INTELLECTUAL PROPERTY RIGHTS (2019-20)

Subject Code: 18HS52 No. of Credits: 2 No of lecture hours per

week: 2 Hrs
Exam Duration: 2 Exam Marks: 50 Total No. of lecture hours:
HOURS 26hrs
Course Objective:
1. The main objective of the IPR is to make the students aware of their rights for the
protection of their invention done in their project work.
2. To get registration in our country and foreign countries of their invention, designs and
thesis or theory written by the students during their project work and for this they must
have knowledge of patents, copy right, trademarks, designs and information Technology
Act.
3. Further teacher will have to demonstrate with products and ask the student to identify
the different types of IPR’s.
units Syllabus Content Hours

INTRODUCTION: Meaning of property, Origin, Nature, Meaning of

Intellectual Property Rights, Provision of IPR under TRIPS and WTO.
1 Kinds of Intellectual property rights—Copy Right, Patent, Trade Mark, 03
Trade Secret and trade dress, Design, Layout Design, Geographical
Indication, Plant Varieties and Traditional Knowledge.

PATENT RIGHTS AND COPY RIGHTS— Origin, Meaning of Patent,

Types, Inventions which are not patentable, Registration Procedure,
Rights and Duties of Patentee, Assignment and licence , Restoration of
2 lapsed Patents, Surrender and Revocation of Patents, Infringement, 10
Remedies & Penalties.
COPY RIGHT—Origin, Definition &Types of Copy Right, Registration
procedure, Assignment & licence, Terms of Copy Right, Infringement,
Remedies, Copy rights with special reference to software.
TRADE MARKS— Origin, Meaning & Nature of Trade Marks, Types,
3 Registration of Trade Marks, Infringement & Remedies, Offences 04
relating to Trade Marks, Passing Off, Penalties.
DESIGN- Meaning, Definition, Object, Registration of Design,
Cancellation of Registration, International convention of design- types
4 05
and functions.
Semiconductor Integrated circuits and layout design Act-2000.
BASIC TENENTS OF INFORMATION TECHNOLOGY ACT-2000-
5 04
Cyber crimes, digital signature and E-Commerce.
Course outcomes:
• The students once they complete their academic projects, they get awareness of
acquiring the patent
• They also learn to have copyright for their innovative works.
• They also get the knowledge of plagiarism in their innovations which can be
questioned legally.
TEXT BOOKS:

• 1. Intellectual Property Rights and the Law, Gogia Law Agency, by Dr. G.B. Reddy
• 2. Law relating to Intellectual Property, Universal Law Publishing Co, by Dr.
B.L.Wadehra
• 3. IPR by P. Narayanan
• 4. Law of Intellectual Property, Asian Law House, Dr.S.R. Myneni.
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 PART A

GENERAL ASPECTS & INTELLECTUAL

REGIME OF IPRs

CHAPTER1

GENERAL ASPECTS OF
INTELLECTUAL PROPERTY RIGHTS-(IPR$)
NATURE, MEANING AND SCOPE OF IFPRs

Synopsis
A. Introduction
B. Meaning of Intellectual Property
C. Why Legal Protection for Intellectual Property?
D Scope of Intellectual Property Rights
E Expansion of IPRs under WTO-TRIPS
F. Components of IPR

A. Introduction
Creation, enjoyment and accumulation of 'property' has been a central
human life, i.e., 3i (Artha), F I
activity of human life. Out of four objects of
(Kama), q (Dharma) and HET (Moksha) the first object is 3 i.e., money.
It
is a fundamental requirement of sustaining material life.
According to Halsbury's Laws of England property is that which
and
belongs to a person exclusively of others and can be subject to bargain
sale. It includes goodwill, trademarks, licences to use a patent, book debts,
options to purchase, life policies and other rights under a contract.

Property can be classified into two broad categories:

i) Tangible-(Movable and Immovable)
(i) Intangible-(Intellectual Property)
The subject-matter of this book is intellectual property and its legal
protection. Therefore in forthcoming pages all aspects of intellectual
regulating IPRs will be discussed in
property rights and various laws
comprehensive manner.

B. Meaning of Intellectusal Property

superior from other living creatures because they
Human beings are

1. 3rd Ed. Vol. 33, p. 310.

 2 LAW RELATING TO INTELLECTUAL PROPERTY RIGHTS
nasseas intellect ) . Creative genius of
human being creates intellectual
noperty; which in turn, when properly exploited, can
is essentially a creation of mind, therefore, it is called earn wealth. Since it
inventions, industrial designs, literary and artistic intellectual property :
promote commerce are some commonly known forms works, symbols used to
of intellectual
property.
(Basic Concepte of Intellectual Property Law
The law relating to
intellectual property is based on certain basic
concepts. Thus patient law centres round the concepts of novelty and
inventive step. Design law is based
any other country as well as inoriginality,
on which not
published in previously
India. Trade marks law is based
on the
concepts distinctiveness and similarity of marks and
of
goods. Copyright
is based on similarity of
the work in any material the concepts of originally and reproduction of
form.
Salmond says, the unnatural
valuable as his hands or his product of a man's brains may be as
goods. The law, therefore, gives him
proprietary right
in it.
a

(Since, at present times intellect is an integral part of one's

and öne's intellect
plays an important role in deciding what sortpersonality
his body be
engaged into as well as what work his hands take up, itof labour
safely assumed that one's intellect is one's may be
property in the way as is
one's person or one's
bodily labour or work of one's hands same i.e. one's skill.
With this logic, one's intellect is
labour and intellectual skill. exclusively his own, so is his intellectual
Moving a little
intellect, intellectual labour and intellectualfurther,
if these things,
skill are one's
namely
characteristic, then anything which comes out of an property or
of these three is application any or all
equally one's own. Therefore, naturally, a person
of
have a right to own these should
products
this proprietary right once the
of his intellect. Needless to
say that it is
termed as one's
product of one's intellect, which has
been
Intellectual Property Right.*
The statute law relating to
intellectuar
changes so as to being them to harmonize with property in India is undergoing
the
the developed countries. This has become corresponding laws in
necessary after India signing the
GATT and TRIPS and becoming a member of WTO.
C. Why Legal Protection for intellectual Property?
Every human endeavour which promote economic, social, scientific and
cultural development of society must be encouraged and the
creator must be
suitably rewarded by affording legal protection to his intellectual
Thus the Intellectual Property Rights (UPRs) are the creation.
the use of creations of human minds. legal rights governing
The intellectual property law regulate the
exploitation of mental or creative labour. It prevents creation, and
use
third parties from
becoming unjustly enriched by reaping what they have not sown. This is a
branch of the law which protects some of the finer manifestations of human

1. Salmond: Jurisprudencu, p. 422.

2. Mishra JP: An Introduction to Intellectual Property Rights, Central Law Publication, (2009)
p. 42
 3
GENERAL ASPECTS & INTELLECTUAL REGIME OF IPRe

achievement.'
/D. Scope of Intellectual Property Rights
Organisatio0n
Convention establishing World Intellectual Property defínition
he to this the
WPO) has given a wider definition of IPRs. Acording
IPRs shall include the rights relating to
() Literary, artistic and scientific work;
and broadcasts;
(1) Performances of performing artists, phonograms
(ii) Inventions in all fields of human endeavour;
(iv) Scientific discoveries;
(v) Industrial designs; names and
and commercial
(vi) Trade marks, service marks,
designations;
against ights
unfair competition and; all otherscientific
) Protectionfrom intellectual activity in the industrial,
resulting
literary or artistic fields.

WTO0-TRIPs
E. Expansion of IPRs under
Trade-Related Aspects of Intellectual Property
The Agreement on
consists of 73 Articles in VII parts. The Intellectual property
Rights (TRIPs) 'multilateral framework of
need for a
rights are private rights, but there is a
with intellectual property rights. For
principles, rules and disciplines dealing the TRIPs have been
the first time, under the auspices of the GATT, 1994
negotiated under multilateral negotiations.
(WIPO) is a specialised
The World Intellectual Property Organisation
accessible
Nations for developing a balanced and
agency of the United
an aim to reward creativity,
international intellectual property regime with
economic developmer.t while at the
stimulate innovation and contribute to
same time safeguarding
the public interest.
was established in the WIPO
Convention in 1967 with a
WIPO
of intellectual
mandate from the member countries to promote the protection
the states and in
property through out the world through cooperation among
collaboration with other international organisations.
Although WIPO has given a wider definition of IPRs, yet the scope of
IPRs has been further expanded by Trade Related Intellectual Property
within IPRs
Agreement of World Trade Organization. TRIPs have included
trade secrets
the nights of plant breeders, rights arising out of biodiversity,
and computer generated layout designs.
According to TRIPS the Intellectual Property Rights are-
1. Copyright and Related Rights:
(a) Rights of artists, painters, sculptors,
musicians
photographers, and authors for copyright in their works
(b) Rights of computer programmers whether in source or
object code for a copyright in their programmes and
compilation data;
1. W.R. Comish, Intellectual Property, 3rd Ed., 2001 Universal Law Publishing Delhi, p. 3.
 LAW RELATING TO INTELLECTUAL PROPERTY RIGHTS

(c) Rightsof performance producers of phonogrammes

recording) and broadcasting organizations in respect
(sound
fixation on their programmes for copyrights in their work.
2. Right of traders in their trade marks.
3.
Right of manufacturers and producers on geographical indication
in relation to such
products and produce.
4. Right of
designers for their distinctive design striking to the eye
5. Patents
(a) Rights
of the inventor for
patent of his invention.
(b)Rights of plant breeders and farmers.
(c) Rights of biological diversity.
6. Right of computer technologists for their layout design or
integrated circuits.
7. Right of businessmen for protection of their undisclosed
information on technology and management, i.e., business secrets
(Art. 1(2) of TRIPs)
The Agreement of Trade Related Intellectual
which came into force in Property Rights (TRIPs),
to be adopted by the
1995, the agreement sets the minimum standards
members,
Members are free to determine the though they are free to exceed them.
provisions of the agreement underappropriate
method of implementing the
this legal system and
TRIPs lays down precise practices. The
IDR and the rights
provisions relating to the scope and terms of the
accruing to the
standard and norms for the enforcementright holder, as well as minimumn
of those rights.
India ratified the WTO
a party to the TRIPs. In
agreement in December, 1994 and thus became
order to fulfil its commitment under
the Government of India in December 1999 the agreement,
introduced necessary Bills for
formulating and amending the laws in practically all fields of
are covered under the TRIPs IPRs, which
agreement and brought out the necessary
changes in IP laws of the country.
The objectives of the protection and enforcement of intellectual
rights are the promotion of technological innovation and property
the transfer and
dissemination technologsy, to the mutual advantage of
of
of technological producers and users
knowledge and in a manner conducive to social and
economic welfare and to a balance of rights
and obligations.
adopt measures necessary to protect public health Members may
and nutrition, and to
promote the public interest in sectors of vital
socio-economic and importance to their
technological development.
F. Components of IPRs
The various components of IPRs as
enviságed by WIPO and TRIPs
have specific aims and objects. Although a detailed study of these
rights will be made in subsequent chapters, it is specific
worthwhile to explain, in
brief, their meaning hereunder:
1. Copyright and Related Rights
The word "copyright" is derived from the expression 'copier of words'
 ASPECTS&INTELLECTUAL REGIME OF IPR$
GENERAL
in 1686. The
in the context acording to the Oxford dictionary
hrst used artistic, dramatic, musical,
matter of copyright is the (literary, also include
Suoject recording) Literary works now
films, 8ound
Cinematographic /computer database. In
'including
computer programmes, tables, compilation is called as author's
than English, copyright
Buropean languages other
nost
rights. idea without tangible
creation. Mere
The copyright is to original
intangible, incorporeal
not granted legal
protection. It is a n
expression is or artistic production,
or originator
of certain literary
author
right granted invested for a specified term with sole and exclusivethem.
to right of
whereby he is work and publishing
and selling
his original
multiplying copies of
Services Marks
2. Trade Marks and is a
a r e sold in market.)It
a symbol through
which goods
Trade mark is denote and distinguish goods of competing
traders./They
devices or
symbolwhich may pictorial
letter, numerals, logo, design, word
may consist of single
combination of words and devices. services such as banking
in connection with
When a trade mark is ysed called service
marks.
tourism, etc. they are
telecommunication, airlines,

3. Patent "Letters Patent". These

has its origin in the phrase addressed by
The term "patent" seal of King of England
instruments under the great conferred certain
w e r e the Crown
at large in which the recorded
the subject in the
the Crown to all individuals. However,
on one or
more in
rights and privileges to John of Utynam
w a s granted
in the year 1449 which
history, the first patent for(inventions
glass. Patent is grantedwhose invention has,
Russia for a process
of making
and commercial value.)Any
person
have industrial obviousness) and is
of industrial
inventive steps (non
certain term to
novelty, involving a monopoly right for a
be granted out of his
invention.
application, c a n invention and e a r n profit
his TRIPs regime has
commercially exploit ever since the
here that
to mention
It is worthwhile subject of controversy
the patent has become a major
come into
force
countries.
between developed
and developing

4. Geographical Indications
miGh be
agficultural goods,
which identifies goods, such as
of a
orginating in the territory
indication
(An or manufactured goods as
natural goods called as geographical
in that territory a r e reputation or other
or locality
country,)or a(region denote quality, reputation oro
These indications attributable to its geographical
indicatións.)
such goods essentially
charactenstics of indication confers the ngn
conferred on geographical to t n e
origin. The right from commercially exploiting the respective rights
prevent cCompetition
detriment of the o w n e r of that property.

Universal Law,
Marks, Copyright,
Design.
Relating to Patent, Trade
1. Wadehra B.L. : Law
281. 5.
Publishing. Delhi, (2000), p. Law House,
Hyderabad. (2003). p.
Asia
Law of Intellectual Property,
2. Myneni S.R. :
 PROPERTY RIGHTS
LAW RELATING TO INTELLECTUAL

6. Industrial Desigms
features of shape, configuration,
Industrial design means only the colour applied to any articie
or composition of lines or
pattern, ornament by an
whether in two dimensional or three dimensional or in both forms,
industrial process or means whether manual, mechanical or che
to and are judgea
separate or combined which in the finished article appeal of constructio
solely by the eye; but does not include any mode or principle
and does not include any trade markIn the case of industrial designs
registered u a e
property oonsists in the exclusive right to apply the design
the statute.
Having explained the basic elements of IPRs in this chapter
we
now
lFs
ove on to explore the systematic evolution and development
of regin
at international and national level in the next chapter
Select Question
Q.1. Define Intellectual Property. Explain the scope of intellectual
property as expanded by WIPO and TRIPs.
 PART B

NATIONAL REGIME OF IPRs

Section -COPYRIGHT

CHAPTER 4

MEANING, NATURE AND SCOPE OF COPYRIGHT

Synopsis
Introduction
B. Development of Copyright Law in India
C. Definition of Copyright
D. Characteristics of Copyright
E. Subject-matter of Copyright Protection
A. Introduction
Literary and artistic creation is a unique feature of human beings. This
intellectual creativity has been recognized and protected by law in the form
of copyright. It is an exclusive right given by law for a certain
term to an
author, composer etc. (or his assignee) to print, publish and sell copies of his
original work) From Berne Convention, 1886 to TRIPs agreement of 1995
the international law on copyright has been crystalized on sound
Since India has been member of various international agreements
footing.
including
TRIPs the law on copyright has been revised and brought in conformity with
TRIPs Agreement.
Scope of Copyright
Copyright is a creation of the statute. No person is entitled to copyright
or any 8imilar right in any work except those
provided under the Copyright
Act. Copyright law is, in essence, concerned with the negative right of
preventing copying of physical material existing in the field of literature and
the arts.Cts object 1s to protect the wnter, or the creator of the original work
from the unauthorised reproduction or exploitation of his materials) The
right also extends to prevent others, from exercising without authornty any
other form of right, attached to copyright,

History of Copyright Law

The word copyright derives its meaning from the expression, copy of
1. See Chapters 2 and 3 for detailed description.
 NATIONAL REGIME OF IPR« Section COPYRIGHT 21
words first used in this context
in 1586. Intellectual property was first
recogmised ín the form of copyright. Copyright is one of the seven items
which
constitute "intellectual property" for practical
fundamental area of intellectual property law, that is TRIPS
Agreement. It is purposes as
per
important, not only with
vitally
res pect to works authorised by individual for the
myTiad types of work produced by company of all sizes.
The objectives of copyright law is to encourage authors, composers and
artists to create
original works by rewarding them with exclusive right for a
limited period to
reproduce the work for the benefit of the public. On the
expiry of the term of copyright, the work
belongs to public domain and
anyone may reproduce them without permission. The exclusive right given
to the author, a negative right, to prevent others from copying or
reproducing the work.
The doctrine of ubi jus ibi remedium ie., where there is right, there is
remedy, is well established principle, which is also applicable in copyright
law. Copyright law provides for various economic and moral rights on one
hand and various remedies in case of infringement of these rights on the
other.
Copyright is largely territorial in nature. There is, no complete
International' law on copyright. Each country sets forth its own substantive
and procedural rules with respect to the protection and use of works in their
respective jurisdiction.
The concept of infringement of copyright is similar in most of the
countries with some variations. In Australia, any person other than owner of

copyright, dealingwith substantial part of something protected copyright by

work.
without his permission causes the infringement of copyright
are made as
In Australian Copyright Act, 1969 some provisions
in form of fair dealing'. In France, the author has
exceptions of infringement
the right to "the respect of his name', of
his statute as author, and of his
Violation of any conferred on the owner amounts to
right
work".
made copyright law in order to
infringement. European Union ha_
of its member states.
harmonise the laws related to copyright
in effect, as a form of
The Common law countries treat copyright authors and
created by individuals or corporate
property, capable of being as any
commercial exploitation in the same way
once created, susceptible to
exclusively directed securing
other for property, the component rights being
enjoyment of economic potential of the property.
in India
B. Development of Copyright Law Act
oldest statute made applicable to India was Indian Copyright
The Governor
of 1847 enacted during British India
regime. It was passed by
December, 1847, but its
implementation
General of India-in-Council on 15th effective Copyright Act was
However the first
is not recorded in history,
version of British Copyright Act 1912. lt
passed in 1914. It was a modified Schedule. The
15 sections and one
WAS small Act containing Parliament in 1957.
was enacted by Indian
comprehensive law on copyright
 28 LAW RELATING TO INTELLECTUAL PROPERTY AIGHTS

