Copyright Objection

Online Copyright Objection in India

Package

Basic

RS. 2499/-

RS. 5000/-

1.
Free Copyright Consultation By expert
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Get free consultation from our highly experienced experts in regard to Copyright Objection.
2.
Drafting and Filing Objection reply of Copyright application of – books, Original literary, magazines, art work, logos, periodicals, audio recording, videos, cinematography films.
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Our drafting experts will draft the reply against the Copyright objection received and speedy filing of objection reply.
3.
Drafting of Fresh Power of Attorney
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Before filing Copyright objection reply Power of Attorney (POA) required to be executed in the name of agent and duly stamped & notarized POA provided by applicant.
4.
Tracking & updates of Copyright status
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Obtain hassle-free services without frequent follow-ups. Get up-to-date status of Copyright from LEGALDISHA.
5.
Call, Chat, Email Support
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Contact us at call, chat or mail for updates and guidance.
6.
No hidden charges
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LEGALDISHA provides you transparency in charges. No hidden extra cost required.

HOW WE WORK

1. Fill the form and make nominal payment required.

2. After receipt of payment Our experts will connect to you regarding documentation and process.

3. Drafting and Filing of objection reply by our experts team.

4. Delivery of acknowledgement of Objection reply filed to you.

CONGRATULATIONS YOUR REPLY TO COPTYRIGHT OBJECTION IS FILED. !!!

DOCUMENTS REQUIRED FOR REGISTRATION

Copyright application & SOP

Copy of Copyright application filed
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Copy of Statement of Particulars (SoP) and Further Particulars (SoFP).

Discrepancy letter

Discrepancy letter issued by registrar.

Supporting Evidence Documents

Additional Documents required as evidence (if any).

Power of Attorney

Duly signed, stamped & notarized POA by the applicant.

Affidavit

Duly stamped & notarized affidavit by applicant for supporting the reply (if required).

While proceeding for copyright registration if the registrar finds any discrepancy in the application on the basis of certain grounds like existence of similar work or duplicity of work with other’s work then objection shall be raised by registrar and seek clarification for the same from the applicant.

Applicant is provided with period of 30 days to reply the discrepancy. Copyright objection may be raised by Registrar by issuing a discrepancy letter to the applicant within 30 days from the date of filing application.

PROCEDURE FOR REPLYING TO COPYRIGHT OBJECTION

To Analyse Copyright Objection is the very first step for replying the copyright objection, understanding why it is objected, and under which relevant section of the act it is objected.

Proper and careful Drafting of Reply should done in such a manner that it should include all the relevant rule of law and judgement supporting the case and the reasons why it gets copyrighted along with.

After drafting of valid reply, within 30 days of issue of discrepancy letter it should be filed along with all necessary documents with the registrar.

After examination of reply by the registrar, When the it finds the reply of objection to be valid it will waive the copyright objection and proceed with copyright registration and issue a copyright registration.

CONSEQUENCES OF NON FILING OF REPLY

In case reply is not filed within 30 days of issue of discrepancy letter the copyright application shall be cancelled by the registrar and the application status shall be updated as “Rejected”.

To avoid such harsh action of rejecting the application by the Registrar, applicant is required to file a reply to the copyright objection within the specified period.

FREQUENTLY ASKED QUESTIONS

What is meant by registration under copyright?

Copyright Act, 1957 and its rules framed there under defines Copyright as it is an exclusive right for creation of intellectual work to perform, communicate, reproduce, translate and adapt, his work to general public and exclude others from doing is called an intellectual property which is granted to the creator of the Copyright which can be assigned or license by the respective owner of copyright.

What are the protection covered under copyright?

Following are the works to get registered under copyright act-

Architectural works.
Computer software works.
Cinematographic, theatrical and choreographic works.
Motion pictures and other audiovisual works.
Photographic, painting and sculptural works.
Sound Recordings.
Dramatic works.
Musical works.
Literary works.

What are the steps involved in filing reply to copyright objection?

The steps involved in filing reply to copyright objection are-

Analyze copyright objection, understand why it is objected.
Careful Drafting of Reply including all relevant case laws and judgements.
Filing of Reply with registrar.
Proceed with copyright registration.

What is the eligibility for registration of copyright?

Application for registration of copyright is filed by the original author/creator or by the authorized agent or by someone related to the author/creator who has obtained ownership rights from the author for the work.

What are the minimum requirements of copyright?

Following are the requirements to fulfill the copyright of any work:

The work must be written or recorded.
The work should be original.
Specific agreement of adaptation is required, if the work is adopted from the original author.

