July 01, 2012 International Law

Intellectual Property and Outsourcing to India

As global outsourcing to India increases, the protection of intellectual property (IT), including any trade secrets or confidential information that may be transferred to or created in India in the context of outsourcing, is a critical concern for the offshoring company.

Copyright protection. Under the Indian Copyright Act of 1957 and Copyright Rules of 1958, copyright subsists in an original literary work; in an original dramatic work and its adaptation; in an original musical work, including in a software program; in a painting; in a film; in a sculpture; in a drawing, as well as a diagram, map, chart, or plan; in an engraving or a photograph, whether or not any such work possesses artistic quality; in an architectural work of art; and in any other work of artistic craftsmanship. Copyright is protected for 60 years following the death of the author, 25 years from first broadcast, or 60 years from first publication of the photograph, motion picture, or sound recording. Notably, although computer programs that show technical effects are arguably patentable under Indian patent law, software or computer programs are not patentable per se.

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