Emergence of ‘Neighbouring rights’ a new approach toward IPR

Zafar Bhat. Dated: 7/15/2017 10:57:36 AM

Zafar Bhat
Jammu, July 14
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961 is an important international convention in the direction of the protection of the “neighbouring rights”.
In fact, “Neighbouring rights” as the rights of Performers, Producers of Phonograms and Broadcasting Organisations have emerged later in the course of

the development of the intellectual property law with the development of science and technology.
However, intellectual property law not only protects the technically defined intellectual property rights but such right of the performers also which stand in close association with the intellectual property right, know as neighbouring rights.
New technologies like audio-cassettes or DVDs, handy cameras etc. have made the reproduction of sounds and images much easier and cheaper and even without knowing anybody reproducing the sound and images. For example, a performer gives a dance performance by charging good fee does not give her consent to the recording of her performance for further commercial exploitation. In such a case if a person records the performance without the consent of the performer and then sell it for commercial gain, then he is infringing the neighboring right of the performer over her performance under the intellectual property law.
Neighbouring rights were not protected by the “Berne Convention for the protection of literary and artistic works, 1886” as they accorded recognition under the intellectual property law at the later stage. “Neigbouring rights” are provided from section 37-39A in Copyright Act, 1957, of India.
Pertinently, “ Neigbouring rights”are the rights of Performers, Producers of Phonograms and Broadcasting Organisation, which are also known as the “related rights” of the intellectual property rights, need to be protected by government through effective enforcement of law.


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