(Salient Featuree of Copyright Act, 1967

1. Definition of various categories of work in which copyright
8ubsists and the scope of the rights conferred on the author
under the Act.
2. Provisions to
determine the first ownership of copyright in
various categories of works.
S. Terms of copyright for different categories of works.
4. Provisions relating to assignment of ownership and licensing of
copyright including compulsory licensing in certain circumstances.
5.Provisions relating to performing rights of or by societies.
6. Broadcasting rights.
7. International copyright
8. Definition of
9. Exception to the
infringement
of copyright
exclusive
which do not constitute right conferred the author
on or acts
10. Author's special rights. infringement.
11. Civil and criminal
remedies against infringement.
12. Remedies
against groundless threat of legal proceedings.
13. Creation of a
Copyright Office and a Copyright Board to facilitate
registration of copyright and to settle certain kinds of disputes
arising under the Act and for compulsory
The Act of 1957 was enacted licensing of copyright.
in conformity with provisions of
Convention and Universal
further amended as Copyright Convention. The Act of 1957Berne was
follows:
1. Copyright (Amendment) Act, 1983
2. Copyright (Amendment) Act, 1984
3. Copyright (Amendment) Act, 1992
4. Copyright (Amendment) Act, 1994
5. Copyright (Amendment) Act, 1999
b) Salient Features of 1994 Amendment
The Amending Act of 1994
provided for{i) performers'
protection covering any visual or artistic rights
presentation made live by one
more performers; (ii)
copyright societies, seeking to promote or
administration of the rights of authors, composers
collective
and other
iii) assignment of copyright by an author creative artists;
of both assignor and assignee; and
or artist to protect the interests
(iv) computer
einematograph films and sound recordings
protection. programmes,
(c) Amendment in 1909
The Copyright Act was further amended to
TRIPs Agreement. Following major changes were fulfil the obligations of
(G) Termn of copyright for incorporated.
60 years.
performers was increased
from 25 to years
(ii) Definition of literary work was amended
programmes.
to include computer
 NATIONAL REGIME OF IPRe Secton -cOPYRIGHT 29

(ii) Central Government was given power to regulate rights of

broadcaeting organizations and performers.
Oegn
The above survey of Copyright Law in India, thus, reveal that India
has fulhiled its international obligation by making necessary changes
Copyright Act of 1957 from time to time.
C. Definition of Copyright
Section 14 of the Act has given a comprehensive definition of copyright.
It is reproduced hereunder.
Meaning of Copyright (Sec. 14).-For the purposes of this Act,
"Copyright" means the exclusive right subject to the provisions of this Act, to
do or authorise the doing of any of the following acts in respect of a work or
any substantial part thereof, namely :-
In Govindan v. Gopal Krishnan,' Madras High Court defines copyright
as for each category of work, the meaning of copyright is quite extensive
work is
especially when we note that the definition of most genres of
inclusive rather than exhaustive and that copyright protection extends to all
kinds of work including those which represent "originally at vanishing
point".
In Hollinsake v. Truwell,2 it was held that the defendant must not make
has expressed
an unusual substantial use of the form in which the plaintiff
his ideas or information. But he is at liberty to take
from the plaintiff's work
the s a m e in his own form
the essential ideas, however original and express and
or use it for his own purposes.
It is the product of the labour, skill
not be appropriated by another, nor
the
capital of one man, which must skill and
elements upon which the labour, capital of the first have been
expanded. not
of literary, dramatic or musical work,
(a) in the case a

being a computer programme

the storing
(i) to reproduce the work in any material form including
electronic means,
of it in any medium by
not being copies already
(ii) to issue copies of the work to the public
in circulation,
communicate it to the public,
iii) to perform the work in public, or
or sound recording in respect
(iv) to make any cinematograph film
of the work,
to make any translation of the work,
(v)
adaptation of the work,
or
(vi) make any
to
or an adaptation of
the work,
(vii) to do, in relation to a translation sub-clauses
relation to the work in
of acts specified in
any the
(i) to (vi).
(b) in the case of a computer programme
in clause (a), or
(i) to do any of the acts specified
1. AIR 1995 Mad. 393.
2. (1894) 3 Ch. 420.
 90 LAW RELATING TO INTELLECTUAL PROPERTY AIGHTS

(fi) to sell or give on commeercial rental or offer for sale or for

commercial rental any copy of the computer programme:
Provided that such commercial rental does not apply in respect of
computer programmes where the programme itself is not the essential object
of the rental.
(c) in the case of an artistic work
a)to reproduce the work in any material form including depiction
in three dimensions of a two dimensional work or in two
dimensions of a three dimensional work,
1) to sell or give on
hire, or offer for sale or hire, any copy ot the
computer programme, regardless of whether such copy has been
sold or given on hire on
earlier occasions,
(ii) to communicate the work to the
iv) to issue copies of the work to
public,
the public not being copies already
in circulation,
(v) to include the work in any
(vi) to
cinematograph film,
make any adaptation of the
work, or
(vii) to do in
relation to an adaptation
of the work any of the acts
specified
in relation to the work in sub-clauses (i) to (iv);
(d) in the case
i) to make a
of a cinematograph film
of thecopy film, including
forming part thereof,
a
photograph of any image
i) to sell or give on hire, or offer for sale or hire,
film, regardless of any copy of the
whether such copy has been soid
hire onearlier occasions, or
given on

(i) to communicate the film to the

(e) in the case of a sound
public;
G) to make any other sound
recording-
recording
(ii) to sell or give on hire, or offer for embodying it,
sale or hire,
sound recording regardless of whether such copy hascopy
any
of the
or given hire on earlier
on been sold
(ii)
occasions, or
to communicate the sound recording to the
public.
sold
Explanation-For
once
the purposes
shall be deemed to of this tection, copy which has been
a
be a copy
For proper and clear
already in circulation.
copyright understanding of the
menning and nature of
we can
analyse the various aspects of
manner. copyright in following
D. Characteristics of Copyright:
Essential features of copyright
are
(i) Creation of statute.
(ii) Multiple rights.
(iii) The work must be original.
(iv) Copyright exists in expression of idea and not the
We shall idea itself.
now explain these issues in detail
 NATIONAL REGIME OF IPRs Secton 1-COPYRIGHT 31

(i) Creation of statute.-The

copyright is and granted
according to Copyright Act. There is no common law right.' No copyright can
protected
exist in any work except as provided in Section 16 which reads as under

opyrght except as provided in this Act.-No person shall be

entitled to copyright or any similar right in any work, whether
published or unpublished, otherwise than under and in accordance with
the provisions of this Act or
any other law for the time being in force,
but nothing in this section shall be
construed as abrogating any ignt
or jurisdiction to restrain breach of trust or confidence.
Aii) Multiple Rights.-Copyright is not a single right, rather it is a
bundle of rights in the same work. It comprises of, in case of literary
worK,
right to reproduction, right to translation, right to adaptation, right to
dramatic and cinematographic version, right to public performation and
right to serial publication. It is also in the form of monopoly right
restraining others from exercising all or any of the rights and it is also a
negative right, restraining others from copying or reproducing the work. A
detailed study of these rights has been made in the next chapter.
Aiii) The Work must be original.-The first and essential1
requirement for claiming copyright is the originality of work. There cannot
be a claim of copyright in a copy of any other's work or in a similar work.
Use of original skill and labour is essential to acquire copyright in a work.

i v ) Copyright exists in expression of idea and not

mere
material
idea-The copyright exists only in expression of idea in some
idea unless expressed
form, i.e. book, film, photograph or musical tone. Mere have a
is not capable of claiming any copyright. For example person may
a
he then narrates
brilliant idea or plot for a story or a picture in his mind,
and writes a book or play
his idea to another person, who works on the idea
or paints a picture the person
who communicated the idea cannot claim the
second person who gave expression to the idea and
copyright, and it is the The Supreme Court of India in a
he will become entitled to claim copyright."
has deciared that there can be no
leading case R.G. nand v. Delux Films,° or historical facts.
copyright in an idea, subject matter, themes, plot
Protection
E.Subject-matter of Copyright
available in various fields
A s mentioned earlier, copyright protection is Act has provided categories of
of intellectual creativity. Section 13(1) of the
as follows :
works, in which copyright subsists. It reads
and the other provisions
"Subject to the provisions of this section
India in the followin8
of this Act, copyright shall subsist throughout
classes of, works, that is to s a y
musical and artistic works;.
Ay Original literary, dramatic,
b) Cinematograph films; and
1. Manojah Cine Production v. Sudarshan, AIR 1976 Mad 22.
A.
2. See Sections 13(a) and 13(3); also see, Jagdish Prasad Gupta
v. Parmeshwar Prasad Singh
AIR 1966 Pat. 3.
1961 Mad 111.
2. C. Cunnaiash and Co. v. Balraj and Co., AIR
3 All 503.
4. Donogh v. Allied Newspapers Lud., (1937)
6. AIR 1978 SC 1613.
 32 LAW RELATING TO INTELLECTUAL PROPERTY RIGHTs
(c) Sound recordings."
With the help of decided case the
explained through following illustrations : meaning of each class of work is
Literary work
The expression "literary work" has been
Act as
including computer programmes, tablesdefined
and
inSection 20) of the
computer database. compilations including
Some examples of
hereunder literary works in which
copyright subsists are given
Dissertation.-The research thesis and dissertation
scholar involves labour
In Fateh
and skill, and thus entitles for prepared y
Singh Mehta's case,' the copyright protection.
injunction against use of material Rajasthan High Court granted
by guide from the Ph.D. thesisinterim
student. of his
Question
labour, skill andPapers.-The
time on the
person who sets the question papers invests
and the
copyright vests
He is the preparation. author of question paper
in him.
Enclyclopaedia &
Dictionaries.-Preparation
subject involves considerable of a dictionary
amount of labour, skill and on any
Copyright will subsist in judgment.
dictionary for arrangement
format which cannot be sequence or idiom
Head Notes of Law appropriated by another."
systematic clear and concise Report andof Digest.The head note is a
court in a presentation
judgment. Preparation of head notes of law laid downprinciples
editor. by
They are, therefore, treated as require art and skill of
copyright protection. original literary work entitled for
Translation.-Translation
is entitled to copyright
of literary work is
itself a literary work
protection; reproduction of publication
without consent or licence and
of translation
of the owner of the
amount to infringement. in copyright the original would
Abridgment of literary work.-Abridgement
an
original work in amuch more is the
of reproduction
abridgement of precise and concise
a
literary work is an original work and is way. A genuine
copyright. a
subject matter of
The above
illustrations are
merely
Some more
categories of works such illustrative and not exhaustive.
as
letters,' Lectures, code
1.Fateh Singh Mehta v. 0.P.
Singhal and words.
2.Jagdish Prasad v. Parameshwar Prasad, others, AIR 1990 Raj. 8.
AIR 1966 Pat.
Bourd of High School and 33;
3. Govindan v. Intermediate Education, U.P., AIR Agarwal Publishing House v.
337
Gopalkrishan, AIR 1955 Mad 319; Chappel v. 1957 All 9
4. Raghunathan v. AlI
Redwood Music, (1981) RPC
India Reporter,
AIR 1971 Bom 48.
6. Blackwood v.
Parasuraman,
AIR 1959 Mad 40.
6. Raghunathan v. All India
Reporter, AlR 1971 Bom 48.
7. Watter v. lane, 1900 A.C. 539.
8. Carid v. Sime, 1887 GLP 526.
9. D.P. Anderson & Co. Lud. v. Liber Code
Company, (1912) 2 K.B. 469
 NATIONAL REGIME OF IPRs Section -COPYRIGHT 33

catalogues,' tambola lickel books have been granted copyright on the ground
that the work has invovled labour, skill and originality in preparation.
Whereas preparation of syllabi, Report of judicial proceedings' and single
worr" have not been found eligible for copyright protection.

(1 Artistic Work
According to Section 2(c), artistic work means
a) painting, a sculpture, a drawing including a diagram, map,
chart, or plan, and engraving on a photograph whether or not
Such work possesses artistic quality;
(i) a work of architecture; and
(ii) any other work of architecture craftsmanship.
Painting.-Painting is an artistic work even if it possesses no
aesthetic quality. What is suffcient to entitle it for a copyright is that it
must be original, i.e., the painting should be the creation of the painter/ and
not a mere copy of another painting. A painting in order to be copyrighted
must be on a surface; it is a tangible object and not only an idea.
Only a painting on a tangible surface is entitled to copyright protection.
Photograph.-A photograph is an artistic work entitled to copyright. A
be
photograph must be original, i.e., originally taken by the photographer to
entitled to protection and to be original, investment of some degree of skill
and labour must be evident. A photograph of a public object, eg, a pubic
building when photographed in a particular manner by a particular
individual is a subject matter of copyright. This does not prohibit another
same object from same angle and
person from taking a photograph of the
of a
claim an independent copyright A photograph or a xerox copy
there is
photograph itself cannot be a subject matter of copyright since
no

involvement of original skill and labour in making such a copy."

In Associated Publisher v. Bashyam, where a portrait of Mahatma
Gandhi was made based on two photographs, it was held that a portrait
a result
based on photographs will be entitled to copyright if it produced
different from the photograph and the portrait itself is original.
In very landma
a of Delhi
judgment High Court in Microfibres Inc. v.
Girdhar & Co., the ivision Bench laid down very significant principles
with regard to the interpretation of Section 2c) of the Copyright Act, 1957,
Section 15(2) of the
read with Section 2(d) of the Designs Act, 2000 and
are summarized as
Copyright Act, 1957 and their interplay with each other,
under
of 'artistic work' under Section 2c) of the Copyright
The definition
1. Lamba Bros. Pvi. Ld v. Lomba Brass, AIR 1993 Del 347.
2. Rai Toys Industries v. Muniv Printing Press, (1982) PRC 85.
3. M/s. Nag Book House v. Stote of W.B.,, AIR 1982 Cal. 345.
4. Jagdish Chandra v. Mohim Chandra, AIR 1915 Cal. 112.
word is
that if a
6. Associated Electronic v. Sharp Tool, AIR 1991 406. (The Court held
represented in artistic manner. it cen claim copyright).
6. See B.L. Wadera op. cit. at p. 307.
7. AIR 1964 Mad l4.
8. RFA (Os) NO.25/2006, deci ted on 28th May 2009
 36 LAW RELATING TO INTELLECTUAL PROPERTY RIGHTs

I I Musical Work
Section 2(p) defines Musical Work' as a work consisting of music and
includes any graphical rotation of such work but does not include any words
or any action, intended to be sung, spoken or performed with music.
Song There is no copyright in a song, the words of the song create a
copyrightin the author of the song and the music of the song is the
copyright of the composer but the song itself has no copyright. In a case
where a song and the music composed by the same man, he would
is written
own the copyright in the
song&
Old songs with different music compositions (remix)-The remixx
Songs which are very popular among the young generation is within tne
dlefinition of adaptation of a musical work, such adaptation is not an
infringement of the copyright of the original musical composition.
Supreme Court in a significant judgment' has held that version
/ recording if done by a skillful and labourious rearrangement of different
music with due permission of the original owner of songs, may claim
protection.
Cinematograph Film-Section 13(1) (b) incorporates cinematograph
films as eligible for copyright
protection. Cinematograph is a film which by
rapid projection through an apparatus called projector produces the illusion
of motion on a screen of many photographs taken
The sound track associated with the film is also a
successfully on a long film.
part of the cinematograph
film. In Balwinder Singh v. Delhi Administration, and Tulsidas
Vasuntha
v.
Kumar video films and television have been treated by cinematograph film
within the meaning of Sec. 13(1X6). As such they are also
copyright protection.
eligible for
Sound Recording.-In Section 13(1c) (as added by
of 1994) the sound recording has also been made
Amendment Act
eligible for copyright
protection. According to Section 2 (xx), sound recording means recording of
sound from which such sound may be produced regardless of
which such recording is made or the method by which the sound is
medium on
produced,
The right of sound recording is different from the
subject matter
recorded as they are subjects of independen copyrights. The author of the
sound recording is the producer. Musical works and sound recordings
embodying the music are considered separate subject-matter for copyright.
The copyright in the recording of music is separate from the copyright in the
music. Copyright in the music vests in the composer and the
copyright in the
music recorded vests in the producer of the sound recording. Where the
song
has not been written down and the composer who is also the
performer
records the song, two copyrights come into existence simultaneously, one for
the music and one for the sound recording.
ÁV) Computer Software and Programmes
Article 10 of the TRIPs and Berne Convention of 1971 required
1. Gramophone Co. of India Ltd. V. Super Casette Industries, 1996 PTC (16) 252.

2. AIR 1984 Del 379.

3. (1991) IW (Mad) 220.
4. P. Narayan Intellectual Property Law, Eastern Law House, (1999) p. 233.
 NATIONAL REGIME OF IPRs Secton -COPYAIGHT

the author was a citizen of India at the time of publication."

