Informatics Publishing Limited

Prashant ¹, Ashwini Siwal ¹, Jayanta Ghosh ²

Affiliations
1 Faculty of Law, University of Delhi, Delhi — 110 007, Delhi, IN
2 West Bengal National University of Juridical Sciences, Salt Lake City — 700 106, Kolkata, IN

Abstract

The domain of SEPs is highly engrossed with multitude of issues, as it is generally understood. Most of the issues come from patent holders' anti-competitive behavior, which includes unilateral rejection to license, patent ambushes, patent hold-ups, strategic injunctive relief, royalty staking, and breach of F/RAND Commitments, both inside and outside of SSOs (national & international). One of the key tenets of standards is that they be universally recognized and applied once they have been approved. Suppliers view standards as a way to meet consumer needs while also offering a chance to pave the way for innovation through compatibility, complementarily and interoperability. Standards thus have an impact on both innovation and the dissemination of technology since they create a technological infrastructure with a significant public benefit component. The previous article provided the readers with a comprehensive introduction to SEPs and their implications in the modern intellectual property landscape. This issue of this yearlong series will take the baton further to dwell on the issues circumventing around this domain of SEPs.

Keywords

SEP, SSO, F/RAND, ASI, BIS, ETSI.

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Rima Ghosh ¹, Jayanta Ghosh ¹, Pinaki Ghosh ²

Affiliations
1 The WB National University of Juridical Sciences, Kolkata - 700 106, IN
2 DPIIT IPR Chair, The WB National University of Juridical Sciences, Kolkata - 700 106, IN

Abstract

The production or use of copyrighted material without permission of the copyright holder is copyright infringement. Copyright laws grant the owner of the copyright exclusive rights to their own creations, imaginations, and ideas for a limited time. Intellectual property rights protection and enforcement will promote social and economic well-being, protect individual rights, and promote trade, competition, and innovation. Exception and limitations in Copyright Laws are provisions that allow the use of copyrighted works without prior authorisation or a license from its owner in the public interest. But there has been seen that copyright infringement is taking place in the society. As the Clubs, bars and five stars restaurants are playing music by DJs of the famous singers and earning huge money day by day. It is pure economic exploitation of the creativity as per laws where singers should get the royalty benefit out of the income. If these people would get royalty, then they could pay some amount of royalty in the name of taxes to the government which would help and benefit in the country’s economy. There is relation between copyright and economy as it is for public welfare because copyright means human being’s creativity and the vice versa economy mean public income. So the aim of this research work is to share probable suggestions for the different issues on copyright exemptions clause under Indian copyright laws. This would also helpful to stop the economic exploitation of the singer as well as to raise country’s income which leads to public welfare.

Keywords

Copyright, Economy, Public, Welfare, Exemption Clause

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