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IP Background

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“Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Act conferred on the owner of the copyright.”36

“The owner of the copyright in any work may assign the right, either wholly or partially and either generally or subject to limitations, [to the Government]* and either for the whole term of the copyright or for any part thereof, and may grant any interest in the right by license, but no such assignment or grant shall be valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by his duly authorized agent:”37 Civil remedies for infringement of copyright is provided that;

“ Where copyright in any work has been infringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all such remedies by way of injunction or interdict, damages, accounts and otherwise, as are or may be conferred by law for the infringement of a right.”38

For the matter relating to the provisions of this Act, we shall make a reference with a most recent case of U Hla Win and one other Vs. Daw Kyi Kyi (a) Daw Yin Wai Lwin 39 and it was held as follows:-
“Held: Since it is not in question that the respondent Daw Kyi Kyi, by her pen name Yin Wai Lwin (Pyay) has published a novel with a name ‘Hmaing Wai Chit Te Hket Thitsar’ in 1981, she has already acquired the copyright by section 1 (1) of the Copyright Act 1911, in the First Schedule from that time. Section 1 (2) (c) of such Act provides that copyright relating to a novel means the right to convert it into a dramatic work by way of performance in public other than to produce or reproduce.

Held further: The owner of the trademark may assign the right either wholly or party, either generally or subject to limitations. But section 5(2) of this Act provides that no such assignment or grant shall be valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by his duly authorized agent.

Held further: By section 2 (1), one shall be presumed infringing copyright had he used such copyright without the consent of the original owner.

Section 2 (1) of 1911 Copyright Act provides as follows:

Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Act conferred on the owner of the copyright.

U Hla Win and Daw Hla Hla Mu who are the owner of Hpo Wa Video Production, by converting the name of the novel ‘Hmaing Wai Chit Te Hket Thitsar’ of Daw Kyi Kyi, who is the owner of copyright without her consent into ‘Hmaing Wai Chit Thaw Hket Thitsar’ and produced video script to perform in public,
infringe the copyright acquired by the respondant Daw Kyi Kyi.”

It seems to be enough to conclude this Act and we should move to discuss about the last one.

36 Section 2 (1) of the Copyright Act 1911.
* Substituted by the Union of Burma (Adaptation of Laws) Order 1948.
37 Section 5 (2) of the Copyright Act 1911.
38 Section 6 (1) of the Copyright Act 1911.
39 1999 Burma Law Report p. 208-215

 

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