RESEARCH METHODOLOGY & IPR – BRMK557 2024-25

MAHARAJA INSTITUTE OF TECHNOLOGY MYSORE

BELAWADI, SRIRANGAPATNA Taluk, MANDYA-571477
Department of Computer Science and Business System
(Academic Year – 2024-25)
Important Questions Module 3
Semester: 5th
Subject Name: Research Methodology and IPR Subject Code: BRMK557
Staff Name: Dr. Honnaraju B
1. What types of inventions are eligible for patenting, and which matters are
considered non-patentable?
Answer:
INVENTIONS ELIGIBLE FOR PATENTING
• Patents may be granted for inventions/technologies in any field, ranging from a
paper clip or ballpoint pen to a nanotechnology chip or a Harvard mouse (mouse with
cancer genes).
• It is a general belief that patents are awarded only to major scientific
breakthroughs. But, it is not true.
• In fact, the majority of patents are granted to inventions displaying an improvement
over the existing invention.
• For example, many patents can be awarded to a single molecule e.g. penicillin‘s (an
antibiotic that kills microbes) and its derivatives. The derivatives are made by making
subtle changes in the structure of the penicillin resulting in new/improved properties,
such as acid stability or temperature stability or killing a wide range of microbes
(germs). The new antibiotic molecules, known as second, third or fourth generation
penicillin‘s can also be patented.
• In our daily life, we use many patented items, such as toothbrush, toothpaste,
shoes, pen, eyeglasses, textiles, mobile phones, wrist watch, bicycle, scooter, car,
television, cold drinks, beverages and many more.
• It is not uncommon that many products contain several inventions (patents) e.g.
the laptop computer involves hundreds of inventions working together. Similarly,
cars, mobile phones and televisions have many patented components.

NON-PATENTABLE MATTERS
In the Patent Act, 1970, there are some exclusion (product and processes) that cannot
be patented, such as:
• Invention contrary to public morality - a method for human cloning, a method
for gambling.
• Mere discovery - finding a new micro-organism occurring freely in nature, laws of
gravity.
• Mere discovery of a new form of a known substance - use of aspirin for heart
treatment. Aspirin was patented for reducing fever and mild pains.
• Frivolous invention - dough supplemented with herbs, merely changing the taste
of the dough, 100 years calendar, and bus timetable.
• Arrangement or rearrangement - an umbrella fitted with a fan, a torch attached to
a bucket.
• Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 - inventions
relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium,
Graphite, Lithium and more as notified by the Central Government from time to time.
• Literary, dramatic, musical, artistic work - books, sculptures, drawings,
paintings, computer programmer, mathematical calculations, online chatting method,
method of teaching, method of learning a language as they are the subject matter of
Copyright Act. 1957.

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• Topography of integrated circuits - protection of layout designs of integrated

circuits is provided separately under the Semiconductor Integrated Circuit Layout
Designs Act, 2000.
• Plants and animals - plants and animals in whole or any part including seeds,
varieties and species and essentially biological processes for the production or
propagation of plants and animals are excluded from the scope of protection under
patents.
• Traditional knowledge - an invention which in effect is traditional knowledge or
which is an aggregation or duplication of known properties of traditionally known
components are also excluded.

2. Explain the major steps involved in the process of filling patent applications
using a flow chart.
Answer:
The major steps involved in this process are listed in figure

• While the process of patenting includes – Prior art search, Choice of Application
to be Filed, Patent Application Forms, Jurisdiction of Filing Patent Application,
Publication, Pre-grant Opposition, Examination, Grant of a Patent, Validity of Patent
Protection, Post- grant Opposition

PRIOR ART SEARCH

• Before an inventor embarks upon the patent filing process, he has to ensure that
his invention is novel as per the criterion for the grant of a patent. For this, he/she has
to check whether or not his invention already exists in the public domain.
• For this, he/she needs to read patent documents and Non-Patent Literature
(NPL), scientific journals/reports/magazines, etc.

CHOICE OF APPLICATION TO BE FILED

Once a decision has been made to patent the invention, the next step is, what
kind of application needs to be filed i.e. provisional patent application or complete
(Final) patent application - generally, the provisional patent application is preferred
for the following reasons:
• It is cheaper, takes less time, and involves fewer formalities.
• Any improvements made in the invention after the filing of the provisional
application can be included in the final application. In other words, the
provisional application does not require complete specifications of the
inventions. The application can be filed even though some data is yet to be
collected from pending experiments.

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• A provisional application allows you to secure a priority date for the patent
applied.

PATENT APPLICATION FORMS

• As per the Patent Act, 1970 (Section 39) and the Patents Rules, 2003 (Rule 7,
54, 135 and sub rule (1) of rule 20, the application for the grant of patent is
filed using Form-1 and Form-2.
• The information sought in Form-1 is general in nature i.e. Title of Application,
Names of Applicant(s) and Inventor(s), Type of Application (Ordinary,
Convention, PCT-NP (PCT- National Phase), Divisional, Patent of Addition,
etc.).
• Whereas Form-2 seeks technical information and whether to file the
provisional application or complete the application. For Provisional
Application, only Description of the Invention and the Abstract is to be
furnished. Whereas, Complete Application requires Description of the
Invention, Abstract, Claims and the manner in which invention have to be
performed.
• The Claims of the patent are a very crucial part of the specifications because
they define the actual boundary of the invention.
• Claims specify what is actually claimed by the invention and what is being
sought to be protected. It clearly describes what the patent does and does not
cover

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PUBLICATION
• Once the patent application has been filed at the Regional Patent Office, the patent
application is kept secret for 18 months in the Patent Office.

• After the expiry of 18 months (from the date of filing of the application or the priority
claimed date, whichever is earlier), the application is published in the Official Journal
of Patent Office (http://www.ipindia.nic.in/journalpatents.html).
• The purpose of publishing the application is to inform the public about the invention.
The publication of an application is a mandatory step.

PRE-GRANT OPPOSITION
• If anybody has an objection to the invention claimed in the patent application,
he/she can challenge the application by approaching the Controller of Patents within
6 months from the date of publication. It is termed as Pre-grant Opposition.
• Depending on the outcome of the case, the patent application may be rejected or
recommended for the next step, i.e. patent examination.
• Although the patent application is kept secret for 18 months, but under special
circumstances, this period can be reduced when the patentee/applicant plans to sell
or license the patent or seek an investor).
• For this, the applicant has to fill a Form-9 and submit it to the Controller General.

EXAMINATION
• Patent examination is a critical step in the process of grant of a patent. All the
important criteria (novel, inventive step, etc.) are scrutinized by the professionals
depending on the content of the invention.
• Usually, the examiner raises certain queries/doubts which need to be addressed by
the inventors. Once the examiner is satisfied with the answers received from the
inventors, the application is recommended for the grant of a patent.
• It is pertinent to mention that a patent application is not examined automatically
after clearing the publication stage. The applicant or his representative has to make a
request for examination of the patent by filing Form-18A and submitting the same
within 48 months from the date of filing of the application

GRANT OF PATENT
• After fulfilling all the requirements for the grant of a patent, including all
objections/queries raised by the Patent Examiner and the public at large, the patent
is granted to the applicant.

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• The granted patent is published in the Official Journal of the Patent Office.
• This journal is published every Friday and contains information related to patent
applications published under section (u/s) 11A, post-grant publication, restoration of
patent, notifications, list of non-working patents and public notices issued by the
Patent Office.

3. Explain the different types of patent applications.

Answer:
• Provisional Application - A patent application filed when the invention is not fully
finalized and some part of the invention is still under experimentation. Such type of
application helps to obtain the priority date for the invention.
• Ordinary Application - A patent application filed with complete specifications and
claims but without claiming any priority date.
• PCT Application - An international application filed in accordance with PCT. A
single application can be filed to seek patent protection and claim priority in all the
member countries of PCT.
• Divisional Application - When an application claims more than one invention, the
applicant on his own or to meet the official objection on the ground of plurality may
divide the application and file two or more applications. This application divided out of
the parent one is known as a Divisional Application.
• Patent of Addition Application - When an invention is a slight modification of the
earlier invention for which the patentee has already applied for or has obtained a
patent, the applicant can go for Patent of Addition, if the modification in the invention
is new. Benefit - There is no need to pay a separate renewal fee for the Patent of
Addition, during the term of the main patent. It expires along with the main patent.
• Convention Application - If a patent application has been filed in the Indian Patent
Office and the applicant wishes to file the same invention in the one or more Convention
countries (e.g. Paris Convention) by claiming the same priority date on which
application was filed in India, such an application is known as Convention Application.
The applicant has to file Convention Application within 12 months from the date of
filing in India to claim the same priority date.