Why copyright objection is raised?

The Copyright application may be objected by registrar due to the following reasons:

When similar work already exists.
When there is similarities in an application.

What are the documents required for replying to copyright objection?

Following are documents required for replying copyright objection:

Discrepancy letter issued by registrar.
Copy of copyright registration application.
Supporting documents of reply.
Affidavit, (if required).

What is copyright of website?

A website contains several items, such as literary work, source code and object code, images, artistic work, etc., all of which cannot be copyrighted in one application, as separate applications for each form of work are needed to be filed.

What is the validity period of copyright of the work?

Your literary or artistic work or musical copyright shall valid for lifetime of the creator and even it remains valid for 60 more years after the death of creator.

Do the applicant requires to present physically for filing copyright objection?

No, You are not required to be physically present for the registration process.

What is meant by copyright diary number?

Copyright Diary Number is a unique application number generated at the time of Copyright application submission online. Dairy Number can be used to track down your copyright application from this number.

Can applicant of copyright use the copyright symbol even if application is objected?

Yes, applicant of copyright can place the copyright symbol on any original piece of work produced by him/her. The use of the copyright symbol is also similar to the use of the trademark symbol, work does is not required to be registered for its use.

What right an applicant receive by registering the work under copyright?

The right an applicant receive by registering the work under copyright are-

Right of issuing copies of work to the public.
Right to reproduce the work.
Right of publication.
Right to perform the work publicly.
Right to integrity.
Rights to translate the work.
Right to make an adaption and change.

Difference In All IPR

BASIS OF DIFFERENCE	TRADEMARK Register Now	COPYRIGHT Register Now	DESIGN Register Now	PROVISIONAL PATENT Register Now	PERMANENT PATENT Register Now
PROTECTION	Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others.	Creative or Intellectual Creations It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc.	Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
PROTECTION VALIDITY	10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years.	Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author.	10 Years Valid for 10 years from the date of its registration.	1 Year Validity of Provisional Patent is for 12 months from the date of filing application of Patent. Within 12 months Documents has to file for permanent patent otherwise it will be abandoned.	20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed.
EXCLUSIVE RIGHTS OF OWNER	Brand w.r.t. Product /Services Use of trademark within the applied class. Protection from unauthorized use and give right to sell the brand.	Distribution of Copies & Perform Work Publicly Right to reproduce the work, to perform the work publicly, to distribute copies, to prepare derivative works and to display the work publicly. Copyright owner has authority to assigning, transfer the work by licensing, and other forms of transfers.	Authority to Use, Sell, Make Etc. It gives authority to Use, sell, make, offer for sell, import the registered design.	Protection from copy of idea Protect from copy of the invention or infringement of Patent.	Authority to Use, Sell, Import Etc. Provide right to Use, sell, import, make with patented idea.
APPLICANTS	Businesses Application made by business owners or owners of product.	Artists, Creative Professionals Artists, Author, Choreographers, Creative Professionals, Architect.	Designer Creator of design.	Inventor Many inventors/businesses who wish to patent their inventions even before they are finalized through a provisional patent.	Inventor Application by Inventors and designers who invented any original invention or with improved function.
SYMBOLS ASSOCIATED	TM & ® TM – Registration under process. ® – Registered Trademark.	© © is the symbol of copyright.	NA No symbol to represent Design.	NA No symbol to represent provisional Patent. Can use tag ‘Patent Pending’ on product any time in 12 months.	NA No symbol represent registered Patent.
EXAMPLE	Brand’ “Apple ”, Logos – the Half Cut Apple Puma, Dairy Milk, Coca Cola etc. are the brand names.	A Copyrighted Book Music, pictures, songs, darling etc.	Ornaments Packaging and shape, graphic symbols, composition of lines etc.	Technology Inventions in pharmaceutical industry.	Technology New computer programs inventions. New invention in pharmaceutical industry.
TIME TAKEN	12-18 Months It takes 12-18 months to complete the process.	4-8 Months It takes nearly 4–8 months to get a copyright. (Without objection) Otherwise nearly 1–2 years.	Prescribed As per the Design Act, 2000 and rules made there under.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.
TERRITORIAL REACH	Territorial Right Only effective in India and Separate application has to file for protection in different countries.	Most of Countries Available in most of the countries of the world.	Territorial Right Design protection is obtained by filing an application in each country/region of interest.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.
GOVERNING BODY	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	Copyright Office Governed by Copyright Office, Government of India.	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).

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