In recent news, it has been reported that the Union Minister for Electronics and Information Technology was locked out of his Twitter account temporarily due to a supposed violation of the US’ Digital Millennium Copyright Act (DMCA) 1998.
Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act (DMCA) is a pioneering law passed in the United States, known as one of the first globally to recognise Intellectual Property (IP) rights on the internet. The DMCA oversees the application of two important treaties signed in 1996 by members of the World Intellectual Property Organisation (WIPO).
Compliant Procedure and Compliance
Content creators who believe their original work has been unauthorisedly reproduced by a user or a website can lodge a complaint, citing their intellectual property rights have been violated. With regard to social media parties such as Facebook, Instagram, and Twitter, proprietors can directly approach the platform with proof of their original content. As these firms operate in countries that are part of the WIPO treaty, they are mandated to remove the disputed content upon receiving a legal DMCA takedown notice.
About WIPO Treaties
WIPO members have agreed on two key treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, both of which count India as a member. The treaties mandate member nations to furnish protection to Intellectual Property created by citizens of co-signatories. Furthermore, this protection should not be less than what is offered to domestic copyright holders and should prevent circumvention of protective measures employed for copyrighted works.
Intellectual Property Defined
Intellectual Property refers to intangible creations of the human mind, primarily covering copyrights, patents, and trademarks. Also included are trade secrets, publicity rights, moral rights, and rights against unfair competition. World Intellectual Property Day is celebrated internationally on April 26 each year.
World Intellectual Property Organisation (WIPO)
Established in 1967, WIPO is one of UN’s oldest specialised agencies, created to foster creative activity and promote global IP protection. Today, it administers 26 international treaties and has 193 member nations, including India. Headquartered in Geneva, Switzerland, WIPO also serves as a policy forum shaping balanced international IP rules for a changing world and provides global services to protect IP across borders and resolve disputes.
Indian Laws Governing Intellectual Property
In India, several laws govern intellectual property rights, which includes the Trade Marks Act (1999), the Patents Act (Amended in 2005), the Copyright Act (1957), and many more. These comprehensive legal frameworks are designed to provide robust protection for all forms of intellectual property unique to individuals or entities within the Indian jurisdiction.