4. What strategies are involved in the commercialization of a patent?

Answer:
• The patent owner may grant permission to an individual/organization/industry to
make, use, and sell his patented invention. This takes place according to agreed terms
and conditions between the involving parties.
• A patent owner may grant a license to a third party for the reasons mentioned below:
o The patent owner has a decent job e.g. university professor and has no desire
or aptitude to exploit the patent on his own.
o The patent owner may not have the necessary manufacturing facilities.
o The manufacturing facility is not able to meet the market demand.
o The patent owner wishes to concentrate on one geographic market; for other
geographical markets, he may choose to license the patent rights.
• Once the patent is granted, the patentee (person holding the rights to the patent)
enjoys the exclusive rights to use the patented invention.
• Only the patentee has the right to license or deal with the patent for any
deliberations. Although, the validity of the granted patent is for 20 years (from the date
of filing a patent application), but the patentee is required to furnish information
(Form-27), on an annual basis relating to the commercialization/selling of the patent.
It is called as Working/Licensing of the Patent.
• The licensing of a patent can be exclusive or non-exclusive.

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• In an Exclusive License, the patent is sold to only one individual/organization for a

fixed time period. During this time period, no other person or entity can exploit the
relevant IP except the named licensee.
• In Non-Exclusive License, a patentee can sell his patent rights to as many
individuals/parties as he likes. If the patentee is not able to commercialize his patent
within three years from the date of the grant of a patent, any person may submit an
application to the Controller of Patents for grant of Compulsory Licensing (of the
patent), subject to the fulfillment of following conditions:
o Reasonable requirements of the public concerning the patented invention have
not been satisfied.
o The patented invention is not available to the public at a reasonable price.
o The patented invention is not worked in the territory of India.

5. Describe Intellectual Property Rights (IPR) and list its types.

Answer:
Broadly, IP comprises of two branches i.e. Copyrights and Related Rights and
Industrial Property Rights.
o Copyrights and Related Rights refer to the creative expressions in the fields of
literature and art, such as books, publications, architecture, music, wood/stone
carvings, pictures, portrays sculptures, films and computer-based
software‘s/databases.
o The Industrial Property Rights refer to the Patents, Trademarks, Trade Services,
Industrial Designs and Geographical Indications
• Copyright: Copyright is the right bestowed on the owner or creator in relation to
publication, and distribution of a piece of writing, music, picture or related works.
Copyright also applies to technical contents such as software, datasheets and related
documents.
• Patents: A patent is a legal record that bestows the holder the exclusive right over
an invention as per the claims, in a limited geographical domain and for a limited
duration by thwarting possible interested parties from any form of manufacture, use
or sale of the product or outcome of the invention
• Trademarks: A trademark is a sign that suitably differentiates the owner‘s goods or
services from those of others
• Trade services: Any services in relation to trade or any trade related financing,
lending or other financial accommodation provided(or to be provided) by the bank,
including but not limited to issuance/amendment of letter of credit, document arrival
under letter of credit, application for negotiation and inquiries etc.,
• Industrial Designs: An industrial design protection is related to certain specific
ornamental shapes associated with products whose duplication the owner may wish
to prevent
• Geographical Indications: A geographical indication (GI) is a name or sign used on
products which corresponds to a specific geographical location or origin. Items that
meet geographical origin and quality standards may be endorsed with a government-
issued stamp which acts as official certification of the origins and standards of the
product.

6. Define the term patent and what are the conditions that must be met for
obtaining patent protection?
Answer:
• A patent is an exclusive right granted for an innovation that generally provides a
new way of doing something or offers a new technical solution to a problem.
• The exclusive right legally protects the invention from being copied or reproduced by
others.

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There is a set criterion, as provided in Section 2(1)(j) of the Patents Act, 1970, which must be
fulfilled for a product or a process to qualify for the grant of a patent. The criterion encompasses:
• Novelty - Not part of ‘State of the Art’. The innovation claimed in the patent
application is new and not known to anybody in the world. In other words, the
innovation is
o not in the knowledge of the public,
o not published anywhere through any means of publication and
o not be claimed in any other specification by any other applicant.
• Inventive step - Not obvious to the person (s) skilled in the art. The
innovation is
o a technical advancement over the existing knowledge,
o possesses economic significance and,
o not obvious to a person skilled in the concerned subject.
• Capable of industrial application - For the benefit of society. The invention
is capable of being made or used in any industry.

7. What are Patent Infringements? Explain its two categories of Infringements.

Answer:
If anyone uses the invention without the prior permission of the owner, that act will be
considered an infringement of the invention. Infringements can be classified into two
categories
• Direct Infringement - when a product is substantially close to any patented product
or in a case where the marketing or commercial use of the invention is carried out
without the permission of the owner of the invention.
• Indirect Infringement - When some amount of deceit or accidental infringement
happens without any intention of infringement. If such an unlawful act has been

committed, the patentee holds the right to sue the infringer through judicial
intervention. Every country has certain laws to deal with such unlawful acts. Following
reliefs are made available to the patentee:
o Interlocutory/interim injunction.
o Damages or accounts of profits.
o Permanent injunction

8. Explain the following major steps involved in the process of patent

registration.
(i) Prior Art Search (ii) Choice of Application to be Filed
(ii) Pre-grant Opposition
Answer:
PRIOR ART SEARCH
• Before an inventor embarks upon the patent filing process, he has to ensure that
his invention is novel as per the criterion for the grant of a patent. For this, he/she has
to check whether or not his invention already exists in the public domain.
• For this, he/she needs to read patent documents and Non-Patent Literature (NPL),
scientific journals/reports/magazines, etc.
• The information lying in the public domain in any form, either before the filing of the
patent application or the priority date of the patent application claiming the invention,
is termed as Prior Art.

CHOICE OF APPLICATION TO BE FILED

Once a decision has been made to patent the invention, the next step is, what kind of
application needs to be filed i.e. provisional patent application or complete (Final)

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patent application - generally, the provisional patent application is preferred for the
following reasons:
• It is cheaper, takes less time, and involves fewer formalities.
• Any improvements made in the invention after the filing of the provisional
application can be included in the final application. In other words, the provisional
application does not require complete specifications of the inventions. The application
can be filed even though some data is yet to be collected from pending experiments.
• A provisional application allows you to secure a priority date for the patent applied.

PRE-GRANT OPPOSITION
• If anybody has an objection to the invention claimed in the patent application,
he/she can challenge the application by approaching the Controller of Patents within
6 months from the date of publication. It is termed as Pre-grant Opposition.
• Depending on the outcome of the case, the patent application may be rejected or
recommended for the next step, i.e. patent examination.
• Although the patent application is kept secret for 18 months, but under special
circumstances, this period can be reduced when the patentee/applicant plans to sell
or license the patent or seek an investor).
• For this, the applicant has to fill a Form-9 and submit it to the Controller General.

9. Name the four national bodies dealing with patent affairs.

Answer:
There are many departments/organizations/bodies dealing with various aspects of
patents, namely,
• The Indian Patent Office (IPO) - The Office of the Controller General of Patents,
Designs and Trade Marks generally known as the Indian Patent Office, is an agency
under the Department for Promotion of Industry and Internal Trade which administers
the Indian law of Patents, Designs and Trade Marks.
• Department for Promotion for Industry and Internal Trade (DPIIT) - DPIIT,
earlier known as the Department of Industrial Policy and Promotion (DIPP), under the
Ministry of Commerce and Industry, Govt. of India, is the apex IP body. It came into
existence in 1995 and is the main body for regulating and administering the industrial
sector.
• Technology Information, Forecasting and Assessment Council (TIFAC) - The
importance of undertaking technology forecasting and assessment studies on a
systematic and continuing basis was highlighted in the Government of India‗s
Technology Policy Statement (TPS) of 1983. Therefore in 1985, TIFAC was established
as an autonomous body, registered as a Society in 1988, under the Department of
Science and Technology. It is an important cog in filling a critical gap in the overall
Science and Technology system of India. Its mission is to assess the state-of-art of
technologies and set directions for future technological developments in India in
important socio-economic sectors
• National Research Development Corporation (NRDC) - NRDC, an enterprise of
Department of Scientific & Industrial Research (DSIR), Govt. of India, was set up in
1953 with a mandate to develop, promote and transfer/commercialize IP and
technologies emanating from Higher Education Institutes (HEIs), R&D research
laboratories/institutions and Public Sector Undertakings (PSUs). NRDC has a
repository of 2500 Indian technologies, filed over 1700 Patents and transferred about
5000 technologies in different sectors in India. It has also created a technology data
bank (http://fccollc.com/nrdclive/) containing information regarding technologies
available in various fields, such as electrical & electronics, mechanical, coil, mining,
biotechnology, healthcare, leather, etc.

