling of trademarked products after the trademark holder puts the products on the market. In the case of patented products, the doctrine allows resale of patented products without any control from the patent holder. The first sale doctrine does not apply to patented processes, which are instead governed by the patent exhaustion doctrine.
Industrial property is one of two subsets of intellectual property, it takes a range of forms, including patents for inventions, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
The Canadian Intellectual Property Office is responsible for the administration and processing of the greater part of intellectual property (IP) in Canada. CIPO's areas of activity include patents, trademarks, copyright, industrial designs and integrated circuit topographies. Structurally, CIPO functions as a special operating agency (SOA) under Innovation, Science and Economic Development Canada. CIPO is based in Gatineau, Quebec, part of the National Capital Region. CIPO’s Chief Executive Officer is Konstantinos Georgaras.
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.
A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.
Canadian trademark law provides protection to marks by statute under the Trademarks Act and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services. A mark can be protected either as a registered trademark under the Act or can alternately be protected by a common law action in passing off.
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
A trademark is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design.
The Copyright Clause describes an enumerated power listed in the United States Constitution.
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976, and went into effect on January 1, 1978.
Layout designs (topographies) of integrated circuits are a field in the protection of intellectual property.
The laws of Thailand are based on the civil law, but have been influenced by common law.
Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.
Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. Creators of intellectual property gain rights either by statute or by the common law. Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level.
Registration of intellectual property in Ghana is key to safeguarding one's intellectual efforts from infringement. Intellectual property law of Ghana encompasses intellectual property (IP) laws in Ghana, such as laws governing copyright, patent, trademark, industrial design rights, and unfair competition. The main intellectual property laws in Ghana include the Copyright Act, 2005, the Patents Act, 2003, the Trademarks Act, 2004, the Industrial Designs Act, 2003 and the Protection Against Unfair Competition Act, 2000. These are supplemented by regulations passed by the Legislature to augment the rate of development under IP laws.
Copyright in South Africa consists of various classes of works of intellectual property, which in terms of section 2(1) of the Copyright Act 98 of 1978 are eligible for copyright and that copyright can exist in them if they are original and comply with certain requirements. The classes of works include literary works, musical works, artistic works, cinematograph films, sound recordings, and broadcasts. This article is about cinematograph film and the registration of copyright.