Sale of cupies is not essential for the purpose of publication, issue of
copies to the public would be sufficient. Thus it would appear that if copies
of a books are issued to the public on hire by a circulating library that would
constitute publication of the book. In the case of cinematograph film the sale
or hire or offer for sale or hire of the film to the public is sufficient to
establish publication.
Merely circulating a single piece of the work amongst the public
amounts to publication. Even distribution of complimentary copies of book in
release function would also be deemed as publication.
If any dispute arises regarding publication of work, the Copyright
Board will be the final authority to decide the said dispute.
Publication without licence
A work is not deemed to be published or performed in public if
published or performed in public without the licence of the owner of the
copyright. This does not, however, apply to infringement of copyright.
Simultaneous publication in India and Abroad
A work published in India is deemed to be first published in India. This
is so even if it has been published simultaneously in some other country
unless such other country provides a shorter term of copyright for such
work. A work will be deemed to be published simultaneously in India and in
another country if the time between the publication in the two countries
does not exceed thirty days.
The date of publication is important for determining the term of
copyright. If in the opinion of the Copyright Board, the issue of copies or
communication to the public referred to in section 3, was of insignificant
nature, it shall not be deemed to be publication for the purpose of that
section. The Copyright Board under Section 6 of the Act, has the power to
decide whether a work has been published or as the date on which the work
was published.2

C. Term of copyright for different categories of works

(Sections 22 to 29)
Different terms have been fixed for different categories of work. Their
detailed description is as follows:
G) For published literary, dramatic, musical and artistic
work (other than a photograph) (Section 22).-The term is
60 years from the beginning of the calendar year next following
the year in which author dies. In other words the copyright shall
exist till the life time of the author plus,60 vears after his death
Before amendment of the Act in 1992, the term was 50 years,
which has been increased to 60 years in 1992.
In case of joint authorship the reference to the life time of
author is to be construed with reference to that author who dies

1, Section 13(2)
2. Narayanan P, Intellectual Property law, Ird Edn., Eastern Law House p. 312.
 INTELLECTUAL
PROPERTY RIGHTS
50 LAW RELATING TO

last works (Section 23)-An

t ) Anonymous and pseudonymous is not
work in which author's identity
anonymous work is that work the real identity of
disclosed, whereas in pseudonymousname of author is exhibited.
fictitious
author is concealed and a s:absist for
work the copyTight shall
both these categories of 60
n However if before expiry of
60 years from date of publication. the term shall
author is disclosed,
years, the real identity of
extend to life time of author plus 60 years.
24).-When the work is published
iii) Posthumous work (Section work. The
after death of the author, it is called as posthumous
date of publication
shall be 60 years from the
erm of copyright the 60 years
after death. However in case of joint authorship,
last of joint authors.
will be computed after the death of
25).-Photograph has been defined
Gv) Photographs (Section and any work
under Section 203) as including a photolithograph not
but does
produced by a process analogous to photography
include any part of cinematograph film.
of literary or
Since photograph was excluded from category
of
artistic work under section 23 the term of copyright
60 years from its
photograph has been fixed/under Section 25 as
publication. film' has
(v) Cinematograph films (Section 26).-Cinematograph
been construed as including video fillms T.V. Serials, cinema, and
documentary.(The term of copyright has been limited to 60 years
from the publication of film. It may be mentioned that the term
as initially fixed was 25 years which was raised to 50 years in
the Amendment Act, 1992 and it was further raised to 60 years.
(vi Sound recording (Section 27).--The term is fixed as 60 years
from the publication of sound recording. The term was raised to
sixty years in the Amendment Act 1994.
vii) Government works (Section 28)-The copyright in respect
vii)
of government works subsists until 60 years from its
publication.
(viii) Works of public undertakings (Section 28-A).3The term
of copyright will also be 60 years from publication of the work.
(ix) Works of International Organization (Section 29).-The
works of international organization have been explained in
Section 41. The copyright shall subsist until 60 years from the
publication of the work.
of
It may be mentioned here the term of copyright in various categories
to 1992. By amendment Act
work discussed hereinabove was 50 years prior
60 years will be reckoned from
of 1992 the term was raised to 60 years. The
1. See Section 2() for definition of "Cinematogruph Film". Also refer Khajanchi Film Etchange

v. State M.P, AIR 2003 M.P. 3 (DB).

of "Government work".
2. See Section 2(k) for definition of
3. Inserted by Amendment Act of 1983.
 NATIONAL REGIME OF IPRe Section -COPYRIGHT 51
the beginning of the calendar year next following the year in which the work
is first published.
Selected Questions
Q.1. Explain the meaning and importance of publication in
determining term of
copyright.
2numerate
provided in Copyright the term of copyright
Act. How is the
for various categories
period computed?
of work as

STUTE 0:
CHA
OKAkIHS2

LIBRARY

Date..

NEW C
CAMPUS, IORE
 CHAPTER 16

PATENTABLE AND NON-PATENTABLE INVENTIONS

Synopsis
A. Introduction
8. Patentable Inventions
C. Non-Patentable Inventions
A. Introduction
Every invention is not worthy of grant of patent. In order to obtain
patent an invention has to pass through the triple requirement of newness
(novelty), non-obviousness and usefulness. Further even if these conditions
are fulfilled, an invention may be denied grant of patent if it is prohibited
under law. In this chapter essential requirements for grant of patent and
details of non-patentable inventions are discussed.
B. Patentable Inventions
Patent Act, 1970 (as amended in 2005) defines invention as, "invention
means a new product or process involving an inventive step and capable of
industrial application" It further states that; inventive step means a
feature of invention that involves technical advance as compared to the
existingknowledge or having economic significance or both and that makes
the invention not obvious to a person skilled in the art.2
The above definition of invention reveals that following attributes are
essential in a product or process so as to qualify for patent. They are
explained hereunder
I)Novelty.-Novelty is of core value. As defined in Patent (Amendment)
Act, 2005 a new invention means any invention or technology which has not
been anticipated by publication in any document or used in the country or
elsewhere in the world before the date of filing of patent application with
complete specification, which the subject matter has not fallen in public
domain or that it does not form part of the state of the art. In other words
the element of novelty (newness) in an invention 18 dependent upon the state
of prior art, i.e., the existing knowledge and similar inventions
already
known in the particular feld. There would be no novelty if there has been
prior publication and prior use of an identical invention. For instance, the
recent grant of patent in the USAto turmeric products was challenged on
this ground. The Indian Council of Seientific and Industrial Researeh (CSIR)
1. Sec. 20).
2. Sec. 20a).
3. Patent (Amendment) Act, 2005, Sec. 2. For more details see Elizabeth Verkey. Law of
Patent-EBC, Lucknow, (2005).
 NATIONAL REGIME OF IPRs Sectlon I1-Patents 105

challenged the grant of patent on turmeric by the U.S. Patent Office on the
plea that the patent could not be granted since there was no novelty
invention. Also that what had been patented was already published m in the
Indian texts and use of turmeric
preparations has been made in our country
since times immemorial. The CSIR was successful in
patent to an American Company revoked.
getting the grant o
This instance highlights the
importance of the element of novelty for an invention to qualify for grant of
patent.
I n a very significant judgment of Mariappan v. A.R. Safiullah,' the
patent has been granted in respect of a device used for manufacture ot
manualy hauling the agricultural produce. A device for hauling agriculture
roduce comprising a container of synthetic polymeric material defined bya
hollow trusta-conical body open at he top and closed at the base and
tapering from the operative open top to the base with perforated walls. The
plainutts alleged that the respondent-defendant, in fact, sold this device to
the Department of Horticulture, Govt. of HP and other private parties. The
plaintits consequently filed a suit praying for a decree for grant of
permanent prohibitory injunction in their favour restraining the defendant
from infringing the Patent No. 195917 and also for a decree of mandatory
injunction virtually in the same terms. The defendant contested the suit ane
contended that the plaintiffs have fraudulently obtained the patent and the
patent has wrongly been granted in their favour. The defendant further
alleged that there is no novelty or invention in the patent and in fact it is
just centuries old device popularly known as "KILTA" which was originally
made of bamboo and has now been produced in plastic, it is also further
alleged that the defendant had anticipated the device in fact in December,
2001. It designed a similar Kilta and sent drawings of the same for
manufacturing of the design to Arries Moulding Company Ltd., Taiwan and
thereafter the production of the Kilta was started and the same was
introduced in the market.
The Court through the Division Bench observed that a bareperusal of
the definition of invention clearly shows that even a process involving an
inventive step is an invention within the meaning of the Act. It is, therefore,
not necessary that the product developed should be a totally new product.
Even if a product is substantially improved by an inventive step, it would be
termed to be an Invention. The definition of inventive step' provides that
when technical advances as compared to existing knowledge take place in an
existing product or there is improved economic significance in the
development of the already evisting device and the invention is not obvious
to people skilled in the art, it would amount to an inventive step. A Kilta is
a traditional product which has been used since time immemorial for
in
carrying produce including agricultural produce in hill areas especially
the State of Himachal Pradesh. The traditional Kilta is made of bamboo.
The shape of a kilta is conical having a wider circular opening on the top
and it tapers and narrows down at the bottom. There is virtually no
difference in the overall design of the tradition Kilta or the devices
developed by the plaintiffs and the defendant. A visual comparison of the
1. Dated 30.06.2008, the High Court of Madras, O.S.A. NOS. 263.
106 LAW RELATINa TO INTELLECTUAL PROPERTY RIGHTS

three items prima facie establishes that the articles manufactured by the
plaintiffs and the defendant are virtual copies of the traditional Kilta. The
only difference is that the Kilta is made of bamboo and the Kilta made by
the plaintiffs is made of polypropylene copolymer (PP). The Kilta madeby
the defendant is also made of polymeric material. The Kilta manufactured
by the defendant is made of high density polyethylene (HDP). In actual fact,
both the materials are polymers in common parlance known as plastic. The
only visible difference is that device now being manufactured is having
detachable nylon straps with buckles. The question which arises for
consideration is whether this change of material from bamboo to plastic and
the development of adjustable nylon straps with buckles is an inventive step
falling within the meaning of Section 2ja).
Keeping in view the aforesaid discussion; the Court oconcluded that the
device developed by the plaintiffs is in fact the result of traditional
knowledge and aggregation /duplication of known products such as polymers
and, therefore, cannot be said to be an invention. The plaintiffs are,
therefore, not entitled to any injunction.
() Non-obviousness-Patent rights are not available for new, usefuland
non-obvious advances that are merely obvious extensions or modifications of
prior designs,that ecould be achieved without the lure of patent rights. A
patent may not be obtained though the invention is not identically disclosed
or
described,
if the differences between the subject-matter sought to be
patented and the prior art are such that the subject-matter as a whole would
have been obvious at the time the invention was made to a person having
ordinary skill in the art to which the said subject-matter pertains. In
addition to novelty, potentiality is to depend, upon the "non-obvious" nature
of the "subject-matter sought to be patented" to a person having ordinary
skill in the pertinent art.
Patents ought not be granted for every trivial advancement. Minor
improvements were considered as reflecting the work of a skilful mechanic
for which protection ought not be granted. It is often difficult to determine
whether a given improvement is a mere mechanical advance or the result of
the exercise of the creative faculty amounting to a meritorious invention.
The fact that the invention seems simple after it is made does not determine
the question.
In Bajaj Auto Ltd. v. TVS Motor Company Ltd. Madras High Court
observed that the term "obvious" is a circumstance where a person of skill in
the field, on going through the specification would complete the
product.
Therefore, even if any of the two ingredients, viz., technical advance or
economic significance, or both are available, if such invention enablesa
person of skill in the field, on going through the specification would complete
the product, such invention can never be treated as an "inventive step" and
consequently no patent can be validly issued
It further observed that even after the grant of patent under Section 43

cit. p. 95.
1. Elizabeth Verkey op.
Co. Bradford, 214 US 366.
2. Expanded Metal
v.

in C.S. No. n I of 2007, decided on 16/2/2008.

3, 0.A. No. 1357
 NATIONAL REOIME OF IPRe Section IPatents 107

of the Patents Act, 1970, which is given effect from the date of
application for the patent under Section 63(1 i), it is open to a party,filing
who 1s
opposing the patent to prove that there are no inventive step in the
invention of a patentee and
therefore, the patent granted not
into consideration at least at the stage of granting an need
order otbeinerim
taken
injunetion.
(I) Industrial application.-An invention must be
capable of 'industrial
application for
purely abstract
grant of patent. The patentprotection is be foravailable
or inteliectual creation. The use may not not to
profit and
hence it includes
agricultural use also. Capable of industrial application
doesn't require proof of actual use. The potential to be used or made in
industry is sufficient evidence for proof of industrial
The inventíons which are application.
not so useful are protected in some countries
as 'utility model', but this concept is not recognized in India.
C. Non-Patentable Inventions
As mentioned earlier, every invention is not patentable. Law forbids
grant of patent to certain categories of invention. Section 3 states that
following are not inventions within the meaning of the Act
i) An invention which is frivolous or which claims anything
obviously contrary to well established natural laws.
i) An invention the primary or intended use or commercial
exploitation of which would be contrary to public order or morality or
which causes serious prejudice to human, animal or plant life or health
or to the environment.
ii) The mere discovery of a scientifie principle or the formulation
offor discovery of any living thing or non-living substance occurring in
nature.
(iv) The mere discovery of new form of a known substance which
does not result in the enhancement of the know efficacy of that
substance or the mere discovery of any new property or new use of a
known substance or a known process, machine or apparatus unless
such known process results in a new product or employs at least one
new reactant.
(v) A substance obtained by a mere admixture resulting only jn
the aggregation of the properties of the components thereof or a process
for producing such substance.
(vi) The mere arrangement or re-arrangement or duplication of
known devices, each functioning independently of one another in a
known way.
ni) A method of agriculture or horticulture
hii) Any process for the medicinal, surgical, curative
prophylactic (diagnostic, therapeutic) or other treatment of human
beings or any other process.
(ix) Plants and animals in whole or any part thereof other than
micro organisms but including seeds, varieties and species and
108 LAW RELATIMG TO INTELLECTUAL PROPERTY AIGHTS

essentially biological proceanes for produetion or propagation of plants

and animals.
(x)A mathematical or business method or a computer program
per se or algorithms.
(x) A literary, dramatic, musical or artistic work or any other
aesthetic creation, whatsoever including cinematographic works and
televisiopproductions.
(i) A mere scheme or rule or method of performing mental act
or method of playing game.
(xit A presentation of information.
(xiv) Tbpography of integrated circuits.
(xv) An invention which, in effect, is traditional knowledge or
which is an aggregation or duplication of known properties of
traditionally known
component or components.
Inventions relating to atomic energy are not patentable.
Section 4 clearly states that no patent shall be granted in respect of an
invention relating to atomic energy falling within sub-section (1) of Section
20 of the Atomic Energy Act, 1962. This is
that invention in the field of atomic
obviously for security reasons
energy are excluded from patent system.
The above description has thus made it clear that every invention is
not capable of being
patented. In order to claim patent an invention has to
qualify the criteria laid down under Section 2 of the Patent Act and further
the invention should not be covered under
under Sections 3 and 4.
prohibited category mentioned
The Novartis Case : Constitutional
validity of Section (imatinib
Novartis AG & Anr. v. Union of India,' Novartis drug Gleevec 3(d).-In
mesylate), used mainly in the treatment of Blood Cancer, having granted
EMRs in 2003, examined for patent protection in 2005. The Chennai
office denied protection on the ground that the application claimed patent
only a
new form of a known substance' without
under Section 3(d).
demonstrating any added efficacy
Novartis filed writ petitions before the Madras High Court,
that the Patent Controller erred in rejecting its claiming
patent application, and
further claiming that section 3(d) was, among other
things, vague,.
ambiguous, and contrary to the requirements of the TRIPS Agreement. In
the challenge to section 3(d), Novartis argued that this
compliance with the TRIPS Agreement and that it is in provision
violation js
not in
with the
government's (non-enforceable) constitutional duty to harmonize its domestie
laws with its international obligations.
The Government of India, CPAA and the generic
companies argued that
neither could private companies such as Novartis challenge a law as
TRIPS non-compliant nor could an Indiaa court decide whether the Indian
being
patent law is TRIPS compliant or not. The appropriate forum, they
argued,
is the WTO Disputes Settlement Body. Upholding this argument, the
Madras High Court held that it was not the proper forum to decide whether

1. (2007) 4 MLJ 1153.

 NATIONAL REGIME OF IPRs Sectilon I-Patents 109

the Indian patent law was TRIPS compliant or not. The other ground of
challenge raised by Novartis was that the use of the term "efficacyin
section 3(d) is vague and ambiguous, and therefore, violates the equality
provision (Article 14) of the Indian Constitution. During the arguments,
while conceding that the meaning of the term "efficacy" is known, Novartis
contended that because there was no clarity as to what constituted
"enhancement of efficacy" and "significant enhancement of efficacy" as
required by-section 3td, the law was vague and tent itself to afbitrary
decisions by the Patent Controller. Dismissing the petition, the Madras High
Court held that section 3(d) was not vague or arbitrary, and therefore, did
not violate the Indian Constitution.
Selected Questions
Q.1. What are the three important requirements of an invention to
qualify for patent? Explain in deti .
Q.2. Enumerate those categories of inventions which are not
patentable.
 LAW RELATIN0 To INTELLECTUAL PROPERTY RIOHTS
120

A maior change in Indian Patent Act has been the extenaion of term of
patent to 20 years for all categoriea of inventions, The Indian
n Patent
emAct
with these major ehanges wil now encourage more filing of patent

applications.
PATENT REGISTRATION PROCEDURE-FLOw CHART
PATENT
APPLICATION
After 18 months or earller by request
(within 1 month of request or of expiry
of 18 months)

PUBLICATION
Opposition
REPRESENTATION
(Ater publication, till grant)

EXAMI Representation
NATION (only Accepted
on request within 48 REJECTION
months& within (within 1 month) OF PATENT
1 months after
request)

Representation overruled (within 1 month

(within 1 month) after request)

GRANT

PUBLICATION OF GRANT|

12 months NOTICE OF
OPPOSITION

SPPOSITION Opposition Overruled

PROCEEDINGS

Opposition Successtul

PATENT REVOKED PATENT VALID

 CHAPTER 18

RIGHTS AND OBLIGATIONS OF PATENTEE

Synopsis
Introduction

B. RIghts of Patentee
LImitatlon on Rights of Patentee
C.
D. Compulsory Licences

E. Obligatilons of Patentee

A. Introduction
A patent shall confer on the paténtee a monopoly r1ght for a fixed term.
but subject to certain conditions and obligations. A patentee has exclusive
right to exploit, use, sale or transfer his patent. He can exclude others from
exercising those rights which are available to him alone. It shall be made
clear that the rights discussed hereunder are not absolute rights; they are
subject to some limitations. Further, a patentee has some duties also which
are found necessary in larger interest of public.

B. Rights of Patentee
() Right to exploit patent (Sections 48 and 50)
Section 48 confers the rights to exploit the patent on patentee or his
licensee or assignee or agent. It means the patentee or the person legally
authorised by him can make commercial use of the patented invention. He
can exclude third parties who do not have his consent. However, this right is
subject to the conditions laid down in Section 47 which empower the
Government to import or use the patent product for its own use. The
co-owners of a patent shall also be entitled to equal undivided share in
patent.
ii) Right to licence (Section 70)
f a patentee is not able or willing to exploit the patent himself, he can
grant licence to some other person and authorise him to exploit the patent
and pay him the consideration or royalty.
(iii) Right to assign (Sections 70 and 68)
A patentee can fully or partially assign his patent to another personn
through sale, gitt or any other legal mode. Section 68 requires that such
assignment should be in writing. In case of joint patent the co-owner can
assign his share in patent.