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MAHARAJA INSTITUTE OF TECHNOLOGY MYSORE

BELAWADI, SRIRANGAPATNA Taluk, MANDYA-571477
Department of Computer Science and Business System
(Academic Year – 2024-25)
Important Questions Module 4
Semester: 5th
Subject Name: Research Methodology and IPR Subject Code: BRMK557
Staff Name: Dr. Honnaraju B
1. Define the term Copyright and explain its classes.
Answer:
Copyrights refer to the legal rights provided by law to the original creator of the
work in the fields of literature and computer software. The Related Rights encompass
the work in the fields of dramatics, sound recording, film/video recordings,
paintings, architecture, etc.
Classes of copyrights:
Literary work
Literary work is the most common type of copyright. It generally covers all
original written expressions of ideas. It entitles the authors/owners of all literary works
to certain economic rights, which helps them in claiming royalty from the publishers,
if any. A few copyright examples of literary works are as below:
• Books,
• Poems,
• Scripts,
• Novels,
• Biographies,
• Thesis,
• Exam question papers;
• Computer programs, (source code having the set of commands); and
• more.

Dramatic types of work protected by copyright

Dramatic works in the types of copyright are the performance or preparation of
performance based on a plot. Staging in a drama, a play, a recitation, choreography
work, and acting based on a book, mimes, screenplays, etc are copyright examples of
dramatic works.
However, it is important to consider the fact that certain aspects of a dramatic works
also include other types of copyright protection.

Dramatic work copyright example:

X created a drama named “Tiny Dancer”. This drama is more of a musical and has
numerous dances and songs. X decides to protect every aspect of this work. He decides
to call legalwiz.in and ask for suggestions as to which types of copyright apply to him.
Here, our experts at IPR will suggest to X that :
1. The script of his play is a literary work;
2. The performance/choreography part is a type of dramatic work; and
3. Lastly, the song is a musical work/sound recording, on the basis of its
composition.

Artistic work
Today, art galleries sell authentic paintings for millions. If an artist has a copyright
registered for their artwork, they can claim profits from sales. Amongst the various
types of copyright, artistic works include the following copyright examples:

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• Paintings,
• Graphic work;
• Sculpture;
• Drawings;
• Photos;
• Print;
• Lithographs;
• Architectural plans;
• Maps;
• Memes;
• Blueprints;
• cartoons;
• And more.

When going forward with the application for this type of copyright, you need to comply
with section 45 of the Act. This section states that artistic works which are
used/proposed to be used in respect of any goods/services, need a no objection
clearance from the Registrar of Trademarks.

Musical work
The right in this type of copyright protects music and any graphical notations of a
musical work. However, it does not include any words, any lyrics, or any action which
will be performed with the music. Hence, the lyrics and sound are not covered in
musical work. Musical Work too is an inherent right amongst the types of copyright.

Sound recording
This type of copyright includes any recording of a sound in any medium. Here, no
music is covered. The following are valid copyright examples of a sound recording:
• A song recording (includes the singer’s voice but not the music);
• A podcast; and
• Any recorded audio.

Cinematograph film
A cinematograph film is the most expensive type of copyright. A cinematograph film
means a film created with a lot of pictures that will produce a sort of movement on the
screen. I.e., video recordings. The following are included in this type:
• Movies;
• Vlogs;
• YouTube videos;
• Recordings of a video game;
• Animations;
• And more.

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2. What are the two exclusive rights owned by the copyright owner?
Explain briefly.
Answer:
• A Copyright owner enjoys two types of rights i.e. Economic Rights (or Proprietary
Rights) and Moral Rights (or Personal Rights).
• Economic Rights are associated with financial benefits accruing from the sale of
copyrights. As per the Act, Copyright owners can authorize or prohibit:
o Reproduction of the work in any form, including printed publications
or sound recordings.
o Distribution of copies of the work.
o Public performance of the work.
o Broadcasting/communicating the work to the public. Translating the
work into other languages.
o Adaptation of the work, such as converting a novel into a screenplay.
• Moral Rights include Right of Paternity and Right of Integrity.
• The Right of Paternity - even if the Copyright has been licensed to another party,
the original author of the work retains the right to claim authorship i.e. the name
of the author/s will remain even though Copyrights have been transferred to
another party e.g. a book publisher.
• The Right of Integrity - the original author has the right to prevent misuse of the
work
e.g. alterations/additions/ deletions in work resulting in misrepresentation of the said
work or harming the honor and reputation of the author.
• It is pertinent to mention that for a work, there can be more than one rights
holders, for instance, a musical sound recording has many rights holders, such as
the lyricist, music composer, singer, musicians and sound recorders.

3. What are the roles and functions of the copyright board and the copyright
society in administering copyright laws and regulations?
Answer:
Copyright Society:
• As per Section 33 of the Copyright Act, 1957, a Copyright Society is a registered
collective administration society formed by authors and other owners of the Copyright.
• Society can perform the following functions:
o Keep track of all the rights and infringements related to their clients.
o Issue licenses in respect of the rights administered by the society.
o Collect fees in pursuance of such licenses.
o Distribute such fees among owners of Copyright after making deductions for
the administrative expenses.
A Copyright Society can be formed by a group of seven or more copyright holders.

Copyright Board:
• The Copyright Board is a regulatory body constituted by the government, to perform
judicial functions as per the Copyright Act of India.
• The Board comprises of a Chairman and members (2-14) to arbitrate on Copyright
cases. The Chairman of the Board is of the level of a judge of a High Court. As per
the Act, the Board has the power to:
o Hear appeals against the orders of the Registrar of Copyrights.
o Hear applications for rectification of entries in the Register of Copyrights.
o Adjudicate upon disputes on the assignment of Copyrights.
o Grant compulsory licenses to publish or republish works (in certain
circumstances).
o Grant compulsory license to produce and publish a translation of a literary or

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dramatic work in any language after seven years from the first publication of the
work.
o Hear and decide disputes as to whether a work has been published or about
the date of publication or the term of Copyright of a work in another country.
o Fix rates of royalties in respect of sound recordings under the cover-version
provision.
o Fix the resale share right in original copies of a painting, a sculpture or a
drawing and original manuscripts of a literary or dramatic or musical work.

4. What are the key eligibility criteria that a mark must meet to qualify for
trademark protection? List advantages that a proprietor gains through trademark
registration
Answer:
Eligibility criteria for trademark
For goods/services to be legally classified as Trademark, they need to pass the
following conditions:
Distinctiveness - The goods and services for which the protection is sought should
possess enough uniqueness to identify it as a Trademark. It must be capable of
identifying the source of goods or services in the target market.
Descriptiveness - The Trademark should not be describing the description of the
concerned goods or services. Descriptive marks are unlikely to be protected under
Trademark law. However, descriptive words may be registered if they acquire
―secondary meaning, such as the brand name Apple is used by a USA based
multinational company that manufactures electronic gadgets.
Similarity to the prior marks - The mark should be unique and should not be having
similarity to the existing marks.

Advantages to the proprietor of the Trademark, such as:

Legal Protection – prevents the exploitation of the Registering Trademark by other
companies/organizations/individuals, without proper authorization by the legal
owner/s of the Trademark. In case of legal suits, a registered Trademark can serve as
potent evidence of the lawful proprietorship of the Trademark.
Exclusive Right - grants the Trademark owner full rights to use it in any lawful
manner to promote his business.
Brand Recognition - products/services are identified by their logo, which helps create
brand value over time. A strong brand is a huge pull for new customers and an anchor
for existing customers. Registering a Trademark early and using it will create goodwill
and generate more business for the brand owner.
Asset Creation - registered Trademark is an intangible property of the organization. It
can be used for enhancing the business of the company as well as drawing new clients
and retaining old one by the account of brand identification.

5. Using a flowchart, explain the steps involved in the process of Trademarks

Registration.
OR
Explain by using a process flowchart, the steps involved in trademark
registration.
Answer:
To seek Trademark registration, the proprietor of the Trademark has to fill an
application. The proprietor may choose to hire an agent to fill and submit the
application on his behalf. Before applying, the applicant needs to conduct a prior art
search to ensure the registration criteria.

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Prior Art Search - Prior to applying for Trademark registration, it is always prudent to
check whether the intended Trademark is already registered or not. Also, it is
ascertained whether the intended Trademark is not similar to the ones already
registered.

