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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