1. For details see Chapter 19.

 NATIONAL REGIME OF IPRe Sectlon IHPatento 123

dv) Right to surrender the patent (Section 63)

Under Section 63 of the Act, the peatentee has the right to surrender hi8
patent.
Apatentee, if he so wants may offer to surrender his patent, at any
time by giving notice in the prescribed manner. When such an offer is made,
the Controller should publish the offer with a view
other than the patentee whose name appears in the to notiying every PerO
in
register as having an
interest the patent. It is necessary to protect the interests of person like
licensees, equitable assignees, and others with whom the patentee might
have contractual obligations which are dependent on the continuance of the
patent.
(v) Right to be issued duplicate Patent (Sections 154 and 118)
t a patent is lost or destroyed or its non-production is explained
satisfactorily to the Controller, the patentee has a right to apply for
duplicate patent.
(vi) Rights against infringement (Sections 104-108)
The exclusive rights of patentee can be legally protected by excluding
unauthorized persons from exploiting patent of others. Violation of rights of
remedies
patentee amounts to infringement. Patentee has right to seek legal
including civil suit against infringer"
C.
C. Limitation on Rights of Patentee
remarks are
rights of patentee as mentioned in the introductoryconditions and
The
not absolute. They are subject to certain limitations, following
limitations can be imposed:
99-103)
(i) Use of Patent by Government (Sections
Govermment it has
A patent has the same effect as against the
as

But the Government may use the patented

against any other person.
under certain circumstances and terms, or
invention, and even acquire it,
invention. The Government may import the
prohibit a person from using an its oWn use, or use the patentedd
patented article make the
or article tor
for distribution to hospitals or medical
process for its
own use or

institutions. The aforesaid use can

be made without the consent of the
from this, the Government has
patentee or payment of any royalties. Apart
invention on payment of royalties.
also power to make use of the patented
Government
(ii) Acquisition of invention and patent by
Section 102 lays down that the Central Government on being satisfied
that it is necessary that an invention mentionedapplication for a
in an

should be acquired for public

patent or in any already granted patent, Gazette.
purpose, it would publish a
notification to that effect in the official
or the patent and all the rights
in
Upon such publication, the invention vested in the Central
respect of the same shall stand transferred and be
Government.
1. For details see Chapter 20.
2. For detail see Chapter 21.
 124 LAW RELATING TO INTELLECTUAL PROPERTY
RIGHTs
Notice of acquieition shall be
and where given by Government to the applicant,
a
patent has been granted to the patentee and other persons
having interest in the patent.
The applicant or the
patentee in such
case, shall be paid a
compensation, may be
agreed upon between the Central
as
Government and
the applicant or the patentee. If no
such agreement is arrived
at, the
compensation will be determined by the High Court on a reference made
it under Section 103 of the Act. to

D. Compulsory Licences (Sections

Under the
84-94)
Indian Patent Act
of three years from compulsory
the licences can be granted after
expiration the grant of the the grounds
that' patent on

1. reasonable requirements of the public have not been

2.
satisfied;
patented invention is not available to the public at a reasonably
affordable price; and
3.
patented invention is not worked in the te ritory of India.
The Patent Act has included
provisions as to what constitutes
"requirements of the public". Reasonable requirements of the public shall be
deemed not tohave been satisfied i f
(1) due to the refusal of the
patentee to grant licence on reasonable
terms,
(a) a trade or industry is prejudiced,
(b) demand for the patented article has not been met to an
adequate extent,
(c) an export market of the patented article is
supplied, or being not

(d) the development of commercial activities in

India is
prejudiced,
(2) imposition of condition by the patentee;
(3) non-working of the patent in the territory of India;
(4) working of the patented invention in the territory of India on a
commercial scale is prevented by the importation from abroad.
A compulsory licence by notification by Central Government can be
granted at any time after the
grant of the patent on such terms and
conditions as the Controller thinks fit. The Controller shall
secure that the
articles manufactured under the shall be made available to the
patent public
atthe lowest prices.3 The procedures for
not be complied with in cases of national
obtaining a compulsory licence need
emergency or extreme urgency or
in case of public non-commercial
which use
health crisis, relating to Acquired Immuno may arise, including public
Deficiency Syndrome, Human
Immuno Deficiency virus, tuberculosis, malaria or other
epidemics." The
1. Sec. 84(1).
2. Sec. 84(7).
3. Sec. 92(1).
4. Sec. 92(3).
 183
NATIONAL REGIME OF IPRe Secton I-Trade Marke

elaborates on the requirementa for trademark protection, and extends the

substantive rights a member state must confer.

a
r to
TRIPS, some countries had been giving local manufacturers
boost when they manufactured goods for foreign trademark holder by
requiring the foreign trademark holder to display the local manufacturer's
mark. TRIPS Article 20 prohibits eneumbering foreign marks in this way,
nough identification of the undertaking that produced the goo82
services may be required. Members also enjoy a measure of flexibility. Article
17 permits limited exceptions, provided they take account of the legitimate
interests of the owner of the trademark and of third parties.
C. Object of Trade Mark Laaw
The object of Trade Mark Law is to provide legal protection of trade
marks for goods and services and prevent fraudulent use of marks. The
unique feature of trade mark, which distinguishes it from other categories of
IPRs, viz., copyright, patent and designs is that the trade marks are given
legal protection not for a fixed term but for indefinite term, provided other
legal conditions, such as renewal are fulfilled.
In Laxmikant VV Patel v. Chetanbhai Shah,' the Supreme Court has
explained the objectives of Trade Mark Law in these words
The law does not permit anyone to carry on his business in such
a way as would persuade the customers or clients in believing that the
goods or services belonging to someone else are his or are associated
therewith. The reasons are two, firstly, honesty and fair play are, and
ought to be, the basic policies in the world of business. Secondly, when
a person adopts or intends to adopt a name in connection with his
business or services which already belongs to someone else, it results
in confusion and has probability of diverting the customers and clients
of someone else to himself and thereby resulting in injury."

D. Salient Features of Trade Marks Act, 1999

The Trade and Merchandise Marks Act, 1958 has served its
over the past four decades. It was felt that a comprehensives review of the
existing law be made in view of developments in trading and commercial
practices, increasing globalization of trade and industry, the need to
encourage investment flows and transfer of technology, need for
simplification and harmonization of trade mark management systems to give
effect to important judicial decisions. To achieve these purposes, the Act
proposes to incorporate inter alia the following features :
(a) Providing for registration of trade mark for services, in addition
to goods. This is a novel feature introduced by the Act of 1999.
(6) Registration of trade marks, which are imitation of well known
trade marks, not to be permitted, besides enlarging the grounds
for refusal of registration, consequently, the provisions for
defensive registration of trade marks have been proposed to be
omitted.

1. AIR 2002 SC 275

(2002) 24 PTC 1 (SC).
16 LAW RELATINO TO INTELLECTUAL PROPERTY AIGHTS

(c)Amplification of factors to be considered for defining a well-known

trade mark.
(d) Doing away with the system of maintaining registration of trade
marks in Part-A and Part-B with different legal rights, andto
provide only a single register with simplified procedure for
registration and with equal rights.
and
(e) Simplifying the procedure for registration of registered user

enlarging the scope of permitted use.

() Providing for an Appellate Board for speedy disposal of appeals
and rectification of applications which under the Act of 1958,
were entrusted to the High Court.
for registration of "Collective by
Marks" owned by
Providing
associations etc.
h) Transferring the final authority relating to registration of
certification trade marks to the Registrar instead of the Central
Government.
(i) Providing for enhanced punishment for the offences relating to
trade marks on par with the present Copyright Act, 1957 to
prevent the sale of spurious goods.
G) Prohibiting the use of someone else's trade marks as part of
corporate names, or name of business concern.
k) Extension o f application of convention country to include
countries which are members of Group or Union of countries and
Inter-Governmental Organisations.
(1) Increasing the period of registration and renewal from 7 years to
10 years as required by TRIPs.
(m) Filing of single application for registration in more than one
class.
(n) Making trade mark offence cognizable.
From 1958 to 1999 the Trade Mark Law in India has come to a full
circle. Like other laws on intellectual property the law relating to trade
marks in India is now harmonized with TRIPs mandate.
Selected Question
Q.1. Explain the salient features of Trade Marks Act, 1999.
 CHAPTER 26

BASIC FEATURES OF TRADE MARK

Synopsis
A. Introduction
Definition of Trade Mark
C. Characteristics of Trade Mark
D Function of Trade Mark
E. Some lustrations of Various Forms of Trade Mark
F. Term of Trade Mark
G. Distinction Between Trade Mark and Property Mark

A. Introduction
trader
(Trade mark is a product of competitive trade practices. Every
seeks to sell his product by its name and distinctiveness. The changing
and philosophy of trade
business practices have also changed the concept
essential characteristics
mark. It is, therefore, necessary to understand the
deals with
and the purposes for which a trade mark is used. This chapter
general aspects of trade marks.
B. Definition of Trade Mark
of a word, device or a label,
(A trade mark is a visual symbol in the form
to indicate to the purchasing
applied to articles of commerce with a view
manufactured or otherwise dealt by a
public, that they are the goods manufactured or dealt
as distinguished from similar goods
particular person
by other persons.
(Section 2(zb) of Trade Marks Act, 1999 defines "trade mark" as, a mark
of
capable of being represented graphically and which is capable
distinguishing the goods or services of one person from those of others and
may include shape of goods, their packaging and combination of colours.)

(Section 2(m) defines "mark" as a device, brand, heading, label, tícket,

signature, words, letter, numerals, shape of goods, packaging
or
name,
combination of colours or any combination thereof. )
trade mark is
Reading together, may conclude that the definition of
we
combinations
inclusive and not exhaustive. There could be various types of
of words, names, letters to create a trade mark.'
Distinctiveness is the hallmark of a trade mark.

1977
. Dutch Paints Colour & Varnish Works Pvt. ld. v. India Trading House, AIR
Anglo
Del 41.
 LAW RELATING TO INTELLECTUAL
PROPERTY RIGHTS
166

C. Characteristics of Trade Mark

Based on various judicial verdicta, certain essential characteristica of
trade mark may be highlighted as under:
i) The definition of "trade mark" and "mark" includes within itaelf
trade name under which articles, goods are sold.' (Use of

"Kirloskar", "Bajaj" or "Godrej" as corporate name are

permissible)
(i) Trade mark is a kind of property and is entitled to protection
under law
(ii) A trade mark is generally transmitted in connection with the
goodwill of a business. Therefore, law does not recognize transfer
of trade mark per se, separate from goodwill of the busines.3
iv) A trade mark may by registered or
unregistered. Kegistration
ensures ownership of trade merk and it enables him to avoid
proving his title against any infringement or the mark. But in
case of unregistered trade mark the
only way in which the owner
can protect the
infringement is the passing off action."
(v) Trade mark has many species such as service
marks, certification
marks, collective marks and well known trade marks."
(vi) Distinctiveness is the basic
Tobacco v. Registrar, Trade
quality of a trade mark. In
Imperial
Marks,
held to be some quality in trade
the word distinctiveness was
mark which
goods marked as distinct from those of other earmarked the
goods. or such products
Essential for a good Trade Mark
Besides possessing a distinctive
trade mark, it should possess the
following attributes:
G it should be easy to
pronounce and remember, if the mark is a
word;
) the device should be capable of
being
Gi) it should be of such character, which described by a single word;
makes it spell
write legibly; correctly and
iv) it should be short;
)it should be attractive to eye;
i) it should satisfy the
requirement of registration.
E.(Functions of Trade Mark
(The function of a trade mark is to give an
or
possible purchaser as indication to the purchaser)
the purchaser a tothe(mânufacture or
quality
satisfactory assurance of the make and of the goods. It gives
1. Kirloskar Diesal Recon quality the article
of
v. Kirloskar
2. London Rubber Co. Lud. v. Durex Proprietary Lid, 1997 PTC 469 (Bom.).
3. K.M. Oosman v. KAM Products, AIR 1959 Cal. 56.
Sahib, AIR 1951 Mad 681.
4. K.M. Oosman v. KAM
Sahib, AIR 1951 Mad 681.
5. For details see
Chapter 27.
6. AIR 1977 Cal. 413.
 NATIONAL REGIME OF IPRe Secton I1-Trede Marks 167

he is buying. (The goodwill of product is also reflected through its

mark.
we may clasify the
a
functions of trade mark in the
trade
a following tour
categories:
I t identifies the product and its origin. (Illustration-trade name
VIDEOCON' signifies the electronie products produced by
VIDEOCON company of India).
ii) It guarantees its established quality. (Illustration-The quality of
toothpaste COLGATE is' well-established. A purchaser of
Colgate' toothpaste is assured of its quality).
ii) It is a means of advertisement of product.
Every company who
wishes to popularize his product among public has to give its8
product a trade name and then create its brand value.
(Illustration-"LUX" is a popular name for soap).
avltereates an image of product in the mind of public.
lustration-trade name PARLE' creates an impression and
image about the quality of confectionary and biscuits sold by the
company).
F. Some Illustrations of Various Forms of Trade Marks
As mentioned earlier, a trade mark can be visualized in many forms,
V12., word, letter, numerals, name and so on. We shall give hereunder some
illustrations of various well-known prevalent trade marks found in different
forms.
Ai) Brand.-It usually refers to those kind of marks which are
branded on goods themselves constituting the trade mark.
Ilustration-PERRY brand rice, TORTOISE brand mosquito coil.
i ) Letters-The letterforms have been very useful elements for
designers to work with and develop a popular trade mark. Some reputed
examples of letter marks are, LG, GM, IBM.
(ii) Label and Ticket.-Label is a composite mark containing
various features including device, words usually painted on paper and
attached to goods themselves. A ticket may be said to be a label attached to
goods by a string. Some popular examples relating to garments are-
"WRANGLER" jeans, PENTALOON" shirts, ZODAC' ties.
i ) Numerals.-A combination on numerals can also be used as a
trade mark-Illustration 303 capsules, '555' cigarettes.
W) Symbol or Logos.-A logo is a visual depiction of a manufacture
or a company and gives an identity to it. Generally logos are used as service
marks. Jllustration-TATA, IDBI, ICICI, LIC. The artistie element in a
symbolor logo is also protectable under Copyright Act.
(i) Containers.-A container in a three dimensional form may be
treated as a mark under Section 2(m), a two dimensional mark may also
form part of a trade mark.'
vii) Shape of Goods.-A unique shape of goods may

1. See Sec. 45 of the Copyright Act, 1957.

2. See Sec. 2(m) and 20q).
 LAW RELATING TO INTELLECTUAL PROPERTY AIGHTS
168
protected as trade mark. llustration-shape of soap. shape of tooth brush
i ) Packaging-A "Packaging can also get trade mark protection
(A pouch containing tooth paste or cream with a distinctive feature).
(ix) Device.-A mark which may not fall under any categories
mentioned hereinabove, may be covered under device.
)Title.-A title of book or magazine or periodical is also qualified to
be valid trade mark. Example-(lndia Today, Outlook, Femina)
F. Term of Trade Mark
(A unique feature of trade mark is its perpetual life. Though initially a
trade mark is registered for 10 years, but it can be periodically renewed and
can be used for indefinite period, unless it is removed from register or
prohibited by court order. It is interesting to note that first trade mark
registered in U.K. under No. l of 1876 consisting of red equilateral triangle
in respect of alcoholic beverages is still in
foree.
G. Distinction between Trade Mark and Property Mark
A trade mark means a mark used in relation to
goods for the purpose
of indicating or so as to indicate a connection in the course of trade
between
the goods and some person having the
right as proprietor to use that mark.
The function of a trade mark is to
give an indication to the purchaser as to
the manufacturer or quality of the goods, to
give an indication to his
the trade source from which the goods come, or the trade hands eye
of
which they pass their way to the market. through
On the other hand, a property mark, as defined
Indian Penal Code, means a mark used for
by Section 479 of the
belongs to a particular person.
denoting that a movable property
The distinction between a "trade mark" and a
the former denotes the manufacture or "property mark" is that
quality of goods to which it is
attached and the latter denotes the ownership of them, or more
former concerns the goods themselves, while the briefly, the
latter, the proprietor of
them.
In Sumal Prasad Jain v.
Shejonan Prasad,
the
observed that concept of trade mark is distinct from that of a Supreme Court
In this case the name Basant Bahar' with the property mark.
picture
flowers in her hands and the inscription of 'Basant Bahar
of an angel with

Badshah' printed on the packets and receptacles was the Khushbuon Ka

denoting that the scent in question was the one manufacturedproperty
mark
and belonging
to the complainant.
Appellant marked his scent and the packets and
receptacles in which it was packed with the same name, the same picture
and the same inscriptions with the intention of
causing it to be believed that
1. Sec. 2(q) package includes any case-box, container, covering, folder,
bottle, wrapper, label, ticket, reel, frame, capsule, receptacl, vessel, casket,
cap, lid stopper and cork.
2. Playboy Enterprises Incorporated v. Bharat Malik, AIR 2001
NOC 51 (Delhi) 26/7 Sec. 25
(Prior to 1999 the term was 7 years).
3. Sec. 25 (Prior to 1999 the tem was 7 years).
4. See P. Narayan: Intellectual Property Law, p. 119.
5. AIR 1972 SC 2488.
 NATIONAL REGME OF IPRs Section I-Trade Marks

the scent so marked or the scent contained in the aid parketa and
receptacles so marked was the one manufactured by and sold in the market

by the complainant. The Court held that appellant thus committed the
offence of both using a false property mark and of selling gpords marked with
a counterfeit property mark.
The above study of various features of trade mark thus helps in proper
used form of
understanding of the nature and scope of very commonly
intellectual property, ie., trade mark.
Selected Questions
Q.1. Define trade mark, discuss its essential
features by giving
illustration.
it is different from
Q.2. What purpose is served by trade mark? How
property mark.
 CHAPTER 27

SERVICE MARKS COLLECTIVE MARKS,

CERTIFICATION TRADE MARKS, WELL KNOWN TRADE
MARKS AND INTERNET DOMAIN NAME

Synopsis
A. Introduction
B.
B Service Mark
C. Collective Marks
D. Certification Trade Mark
E. Well-Known Trade Marks
F. Intenet Domain Name
A. Introduct s s .
Other than trade mark there are certain other
specific forms of marks
which may be related to trade marks. These marks cover certain
of categories
trade, business or services. The new trade mark law also
provides legal
protection to them. For proper understanding of their nature and purpose
they are explained hereunder
B. Service Mark
Trade in services has become a major business
activity at national and
global level. Since inception of WTO the global exchange of services have
become very frequent(Like commodities and goods, services are
in some visual forms. Under the Trade and Merchandise Marksrepresented
1958
concept of service marks was not available. But in the Trade Mark Act, 1999
Act,
the service marks are legally protected by grant of
registration.
The Act defines service as under:
"Service" means service of any description, which is made
available to potential users and includes the provision of
services in
connection with business of any industrial or commercial matters such
as banking, communication, education, financing, insurance, chit funds,
real estate, transport, storage, material treatment, processing, supply
of electrical or other energy,
boarding, lodging, entertainment,
amusement, construction, repair, conveying of news or information and
advertising. (Illustration-Logos of SBI, ICICI, IDBI, LIC, Hotels and
other service providers Industries).
It may be noted that the definition given under the Act is
similar to the
one given in the Consumer Protection Act, 1986.2
1. Sec. 2(z) of the 1999 Act.
2. Sec. 2(1)(o) of the Consumer Protection Ad 1986.
 NATIONAL REGIME OF IPRs Secton II-Trade Mars 171

The service mark protection can be claimed in relation to services

rendered in connection with business of any industrial or commercial nature
and not of philanthropic or gratuitoue nature.
C. Collective Marks
A collective mark means a trade mark distinguiahing the goods or
services of the members of an association of persons not being a partnership
firm, which is the proprietor of the mark from those of others,twhereas the
trade mark belongs to an individual but a collective mark belongs to an
association of persons, other than partnership firm. [llustration-Bajaj,
Godrej etc.)
As regard registration a collective mark is not registered if it is likely
to deceive or cause confusion on the part of public, particularly if it is ikely
to be taken to be something other than a collective mark."

