Theory of Neighbouring Rights

52 Pages Posted: 4 Nov 2005  

Dr. Sanjay Pandey

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

Date Written: February 5, 2005

Abstract

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, Dr. Sanjay, Theory of Neighbouring Rights (February 5, 2005). Available at SSRN: https://ssrn.com/abstract=838724 or http://dx.doi.org/10.2139/ssrn.838724

Sanjay Kumar Pandey (Contact Author)

National Law University, Jodhpur ( email )

NH-65, Nagaur Road, Mandore
Jodhpur-342004 (Raj), Rajasthan
India
91 291 5121595; 9828122466 (Phone)
91 291 2577540 (Fax)

HOME PAGE: http://www.nlujodhpur.ac.in

Government of India ( email )

India

HOME PAGE: http://mca.gov.in

Competition Commission of India ( email )

The Hindustan Times House
18-20 Kasturba Gandhi Marg
New Delhi, 110001
India

HOME PAGE: http://cci.gov.in

Amity Law School ( email )

F-1 Block, Amity University Campus
Sector 125
Noida, ND Uttar Pradesh 201005
India

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