Figure: Process for Trademark registration

The steps involved in the registration process are as follows

o After the prior art search has been conducted, the applicant can apply for the
registration on his own or with the help of a certified agent.
o The application is assigned an application number within a few days.
(The same can be tracked online at
https://ipindiaonline. gov.in/tmrpublicsearch/frmmain.aspx.)
o The application is scrutinized by a professional examiner. If everything is in
order, the particulars of the application are published in the official Trademark
journal (http: //www.ipindia. nic.in/journal-tm.htm). Otherwise, he will send
the objections to the applicant for rectification. Based on the satisfactory
response, the examiner would recommend the revised application to be published
in the journal. If the application is rejected, the applicant may approach the
Intellectual Property Division to challenge the rejection of an application by the
examiner.
o Once the Trademark is published in the official journal, the public has an
opportunity to file an objection, if any, within 90 days. After hearing both the
parties, the officer decides whether to proceed further for the grant of Trademark

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or disallow the grant of Trademark. In case of unfavorable outcome, the applicant

has the right to contest the decision in front of the IPAB.
o Once the application has successfully completed all formalities, a Trademark
registration certificate is issued in the name of the applicant.

6. What are the key considerations and tests for determining fair use doctrine
under copyright law? Explain with examples.
Answer:
Under ‘The Fair Use Doctrine‘, which comprises of the four-part test:
1. The character of the use- use of the work is purely educational, non-profit and
personal.
2. Nature of the work- The use of work is factual in nature and not imaginative.
3. Amount of the portion to be used- permission is not needed if only a small
portion of Copyright protected material is to be used. However, this parameter is
debatable now.
4. Impact of use on the value of the Copyrighted material- If a small portion of
the work is copied and is not affecting the author‘s economic and moral rights, it
will be excused from the infringement.

Detailed information on the examples of the Fair Use Doctrine can be accessed from
the official website (http://copyright.gov.in/exceptions.aspx). A few examples are
listed below: http://copyright.gov.in/exceptions.aspx.
• If the Copyrighted work is used for personal use i.e. studies or research.
• Quotation mentioned in the Copyrighted work.
• Reporting of current events in the media, such as newspapers, magazines or
radios/television.
• Reproduction of the work by teachers or scientific researchers.
• Performance is free of charge by government officials in the performance of
their duties e.g. reproduction of any work for a judicial proceeding or a report
of a judicial proceeding.
• Use of any work prepared by the Secretariat of a Legislature.
• Use of the work in a certified copy made or supplied in accordance with any
law for the time being in force.
• Making three or less than three copies of a book (including a pamphlet, sheet
of music, map, chart or plan).
• Bonafide religious ceremony, including a marriage function.

Examples of Doctrine of Fair Use

Under the principle of fair use, it is permissible to reference or incorporate the work of
another author into your own without obtaining permission to do so. Copyright law
provides several examples of fair use, including:
1. Reviews and Commentary
Fair use typically applies to non-commercial uses, such as citing or excerpting a work
in a review or criticism for illustrative or commentary reasons. It is acceptable for a
newspaper column to include direct quotes from a book being reviewed.
2. News reporting
Fair use includes citing articles and using brief quotations in a news report. A
journalist would be permitted to quote from a political speech's text without the
politician's permission.
3. Research and scholarship or education purpose
Quoting a short portion in an academic, scientific, or technical publication for
illustration or explanation of the author's observations would be judged permissible.
4. Parody

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A work that parodies other, more well-known work does so by making humorous
references to that original. A roast show or typically any drama created with the
intention to make a pun out of it.

8. Using a Flow chart, explain the important steps involved in the process of
Copyright Registration.
Answer:
• The Registrar of Copyrights has the powers of a civil court when trying a
suit under the Code of Civil Procedure in respect of the following matters:
o Summoning and enforcing the attendance of any person and examining
him on oath.
o Requiring the discovery and production of any document.
o Receiving evidence on affidavit.
o Issuing commissions for the examination of witnesses or documents.
o Requisitioning any public record or copy thereof from any court or office.
o Any other matters which may be prescribed.

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Figure 4: Flow chart for the process of Copyright registration

• Usually, it takes around 2-3 months to get the work registered by the Copyright
Office. After applying, there is a mandatory waiting period of 30 days.
• If any person has any objection to the claim/s made in the application, he can
contact the office of the Registrar of Copyrights.
• After giving an opportunity of hearing to both the parties, the Registrar may
decide the case in favor or against the author of the work. Once the objections (if
any) are cleared, the application is evaluated by the examiners.
• If any doubts/queries are raised, the applicant is given ample time (around 45

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days) to clear these objections.

8. What are the different categories of trademarks recognized under Indian law,
and tabulate the famous trademark types with examples
Answer:
• Trademark can be a word that must be able to speak, spell and remember.
• It is highly recommended that one should choose the Trademark like invented word,
created words, and unique geographical name.
• One should refrain from Trademarks like common geographical name, common
personal name and the praising words which describe the quality of goods, such as
best, perfect, super, etc.

The Trademarks Act, 1999, allows the registration of various types of trademarks
such as word marks, service marks, collective marks, certification marks, series
marks logos/symbols and many other.

1. Word Marks
Word Marks are the most common types of trademarks that are registered in India.
These refer to any marks that are used to identify the products and services of a trading
company or service-providing company. If the name of your product or service is
text- based (contains text only) it will be registered under Word Marks.

For Example - The word Nestle® is a registered as a Word-Mark.

2. Service Marks
Service Marks represent the service which a company or business deals in.
They distinguish different services available in the market and is filed
under trademark classes 35-45.

For example - FedEx is a registered courier delivery service provider.

3. Logos and Symbols

A logo is a printed/painted figure/design/character and do not consist of any
letters/words/numerals. For word marks that are also used as a logo, the trademark
needs to be registered both as a word mark and a device marks.
In India, the registration for both these aspects can be made in a single
application.

For example - Apple has a registered logo which is used on each of their products.

4. Shape of Goods
The shape of goods are categorized in Trade Dress (appearance of a product) wherein,
other than a logo or label a product can also be distinguished based on its packaging.

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For example - The bottle of Coca-Cola is distinguished from other brands on the basis
of its bottle's shape.

5. Series Marks
Service marks are trademarks which have a common syllable, prefix or suffix, thus
denoting as a family of marks sharing a 'common name.' They should differ only as to
matters of non-distinctive characters(goods, price, quality or size).

For example - McDonald's have a series of 'Mc' registered as word mark which
represents their different product range such as Mc Chicken, Mc Veggie etc.
6. Collective Trademarks
These marks are linked with a group of people and not one single product or service.
These trademarks are primarily owned by an organization, institutes or any
association. They can be used by members of the organization to represent them as
one the part.
They are "Badges of origin" which indicates the specific source of the individual,
his/her products and services.

For Example - A chartered accountant can use the “CA" device as he is a registered
member of the Institute of Chartered Accountants.

7. Certification Mark
The certification mark is created to show a specific quality standard that the company
has met. This means that the public will be aware that the trader's goods or
services are certified as it has met a particular standard, as defined by the certifying
body that owns the certification mark.
Certification marks are used to define "Standard" of goods and services.

For Example - FSSAI - Certification for the quality of packaged food products.

8. Geographical Indicators
A geographical indication is used on products to show the unique nature, reputation
and quality the products possess based on the place of origin.
The Geographical Indicators are awarded by the GI Registry and is granted to natural,
agricultural, manufactured and handicraft products that come from a specific

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geographical origin.

For Example -Darjeeling Tea is a GI under the Intellectual Property Rights.

9. What were the key events and circumstances surrounding the copyright
dispute between photographer David Slater and the macaques in Indonesia in
2011? Explain.
Answer:

10. List and explain trademark symbols.

Answer:
Designation of trademark symbols
TM stands for trademark. The TM symbol (often seen in superscript like this:
TM) is usually used in connection with an unregistered mark—a term,
slogan, logo, or other indicator—to provide notice to potential infringers
that rights in the mark are claimed in connection with specific goods or
services. Use of the TM symbol does not guarantee that the owner’s mark
will be protected under trademark laws.

SM stands for service mark (often seen in superscript like this: SM). It
functions similarly to the TM symbol, in that it is used to provide notice that
rights in the mark are claimed, but it is used in connection only with a
service, such as banking or legal services, rather than tangible goods. As
with the TM symbol, use of the SM symbol does not guarantee that the

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owner’s mark will be protected under trademark laws and the registration
status of the service mark does not impact the ability to use the SM symbol.

The symbol ® (often seen in superscript like this: ®) is used to provide notice
to the public that a trademark or service mark is registered. In most
jurisdictions, the ® may be used only after registration of the mark is
granted. In many jurisdictions, use of ® with an unregistered mark is a civil
or criminal offense.

10. Explain copyright infringement. Discuss the offences and penalties against
the infringement of Copyright.
Answer:
Copyright infringement occurs when copyrighted material is used without permission
from the copyright holder, violating their exclusive rights.
Reproduction, distribution, performance, exhibition, and creation of derivative works
based on the original work are all included under these rights.
The purpose of copyright laws is to safeguard artists’ intellectual property so they can
maintain ownership and get paid for their creations.