D. Certification Trade Mark

Certification Trade Mark means a mark capable of distinguishing the
of trade
goods or services in connection with which it is used in the course
which are certified by the proprietor of the mark in respect of origin,
material, mode of manufacture of goods or performance of services, quality,
services not so certified and
accuracy or other characteristics of goods o r
as a certification
registrable under the Act." A mark shall not be registrable
trade mark in the name of a person who carries trade in goods of the kind
the kind certified.
certified or a trade of the providing of services of
(Illustrations-Agmark' for food items, Hallmark' for Jwellery).

E. Well-known Trade Marks

been introduced by Trade
The concept of well-known trade marks has
under:
Marks Act, 1999. Section 2(zg) states as
"Well-known trade mark", in relation to any goods or services,
m e a n s a mark which
has become so to the substantial segment of the
receives such services that the use of
public which u s e s such good or or services would be likely to bee
such mark in relation to other goods
course of trade or rendering of
taken as indicating a connection in the
a person using the mark
services between those goods or services and
first-mentioned goods or services.
in relation to the
Britannia etc.).
(Illustration-Reliance, Bata, Colgate, Pornids, Parle,
In Enfield India Ltd. v. Deepak Engineering
Syndicate,' the applicationn
class
in respect of diesel oil engines in
for registration ofa trademarl Bullet' India
been filed. It was opposed by Enfield
claiming user since 1978, has name
BULLET and having much reputed
Ltd., the proprietor of the mark a
ENFIELD BULLET in the market.
It was held that a person adopting
known
of reputation of that well
well known mark would take advantage
mark which could not be permitted.

1. Sec. 2Ag).
2. Sec. 62.
3. Secs. 69 to 78.
4. (2006) 32 PTC 397.
 NATIONAL REGIME OF IPRs Section l1-Trade Marks 173

of information and
the Internet, he may be a n unsophisticated consumer

different Internet site which

such a person may find his/her way to the
provides almost similar type of information as that of the plaintift and
thereby confusion could be created in the mind of the said person who
the
intends to visit the Internet site of the plaintiff, but in fact reaches
Internet site of the defendant. Simnilarly in Communication Ltd. v.
Rediff
is
Cyber Booth,' the Bombay High Court held that the domain n a m e "Radiff"
deceptively similar to plaintiff's domain name "Rediff" and theretore Court
restrained the defendant from using domain name "Radiff" by grantin8
injunction.
establish that
and Indian judicial verdicts clearly
Internet domain foreign
The above
name are also treated as trade mark capable of legal

protection.
The above discussion, therefore, reveals that trade mark is not only a
but it has very vast coverage
very important form of intellectual property,
and potential in the field of trade and commerce.

G. Trade Dress
image of a
overall product
The meaning of Trade Dress in the
literal
the non-functional
used in its marketing o r sales that is composed of or
elements of its design, packaging o r labelling
(as colours, package shape
way of writing any
product
symbols). Which m e a n s that there is a specific The concept of
remarkable signs.
name, its background and other
unique where one-third of the
trade has much importance in country like India
a
who
illiterate. Trade Dress helps
the illiterate people
population is still manufacturers to
the product a s well a s the
cannot read the trade mark on

reach the people easily. in the

this concept in a detailed
manner

Delhi High Court dealt with and Beauty.

Anr. v. Anchor Health
c a s e of Colgate
Pamolive Company and
have filed the c a s e for the 'passing off'
Care Put. Ltd.,2 where the plaintiffs combination of
the colour scheme and
w a s on
of trademark and the dispute w a s the plaintiff, w a s
Colgate Company who
manner.
colours in a significant which is the combination of
on dental product
the u s e of a mark
questioning the way of writing
'white' in proportion of 1/3:2/3 respectively and
red' and Plaintiffs w e r e using the mark
of
w a s also in dispute.
the of product it in 1996.
the respondents started using
name
fashion from 1951 and the
particular the respondents from using
Plaintiffs have filed the application to stop
particular mark. the
the look of trade dress of
showed to the Court that
The plaintiffs and another by the defendant
manufactured by the plaintiff of the
two articles, one
illiterate c u s t o m e r / s e r v a n t s
from the point of not only unwary, &
semiliterates also, as the trademarks Colgate'
household but to the distinguished by
written in English language cannot be on
Anchor are to the source
is likelihood of confusion a s
There every
ordinary customer.
substantial portion of
the container having
of
account of the similarity of the container.
Such a n
combination and also shape
particular colour,
1. AIR 2000 Bom 27.
2. 2003 (27) PTC 478 (Del.).
 Section V-Design

CHAPTER 34

LAW OF DESIGNS

Synopsis
Introduction

Law in India
8.
B. Development of Design
Sallent Features of Designs
Act, 2000
C.
D. Basic Features of Design

A. Introduction
Products which are artisticaly designed immediately attract the
attention of customers. A design gives asthetic sense and appearance to the
product. When people go for selecting goods for their purchase may it be
textile, electronic items, utensils, cosmetic items, jewellery etc., they get
attracted by the shape and designs of goods or its container. Therefore, to
attract customers the manufacturers give much attention to the design of
the products. The creative originality of a design needs legal protection
for registration of original
against copying. Therefore the law provides
design and prohibit its copy by others.

Designs Law under International Agreement

Law of Designs has attracted less focus in comparison to copyright,
Patent and trade marks. The main global efforts at protection of designs are
under the following category:
(a) Paris Convention
Paris Convention contain provisions of design protection in its Articles
2, 4(A), (1) and 4(CX1). Article 2 talks of national treatment of industrial
designs and prohibits member countries from imposing any conditions 0
domicile on nationals of other countries, while considered for nationa
treatment.
Article 4(A) (1) states that any person who has duly filed au
application t o r t h e registration o f a n i n d u s t r i a l design, shall enjoy a t"5

priority for a fixed period.

Article 4c) (1) fixes this priority as six months for industrial aesig

(b) Berne Convention

Berne Convention which aimed at protecting literary and artiste wor
ir cludes designs under the category of 'works of applied art.
Article 27), gives freedom to member countries to 'determine t
 213
NATIONAL REGIME OF IPRe Section IV-Designs
extent of the application of their laws to works of applied art and industrnal
designs.
h e Berne convention, under Article 7(4) gives freedom to member
countries fix
to the period of protection, but such period should continue at
east until the end of a period of twenty-five years from making of such
work.
(c) Hague Agreement
Hague Agreement concerns with the Industrial Deposit of Industrial
Designs. The object behind the Industrial deposit of industrial design 1s to
enable protection to be obtained for one or more industrial design in a
number of states' through a single deposit filed with the international
bureau of WIPO.
(d) TRIPS Agreement
Article 25(1) provides guidelines for member countries that they shall
provide for the "protection of independently created designs that are new or
original."
Article 26 speaks of protection of industrial designs and the owner's
rights in this regard. The owners of a protected industrial design, shall have
the right to prevent third parties not having the owner's consent from
making, selling or importing articles bearing or embodying a design of the
protected design for commercial purposes.

B. Development of Design Law in India

In India, the first law on designs enacted during British regime was
Patents and Designs Act, 1872. Later the Inventions and Designs Act 1888
was enacted to protect invention and designs. Thereafter, following the
British Patent and Design Act, 1907 the Indian Patent and Designs Act 1911
was enacted. When a separate Patent Act was enacted in 1970 the
provisions relating to patents wererepealed from Patent and Designs Act,
1911 and the Act was renamed as Desigms Act, 1911. This Act continued to
deal with designs till the new Designs Act was enacted in the year 2000
C. Salient features of Designs Act, 2000
Since the enactment of Design Act, 1911 considerable progress has been
made in the field of science and technology. It was felt that legal system of
protection of industrial designs required more effective protection. The Act
not only promotes creation of new and original designs for products but also
aims to balance the competing interests by granting time-bound monopoly
right to use registered industrial design by owner. The salient features of the
Designs Act of 2000 may be summarized hereunder:
(a) It enlarges the scope of definition of "article" and "design" and
introduces definition of "original".
(b) It amplifies the scope of "prior publication".
or tne
c)lt incorporates the provisions for delegation of powers
Controller to other officers and duties of examiners.

1. WIPO Intellectual Property Hand Book, p. 232.

 LAW RELATING TO INTELLECTUAL PROPERTY RIGHTS
214

(d) It contains provisions for identification of non-registrable deei

(e)It contains provisions for gubatitution of application bef
registration of a design.
cationdesigns
before
( It introduces internationally followed systerm of classificatiom
the place of Indian classification. in
g) It contains provisions for maintaining the Register of desigme
n
computer.
(h) In contains provisions for restoration of lapsed designs.
) It contains provision for appeal against the order of the Controller
before the High Court instead of Central Government
as
existing.
G) It revokes the period of secrecy of two years of a registered design,.
(k) It provides for compulsory registration of any document
for
transfer of right in the registered design.
1) It introduces additional grounds in cancellation
makes provision for initiating the cancellation
proceedings and
the Controller in place of proceedings before
High Court.
(m) It enhances the quantum of
penalty imposed
for infringement of
registered design.
(n) It contains provisions for grounds of cancellation to
be taken as
defence in the infringement
proceedings
Court not below the Court of the District
to be initiated in any
(o) It enhances initial period of
Judge.
registration
be followed by a further extension of a
from 5 to 10 years, to
period of 5
(p) It contains provisions for allowing of priority to otheryears.
convention
countries and countries belonging to the of
group countries or
inter-governmental organizations apart from United Kingdomn
and other Commonwealth countries.
(q) It contains provisions for avoidance of certain restrictive
conditions for the control of
contractual licences.
anti-competitive practices in
(r) It contains specific provisions to protect the
security of India.
D. Basic Features of Design
A design is something which is applied to an
article and not the article
itself. The design refers to the feature of
shape which
should be judged solely by eye and not by any functional appeals
to eye and
considerations.
According to Section 2(d) "designs" means only the feature of
configuration, pattern, ornament or composition of lines or colour applied to shape,
any article, whether in two dimensional or three dimensional or both forms
by any industrial process or means, whether manual, mechanical or
chemical, separate or combined, which in the finished article appeals to and
judged solely by eye.
After a brief discussion of the definition of 'design' we may sum up the
essential eharacteristics of design as under
i) It means only features' or outward appearances.
 NATIONAL REGIME OF IPRe Section IV-Designs 215

(i1) The features include only the shape configuration,

ornament or composition of lines or colour applied to any article,
pattern,
in two dimensional or three dimensional or both.
i) Features appliedto article by any industrial process or
means,
whether manual, mechanical or chemical, separate or combined.
(iv) The feature in the finished article appeals to and judged solely
by eye.
Therefore, design includes only the features which looks attractive to
the eye, it has no relation with the functional utility.
Exclusion
1. Designs do not inchude buildings and structures as they are not
articles within the definition of design.
2. Design does not include any mode or principle of construction or
anything which is in substance a more mechanical device.
8. does not include any trade mark as defined in the Trade
Design
Marks Act, 1999 or property mark as defined in Section 479 of
Indian Penal Code or any artistic work as defined in Section 2c)
of Copyright Act, 1957.
4. The designs which have functional utility alone are not designs
within the meaning of Section 2d).
A design is necessarily part and parcel of article manufactured, while
the trade mark is necessarily not so. Thus, the label to be put on a carton to
be used as container for goods can never amount to design.' What actually
constitutes the design is, therefore, the peculiar combination and
arrangements of lines which give novel feature of shape to goods
Having discussed the salient features of Designs Act, 2000 and the
essential characteristics of design we now propose to discuss the mode and
manner of registration of design in next chapter.
In Indiana Gratings Private Limited v. Anand Udyog Fabricators
Private Limited, Indiana Gratings claim to be the manufacturers of certain
gratings used for industrial purposes. In this pursuance, they imported a
second hand Electro Fold machine in the assembled form from a Europeaan
anufacturer, which they found unsuitable to Indian conditions. They
incorporated certain improvements and modifications to those machines and
claimed copyright in the drawings as an artistic work. Anand Udyog were
accused of having obtained these drawings unlawfully and hence were
alleged of theft and criminal conspiracy. The cause of action arose as Anand
Udyog reproduced those drawings into finished products which they use for
their business, competing with that of Indiana Gratings. Anandavo
however contended that Indiana Gratings did not have any copyrgnt ove
the drawings, because they had copied it from a second hand European
machine they had imported. They further stated that if Indiana Gratings
erort
work qualified as an artistic work being a product of their orignal
195.
1. Ampro Food Products v. Ashok Biscuit Works, AIR 1992 Bom.
2. Wimco ud. v. Meena Match Industries, AIR 1983 Del 537.

3. 2009 (39) PTC 609 (Bom).

216 LAW RELATING TO INTELLECTUAL PROPERTY AIGHTm

there was no infringement by reproduction of those works in their fnisl

products vis--vis the 3 dimensional objects as against Indiana 8ned
dimensional drawings. Further the drawings were stated not to 2
copyright in them as they were registrable under the Designs Act, 2000.

On the question of qualifying under the Designs Act, 2000, the Court
took notice of Section 2d) dealing with the definition of a "design" and the
eriteria considered to qualify as a design, the Court notedthat the drawings,
did not reflect finished articles, let alone appealing finished articles, but
served a mere functional purpose, thus falling out of the purview of being a
"design". The Court took notice of the case West v. Prancis, whereby it was
held that a drawing of an industrial product, which could be multiplied by
an industrial process, would not qualify as a design under the Designs Act
but a copyright as an artistic work.
Selected Questions
Q.1. Discuss the salient features of Designs Act, 2000.
9.2. What is the significance of a design? What are its essential
features?

1. (1822) 5. B & Ald. 743.

 CHAPTER 35

REGISTRATION OF DESIGNS

Synopsis
A Introduction
Essential Requirements of Registration
C. Designs which are not Registrable
D. Who is Entfed to seek Registration
E. Procedure for Registration
F. Cancellation of Registation

A. Introduction

In order to seek legal protection against infringement of "copyright in

new and original design
design" it is necessary that the proprietor of a
The Designs Act,
should get his design registered with registering authority.
2000 has provided simple procedure for registration
of designs. In this
are discussed
chapter following aspects of registration
(i) Essential Requirements of Registration.
(ii) Designs which are not Registrable.
seek Registration.
(ii) Who is entitled to
(iv) Procedure for Registration.
(v) Cancellation of Registration.
of Registration
B. Essential Requirements
for registration, should fulfil the
A order to be eligible
design in
following conditions
design can be registered only when
G) Novelty and originality.-A to class of article to which it
it is new and original with respect
of previously known design can
has been applied. A combination
new visual appeal. The
be registered if the combination produces
on the evidence of expert
novelty or originality is to be judged
Water Pvt. Ltd. v. Thermokine
in the trade. In Hello Mineral
water dispenser in a cylindrical
California Pure,' a design of
new on the ground that mere
shape was not considered as involve
novelty of form or shape is not sufficient. It should
element or new position of an old element in
presence of some
combination, different from anything found in any prior
structure
In Dart lndustries Inc. and another v. Techno Plast and others, the

1, 2000 PTC 117 (Del).

