Open Access
Authors: MR. HARSHA C & MS. AKHEKIVIMI K CHISHI
Registration ID: 103614 | Published Paper ID: WBL3614 & WBL3615
Year: Jan - 2025 | Volume: 3 | Issue: 1
Approved ISSN: 2581-8503 | Country: Delhi, India
DOI Link:
[1] White Paper on the use of Artificial Intelligence in Trade Facilitation (2024)[2] “Artificial intelligence (AI) systems are software systems designed by humans that, given a complex goal, act in the physical or digital dimension by perceiving their environment through data acquisition, interpreting the collected structured or unstructured data, reasoning on the knowledge or processing the information derived from this data, and deciding the best action(s) to take to achieve the given goal. AI systems can either use symbolic rules or learn a numeric model, and they can also adapt their behaviour by analysing how the environment is affected by their previous actions.”[3] “Discipline of computer science that is aimed at developing machines and systems that can carry out tasks considered to require human intelligence, with limited or no human intervention.”[4] Trends and Developments in Artificial Intelligence – Challenges to the Intellectual Property Rights Framework (2020).[5] For reference in the future, will be referred as illustration 1 @ footnote 5.[6] For future reference, will be referred as Illustration 1 @ footnote 6.[7] Berne Convention for the Protection of Literary and Artistic Work referred in Moerland, A. (forthcoming), ‘AI and Intellectual Property Law’, in: Lim, E. and Morgan P., The Cambridge Handbook of Private Law and Artificial Intelligence, Cambridge University Press – accepted for publication in a revised form Available at ssrn_id4203360_code2287607.pdf (elsevier-ssrn-document-store-prod.s3.amazonaws.com)[8] “In relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created”[9] Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:Provided that--(a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work;(c) in the case of a work made in the course of the authors employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;[10] For reference in the future, will be referred as illustration 2 @ footnote 10.[11] “Company means a company incorporated under this Act or under any previous company law”[12] Law, University of Kashmir, “Nature of Company”, available at company_intro.pdf (uok.edu.in).[13] The principles are referred from Robbin Singh, “UNDERSTANDING THE CONCEPT OF ORIGINALITY UNDER COPYRIGHT LAW IN INDIA”, Law Mantra think beyond others available at *11.pdf (lawmantra.co.in).[14] R.G. Anand v. Delux Films & Others, AIR 1978 SC 1613[15] University London Press v. University Tutorial Press, [1916] 2 Ch 601.[16] “Merely because time, energy, skill and labour were expended (ie, originality of skill and labour).”[17] Burlington Home Shopping v Rajnish Chibber. 61 (1995) DLT 6.[18] Feist Publications Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) Feist Publications Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991).[19] For future reference, will be referred as illustration 3 @ footnote 19.[20] “Compulsory licence in works withheld from public. - (1) If at any time during the term of copyright in 1[any work] which has been published or performed in public, a complaint is made to the 2[Commercial Court] that the owner of copyright in the work--(a) has refused to republish or allow the republication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or(b) has refused to allow communication to the public by 3[broadcast] of such work or in the case of a 4[sound recording] the work recorded in such 4[sound recording], on terms which the complainant considers reasonable,the 2[Commercial Court], after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registrar of Copyrights to grant to the complainant a licence to republish the work, perform the work in public or communicate the work to the public by 4[broadcast], as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the 2[Commercial Court] may determine; and thereupon the Registrar of Copyrights shall grant the 5[licence to such person or persons who, in the opinion of the 2[Commercial Court], is or are qualified to do so] in accordance with the directions of the 2[Commercial Court], on payment of such fee as may be prescribed.”[21] “31A. “Compulsory licence in unpublished [or published works]. — [(1) Where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in India, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the [Appellate Board] for a licence to publish or communicate to the public such work or a translation thereof in any language.]”