As per the Copyrights Acts, 1957, the following acts are regarded as an infringement
of Copyrights:
• Downloading and Sharing Music or Movies: Illegally downloading music,
movies, or TV shows from the internet without purchasing them or obtaining
permission from the copyright holder.
• Using Photos Without Permission: Using copyrighted photographs found
online for commercial purposes without obtaining a license or permission from
the copyright owner.
• Software Piracy: Copying, distributing, or using software without purchasing it
or abiding by the terms of its license agreement.
• Plagiarism: Copying and publishing someone else’s work, such as articles,
books, or blog posts, and claiming it as your own without crediting the original
creator.
• Unlicensed Use of Copyrighted Material in Videos: Incorporating copyrighted
material, such as music, video clips, or images, into your own video content
without permission or proper licensing, and then distributing it on platforms
like YouTube or Vimeo.
• Producing Counterfeit Goods: Manufacturing and selling counterfeit goods
that feature copyrighted logos, designs, or characters without permission from
the copyright owner.
• Unauthorised Performances: Performing copyrighted music, plays, or
screenings of movies in public without obtaining the necessary licenses.

• When a person knowingly infringes or abets the infringing act of a copyrighted

work, then the offence is a criminal offence under the Copyright Act, 1957.
When the copyright owner files a criminal suit for copyright infringement, the
minimum punishment for the infringement is imprisonment for six months,
which can extend to three years, with a minimum fine of Rs. 50,000, which can
extend up to Rs.2 lakhs.

• In the case of a subsequent and second conviction, the punishment is

imprisonment for a minimum of one year, extending to three years and a fine
of Rs.1 lakhs, extending to Rs.2 lakhs. Any police officer (not below the sub-
inspector rank) can seize the infringing copies without a warrant when the police

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officer is satisfied that a copyright infringement offence in any work has been
committed and produce them before the Magistrate.

11. Discuss the Ownership of Copyright.

Answer:
The exceptions to the general rule that the author is the first owner of copyright is laid
forth in Section 17 of the Indian Copyright Act, 1957, which states that a person who
pays or provides resources for a work to be created is the first owner of such work. Let
us take a closer look at these exceptions.
Section 17 Subject matter

Clause (a) Literary, dramatic & artistic work

Clause (b) Photograph, painting, engraving, cinematographic film

Clause (c) Work made under course of employment

Clause (cc) Lectures delivered in public in behalf of another

Clause (d) Work assigned by government

Clause (dd) Work made on behalf of a public undertaking

Clause (dd) Work of certain international organization

• Section 17(a) – Literary, Dramatic & Artistic Work
This clause states that if an author creates a literary, dramatic, or artistic work while
working for the owner of a newspaper, magazine, book, or other publication under a
contract for publishing such work, the owner of such newspaper or magazine becomes
the first owner of the copyrighted work, unless an agreement to the contrary is in
place.
Illustration – A journalist or writer working in a newspaper house is never the owner
of the work he produces; only authorship is his.
• Section 17(b) – Photograph, painting, engraving, cinematographic film
This paragraph states that anytime a photographer is paid to take photographs, a
painter is hired to paint, and a cinematographer is hired to shoot a film, the person
who hired or caused such work to be done becomes the first owner of the copyright.
Illustration – A painter hired by a school to paint the school’s boundary walls with
storytelling paintings presenting social and moral values will not be the first owner of
the paintings he made, but the school that hired the painter will be.
• Section 17(c) – Work made under course of employment
This section states that if a work is made during the course of employment or a service
contract, the employer becomes the first owner of such copyrighted work.
In the well-known case of V.T. Thomas and Others vs Malayala Manorama Co. Ltd,
the employee, an artist, created a cartoon character prior to his employment with the
publishing house Manorama and continued to use it after his job terminated. The
publishing house claimed that they were the first owners of the copyright because the
cartoon was utilized while the artist was working for them. Although the cartoon was
utilized by Manorama, it was not created by the artist during his employment with
them; hence he was the sole owner of the artwork.
In another case of Neetu Singh vs Rajiv Saumitra, the court agreed that the defendant
had served as a director of a company for two years, but the plaintiffs were unable to
prove that the literary work authored by the defendant was part of his employment
obligations.

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• Section 17(cc) – Lectures delivered in public in behalf of another

This clause states that if a person provides a speech in public on behalf of another
person, the person on whose behalf the speech was delivered is the original copyright
owner, not the person giving the speech.
• Section 17(d) – Work assigned by government
If a copyrightable work is created as a result of a government tender, the government
will be the first owner of the copyright deriving from and accruing to such works.
For example, the Indian government owns the copyright on the “statue of unity,” not
the engineers or architects who designed or built it.
• Section 17 (dd) – Work made on behalf of a public undertaking
In the absence of an agreement to the contrary, if a work is created or first published
by or under the control or direction of a public undertaking, that public undertaking
will be the original owner of Copyright.
• Section 17(dd) – Work of certain international organization
If an international organization commissions someone to create a copyrightable work
on its behalf, that organization will be the original owner of the work.

To obtain permission to use copyrighted material, a request for the same should be
made to the legal owner (of the copyrighted material), which could be the original
author, the legal heir (in case of the death of the author), publisher, etc. The request
must mention the following:
• Title, author and/or editor, and edition.
• Precise material to be used.
• The number of copies.
• The purpose of the material e.g. educational, research, etc.
• Form of distribution e.g. hard copy to classroom, posted on the internet.
Whether the material is to be sold e.g. as part of a course pack.

11. Discuss the works not under the Copyrights.

Answer:
The works not under the jurisdiction of Copyrights are as follows:
• The ideas, concepts, and principles themselves cannot be protected under
Copyright; only the form in which they are expressed can be copyrighted.
• Facts, such as scientific or historical discoveries, are not copyright protected.
Any fact a person discovers in the course of research cannot be Copyright
protected. For example, an author of a book on ―Buddhism‖ takes ten-fifteen years
to gather all the necessary materials and information for his work. At a great
expense, the author travels to various museums, libraries and excavations sites.
However, after the book is published, anyone is free to use the underlying facts,
provided they express the information on their own.
• Copyright does not protect titles, names, slogans, short phrases, short word
combinations, methods, or factual information.
• Certificates are not considered as Copyrightable subject matter as there is not
much scope for creativity.
• Digitally created works and Copyrighted works transformed into a digital format
and placed on the internet are Copyright protected.
• The Copyright registration for a website, as a whole, is not possible. However,
different components/rudiments of a website can be granted Copyright
registration.
• If someone swipes your picture/song/video from the internet and uses it for their
purposes, it is a Copyright infringement. By the way - the same is true if you nick
some else’s material for your purposes.

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12. Is registration of a Copyright necessary in India?

Answer:
• It is not necessary to register a work to claim Copyright. Once a work is created
via any medium, the work receives automatic Copyright safety.
• In other words, there is no formal request to be submitted to the office of the
Copyright, for acquiring Copyright.
• Copyright registration does not confer any rights. It is merely a prima facie proof
of an entry in respect of the work in the Copyright register maintained by the
Registrar of Copyrights.
• The certificate of registration serves as prima facie evidence in a court in cases of
disputes relating to ownership or creation of Copyright, financial matters, transfer of
rights, etc.
• It is advisable that the author of the work registers for Copyright for better legal
protection. In India, Copyrights matters, including Copyright registration, are
administered under the Copyright Act, 1957 and Copyrights Rule, 2013.

13. Discuss the famous case law: COCA-COLA COMPANY VS. BISLERI
INTERNATIONAL PVT. LTD.
Answer:
• 'MAAZA', a popular mango fruit drink in India, is a registered Trademark of an
Indian company, Bisleri International Pvt. Ltd.
• The company transferred the rights (formulation, IPR and goodwill, etc.) to a
beverage company, Coca-Cola, for the Indian Territory.
• However, in 2008, the Bisleri Company applied for registration of Trademark
‗Maaza‘ in Turkey and started exporting the product with the mark ‗MAAZA‘.
• This was unacceptable to the Coca-Cola Company and thus filed a petition for
permanent injunction and damages for passing-off and infringement of the Trademark.
• It was argued on behalf of Plaintiff (Coca-Cola Company) that as the mark ‗Maaza‘
concerning the Indian market was assigned to Coca-Cola, and manufacture of the
product with such mark, whether for sale in India or for export, would be considered
as an infringement.
• After hearing both the parties, the court finally granted an interim injunction
against the defendant (Bisleri) from using the Trademark MAAZA in India as well as
for the export market, which was held to be an infringement of Trademark.