2. 2007 (35) PTC 129 (Del.).
 INTELLECTUAL PROPERTY AIGHTS
LAW RELATING TO
218

observed that including minor variations

to a well recognined f
court would not make original,
it new or
common use
article of
an
of design.-The design should not has.
a) No prior publication in India or in any other country hu
been published anywhere
in any other way prior to the
publication in tangible form
or
of designs in fashion show wuld
filing of application. Display
However the exhibition of design in an
amount to publication.
industrial or other exhibition,
notified by the Central
amount to publication of the design
government, would not
is given to Controller of Patents and
provided that prior notice is made within six
Designs and an application for registration
months of the date of first exhibition.' Similarly, private or secret
not
use or an experimental use of design will amount to
v. Prima Plastics
Ltd' it was
publication. In Kemp and Company
held that disclosure of design by proprietor to any other person
in good faith is not deemed publication.
(iii) Application of Design to Article.-Th design should be
in the form of shape or
made applicable to article itself
configuration in three dimensional form, i.e., an ornament, a toy,
a bottle or a flower vase or in two dimensional form, i.e., a design
on wall paper, bed sheet or garment which attract and appeal to
the eyes of a customer.
(iv) Not contrary to public order and morality-The next
requirement for an industrial design to be registrable under
Section 5 of the Act is that it must not be contrary to public
order or morality'. This provision refers to any design that is
capable of causing breach of the peace or goes contrary to any
law subsisting for the maintenance of peace and public order.
Any suggestive material that could indicate animosity between
the groups, sects or religious communities may give rise to public
disturbances.
The idea of an industrial design being contrary to morality, introduces
the issue of the relationship between law and morality. Morals, as building
blocks of morality, are the standards of life adopted in any society. Moral
means character or conduct considered as good or decent or ethical and
virtuous in matters of sex."
Mere suggestive patterns or models could constitute immoral designs
that will not be registered under the Act. India has a significant religious
orientation. It is possible to register a design that could have graphic
representation of human genitals in Europe and America but it is unlikely to
be registered in India because it will be 'contrary to morality'. Obscene
representation in design would also fail to cross this threshold as it may be
considered contrary to morality and capable of causing public disturbances.

1. Sec. 21
2. 2000 PTC 6 (Bom).
3. Dennis Lloyd's The ldea of Law, Penguin Books Ltd., (1987) pp. 70-94 cited in M.T. Ladan,
Introduction to Jurisprudence Classical and Islamic, Malthouse Press Limited, 2006. p. 17.
 NATIONAL AEOIME OF IPRs Secton V--Deslgns 219

C. Designs which are not Regiatrable

According to Section 4 of the Designs Act, 2000 the following designs
are prohibited from registration
(a) Not New and Original
Designs are not registrable unless they are 'new and 'original', not
previously published in India or other country. It shoul4 be substantially
different from pre-existing designs applied to the class of article, ordinary
trade variants or superficial variants are not sufficient. Colour may forman
element in a design, but colour by itself cannot be a subject matter of design.
But the shape of teddy bear if applied to a school bag would be registrable.
A design to be new, it should be inventedcreated for the first time
or
and was hitherto unknown or known design applied to new subject-matter.
The novelty or originality is to be judged by the experts in the field.

(b) Prior publication:

The design which is previously published in India or elsewhere, by
or priority date, is not
publication, use or any other way, prior to filing date
registrable. skirt of a model in a fashion
show
e.g. Display of design on a
constitutes publication.
the Court held
In Texla Metals & Plastics Ltd. v. Anil K. Bhasin,'
that the concept of new or original type
of design is rele'able to the
to the public in India. The
publication of such a design or the availability received brochures from
contention of the defendant that they
have
to such goods, the Court held that
Malaysia, Korea and Japan with regard of such
brochures would not amount to publication
mere receipt of such
design within India.

(c) Not distinguishable:

distinguishable from known designs
A design which is not significantly
distinctiveness of a design is to be judged solely by
is not registrable. The of one design is substantially
seen whether appearance
eye. It is to be
similar to the appearance of the another design.
In Britannia Industries v. Sara Lee Bakery," the Madras High
of its biscuits Milk Wala' is
Court held that the applicants' registered design
Biscuits' as the main features in both the biscuits
not similar to 'Milk Cream
are not substantialy same
in the eye of the customer, namely, children.
(d) Design containing scaudalous or obscene matter:
The Designs Act, 2000, prohibits the registration of designs which
contain Scandalous or obscene matter.
Dictionaries have defined 'Scandalous' as shocking to the sense of
propriety, offensive to the conscience or moral feelings or caling out fcr
condemnation. It also includes matter that is vulgar', lacking in taste,
indelicate, morally crude. t may also include the mater in which is

1. 2001 PTC 146 (Del.).

2. 2001 PTC (Mad.).
 NATIONAL REGIME OF IPRs Section IV-Designs 221

this Act.
4 Where it is made to appear to the Central Government that
the Legislature of the United Kingdom or any such other convention
country or a country which is member of any group of countries or
nter Governmental Organization as may be notified by the Centra
Government in this behalf has made satisfactory provision for the
protection of designs registered in India, the Central Government may,
by notification in the Official Gazettee, direct that the provisions of this
section, with such variations or additions, if any, as may be set out in
such notification, shall apply for the protection of designs registered in
the United Kingdom or that other convention country or such country
which is member of any group of countries or Inter Governmental
Organization as the case may be."
E. Procedure for Registrati.n of Designs (Sections 5 to 10)

) Application for Registration :

An applica 1on for registration of design may be filed by any person
claiming to be the proprietor of any new or original design, not previous
published. The application is to be accompanied by the fee and in prescribed
format.
(ii) Contents of application:
of the 'design' to
application should be accompanied by four copies
The
the class in which
be protected, duly signed by the applicant. It should state
articles to which it is to be
the design is to be registered and also the
applied.
classes plus one miscellaneous
The Design Act, 2000, lays down 31
These 31 classes have been
class for the purposes of registration of designs.
restructured by Design Rules, 2008.
than one class, and in case of
A design may be registered in not more
to be registered, the controller
doubt as to the clas. in which a design ought
may decide the question.
(iii) Statement of novelty:
The applicant has to file a brief statement of the novelty claimed by the
applicant for design.
which are not part of the design are to
The words, letters or numerals
where they are of the essence of
be removed from the specimens, however,
the ingestion of a disclaimer of any
the design, the controller may require
the names or representations of living persons
right to their exclusive use. If
appear on a design,
the controller should be furnished with consents from
to register the
such persons or their legal representatives before proceeding
design.
iv) Acceptance/0bjections:
If on consideration of application the controller finds that the applicant
he shall
fulfills all the prescribed requirements and no objections raised,
register the design.
 PROPERTY AIOHTS
222 LAW AELATING TO INTELLECTUAL

In case any objections appear to the Controller, a statement e

or his agent in writing
objections should be sent to the applicant
(v) Decielon of the Controller
to remove those objections withi
The applicant or his agent has
will be deema
month or apply for hearing, failing which the applicant
When the Controller refuses the applicot
withdrawn his application.
have hearing, he may directly appeal to the Central Government who
after
decision is final.
(vi) Registration and Publication of Particulars of Design:
On acceptance of design filed in respect of the application, the
Controller shall direet the registration and publication of the particulars of
Gazette.
the applicatioa in the Official
When the design is registered, the Controller should grant a Certificate
of Registration to the proprietor of design. It shall be entered in the Register
of Designs, in addition to the other particulars like the number of design the
class in which it is registered the date of filing of application and other
matters that would affect the validity of design.

(vii) Erect of Registration:

When the design is registered, the proprietor of the design will be
entitled to the following rights :
i) The right to exclusive use of the design.
(ii) The right to protect the design from piracy.
The registration of design excludes all persons from using the design
including the Government. It can however use the design or acquire the
design in certain circumstances, e.g.,, when the article is not made available
to the public at a reasonable price.

F. Cancellation of Registration (Section 19)

Any person interested may present a petition for the cancellation of the
registration of a design at any time after the registration of that design,
the Controller on any of the following grounds, namely
(a) that the design has been previously registered in India; or
(b) that it has been published in India or in any other country prior
to the date of registration; or
(c) that the desigm is not a new or original design; or
(d) that the design is not registrable under this Act; «
(e)that it is not a design as defined under clause (d) of Section 2.
In Designs Act, 1911 the power of cancellation was conferred upon High
Court, but under the Designs Act, 2000 the power of cancellation has been
given to Controller. However the appeal against the order of Controller shal!
lie to High Court. In Jogunder Singh v. Tabu Bnterprises,' he High Court af
Delhi directed Controller to cancel the registration of design on the ground
not original and has been published prior to
that the design was

1. AIR 1989 Del 81.

 IPR-Intellectual Property Rights

Introduction
Intellectual property (IP) is a legal field that refers to creations of the mind such as
musical, literary, and artistic works; inventions; and symbols, names, images, and
designs used in commerce, including copyrights, trademarks, patents, and related
rights. Under intellectual property law, the holder of one of these abstract “properties”
has certain exclusive rights to the creative work, commercial symbol, or invention by
which it is covered.

Intellectual property rights are a bundle of exclusive rights over creations of the mind,
both artistic and commercial. The former is covered by copyright laws, which protect
creative works such as books, movies, music, paintings, photographs, and software
and gives the copyright holder exclusive right to control reproduction or adaptation of
such works for a certain period of time.

The term “intellectual property” denotes the specific legal rights described above,
and not the intellectual work itself.

The importance of intellectual property in India is well established at all levels-

statutory, administrative and judicial. India ratified the agreement establishing the
World Trade Organization (WTO). This Agreement, inter-alia, contains an Agreement
on Trade Related Aspects of Intellectual Property Rights (TRIPS) which came into
force from 1st January 1995. It lays down minimum standards for protection and
enforcement of intellectual property rights in member countries which are required to
promote effective and adequate protection of intellectual property rights with a view
to reducing distortions and impediments to international trade. The obligations under
the TRIPS Agreement relate to provision of minimum standard of protection within
the member countries legal systems and practices.

The Agreement provides for norms and standards in respect of following areas
of intellectual property:
• Copyrights and related rights
• Trade Marks
• Geographical Indications
• Industrial Designs
• Lay out Designs of Integrated Circuits
• Protection of Undisclosed Information (Trade Secrets)
• Patents
• Plant varieties

NEED FOR PROTECTION TO IPR

The protection of intellectual property rights is an essential element of
economic policy for any country. Only such protection can stimulate
research, creativity and technological innovations by giving freedom to
individual inventors and companies to gain the benefits of their
creative efforts.

It is a very important issue to plan to protect the intellectual property

rights. The major needs are to:

• Prevent plagiarism.
• Prevent others using it.
• Prevent using it for financial gains.
• Fulfill obligation to funding agency.
• Support income generation strategy.

KINDS OF INTELLECTUAL PROPERTY

Patent
Patent, is a legal document granted by the government giving an inventor the
exclusive right to make, use, and sell an invention for a specified number of years.
Patents are also available for significant improvements on previously invented items.

Who Can File A Patent Application?

An application for a patent for an invention can be made by any of the
following persons either alone or jointly with another:

i. true and first inventor

ii. his /her legal assignee
iii. legal representative of deceased inventor or assigne

Term Of Patent
The term of every patent granted under the Act is twenty years from the date of
filing.

The patents in force on 20th May 2003 stood extended for the term of 20 years.

The term of patent in case of International applications filed under the PCT,
designating India, is twenty years from the international filing date accorded
under the PCT.

Renewal fee is required to be paid annually to keep the patent in force.

Restoration of patents is possible if applied within 18 months from the date of
lapse.

Compulsory License:

Sections 84 to 94 of the Patents Act relate to compulsory licensing of patented

products. A person may apply for a compulsory license three years after the
grant of a patent on the following grounds:

• the reasonable requirements of the public have not been satisfied, or

• patented invention is not available at a reasonable affordable price or

• the patented invention is not worked in India.

Compulsory license may also be granted on notification by Central

Government on exceptional circumstances related to public interest namely
national emergency, extreme urgency example scarcity of petroleum products,
earthquake etc, and public non-commercial use

The Controller will notify and grant licenses without any consideration as in
other cases in respect of patents on such terms and conditions that the article
is available to the public at lowest price.
The Compulsory license provisions is aimed at curbing the practice of meeting
the demand for patented articles solely by importation from abroad thereby
discouraging

• transfer of technology,

• development in existing trade & industry,

• non-establishment of new trade & industry,

• refusal to grant licenses to work the patent locally,

• imposing unreasonable terms on licenses thereby discouraging

voluntary licensing and imposing restrictive conditions on the use,

• sale or lease of the patented articles thereby prolonging the patent

monopoly rights even after the patent has expired.

• Revocation of the patent for non-working has been adopted in almost all
countries.

In considering the application for the grant of compulsory license, the

Controller shall take into account the nature of the invention; the time which
has elapsed since the sealing of the patent; the measures already taken by the
patentee or any licensee to make full use of the invention; the ability of the
applicant to work the invention to the public advantage; capacity of the
applicant to undertake the risk in providing the capital and working the
invention; whether the applicant has made efforts to obtain a license from a
patentee on reasonable terms and conditions and such efforts have not been
successful within a reasonable period (6 months) as the Controller may deem
fit.

Where the Controller is satisfied that a prima facie case has been made, the
Controller will direct the applicant to serve copies of the application on
patentee and any other person appearing in the Register of Patents and upon
hearing the parties may give his decision. An appeal lies to the appellate
board. The Controller can terminate the compulsory license when
circumstances that gave rise to the grant no longer exist.

Further, in determining royalty Controller shall keep in mind the nature of the
invention; the expenditure incurred in making and developing the invention;
expenditure in obtaining patent and its maintenance; patented invention is
worked and the licensee gets reasonable profit; patented article is available to
public at reasonably affordable price; license granted is non-exclusive; the
right of the licensee is non assignable; that the license is for a balance period
of the term of the patent or shorter term;

COPY RIGHT
Copyright is a right given by the law to creators of literary, dramatic, musical and
artistic works and producers of cinematograph films and sound recordings. In fact, it
is a bundle of rights including, inter alia, rights of reproduction, communication to the
public, adaptation and translation of the work. There could be slight variations in the
composition of the rights depending on the work.

Why should copyright be protected?

Copyright ensures certain minimum safeguards of the rights of authors over their
creations, thereby protecting and rewarding creativity. Creativity being the keystone
of progress, no civilized society can afford to ignore the basic requirement of
encouraging the same. Economic and social development of a society is dependent
on creativity. The protection provided by copyright to the efforts of writers, artists,
designers, dramatists, musicians, architects and producers of sound recordings,
cinematograph films and computer software, creates an atmosphere conducive to
creativity, which induces them to create more and motivates others to create.

AUTHORSHIP AND OWNERSHIP

Whose rights are protected by copyright?

Copyright protects the rights of authors, i.e., creators of intellectual property in the
form of literary, musical, dramatic and artistic works and cinematograph films and
sound recordings.

Who is the first owner of copyright in a work?

Ordinarily the author is the first owner of copyright in a work.

Who is an author?

• In the case of a literary or dramatic work the author, i.e., the person who creates
the work.

• In the case of a musical work, the composer.

• In the case of a cinematograph film, the producer.

• In the case of a sound recording, the producer.

• In the case of a photograph, the photographer.

• In the case of a computer generated work, the person who causes the work to
be created.

Who all have rights in a musical sound recording?

There are many right holders in a musical sound recording. For example, the lyricist
who wrote the lyrics, the composer who set the music, the singer who sang the song,
the musician (s) who performed the background music, and the person or company
who produced the sound recording.

Is it necessary to obtain any licence or permission to use a musical sound

recording for public performance?

A sound recording generally comprises various rights. It is necessary to obtain the

licences from each and every right owner in the sound recording. This would ,inter
alia, include the producer of the sound recording, the lyricist who wrote the lyrics,
and the musician who composed the music.

Who is the owner of copyright in a government work?

In the case of a government work, government shall, in the absence of any

agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of copyright in the work of a public undertaking?

In the case of a work made or first published by or under the direction or control of
any public undertaking, such public undertaking shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of copyright in works by journalists during the course of

their employment?

In the case of a literary, dramatic or artistic work made by the author in the course of
his employment by the proprietor of a newspaper, magazine or similar periodical
under a contract of service or apprenticeship, for the purpose of publication in a
newspaper, magazine or similar periodical, the said proprietor shall, in the absence
of any agreement to the contrary, be the first owner of the copyright in the work in so
far as the copyright relates to the publication of the work in any newspaper,
magazine or similar periodical, or to the reproduction of the work for the purpose of
its being so published, but in all other respects the author shall be the first owner of
the copyright in the work.

Who is the owner of a work produced during the course of the author’s
employment?

In the case of a work made in the course of the author’s employment under a
contract of service or apprenticeship, the employer shall, in the absence of any
agreement to the contrary, be the first owner of the copyright therein.

Who is the owner of the copyright in the case of a work produced for valuable
consideration at the instance of another person?

In the case of a photograph taken, or a painting or portrait drawn, or an engraving or

a cinematograph film made, for valuable consideration at the instance of any person,
such person shall, in the absence of any agreement to the contrary, be the first
owner of the copyright therein.
Is copyright assignable?

Yes. The owner of the copyright in an existing work or the prospective owner of the
copyright in a future work may assign to any person the copyright either wholly or
partially and either generally or subject to limitations and either for the whole term of
the copyright or any part thereof.

What is the mode of assigning copyright?

It shall be in writing signed by the assignor or by his duly authorised agent. It shall
identify the specific works and specify the rights assigned and the duration and
territorial extent of such assignment. It shall also specify the amount of royalty
payable, if any, to the author or his legal heirs during the currency of the assignment
and the assignment shall be subject to revision, extension or termination on terms
mutually agreed upon by the parties.

Does an assignment lapse automatically?

Where the assignee does not exercise the rights assigned to him within a period of
one year from the date of assignment, the assignment in respect of such rights shall
be deemed to have lapsed after the expiry of the said period unless otherwise
specified in the assignment.

What will be the period of assignment if not specifically stated in the

assignments?

If the period of assignment is not stated, it shall be deemed to be five years from the
date of assignment.

What will be the territorial extent of the assignment if not specified in the
assignment?

If the territorial extent of assignment of the rights is not specified, it shall be

presumed to extend within the whole of India.

Can an author relinquish copyright and, if so, how?

The author of a work may relinquish all or any of the rights comprising the copyright
in the work by giving notice in the prescribed form to the Registrar of Copyrights.

DIFFERENT RIGHTS

Are copyrights same for all classes of works?

No. The rights vary according to the class of work.

What are the rights in the case of a literary work?

In the case of a literary work (except computer programme), copyright means the
exclusive right
 • To reproduce the work

• To issue copies of the work to the public

• To perform the work in public
• To communicate the work to the public.
• To make cinematograph film or sound recording in respect of the work
• To make any translation of the work
• To make any adaptation of the work.

Is translation of an original work also protected by copyright?

Yes. All the rights of the original work apply to a translation also.

Are computer programmes protected under Copyright Act?

Yes. Computer programmes are protected under the Copyright Act. They are treated
as literary works.

Are there any special rights in computer programmes?

