END OF COPYRIGHT SECTION.
TO BE CONTINUED WITH TRADE MARKS LAW.
ALL RIGHTS RESERVED WITH THE AUTHOR.
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| | COPYRIGHT LAW REVISITED-XVII: CONCLUSION
THIS SEVENTEENTH ARTICLE IS THE CONCLUDING PART OF THE COPYRIGHT SECTION. IT WILL BE FOLLOWED BY TRADE MARKS LAW AS APPLICABLE IN INDIA.
The provisions of the Copyright Act, 1957 and the Information Technology Act, 2000 show that the Copyright protection in India is strong and effective enough to take care of the Copyright of the concerned person. The protection extends not only to the Copyright as understood in the traditional sense but also in its modern aspect. Thus, on-line copyright issues are also adequately protected, though not in clear and express term. To meet the ever- increasing challenges, as posed by the changed circumstances and latest technology, the existing law can be so interpreted that all facets of copyright are adequately covered. This can be achieved by applying the “purposive interpretation” technique, which requires the existing law to be interpreted in such a manner as justice is done in the fact and circumstances of the case. Alternatively, existing laws should be amended as per the requirements of the situation. The existing law can also be supplemented with newer ones, specifically touching and dealing with the contemporary issues and problems. The Information Technology Act, 2000 requires a new outlook and orientation, which can be effectively used to meet the challenges posed by the “Intellectual Property Rights” regime in this age of information technology. Till the country has such a sound and strong legal base for the protection of Intellectual Property Rights, the judiciary should play an active role in the protection of these rights, including the copyright. The situation is, however, not as alarming as it is perceived and the existing legal system can effectively take care of any problems associated with copyright infringement.
END OF COPYRIGHT SECTION. TO BE CONTINUED WITH TRADE MARKS LAW. ALL RIGHTS RESERVED WITH THE AUTHOR. http://perry4law.rediffblogs.com/
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