14. Mention the validity period of Copyright and trademark.

Answer:
Validity of copyright
• In general, the validity of Copyright is for 60 years.
• This period starts either from the year after the death of the author (in case of literature,
dramatic, musical and artistic works) or from the date of publication of the work (in case of
cinematograph films, sound recordings, photographs, posthumous publications, works of
government and works of international organisations).

Validity of trademark
• In India, a registered Trademark is valid for 10 years.
• The period can be extended every 10 years, perpetually.
As per the Indian Trademarks Act, the renewal request is to be filed in the form TM-
R within one year before the expiry of the last registration of the mark.

15. Discuss the transfer of copyrights to a publisher.

Answer:
• The original authors of the Copyrighted work may not have the wherewithal to

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widely publicize their work. Usually, they transfer their rights to publishers for
financial benefits, which could be a one-time lump sum amount or royalties or a
combination of the two.
• However, transferring Copyrights unconditionally to the publishers (or anybody
else) may have some repercussions for the owner of the Copyright. A publisher may
prevent author/s from displaying their articles on the institute’s websites. The
new owner of Copyright may not even allow the author to revise his work.
• In other instances, a publisher might print an insufficient number of hard copies
and also does not show interest in uploading the soft copy of the work on the
internet. Hence, one must be careful in signing an agreement with the publishers.
• The author may not transfer all the legal rights bestowed upon him as an
author. An agreement may be signed permitting only the print and sale of hard copies
by the publishers while retaining digital rights for the said work.
• An author may also put a time limit for the printing and sale of the books/articles,
etc. Before the digital era, authors used to rely completely on publishers for the
dissemination of their work.
• However, in the internet era, the dependency on publishers has almost diminished.
• Even though the author has completely and exclusively licensed out his work, the
Copyright Act has a provision under ‗termination of transfer to reclaim his Copyright.
Under this provision, certain Copyright agreements can be terminated after 35 years
of the agreement.

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MAHARAJA INSTITUTE OF TECHNOLOGY MYSORE

BELAWADI, SRIRANGAPATNA Taluk, MANDYA-571477
Department of Computer Science and Business System
(Academic Year – 2024-25)
Important Questions Module 5
Semester: 5th
Subject Name: Research Methodology and IPR Subject Code: BRMK557
Staff Name: Dr. Honnaraju B
1. What are the different categories of industrial design under Indian law, and
tabulate the famous design types with examples.
Answer:
• Designs are registered in different classes as per the Locarno Agreement, 1968;
https://www.wipo.int/classifications/locarno/loc pub/en/fr/).
• It is used to classify goods for the registration of Industrial Designs as well as for
Design searches.
• The signatory parties have to indicate these classes in the official documents too. The
classification comprises a list of classes and subclasses with a list of goods that
constitute Industrial Designs.
• There are 32 classes and 237 subclasses that can be searched in two languages i.e.
English and French.
• For example, Class 1 includes foodstuff for human beings, foodstuffs for animals and
dietetic foods excluding packages because they are classified under Class 9 (Bottles,
Flasks, Pots, Carboys, Demijohns, and Pressurized Containers). Class 32 classifies the
Design of graphic symbols and logos, surface patterns, ornamentation.

Famous Industrial Designs

Coca-Cola Bottle - The contoured-shaped glass bottle of the Coca- Cola Company is
marveled as a master showpiece in the field of industrial design. It was designed in
1915 and is still a cynosure for all eyes.
Piaggio Vespa–Piaggio-Italian Company's Vespa scooters structural design is pleasing
to the eyes. This two-wheeler has a painted steel body concealing the engine, driver‘s
feet rest comfortably on a flat floorboard, the front vertical portion comprising of a
handle, breaks and speedometer has ample space for hands grip and also provides
protection from incoming wind air.
iPhone - It is a highly popular mobile phone manufactured by American company
Apple. The sleek, handy and rectangular body is pleasing to the eyes. The corners are
round and smooth. The features, such as on/off and speech volume, are easy to
operate.
Mini Cooper - Mini Cooper is an automobile car manufactured by the British Motor
Corporation in the later part of the 20th century. It is a small size car. Its shape has
been designed in a unique manner so as to provide plenty of space (nearly 80%) for
passenger seating and luggage storage.
Rocking Wheel Chair - It is a sleek, circular-shaped chair which provides smooth
rocking motion. There is a provision for a headlight in the upper part of the chair. Juicy
Salif - It is a citrus juice squeezer and considered an iconic structural design. The
alumina-based body has been moulded in the shape of a fish called as a squid.

2. Discuss the Design registration procedure by using a flowchart.

Answer:
• Before filing an application for registration of Industrial Designs, it is prudent to
ensure that the same or similar Design has not been registered earlier.
• This search can be carried out using various search engines, such as: Design

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Search Utility (CGPDTM), Global Design Database (WIPO), etc.

Application for Registration

• Once the applicant is satisfied that his Design is novel and significantly
distinguishable from other Designs, he can proceed with filing an application for
Design registration.
• The application for registration of Design can be filed by an individual, small
entity, institution, organization and industry. The application may be filed
through a professional patent agent or legal practitioner.
• If the applicant is not a resident of India, an agent residing in India has to be
employed for this purpose.
• The applicant submits the registration application at the Design Office Deputy
Controller of Patents & Designs, Patent Office, Intellectual Property Office
Building, CP-2 Sector V, Salt Lake City, Kolkata- 700091.
• After the application has been filed, an officer (examiner) analyses the application
for qualifying the minimum standards laid down for eligibility criteria for
registration.
• In case of any query, the same is sent to the applicant and he is supposed
to respond within 6 months from the objection raised.
• Once the objections are removed, the application is accepted for registration.

Fig: Process of Design registration

3. Define Geographical Indications (GI) with an example. What are the rights
granted to GI holders?
Answer:
• A GI is defined as a sign which can be used on products belonging to a particular

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geographical location/region and possesses qualities or a reputation associated with

that region.
• In GI, there is a strong link between the product and its original place of production.
• Geographical Indications of Goods are defined as that aspect of industrial property
which refer to the geographical indication referring to a country or to a place situated
therein as being the country or place of origin of that product.
Here are some notable GI-tagged products from Karnataka:

Agricultural Products:
• Mysore Mallige (Jasmine)
• Udupi Mattu Gulla Brinjal
• Coorg Orange
• Devanahalli Pomelo
• Sirsi Supari (Areca nut)
Handicrafts:
• Mysore Silk
• Mysore Rosewood Inlay
• Channapatna Toys and Dolls
• Ilkal Sarees
• Navalgund Durries
Food Items:
• Mysore Pak
• Dharwad Pedha
• Udupi Rasayana

Rights granted to GI holders?

• Right to grant the license to others - The holder has the right to gift, sell,
transfer/grant a license, mortgage or enter into any other arrangement for
consideration regarding their product. A license or assignment must be given in
written and registered with the Registrar of GI, for it to be valid and legitimate.
• Right to sue - The holder of GI has the right to use and take legal action against a
person who uses the product without his consent.
• Right to exploit - The holder of GI can authorize users with exclusive right to use
goods for which the GI is registered.
• Right to get reliefs - Registered proprietors and authorized users have the right to
obtain relief concerning the violation of such GI products.

4. Summarize the IPR-related activities the Department for Promotion of

Industry and Internal Trade (DPIIT) undertakes.
Answer:
- The Department for Promotion of Industry and Internal Trade (DPIIT) was established
in the year 1995 and was reconstituted in the year 2000 with the merger of the
Department of Industrial Development. The department was earlier called Department
of Industrial Policy & Promotion (DPIIT) and was renamed as DPIIT in January, 2019.
- In 2018, matters related to e-commerce were transferred to the Department and in
2019, the Department has been given charge for matters related to Internal Trade,
welfare of traders and their employees and Startups. The mandate for integrated
development of Logistic Sector has also been allocated to DPIIT in November, 2021.
- The role of DPIIT is to promote industrial Development of the Country by facilitating
investment in new and upcoming technology, accelerate & foreign direct investment
and support a balanced development of industries & trade.

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Allocation of Business to the Department

- According to the Allocation of Business (AOB) Rules, as updated, the Department is
responsible for determining the Industrial Policy at Central Government level,
including the following matters:
i. General Industrial Policy
ii. Administration of Industries (Development and Regulation) Act, 1951 grant of
Industrial Licenses (IL) and acknowledging Industrial Entrepreneurs
Memorandum (IEM)
iii. Industrial management
iv. Productivity in industry
v. Matters related to e-Commerce
vi. Promotion of Internal Trade, Including Retail Trade.
vii. Welfare of Traders and their Employees.
viii. Matter relating to Facilitating “Ease of Doing Business”
ix. Matters related to Start-Ups
x. Integrated development of logistics sector.

