Creative Activities and the Law : Human Rights Approach

Contents: Foreword. Preface. 1. Law relating to creative activities/Brij Kishore Sharma. 2. New vistas of human creative activities and their protection under copyright law-a human approach/S.K. Verma. 3. Plant variety protection and farmers' rights/Basant Ram. 4. Copyright Act in digital environment: management, law and policy/Saleem Akhtar. 5. Compatibility of Enforcement Measures of Copyright Act with the TRIPS agreement/K.C. Joshi. 6. Evolution, protection and enforcement of knowledge based creations--some issues/Priti Saxena. 7. Copyright vis-a-vis societal rights: the Indian perspective of social engineering/D.K. Bhatt. 8. Relation of copyrights and human rights under TRIPS/Ram Naresh Chaudhuri. 9. Copyright: remedies and protection against infringement/J.S. Bisht. 10. Computer applications and protection of copyright/Kailash Chandra Sodani and Sunil Asopa. 11. Copyright-cultivation of mind: a exclusive human right/Nidhi Deepak. 12. Judicial development and interpretation of moral rights in India/Satish Chandra. 13. Creative activities and their protection under copyright in fine arts/Shekhar Chandra Joshi. 14. Protection of cultural rights under copyright in relation to indigenous peoples/Meena Pathani. 15. New dimension of human creative activities and their protection under copyright law/Brisketu Sharan Pandey. 16. Creative activities in power sectors (a comparative study of U.S.A. and India)/Devesh Darshan Pant. 17. The nature of rights and remedies under the copyrights law in India/Bhavani Prasad Panda. 18. Copyright as human rights under universal declaration of human rights/R.K. Pathak. 19. Intellectual property and copyrights system/Kala Munet and S.P. Meena. 20. Protect rights with digital watermark/Deepak Kumar Pandey. 21. Copyright and freedom of speech and expression under fundamental rights/S.R. Sharma. 22. Intellectual property and their protection under copyright law/S.K. Pandey. 23. Basic information for software copyright/P.C. Joshi and Deepak Kumar Pandey. 24. Some aspects of copyright law in India/A.K. Pandey. 25. Online copyright violation: with special reference to liability of internet service providers/Pallavi Gupta. 26. Copyright law--a humane approach/Syed Sadiq H. Abidi and O.N. Mishra. 27. Natural law theory of property and copyright: an analysis/S.C. Roy. 28. Whether infringement of copyright is violation of human rights: an assessment/Kiran Saksena. 29. Copyright under Indian constitution as human right with reference to directive principles of state policy and fundamental duties: an overview/S.M. Shukla. 30. Freedom of speech and expression and copyright in the light of human rights--an analysis/V.K. Singh. 31. Copyright law furthers free speech value in constitutional frame/Syed Naseer H. Rizvi and O.N. Mishra. 32. Infringement of copyright/R.K. Chaubey. 33. Protection of copyright under copyright law/Subhash Chandra Gupta. 34. Copyright infringement: a perspective view of software piracy/Rakesh Chandra and Tapan Chandola. 35. Copyright or authors' authority is the protector of human right generation to generation/Jay Prakash Yadav. 36. Protection of actor's rights as copyright: need to accord actors with 'moral rights'/Subhash Chandra Singh. 37. Patent Paranoia/Jyoti Priyadarshini Shrivastav. 38. The intellectual copyright regime should India copy the global trend: an overview/Samarika Singh and Apoorva Bhumesh. 39. Norms of creative activities/S.D. Sharma. Tables of cases. Index.

"This book deals with important aspects of human creative activities and the law. This is a compilation of articles written by eminent scholars with emphasis on the human rights approach of creative activities. In the changing circumstances of the World Trade and Commerce property created by the human being by his wisdom, knowledge and capacity is called intellectual property. This property is being protected by the law as a right of human being. Thus, protection of intellectual property is legal right. It results from the intellectual creativity in industrial, scientific, artistic and literary field. The creation of intellectual property is human mind, intellect and wisdom, that is why this property is called intellectual property. Intellectual property rights incorporate the bundle of legal doctrines. These doctrines are regulating the use of information in the form of expression. These creative activities as intellectual property are the material interests of human beings. Every human being has the right to the protection of the material interest resulting from any scientific, literary or artistic production of which he is the author. It is the duty of the state to respect this freedom indispensable for scientific research and creative activity.

This book is being presented on the new humanitarian approach of the creative activities as intellectual property rights. The present book traces history, development and future to creative activities. It points out the inconsistencies, surveys the case law and offers many sound suggestions." (jacket)