The major intellectual rights protections enjoyed by the creator of an original work typically include: Copyright: Copyright protection grants the creator exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their original work. It applies to literary, arRead more
The major intellectual rights protections enjoyed by the creator of an original work typically include:
- Copyright: Copyright protection grants the creator exclusive rights to reproduce, distribute, perform, display, and create derivative works based on their original work. It applies to literary, artistic, musical, and dramatic works, as well as software, films, and other creative expressions. Copyright protection automatically applies upon creation of the work in a tangible form (e.g., writing, recording, or saving to a disk), and typically lasts for the life of the author plus 50 or 70 years, depending on the jurisdiction.
- Patents: Patents protect inventions and grant the creator exclusive rights to make, use, sell, and import their invention for a limited period, usually 20 years from the filing date of the patent application. Inventions must be novel, non-obvious, and useful to qualify for patent protection.
- Trademarks: Trademarks protect distinctive signs, symbols, logos, or words used by businesses to distinguish their goods or services from others in the marketplace. Trademark rights prevent others from using similar marks in a way that could cause confusion among consumers.
- Trade Secrets: Trade secrets protect confidential business information, such as formulas, processes, techniques, or customer lists, that provide a competitive advantage. Unlike patents, trade secrets do not expire as long as they remain confidential and are properly protected.
Regarding the concept of “modicum of creativity,” it refers to the level of originality or creativity required for a work to qualify for copyright protection. In most jurisdictions, including the United States, copyright protection extends to original works of authorship that are fixed in a tangible medium of expression. Originality does not require that the work be novel or unique in an absolute sense; rather, it must be independently created by the author and possess at least a minimal degree of creativity.
The “modicum of creativity” standard is relatively low and typically excludes works that are merely mechanical or trivial. However, it does not require that the work be groundbreaking or innovative. For example, a short poem, a simple drawing, or a basic piece of software code can meet the threshold of originality and qualify for copyright protection as long as it reflects some creative effort by the author.
India has diverse legal remedies against discrimination on the place of employment but this is not an exhaustive regime. This includes the following key laws and constitutional provisions: Constitutional Provisions: Article 14: Equity before the law Article 15: Bans discrimination based on religion,Read more
India has diverse legal remedies against discrimination on the place of employment but this is not an exhaustive regime. This includes the following key laws and constitutional provisions:
Constitutional Provisions:
Article 14: Equity before the law
Article 15: Bans discrimination based on religion, race, caste, sex or place of a person’s birth.
Specific Laws:
Equal Remuneration Act, 1976: Equality for women at the workplace-whereas every man is paid for the same work he does every woman is also paid the same for the work she does.
-The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): Of particular note is prevention of sexual harassment of women at workplace and mandatory setting of Internal Complaints Committees.
-The Rights of Persons with Disabilities Act, 2016: Gives civil rights to people with disabilities and safeguards them against employment and all other types of discrimination.
Other Relevant Laws:
-Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: It helps to ensure that the oppressed sections are not discriminated or victimized in one or other way.
-Maternity Benefit Act, 1961: It safeguards the women employees right to maternity.
Despite these laws, there are still issues that exist:
Lack of Overall Legislation: Currently, there doesn’t exist a general code that focuses on the act of discriminating employees in their workplace with the exception of discrimination based on sexual preferences.
Challenges in Implementation: To enforce these laws, particularly in the informal sectors is rather difficult.
-Social and Cultural Barriers: More often, ideological prejudice at the societal and cultural level is the biggest hindrance for the right enforcement of anti-discrimination laws.
However, all these aspects can be enhanced with enhanced awareness, better enforcement of laws and future legislative changes to enhance the conditions of the Indian workplace to make them suitable for SC/STs and women.
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