- The Department handles matters related to Protection of Intellectual Property Rights

(IPR) and administers acts related to IPRs.
- The Department also handles matters related to Foreign Direct Investment (FDI) and
undertakes promotion of direct foreign and non-resident investment. It looks after
promotion of investments by Overseas Indian in India, including innovative
investments and policy initiatives consistent with the overall Government policies,
particularly in areas such as Special Economic Zones for Overseas Indians.

- The Department is responsible for promotion and development of industries related

to Cables, Light Engineering products (eg. Sewing machines, typewriters, weighing
machines, bicycles, etc.), Light Industries (e.g. Plywood, stationery, matches,
cigarettes, etc.), Light Electrical Engineering products, Raw Films, Hard Board, Paper
and Newsprint, Tyres and Tubes, Salt, Cement, Ceramics, Tiles and Glass, Leather and
Leather Goods Industry, Soaps and Detergents, Footwear Design & Development and
any other Industry not covered by other Ministries/Departments.

• Department for Promotion of Industry and Internal Trade (DPIIT) is the nodal
department for administration of various laws related to Intellectual Property Rights in
the country such as Patents, Trade Marks, Industrial Designs, Geographical
Indications of Goods, Copyrights, and Semiconductor Integrated Circuits Layout
Designs. Being nodal Department for IPR related matters, DPIIT has been vetting
number of MoUs/MoCs/MoAs/ Cabinet Notes/NDAs etc. entered into by various
Ministries/ Departments of Government of India from IPR angle. The negotiations on
IPR Chapter under various International Trade Agreements are also done by DPIIT.
Besides, DPIIT is also the nodal department for matters related to World Intellectual
Property Organization (WIPO).
• The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM),
a subordinate Office under DPIIT, carries out statutory functions related to Patents,
Trade Marks, Designs, Copyrights, Geographical Indications and Semiconductor
Integrated Circuits Layout Designs. It functions out of offices situated in Delhi,
Kolkata, Mumbai, Chennai and Ahmadabad.

5. Describe the enforcement of Industrial Design Rights.

Answer:
• Once the applicant has been conferred with the rights over a specific Design, he has
the right to sue the person (natural/entity) if the pirated products of his registered

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design are being used.

• He can file the infringement case in the court (not lower than District Court) in order
to stop such exploitation and for claiming any damage to which the registered
proprietor is legally entitled.
• The court will ensure first that the Design of the said product is registered under the
Designs Act, 2000.
• If the Design is found not registered under the Act, there will not be legal action
against the infringer.
• If the infringer is found guilty of piracy or infringement, the court can ask him to
pay the damage (Rs. 50,000/-) in respect of infringement of one registered Design.

6. Explain registered Geographical Indications (GI) in India with the tabulate of

examples.
Answer:
• GI products registered in India belong to the domains of handicrafts, agricultural,
food stuffs, alcoholic beverages, etc.
• The first GI tag was granted in 2004 to Darjeeling Tea.
• As of April 2024, India has registered a total of 635 Geographical Indications (GI)
products. These include agricultural, handicraft, manufactured, and food items. Uttar
Pradesh leads with 69 products, and Varanasi holds the distinction of the highest
number of GI-tagged items from a single location, with 30 products such as Banarasi
silk and Banarasi Thandai.
• As of 2024, Karnataka holds the record for the highest number of Geographical
Indication (GI) tags in India, with over 50 registered GI tags. These represent a wide
array of products, including food items, handicrafts, and agricultural produce, unique
to the state.
Here are some notable GI-tagged products from Karnataka:
Agricultural Products:
• Mysore Mallige (Jasmine)
• Udupi Mattu Gulla Brinjal
• Coorg Orange
• Devanahalli Pomelo
• Sirsi Supari (Areca nut)
Handicrafts:
• Mysore Silk
• Mysore Rosewood Inlay
• Channapatna Toys and Dolls
• Ilkal Sarees
• Navalgund Durries
Food Items:
• Mysore Pak
• Dharwad Pedha
• Udupi Rasayana

• A few GI are mentioned in the below table.

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7. Explain the Identification of Registered Geographical Indications (GI) items.

What are the common methods used to project GI in India.
Answer:
• Registered GI products are granted a tag, which is printed on the registered
products. The tag confirms the genuineness of the product in terms of its production
(by set standards) and location of production.
• Non-registered GI products cannot use/exploit this tag.
• By and large, GI tags represent the place of origin (of the product) along with
cultural and/or historical identity e.g. Darjeeling Tea, Mysore Silk, Tirupathi Laddu,
etc.
• In India GI tags are issued by the Geographical Indication Registry under the
Department for Promotion of Industry and Internal Trade, Ministry of Commerce and
Industry.
• The head of GI registry is at Geographical Indications Registry Intellectual Property
Office Building, Industrial Estate, G.S.T Road, Guindy, and Chennai - 600032.

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• GI registered products can be grown / produced in any part of the world using
standards laid down by the GI Registry.
• However, these products cannot be labeled as GI as they are not produced/
manufactured in a specific geographical location, as mentioned in the official records
maintained by the GI Office of GI.
• For example, plants of Darjeeling Tea can be grown in any part of India. But the tea
leaves of these plants cannot be sold under the brand name of Darjeeling Tea, as the
concerned plants were not grown in the soil and climate of the Darjeeling area.

8. Using a flowchart, explain the process of GI registration.

Answer:
• Prior to filing an application for registering GI, it is prudent to search whether the
concerned GI is already protected or not. This can be done by using search engines
created by WIPO.
• The list of registered GI in India can be accessed from the official website of
CGPDTM.
• Once the prior search for registered GI is done, the applicant has to file an
application.

STEP 1: Filing of application

Please check whether the indication comes within the ambit of the definition of a Gl
under section 2(1)(e).
The association of persons or producers or any organization or authority should
represent the interest of producers of the concerned goods and should file an affidavit
how the applicant claims to represent their interest.
• Application must be made in triplicate.
• The application shall be signed by the applicant or his agent and must be
accompanied by a statement of case.
• Details of the special characteristics and how those standards are maintained.
• Three certified copies of the map of the region to which the GI relates.
• Details of the inspection structure if any to regulate the use of the GI in the
territory to which it relates.
• Give details of all the applicant together with address. If there is a large number
of producers a collective reference to all the producers of the goods may be made
in the application and the G.I., If registered will be indicated accordingly in the
register.
We need to application to the following address in India
Geographical Indications Registry
Intellectual Property Office Building
Industrial Estate, G.S.T Road
Guindy, Chennai – 600 032
Phone: 044 – 22502091-93 & 98
Fax: 044 – 22502090
E-mail:gir-ipo[at]nic[dot]in
Website: ipindia.gov.in
The applicant must have an address for service in India. Generally, application can
be filed by (1) a legal practitioner (2) a registered agent.

STEP 2 and 3: Preliminary scrutiny and examination

• The Examiner will scrutinize the application for any deficiencies.
• The applicant should within one month of the communication in this regard,
remedy the same.
• The content of statement of case is assessed by a consultative group of experts

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will be versed on the subject.

• They will ascertain the correctness of particulars furnished.
• Thereafter an Examination Report would be issued.

STEP 4: Show cause notice

• If the Registrar has any objection to the application, he will communicate such
objection.
• The applicant must respond within two months or apply for a hearing.
• The decision will be duly communicated. If the applicant wishes to appeal, he
may within one month make a request.
• The Registrar is also empowered to withdraw an application, if it is accepted in
error, after giving on opportunity of being heard.

STEP 5: Publication in the geographical indications Journal

Every application, within three months of acceptance shall be published in the
Geographical Indications Journal.

STEP 6: Opposition to Registration

• Any person can file a notice of opposition within three months (extendable by
another month on request which has to be filed before three months) opposing
the GI application published in the Journal.
• The registrar shall serve a copy of the notice on the applicant.
• Within two months the applicant shall sent a copy of the counter statement.
• If he does not do this be shall be deemed to have abandoned his application.
Where the counter-statement has been filed, the registrar shall serve a copy on
the person giving the notice of opposition.
• Thereafter, both sides will lead their respective evidences by way of affidavit and
supporting documents.
• A date for hearing of the case will be fixed thereafter.
STEP 7: Registration
• Where an application for a GI has been accepted, the registrar shall register the
geographical indication. If registered the date of filing of the application shall be
deemed to be the date of registration.
• The registrar shall issue to the applicant a certificate with the seal of the
Geographical indication’s registry.

STEP 8: Renewal
A registered GI shall be valid for 10 years and can be renewed on payment of renewal
fee.

