INTERNATIONAL COPYRIGHT

ORDER, 1999
[S.O.228(E), dated 24th March 1999,
published in the Gazette of India,
Extra Pt II, Sec. 3 (i), dated 6th April
1999]

What is Copyright?
Copyright is a legal concept that grants

authors and artists control over certain

uses of their creations for limited periods of
time.
Copyright owners can limit who may copy,

change, perform, or share their works.

Context requires to implement

the order
In this Order, unless the context otherwise requires: "Berne Convention Country" means a country which is a member of

the Berne Copyright Union

"Phonogram" means an exclusively aural fixation of a performance or

other sounds,
"Phonograms Convention Country" means a country which has either

ratified, or accepted, or acceded to the Convention for the Protection of

Producers of Phonograms against Unauthorised Duplication of their
Phonograms, done at Geneva on the Twenty ninth day of October,
"Schedule" means the Schedule appended to this Order.
"Universal Copyright Convention Country" means a country which

has either ratified, or accepted, or acceded to the Universal Copyright

Convention,
"World Trade Organisation Country" means a country which is a

member of the World Trade Organisation and which has either ratified, or
accepted, or acceded to the Agreement on Trade Related Aspects of
Intellectual Property Right, 1994.

Subject to the provisions of the

Copyright Act, 1957
to any work first made or published in a

country mentioned in Part I, II, III, IV or VI of

the Schedule,
to any work first made or published in a
country other than a country mentioned in
the Schedule
to an unpublished work, the author whereof
was, at the time of the making or
publication of the work, a national or
domiciled in any country mentioned in the
Schedule,

SCHEDULE
Berne convention countries which have ratified/accepted/

acceded to the 1971 text of the convention 136

countries
Berne convention countries which are yet to ratify/ accept/
accede to the 1971 text of convention 8 countries
Universal copyright convention countries which have
ratified/accepted/acceded to the 1971 text of the
convention 58 countries
Universal copyright convention countries which are yet to
ratify/ accept/accede to the 1971 text of the convention
36 countries
Phonograms convention countries 62 countries
The world trade organisation countries 137 countries

Basic Principles
It is a negative right,
It is a right with limitation
Temporal limitation
Permitted use or Fair use
Geographical Limitation
Compulsary Licenses
Copyright vests in original work and not on

Ideas

Basic Principles
Copyright is a bundle of rights

Economic rights:
Reproduction right, distribution right, public
performance right, broadcasting rights, etc.,
Moral right:
Right to Paternity (to claim authorship), Right
to integrity (to object to any mutation)
Neighbouring right:
Right of performers, Right of producers of
Phonograms.

HAWKINS COOKER LTD. v. MAGICOOK

APPLIANCES, 100 (2002) DLT 2008
Court ordered for perpetual injunction restraining the

defendants, their servants, agents etc. from using a get up

of label in relation to pressure cookers which is deceptively
similar to the label of the plaintiff (complianant) having
distinctive features and registered under the provisions of
the Copyright Act, 1957. The defendants were also
restrained from dealing with the cook books of the plaintiff
company and were directed to deliver up to the plaintiff
company for destruction all such pressure cookers and
books complained against and all accessories and articles
employed by the defendants in the manufacture of the
offending goods which are in the custody, power,
possession and control of the defendants. The plaintiff
company is also entitled to damages arising upon the
rendition of accounts by the defendants.