Yes. In addition to all the rights applicable to a literary work, owner of the copyright in
a computer programme enjoys the rights to sell or give on hire or offer for sale or
hire, regardless of whether such a copy has been sold or given on hire on earlier
occasion.

What are the rights in a dramatic work?

In the case of a dramatic work, copyright means the exclusive right

o To reproduce the work

o To communicate the work to the public or perform the work in public
o To issue copies of the work to the public
o To include the work in any cinematograph film
o To make any adaptation of the work
o To make translation of the work.

What are the rights in an artistic work?

In the case of an artistic work, copyright means the exclusive right

o To reproduce the work

o To communicate the work to the public
o To issue copies of the work to the public
o To include the work in any cinematograph film
o To make any adaptation of the work.

What are the rights in a musical work?

In the case of a musical work, copyright means the exclusive right

 o To reproduce the work

o To issue copies of the work to the public

o To perform the work in public
o To communicate the work to the public
o To make cinematograph film or sound recording in respect of the work
o To make any translation of the work
o To make any adaptation of the work.

What are the rights in a cinematograph film?

In the case of a cinematograph film, copyright means the exclusive right

o To make a copy of the film including a photograph of any image

forming part thereof
o To sell or give on hire or offer for sale or hire a copy of the film
o To communicate the cinematograph film to the public.

What are the rights in a sound recording?

o To make any other sound recording embodying it

o To sell or give on hire, or offer for sale or hire, any copy of the sound
recording
o To communicate the sound recording to the public.

What is the right of reproduction?

The right of reproduction commonly means that no person shall make one or more
copies of a work or of a substantial part of it in any material form including sound and
film recording without the permission of the copyright owner. The most common kind
of reproduction is printing an edition of a work. Reproduction occurs in storing of a
work in the computer memory.

What is the right of communication to the public?

Communication to the public means making any work available for being seen or
heard or otherwise enjoyed by the public directly or by any means of display or
diffusion. It is not necessary that any member of the public actually sees, hears or
otherwise enjoys the work so made available. For example, a cable operator may
transmit a cinematograph film, which no member of the public may see. Still it is a
communication to the public. The fact that the work in question is accessible to the
public is enough to say that the work is communicated to the public.

What is an adaptation?
Adaptation involves the preparation of a new work in the same or different form
based upon an already existing work. The Copyright Act defines the following acts as
adaptations:

a. Conversion of a dramatic work into a non dramatic work

b. Conversion of a literary or artistic work into a dramatic
work
c. Re-arrangement of a literary or dramatic work
d. Depiction in a comic form or through pictures of a literary
or dramatic work
e. Transcription of a musical work or any act involving re-
arrangement or alteration of an existing work.

The making of a cinematograph film of a literary or dramatic or musical work is also

an adaptation.

Can any person translate a work without the permission of the owner of the
copyright in the work?

No. A person cannot translate a work enjoying copyright without the permission of
the copyright owner.

Is there any copyright over news?

No. There is no copyright over news. However, there is copyright over the way in
which a news item is reported.

REGISTRATION OF COPYRIGHT

Is it necessary to register a work to claim copyright?

No. Acquisition of copyright is automatic and it does not require any formality.
However, certificate of registration of copyright and the entries made therein serve
as prima facie evidence in a court of law with reference to dispute relating to
ownership of copyright.

What is the procedure for registration of a work under the Copyright Act,1957?

Copyright comes into existence as soon as a work is created and no formality is

required to be completed for acquiring copyright. However, facilities exist for having
the work registered in the Register of Copyrights maintained in the Copyright Office
of the Department of Education. The entries made in the Register of Copyrights
serve as prima-facie evidence in the court of law. The Copyright Office has been set
up to provide registration facilities to all types of works and is headed by a Registrar
of Copyrights and is located at B.2/W.3, C.R. Barracks, Kasturba Gandhi Marg, New
Delhi- 110 003, Tel: 338 4387

What are the guidelines regarding registration of a work under the Copyright
Act?
Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the
registration of a work. Copies of the Act and Rules can be obtained from the
Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorised
dealers on payment. The procedure for registration is as follows:

a. Application for registration is to be made on Form IV ( Including Statement of

Particulars and Statement of Further Particulars) as prescribed in the first
schedule to the Rules ;
b. Separate applications should be made for registration of each work;
c. Each application should be accompanied by the requisite fee prescribed in the
second schedule to the Rules ; and
d. The applications should be signed by the applicant or the advocate in whose
favour a Vakalatnama or Power of Attorney has been executed. The Power of
Attorney signed by the party and accepted by the advocate should also be
enclosed.

Each and every column of the Statement of Particulars and Statement of Further
Particulars should be replied specifically.

Both published and unpublished works can be registered. Copyright in works

published before 21stJanuary, 1958, i.e., before the Copyright Act, 1957 came in
force, can also be registered, provided the works still enjoy copyright. Three copies
of published work may be sent along with the application. If the work to be registered
is unpublished, a copy of the manuscript has to be sent along with the application for
affixing the stamp of the Copyright Office in proof of the work having been registered.
In case two copies of the manuscript are sent, one copy of the same duly stamped
will be returned, while the other will be retained, as far as possible, in the Copyright
Office for record and will be kept confidential. It would also be open to the applicant
to send only extracts from the unpublished work instead of the whole manuscript and
ask for the return of the extracts after being stamped with the seal of the Copyright
Office.

When a work has been registered as unpublished and subsequently it is published,

the applicant may apply for changes in particulars entered in the Register of
Copyright in Form V with prescribed fee.

TERM OF COPYRIGHT

Is copyright protected in perpetuity?

No. It is protected for a limited period of time.

What is the term of protection of copyright?

The general rule is that copyright lasts for 60 years. In the case of original literary,
dramatic, musical and artistic works the 60-year period is counted from the year
following the death of the author. In the case of cinematograph films, sound
recordings, photographs, posthumous publications, anonymous and pseudonymous
publications, works of government and works of international organisations, the 60-
year period is counted from the date of publication.

ADMINISTRATION OF COPYRIGHT LAW

Is there any advisory body on copyright matters?

Yes. The government has set up a Copyright Enforcement Advisory Council (CEAC).
The present composition of the CEAC is at Appendix- II.

Are there special courts for copyright?

No. There are no special courts for copyright cases. The regular courts try these
cases. There is a Copyright Board to adjudicate certain cases pertaining to
copyright.

What are the powers of Copyright Board?

The Copyright Act provides for a quasi-judicial body called the Copyright Board
consisting of a Chairman and two or more, but not exceeding fourteen, other
members for adjudicating certain kinds of copyright cases. The Chairman of the
Board is of the level of a judge of a High Court. The Board has the power to:

i. hear appeals against the orders of the Registrar of

Copyright;
ii. hear applications for rectification of entries in the Register
of Copyrights;
iii. adjudicate upon disputes on assignment of copyright;
iv. grant compulsory licences to publish or republish works
(in certain circumstances);
v. grant compulsory licence to produce and publish a
translation of a literary or dramatic work in any language
after a period of seven years from the first publication of
the work;
vi. hear and decide disputes as to whether a work has been
published or about the date of publication or about the
term of copyright of a work in another country;
vii. fix rates of royalties in respect of sound recordings under
the cover-version provision; and
viii. fix the resale share right in original copies of a painting, a
sculpture or a drawing and of original manuscripts of a
literary or dramatic or musical work.

Has the Registrar of Copyrights any judicial powers?

Yes. 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, namely,

a. summoning and enforcing the attendance of any person and examining him
on oath;
b. requiring the discovery and production of any document;
c. receiving evidence on affidavit;
d. issuing commissions for the examination of witnesses or documents;
e. requisitioning any public record or copy thereof from any court or office;
f. any other matters which may be prescribed.

TRADE MARK
A trademark, trade mark, or trade-mark[1] is a recognizable sign, design,
or expression which identifies products or services of a particular source from
those of others,[2][3] although trademarks used to identify services are usually
called service marks.[4][5] The trademark owner can be an individual, business A
“Trademark” is defined under Section 2(zb) of the Indian Trademarks Act, 1999 as “mark
capable of being represented graphically and which is capable of distinguishing the goods or
services of one person from those of others and may include a shape of goods, their
packaging and combination of colours.”

Simply put, a trademark may include a device, brand, heading, label, ticket, name, signature,
word, letter, numeral, a shape of goods, packaging or combination of colours or any such
combinations. (Section 2(m)). The only qualification for a trademark being its capacity
to distinguish the goods or services of one person from that of another.

In order to understand the requirements for choosing a proper trademark for your business,
you may refer to our previous blog post.

What are the types of Trademarks?

A trademark may be divided into the following categories:

1. Word marks: Word marks may be words letters or numerals. A word mark gives the
proprietor a right only in the word, letter or numerical. No right is sought with respect to the
representation of the mark.

2. Device marks: Where the trademark lies in the unique representation of a word, letter or
numerical, it is called as a device mark.

3. Service Marks: A service mark is nothing but a mark that distinguishes the services of one
person from that of another. Service marks do not represent goods, but the services offered by
a person/ company.

They are used in a service business where actual goods under the mark are not traded. It is a
mechanism available to protect marks used in the service industry. Thus businesses providing
services like computer hardware and software assembly and maintenance, restaurant and
hotel services, courier and transport, beauty and health care, advertising, publishing,
educational and the like are now in a position to protect their names and marks from being
misused by others. As service marks, the substantive and procedural rules governing for the
service marks are fundamentally the same.

4. Collective Marks: Marks being used by a group of companies can now be protected by the
group collectively. Collective marks are used to inform the public about a particular feature
of the product for which the collective mark is used. The owner of such marks may be an
association or public institution or cooperative. Collective marks are also used to promote
particular products which have certain characteristics specific to the producer in a given
region.

5. Certification Marks: Certification marks are used to define standards. They assure the
consumers that the product meets certain prescribed standards. The presence of certification
mark on a product indicates that the product has successfully gone through a standard test
specified. It assures the consumer that the manufacturers have gone through an audit process
to ensure the quality of the product. For example, Toys, Electrical goods, etc. have such
marking that indicates the safety and the quality of the product.

The difference between the certification mark and the collective mark is that the collective
mark is used by a particular enterprise or members of the association while a certification
mark may be used by anybody who meets the defined standards.

6. Well-known marks: When a mark is easily recognised among a large percentage of the
population it achieves the status of a well-known mark. Well-known marks enjoy greater
protection. Persons will not be able to register or use marks, which are imitations of well-
known trademarks. In order to be well-known, a trademark needs to be known/ recognised by
a relevant section of people. These people includes actual or potential customers, people
involved in the distribution and business service dealing with the goods/services.

7. Unconventional Trademarks: Unconventional trademarks are those trademarks which get

recognition for their inherently distinctive feature.

Unconventional trademarks include the following categories:

Colour Trademark: If a particular colour has become a distinctive feature indicating the
goods of a particular trader it can be registered as a trademark. For example, Red Wine.

Sound Marks: Signs which are perceived by hearing and which is distinguishable by their
distinctive and exclusive sound can be registered as sound marks. For example, Musical
notes.

Shape Marks: When the shape of goods, packaging have some distinctive feature it can be
registered. For example, Ornamental Lamps.

Smell Marks: When the smell is distinctive and cannot be mistaken for an associated product
it can be registered as a smell mark. For example, Perfumes.

On the whole, a trademark is an important means to protect the goodwill and reputation of a
Business. While filing a trademark, the applicant can choose any aforementioned types of
trademarks based on the nature of mark.
organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the
product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.

What kinds of trademarks can be registered?

There are four main kinds of trademarks:

1. Descriptive;
2. Suggestive;
3. Arbitrary; and
4. Fanciful
Descriptive trademarks are generally refused registration, whereas suggestive,
arbitrary, or fanciful trademarks are considered to be stronger trademarks that have
the potential to be registered.

1. Descriptive

Descriptive trademarks are often the easiest to market because they describe the
goods or services they are marketed with. Examples of descriptive trademarks would
be "Honey Roasted Peanuts" to describe honey roasted peanuts and "Vision Center"
in reference to a business offering optical goods and services. This website, which
offers advice and services relating to registering a trademark, has the descriptive
trademark of Registering A Trademark. Companies may choose a descriptive
trademark even though it is a weak mark because there are marketing benefits to
using a mark that describes the product. The USPTO feels that a descriptive
trademark is not initially entitled to registration, because it describes all other
competing products too. Descriptive marks may become registerable upon a
showing that consumers identify that descriptive term with only one company.

2. Suggestive

Suggestive trademarks indirectly refer to the goods or services with which they are
associated. Suggestive marks require the consumer to exercise their imagination in
order to determine the nature of the goods or services. Examples of suggestive
marks include "Greyhound" for bus services and "Jaguar" for automobiles, with both
marks suggesting the speed of their products, both of which are used for
transportation.

3. Arbitrary

Arbitrary marks are common English words which are used in a way such that their
normal meaning bears no relationship to the goods or services to which they are
applied. "Nickelodeon" is an example of an arbitrary mark, for its definition as "an
early movie theater charging an admission price of five cents" has no direct relation
to a cable television channel for children. The trademark "Apple" for computer
products is another example of an arbitrary mark. Obviously, whether a mark is
arbitrary or not depends upon its context. "Apple" as applied to computers is
arbitrary, but as applied to a fruit grower that mark would be descriptive.

Arbitrary marks are generally easy to register because there is no connection

between the mark and the goods or services, but they may present a marketing
challenge.

4. Fanciful

Fanciful trademarks are generally "coined" terms that had no meaning before their
use as a trademark. Famous examples of fanciful trademarks include "Kodak,"
"Xerox," and "Oreo." Fanciful words are inherently distinctive and immediately
function as a trademark or service mark. They are afforded the greatest amount of
trademark protection.

Design
An industrial design may consist of three dimensional features, such as the shape of
an article, or two dimensional features, such as patterns, lines or color.

Design� means only the features of shape configuration, pattern, ornament or

composition of lines or colours applied to any article whether in two dimensional
or in three dimensional or in both forms by any industrial process or means
whether manual,mechanical or chemical separate or combined which in the
finished article appeal to and are judged solely by the eye but does not include any
mode or principle of construction or anything which is in substance a mere
mechanical device. It does not include a trade mark or property mark or an artistic
work.
A design in order to be registrable must be new or original not previously
published in India or anywhere in the world. A design may be incorporated in the
article itself as in the case of a shape or configuration which is three dimensional in
nature or it may be represented two dimensionally on a piece of paper in such a
way that the article to which it is applied could be visualised. Shape and
configuration are three dimensional, e.g. the shape of a bottle, vase and so on;
while patterns or ornaments are two dimensional as in the case of patterns for
textiles, wallpaper, etc., which serves the purpose of decoration.
A design may be the shape of a wash basin, a motor car, a locomotive engine or
any material object, it may be the shape embodied in a sculptured or a plastic
figure, which is to serve as a model for commercial production, or it may be a
drawing in the flat or a complex pattern to be used for the manufacture of things
such as linoleum or wallpaper. A design must have individuality of appearance,
which makes it not merely visible but noticed although it need not possess any
artistic merit.
A design not distinguishable from known designs or which consists of scandalous
or obscene matter is not registrable.
An industrial design is different from a trade mark. If after the expiry of the
monopoly period, the design is not used by other traders it might in course of time
become distinctive of the goods of the original proprietor and acquire significance
as a trade mark (get-up). In such circumstance it can be protected from copying by
others by a passing off action.

Traditional Knowledge
Traditional knowledge holders face various difficulties. In some cases, the very
survival of the knowledge is at stake, as the cultural survival of communities is under
threat. External social and environmental pressures, migration, the encroachment of
modern lifestyles and the disruption of traditional ways of life can all weaken the
traditional means of maintaining or passing knowledge on to future generations.
There may be a risk of losing the very language that gives the primary voice to a
knowledge tradition and the spiritual world-view that sustains this tradition. Either
through acculturation or diffusion, many traditional practices and associated beliefs
and knowledge have been irretrievably lost. Thus, a primary need is to preserve the
knowledge that is held by elders and communities throughout the world. Another
difficulty facing traditional knowledge holders is the lack of respect and appreciation
for such knowledge.

For example, when a traditional healer provides a mixture of herbs to cure a

sickness, the healer may not isolate and describe certain chemical compounds and
describe their effect on the body in the terms of modern biochemistry, but the healer
has, in effect, based this medical treatment upon generations of clinical trials
undertaken by healers in the past, and on a solid empirical understanding of the
interaction between the mixture and human physiology. Thus, sometimes the true
understanding of the value of traditional knowledge maybe overlooked if its scientific
and technical qualities are considered from a narrow cultural perspective. With the
gradual recognition of the value of traditional knowledge and an exponential growth
in the use of traditional knowledge products the greatest threat against it is that of
usurpation over-exploitation by commercial entities in derogation of the rights of the
original holders.
TRADE SECRETS

A trade secret means information, which is kept confidential as a

secret. This is generally not known in the relevant industry, offering
an advantage to its owner over other competitors. Unlike other types
of Intellectual property, this trade secret is fundamentally a “do-it-
yourself’ type of protection. For engineers, inventors, and designers,
the trade secrets are to be maintained secretly. Such trade secrets
include some formulae, programmes, methods, progresses or data
collections etc. If there is any improper disclosure or use of the trade
secret by another person, the inventor may claim and recover
damages resulting from illegal use.

TRIPS agreements offer the protection for trade secrets under the
heading ‘protection of undisclosed information’. The engineer in
competitive field should feel their responsibility and status when they
make use of such trade secrets till its disclosure. If the information of
a trade secret is available through any legitimate means and if any
inventor is responsible illegally for such leaking, then the trade secret
may become ineligible for protection.

Enforcement of Intellectual Property Rights is definitely private rights.

If anybody uses the material without the inventors’ permission, the
Intellectual Property right owners can use any remedies available
under the civil law.

Trade Dress
Trade dress refers to features of the visual or sensual appearance of a product that
may also include its packaging, shape, combination of colors which may be
registered and protected from being used by competitors in relation to their business
and services. The characteristic includes their shape (3 dimensional), packaging,
color, graphic design of the product.

Objective

Trade dress protection is intended to protect consumers from packaging or

appearance of products that are designed to imitate other products; to prevent a
consumer from buying one product under the belief that it is another. For Ex. Apple
Inc. recently secured the registration over the design of its flagship Apple Stores as
trade dress.