STEP 9: Additional protection to notified goods

Additional protection for notified goods is provided in the Act.

STEP 10: Appeal

Any person aggrieved by an order or decision may prefer an appeal to the intellectual
property appellate board (IPAB) within three months. The address of the IPAB is as
follows:
Intellectual Property Appellate Board
Annexe 1, 2nd Floor, Guna Complex,
443, Anna Salai, Chennai – 600 018

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Fig: Procedure for GI registration document

9. Discuss the FAMOUS CASE LAW: APPLE INC. VS. SAMSUNG ELECTRONICS CO.
Answer:
• In 2011, Apple Inc. filed a case against Samsung Electronics Co. in the United
States District Court for the Northern District of California for infringing their
Designs and Utility Patents of the user interface like screen app grid and tap to zoom.
• As evidence, Apple Inc. submitted the side-by-side image comparison of the iPhone
3GS and the i9000 Galaxy S to demonstrate the alleged similarities in both models.
• However, later it was found that the images were tempered by the Apple Company
to match the dimensions and features of the controversial Designs.
• So, the counsel for Samsung Electronics blamed Apple of submitting false and
misleading evidence to the court and the company countersued the Apple Company
in Seoul, South Korea; Tokyo, Japan; and Mannheim, Germany, United States
District Court for the District of Delaware, and with the United States International
Trade Commission (ITC) in Washington D.C.
• The proceedings continued for the 7 years in various courts. In June 2018 both
companies reached for a settlement and Samsung was ordered to pay $539 million
to Apple Inc. for infringing on its patents.

10. Discuss the Case Study of Turmeric Patent.

Answer:
Case Study of Turmeric Patent:

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Turmeric is a tropical herb grown in east India. Turmeric powder is widely used
in India as a medicine, a food ingredient and a dye to name a few of its uses. For
instance, it is used as a blood purifier, in treating the common cold, and as an anti-
parasitic for many skin infections. It is also used as an essential ingredient in cooking
many Indian dishes. In 1995, the United States awarded patent on turmeric to
University of Mississippi medical center for wound healing property.

The claimed subject matter was the use of "turmeric powder and its
administration", both oral as well as topical, for wound healing. An exclusive right
has been granted to sell and distribute. The Indian Council for Scientific and
Industrial Research (CSIR) had objected to the patent granted and provided
documented evidences of the prior art to USPTO. Though it was a well-known fact that
the use of turmeric was known in every household since ages in India, it was a
herculean task to find published information on the use of turmeric powder through
oral as well as topical route for wound healing. Due to extensive researches, 32
references were located in different languages namely Sanskrit, Urdu and Hindi.

Therefore, the USPTO revoked the patent, stating that the claims made in the
patent were obvious and anticipated, and agreeing that the use of turmeric was an old
art of healing wounds. Therefore, the Traditional Knowledge that belonged to India was
safeguarded in Turmeric case.

11. Discuss the case study of Neem and Basmati Rice.

Answer:
Case Study Neem Patent:

The patent for Neem was first filed by W.R. Grace and the Department of
Agriculture, USA in European Patent Office. The said patent is a method of controlling
fungi on plants comprising of contacting the fungi with a Neem oil formulation.

A legal opposition has been filed by India against the grant of the patent. The
legal opposition to this patent was lodged by the New Delhi-based Research Foundation

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for Science, Technology and Ecology (RFSTE), in co-operation with the International
Federation of Organic Agriculture Movements (IFOAM) and Magda Aelvoet, former
green Member of the European Parliament (MEP).

A tree legendary to India, from its roots to its spreading crown, the Neem tree
contains a number of potent compounds, notably a chemical found in its seeds named
azadirachtin. It is used as an astringent in so many fields. The barks, leaves, flowers,
seeds of neem tree are used to treat a variety of diseases ranging from leprosy to
diabetes, skin disorders and ulcers. Neem twigs are used as antiseptic tooth brushes
since time immemorial. The opponents' submitted evidence of ancient Indian ayurvedic
texts that have described the hydrophobic extracts of neem seeds were known and
used for centuries in India, both in curing dermatological diseases in humans and in
protecting agricultural plants form fungal infections.

The EPO identified the lack of novelty, inventive step and possibly form a relevant
prior art and revoked the patent. Apart from this, several US patents were recently
taken out Neem-based emulsions and solutions.

Case Study Basmati patent

The US patent office granted a patent to 'RiceTec' for a strain of Basmati rice, an
aromatic rice grown in India and Pakistan for centuries. Rice is the staple food of
people in most parts of Asia, especially India and Pakistan. For centuries, the farmers
in this region developed, nurtured and conserved over a hundred thousand distinct
varieties of rice to suit different tastes and needs.

In 1997, in its patent application Ricetec also acknowledged that "good quality
Basmati rice traditionally come from northern India and Pakistan... Indeed in
some countries the term can be applied to only the Basmati rice grown in India
and Pakistan." However, the company then went on to claim that it had invented
certain "novel" Basmati lines and grains "which make possible the production of
high quality, higher yielding Basmati rice worldwide." The Indian Government had
pursued to appeal only 3 claims out of 20 claims made in the original patent application
of RiceTec Inc.

What were being challenged were only claims regarding certain characteristics
of basmati (specifically starch index, aroma, and grain dimensions). It is to be noted
that WTO Agreement does not require countries to provide Patent protection to plant
varieties. It only requires countries to legislate so that plant varieties are protected in
some manner (not necessarily through patents).

However, US being a strong proponent of Patent protection of plant varieties allowed

the patent application. Three strains development by RiceTec are allowed patent
protection and they are eligible to label its strain as "Superior Basmati Rice".
Therefore, in Basmati case, RiceTec altered the strain through crossing with the

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Western strain of grain and successfully claimed it as their invention and the case is
an example of problems illustrated in TRIPS with regards to patenting biotechnological
processes.

12. Discuss the eligibility criteria for design registration and non-protectable
industrial designs INDIA.
Answer:
Some essential criteria for design registration, as per Section 4 of the Act, mandates a
design to be:
• New or novel;
• Has not been anticipated by publication or use anywhere in the world,
including in India or prior claimed in application elsewhere i.e. does not form a
part of public domain or state of the art;
• Significantly distinguishable from known designs or combination of known
designs; and
• Should not contain any scandalous or obscene matter.

Non-protectable industrial designs India

• Any Industrial Design which is against public moral values.
• Industrial Designs including flags, emblems or signs of any country.
• Industrial Designs of integrated circuits.
• Any Design describing the “process of making of an article”.
• Industrial Designs of – books, calendars, certificates, forms and other
documents, dressmaking patterns, greeting cards, leaflets, maps and plan
cards, postcards, stamps, medals.
• The artistic work defined under Section 2(c) of the Copyright Act, 1957 is
not a subject matter for registration for Industrial Designs, such as:
o Paintings, sculptures, drawings including a diagram, map, chart or plan.
o Photographs and work of architecture.
o Any other work related to artistic craftsmanship.
• Industrial Designs does not include any Trademark (The Designs Act, 2000

13. What indications are not registrable in India? Discuss the different classes
of GI.
For GI registration, the indications must fall within the scope of section 2(1) (e) of GI
Act, 1999. Being so, it has to also satisfy the provisions of Section 9, which prohibits
registration of a GI mentioned below:
• The use of which would be likely to deceive or cause confusion.
• The use of which would be contrary to any law.
• Which comprises or contains scandalous or obscene matter
• Which comprises or contains any matter likely to hurt the sentiments of society
• Religious susceptibilities of any class or section of the citizens of India
• Which are determined to be generic names or indications of goods and are, therefore,
not or ceased to be protected in their country of origin or which have fallen into disuse
in that country.

Classes of GI
• GI certified goods are classified under 34 different classes, such as Class 1 is for
chemicals used in industry, science, photography, agriculture, horticulture and
forestry; unprocessed artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations; chemical
substances for preserving foodstuffs; tanning substances; adhesives used in industry.

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Class 2. Paints, varnishes, lacquers; preservatives against rust and against

deterioration of wood; colorants; mordents; raw natural resins; metals in foil and
powder form for painters; decorators; printers and artists
Class 3. Bleaching preparations and other substances for laundry use; cleaning;
polishing; scouring and abrasive preparations; soaps; perfumery, essential oils,
cosmetics, hair lotions, dentifrices
Class 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding
compositions; fuels(including motor spirit) and illuminants; candles, wicks.
Class 32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit
drinks and fruit juices; syrups and other preparations for making beverages.
Class 33. Alcoholic beverages(except beers)
Class 34. Tobacco, smokers’ articles, matches

More details can be extracted from the official website of CGPDTM Office
https://ipindia.gov.in/writereaddata/images/pdf/classification-of-goods.pdf

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