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Quick Procedure to Apply Copyright for Software in India

Online Legal India LogoBy Online Legal India Published On 19 Nov 2020 Category copyright

Generally, Computer software which does not have a technical effect is protected under copyright law. For copyright protection, computer software needs to be original and sufficient effort and skill must be put into imparting its originality. Whether it is a startup or full-fledged business, today every company rely on technology and innovations. Therefore, the reason to protect this technology, you can easily copyright your software through its copyright registration.

Why do we need copyright protection of Software/Computer Programs in India?

Not only India but also the world around has seen explosive growth in the software industry for the last 25 years. As a result, the share of developing countries in the global software market has risen and now accounts for 5% of sales. Such figures are enough to justify the need for copyright protection of Software/Computer Programs in India.

Documents Required to Copyright a Software

  • Name, Address & Nationality of the Candidate – ID proof
  • NOC from the publisher if work published and publisher is different from the applicant.
  • Search Certificate from Trade Mark Office (TM -60) if any
  • NOC from a person whose photograph appears on the work.
  • Power of Attorney
  • 2 Copies of work
  • KYC of author
  • DD/IPO of Rs. per work ((as applicable)
  • NOC from the author if the candidate is different from the author.

Copyright registration: The process

  1. Discuss a copyright expert: about the category of Copyright registration.
  2. Filling the Application
  3. Examination of application: it is scrutinized by an examiner of authority.
  4. In case of an objection: filed the authorities send out letters to the concerned parties.
  5. Registration: Once everything is cleared from the side of registrar's end the applicant received and owner of that copyright can legally exercise all rights of copyright.
  6. Required information for the registration of copyright
  • Personal Information:- Name, address, and nationality of the applicant. Nature of the applicant whether he is owner and representative of that particular application.
  • Nature of work:- Class & description, the title of the work. The language of the work should be mention in the application.
  • Date of Publication:- If the possible date of publication in interval magazines should be mention.

Penalties for Software piracy or Infringement

The individual has to pay a penalty of ?1 lac and has to serve a punishment of 3 years imprisonment or penalty of ?2 lacs and has to serve a punishment of 5 years.

However, in the case of infringement, the individual is liable for penalty and punishments under section 66 and 67 mentioned as per the Copyright Act, 1957.

How Online Legal India will help you?

You can protect your software, computer programs safely with Online Legal India™. So, nobody can copy your skills. Copyright Application only protects in a unique way of how you express your creativity in your work. We believe in teamwork and aim to deliver the best in the industry 24*7, where you would also find 360° corporate legal assistance.

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Anjali Malhotra


Anjali Malhotra


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