Theory of Neighbouring Rights

52 Pages Posted: 4 Nov 2005

See all articles by Dr. Sanjay Pandey

Dr. Sanjay Pandey

Government of India; Competition Commission of India ; Amity Law School; National Law University, Jodhpur

Date Written: February 5, 2005


It is not possible to segregate Copyright and neighboring rights so to provide a separate legal regime for protection of neighboring rights. International developments in this area of intellectual property has created so much so trade interest that WIPO, and WTO stand together on the issues of protection and compel the member-countries to bring their domestic laws in conformity with international commitment that facilitates trade. This shows that neighboring rights have acquired a status, from which no relegation is possible now, what is left is to move further and devise stringent legal regime to strengthen these intermediary rights. Both treaties particularly deal with the use of copyright protected works, performances and sound recordings in digital networks, such as the Internet. Authors, performers and phonogram (i.e. record) producers are granted a broadly worded exclusive right of communication to the public, covering interactive services and delivery on demand. Still a lot needs to be done to cope up with the developing aspects of neighboring rights. The world looks ahead to WIPO webcasting treaty in order to see a bright dawn of the neighboring rights protection regime.

Keywords: webcasting, performers, neighboring right, legal regime

Suggested Citation

Pandey, Sanjay Kumar, Theory of Neighbouring Rights (February 5, 2005). Available at SSRN: or

Sanjay Kumar Pandey (Contact Author)

Government of India ( email )



Competition Commission of India ( email )

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