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Copyright and Acts which not deemed as Copyright Infringement

    Copyright is one of the branches of intellectual property accepted universally after the TRIPS [Trade-Related Aspects of Intellectual Property Rights ] agreement 1994. Its rules and regulations control and formulated by world intellectual property organisation. MEANING OF COPYRIGHT.. [ HEREINAFTER MENTIONED AS C.R ]   C.R based on the concept of the original creation of the work in the field of artistic, literary, cinematography, software programming, photographic works. It also includes the alteration work of the copyright registered work, validate under the purview of ‘flavour of the creativity doctrine’. These are the subject matters of CR (a) original literary, dramatic, musical and artistic works; (b) cinematograph films (c) sound recording [d] software programme [e] photographic work [f] designs, graphs and maps. Example music created by the composer, he is the creator also having the right to get a copyright for his work. Same it is applicable to director of movie and autho
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SMOKING IN PUBLIC PLACES , ITS LEGAL OR NOT?


The question here is that whether smoking in public place is a legal right of an individual , legal or illegal. Let’s check it…..

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There is no substantial law which penalise smoking in public place as an offence prior to mc deora case

As per article 21 , state shall not deprive any person his right to life and personal liberty ,except the procedure established by law.

There was a question in supreme court whether the smoker have a liberty to enjoy his life by smoking , by any other mean or public having a right to life by living in a pollution free environment.

In MC DEORA VS UNION OF INDIA 2001

Above mentioned question was arise in this case , where in this case supreme court observed that passive smoking is much dangerous to life than active smoking. When a person smoking privately he just affecting his own body . but when a person smoking in a public place he harms whole public . public effected by passive smoking.
non-smokers are afflicted by various diseases. There is no reason to compel non-smokers to be helpless victims of air pollution. According to the court, this is indirectly depriving the right of life of non-smoker without any due process of law. Supreme Court applied and suggest environmental jurisprudence in this case

supreme court suggests guideline..........

1. Banning upon selling or purchasing of tobacco products in the 100 meter radius of any education institution.

2. Fine imposition as a penalty , discretion upon the municipal corporation of a state to select the amount of penalty.

Outcome of this case……

The enactment, Cigarettes and other Tobacco Products (Prohibition ofAdvertisement and Regulation of Trade and Commerce, Production, Supplyand Distribution) Act, 2003 was legislated after the decision of the Supreme court.
This act is for licensing the valid vendor under this act to sell , manufacture or allow smoking in a special public place like hookah parlour

Conclusion…….

Supreme court held smoking in public place as a violation of article 21 and 14 of non smokers in public.
Smoking in public place is illegal and be subject to penalized by municipal corporate or ther delegated authority.

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