Essentials of Trade Dress

1. Anything that creates the overall look and feel of a brand in the marketplace could
be a trade dress.

2. Consumer really believes that the trade dress is a source indicator of

distinguishing the goods and services of one from those of others.
3. The configuration of shapes, designs, colors, or materials that make up the trade
dress in question must not serve a utility or function outside of creating recognition in
the consumer's mind.

4. The statutory requirement for the registration of trade dress is same as that of the
registration is word/ logo mark.

Concept of Trade Dress in India

The Indian law does not have a separate provision for the trade dress under its
existing Trade mark legislation unlike the US law which recognizes the concept trade
dress under Section 43(a) of the Lanham Act.

The new Trade Marks Act, 1999, which came into force in September 2003 is largely
based on the English Trade mark Act, 1994 recognized the concept of trade dress
on the lines of The Lanham Act. The amended Act of 1999 recognizes trade dress
through the new definition of Trade mark also consists of the shape of goods,
packaging or combination of colors or any combination thereof. Broadly speaking,
Section 2 of the Trade Marks Act, 1999.

Defines the following as:

(m) "mark" includes a device, brand, heading, label, ticket, name, signature, word,
letter, numeral, shape of goods, packaging or combination of colors or any
combination thereof;

(q) "package" includes any case, box, container, covering, folder, receptacle, vessel,
casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper an
cork; Hence the new definition of trade mark under Indian law comprises all the
elements of the trade dress as under US law. The Indian courts have been
recognizing the concept of trade dress even before 2003.

In Cadbury India Limited and Ors. Vs. Neeraj Food Products3, the Delhi High
Court held the trademark "JAMES BOND" as physically and phonetically similar to
the registered trademark "GEMS" of the Cadbury. The High Court further held the
packaging of Neeraj food product to be similar to that of Cadbury and eventfully
Neeraj Foods was restrained from using said trademarks as well as the packaging
similar to that of Cadbury. In another recent case of Gorbatschow Wodka v. John
Distilleries4, the Plaintiff, Gorbatschow Wodka, filed an infringement action before
the Bombay High Court alleging that the Defendant has invaded its intellectual
property rights by adopting a deceptive variation of the shape of the bottles of the
Plaintiff.

Conclusion

Trade dress can be secured for the shape of the bottle of the soft drinks, shape of
the furniture, and now also the lay our or the design of a show room. Some of the
famous trade dress is:- shape of coco cola bottle, front grill on the Rolls Royce. With
growing competition trade dress provides a new forum to secure the untouched
aspects of business of distinctiveness.

Protection of Plant Variety

Plant variety protection provides legal protection of a plant variety to a breeder in the
form of Plant Breeder's Rights. Plant Breeder's Rights (PBRs) are intellectual
property rights that provide exclusive rights to a breeder of the registered variety.

The Plant Variety Protection and Farmers Rights Act (PPVFRA), 2001, a sui generis
system, is an attempt by the Indian Government to recognize and protect the rights
of both commercial plant breeders and farmers in respect of their contribution made
in conserving, improving and making available plant genetic resources for
development of new plant varieties and to encourage the development of new plants
varieties

. Protection of the plant varieties under the PPVFR Act, 2001 accelerates agricultural
development and stimulates investment for research and development for the
development of new plant varieties, which in turn facilitates the growth of the seed
industry and ensures the availability of high quality seeds and planting material to the
farmers. Why Protection for plants is required in India

What is a plant variety?

A variety is a plant grouping within a single botanical taxon of the lowest known rank,
defined by the expression of the characteristics resulting from a given genotype or
combination of genotypes. The variety should be distinguished from other plant
grouping by expression and should be considered as a unit with regard to its
suitability for being propagated unchanged.

What are registerable plant varieties in India?

Four types of plant varieties can be registered under PPVFR Act, 2001. –

1) New varieties: A variety which is not in public domain in India

earlier than one year before the date of filing; or outside India, in
the case of trees or vines earlier than six years, or in any other
case, earlier than four years
2) . 2) Extant variety: A variety which is notified under Seed Act,
1966 or a variety about which there is common knowledge or a
farmers’ variety or any other variety which is in public domain is
considered as an Extant variety. © Copyright Lakshmi Kumaran
& Sridharan Attorneys, 2009. Views expressed in this article are
solely of the author(s). Duplication, Transmission or
Reproduction of this article is prohibited.
3) 3) Farmers’ variety: A variety which has been traditionally
cultivated and evolved by the farmers in their fields or a variety
 which is a wild relative or land race of a variety about which
farmers possess common knowledge.
4) 4) Essentially derived variety (EDV): An “essentially derived
variety” shall besaid to be essentially derived from such initial
variety when it is predominantly derived from such initial variety,
or from a variety that itself is predominantly derived from such
initial variety, while retaining the expression of the essential
characteristics that result from the genotype or combination of
genotype of such initial variety and it is clearly distinguishable
from such initial variety. An EDV conforms to such initial variety
that results from the genotype or combination of genotype of
such initial variety.

Duration
Duration of protection for a registered plant variety •

Trees and vines - 18 years. • Other crops - 15 years. •

Extant varieties - 15 years from the date of notification of that variety by the Central
Government under Seed Act, 1966

Who can apply for the registration of a plant variety?

Any person claiming to be the breeder of the variety; or any successor of the breeder
of the variety or any person being the assignee or the breeder of the variety in
respect of the right to make such application or any farmer or group of farmers or
community of farmers claiming to be breeder of the variety or any person authorized
to make application on behalf of farmers or University or publicly funded agricultural
institution claiming to be breeder of the variety.

Semiconductor Integrated circuits Layout- Design

"Semiconductor Integrated circuits Layout- Design Act 2000" is a
supplement act to designs. It fulfills the obligations of TRIPS
agreement (Art.35 to 38) regarding the protection of semiconductor
integrated circuits layout- designs.

Definitions

SICLD Act defines the following as:

• "Semiconductor integrated circuit" means a product

having transistors or other circuitry elements, which are inseparably formed
on a semiconductor material or an insulating material or inside the
 semiconductor material and designed to perform an electronic circuitry
function.
• "Layout-design" means a layout of transistors, and other circuitry
elements and includes lead wires connecting such elements and expressed in
any manner in a semiconductor integrated circuit.
• "Commercial exploitation" in relation to the SICLD means to
sell, lease, offer or exhibit for sale or otherwise distribute such semiconductor
integrated circuit for any commercial purpose.

Exclusive Right to the Registered Proprietor

The registration of the layout design gives to the registered proprietor of the
layout design the exclusive right to the use of the layout design and to obtain
relief in respect of infringement. This right shall be available to the registered
proprietor of that layout design irrespective of the fact as to whether the layout
design is incorporated in an article or not.

Duration of Registration
The registration of the layout design shall be only for the period of 10 years counted
from the date of filing an application for registration or from the date of first
commercial exploitation anywhere in any country, whichever is earlier.

Indian Legislation
• There is protection of semiconductor integrated circuits layout and designs by
a registration process.
• There is a mechanism for distinguishing which layout designs can be
protected.
• There are rules to prohibit registration of layout designs which are not original
or which have been commercially exploited.
• Protection of 10 years period is provided to layout designs.
• Provisions regarding infringement and evidence of validity are mentioned.
• There are provisions for determining payment of royalty for registered layout
designs in case of innocent or unintentional infringement.
• Penalties in the form of imprisonment and fine are imposed for willful
infringement and other offences in the Act.
• The Registrar is appointed for the purpose of administration and the Appellate
Board is established for facilitating the legal objective.

Geographical Indication .
What is a Geographical Indication?
• It is an indication
• It originates from a definite geographical territory.
• It is used to identify agricultural, natural or manufactured goods
• The manufactured goods should be produced or processed or prepared in
that territory.
• It should have a special quality or reputation or other characteristic

• :Examples of possible Indian Geographical Indications.

Basmati Rice Darjeeling Tea
A:
• kanchipuram silk saree
• nagpur orange
• kolhapuri chappal
• bikaneri bhujia
• agra petha

• :What is the benefit of registration of geographical

indications?
A:
• It confers legal protection to Geographical Indications in India
• Prevents unauthorised use of a Registered Geographical Indication by
others
• It provides legal protection to Indian Geographical Indications which in
turn boost exports.
• It promotes economic prosperity of producers of goods produced in a
geographical territory.

• :Who can apply for the registration of a geographical

indication?
A:
• Any association of persons, producers, organisation or authority
established by or under the law can apply:
• The applicant must represent the interest of the producers
• The application should be in writing in the prescribed form
• The application should be addressed to the Registrar of Geographical
Indications alongwith prescribed fee.

• :Who is a registered proprietor of a geographical indication?

• Any association of persons, producers,organisation or authority

established by or under the law can be a registered proprietor.
• Their name should be entered in the Register of Geographical Indication
as registered proprietor for the Geographical Indication applied for.
•

Q:Who is an authorised user?

• A producer of goods can apply for registration as an authorised user

• It must be in respect of a registered geographical indication
• He should apply in writing in the prescribed form alongwith prescribed fee

Q:Who is a producer in relation to a Geographical

Indication?

• The persons dealing with three categories of goods are covered under the term
Producer:
• Agricultural Goods includes the production, processing, trading or dealing
• Natural Goods includes exploiting, trading or dealing
• Handicrafts or Industrial goods includes making, manufacturing, trading or dealing.
• Is a registration of a geographical indication compulsory and how does it help the
applicant?

Q:Registration is not compulsory

• Registration affords better legal protection to facilitate an action for infringement

• The registered proprietor and authorised users can initiate infringement actions
• The authorised users can exercise the exclusive right to use the geographical
indication.

Q:Who can use the registered geographical indication?

An authorised user has the exclusive rights to the use of geographical

indication in relation to goods in respect of which it is registered.

Q:How long the registration of Geographical Indication is

valid?

The registration of a geographical indication is valid for a period of 10 years

Q:Can a Geographical Indication be renewed?

It can be renewed from time to time for further period of 10 years each.
 Q:Whatis the effect if a Geographical Indication if it is not
renewed?
If a registered geographical indication is not renewed it is liable to be removed
from the register.

When is a registered Geographical Indication said to be

infringed?

• When an unauthorised user uses a geographical indication that indicates

or suggests that such goods originate in a geographical area other than
the true place of origin of such goods in a manner which mislead the
public as to the geographical origin of such goods.
• When the use of geographical indication result in an unfair competition
including passing off in respect of registered geographical indication.
• When the use of another geographical indication results in false
representation to the public that goods originate in a territory in respect of
which a registered geographical indication relates.

Q:Who can initiate an infringement action?

The registered proprietor or authorised users of a registered geographical

indication can initiate an infringement action.

Q:Can a registered geographical indication be assigned,

transmitted, etc?

• No. A geographical indication is a public property belonging to the producers of the

concerned goods.
• It shall not be the subject matter of assignment, transmission, licensing, pledge,
mortgage or such other agreement
• However, when an authorised user dies, his right devolves on his successor in title.

Q:Can a registered geographical indication or a

registered authorised user be removed from the register?
Yes. The Appellate Board or the Registrar of Geographical Indications has the
power to remove the geographical indication or an authorised user from the
register. Further, on application by an aggrieved person action can be taken.
 PATENT
INTRODUCTION:

A Patent Act in India is the legislation of a country that controls the use of
patents. The main purpose of a patent act in India is to protect
inventions. Patents provide the exclusive rights for the owner of a patent
to make, use and sell a patented invention.

Patent system of India is regulated and governed by the superintendence

of General Controller of designs patents, trademark patent and
geographical indications. This office of general controller runs under
department of industrial policy and promotion. There are four patent
offices in India among which the head patent office is located in Kolkata
and other offices are located in Chennai, Delhi and Mumbai. The
examiners of each patent office discharge their work according to the
direction controller.

Patent Act in India represents one of the powerful intellectual property

rights at the national level. The patent registration confers on the
patentee the exclusive right to use, manufacture and sell his invention for
the term of the patent. It means that the invention cannot be
commercially used, made, distributed, or sold without the patentee's
consent. The patent rights can generally be enforced in a court of law.

Patent Right varies from country to country. In India the law which
govern patent right is "Indian Patent Act 1970". Indian Patent Act, 1970
grants exclusive right to the inventor for his invention for limited period of
time. Generally 20 years time has been granted to the patent holder but
in case of inventions relating to manufacturing of food or drugs or
medicine it is for seven years from the date of patent.
There is certain legal procedure which needs to be followed in order to
register. There are several attorney helping inventor in patent registration
by providing them best well informed knowledge. In India patent
registration can be filed individually or jointly. In case of deceased
inventor this can be done his legal representative on behalf of him.
All the required documents need to be filed along with the application
form. Only after verification registration certificate is provided to the
applicant. [The Indian Patent act& Simpkin Julie]
Definition:
The word Patent originated from the Latin Word "Patene" which means 'to
open'.

If a person makes, what he thinks is an invention, he or if he works for an

entity, that entity can ask the Government, by filing an application with
the Patent Office to give him a certificate in which it is stated what the
invention is and that he is the owner of it. Such a right conferred upon
the inventor is called 'Patent' by which the inventor, more properly called
as the Patentee, can
e)It should not be contrary to law and morality. make exclusive use of his
invention.

Thus a patent is a monopoly right granted to a person who has invented a

new and useful article or a new process of making an article.

In India the Law relating to Patents is governed by the Patents Act 1970
along with the recent Amendment in 1999.

The Indian Patents Act defines an invention as follows:

Invention means any new and useful:
i) Art, process, method or manner of manufacture,
ii) Machine, apparatus or other article,
iii) Substance produced by manufacture and includes any new & useful
improvement of any of them and an alleged invention.

Therefore, in order to be patentable, an invention must possess

the following characteristics:
a) It should relate to a manner of manufacture.
b) The manner of manufacture should be novel.
c) It should be the outcome of inventive activity.
d) It should have utility.
Patentableinvention
A new product or process, involving an inventive step and capable of being made or
used in an industry. It means the invention to be patentable should be technical in
nature and should meet the following criteria

i) Novelty :The matter disclosed in the specification is not published in India or

elsewhere before the date of filing of the patent application in India.

ii) Inventive Step: The invention is not obvious to a person skilled in the art in the
light of the prior publication/knowledge/ document.

iii) Industrially applicable: Invention should possess utility, so that it can be made or
used in an
industry.

(Section 3 of the (Indian) Patents Act, 1970

Non Patentable Invention:

The following are not patentable in India:-

1. An invention, that is frivolous or that claims anything obviously contrary to well

established natural laws;
2. An invention, the primary or intended use of which would be contrary to law or
morality or injurious to public health;
3. The mere discovery of a scientific principle or the formulation of an abstract
theory;
4. The mere discovery of any new property or new use for a known substance or
of the mere use of a known process, machine or apparatus unless such
known process results in a new product or employs at least one new reactant;
5. A substance obtained by a mere admixture resulting only in the aggregation of
the properties of the components thereof or a process for producing such
substance;
6. The mere arrangement or rearrangement or duplication of known devices,
each functioning independently of one another in a known way;
7. A method of agriculture or horticulture;
8. Inventions relating to atomic energy.
9. Any process for the medicinal, surgical, curative, prophylactic or other
treatment of human beings or animals.
10. Plants and animals in whole or any part thereof other than microorganisms.
11. Mathematical or business method or a computer program per se or
algorithms.
12. literary, dramatic, musical or artistic works, cinematographic works, television
productions and any other aesthetic creations.
13. Mere scheme or rule or method of performing mental act or playing game.
14. Presentation of information.
15. Topography of integrated circuits.
 16. An invention which in effect, is traditional knowledge or is based on the
properties of traditional knowledge.

The content of this article is intended to provide a general guide to the subject
matter. Specialist advice should be sought about your specific circumstances.

Benefits of Patent Registration

1. Patent grants exclusive right to commercially exploit the invention

2 .Inventor can assign his rights in favour of another person against consideration having patent on
invention make chances of getting designated as startup high

3. Exclude all others for using, selling, offering for sale your invention in your country

4. Having patents help you in raising finance as investor values it

Who Can Apply For Registration:

Any person claiming to be the true and first inventor of the invention;
Any person being the assignee of the person claiming to be the true and first
inventor in respect of the right to make such an application;
Any legal representative of any deceased person who immediately before his death
was entitled to make such application Patent Search;
It is prudent to conduct searches as early as possible to avoid spending time and
money re-inventing a known matter. A patent is not granted to an invention if it is
already available with the public either in the form of published literature or common
knowledge.

Information Required for Patent Registration

1. Name address of the applicant.
2. Complete Specification.
3. Drawing.
4. Request.
5. Abstract.
6. Power of Attorney.
7. Priority documents (if any).

Duration of a Patent
The tenure for patents is 20 years from the date of filing of the application for the
patent before the patent office. It is the responsibility of the patentee to maintain an
issued patent by paying the annuities until the patent expires. After 20 years term the
invention claimed in the patent falls into the public domain.
Registration Procedure of Patent
Step 1: Write down the invention (idea or concept) with as much details as possible
Collect all the information about your invention such as:

• Area of invention

• Description of the invention what it does

• How does it work

• Advantages of the invention

Ideally, if you have worked on the invention during research and development phase you
should have something call lab record duly signed with date by you and respective authority.
Step 2: include drawings, diagrams or sketches explaining working of invention
The drawings and diagrams should be designed so as to explain the working of the invention
in better way with visual illustrations. They play an important role in patent application.
Step 3: check whether the invention is patentable subject matter
All inventions may not be patentable, as per Indian patent act there are certain inventions
that are not patentable explained in detail in(inventions not patentable)
Step 4a: Patentability search
The next step would be finding out whether your invention meets all patentability criteria as
per Indian patent act? That is,

• Novelty

• Non-obviousness

• Industrial application

• Enabling
The detailed explanation for patentability criteria is given here (what are patentability
criteria’s). The patentability opinion is provided by the patent professionals up on conducting
extensive search and forming patentability report.
Step 4b: Decide whether to go ahead with patent
The patentability report and opinion helps you decide whether to go ahead with the patent or
not, chances are what you thought as novel might already been patented or know to public
in some form of information. Hence this reports saves lots of time, efforts and cost of the
inventor by helping him decide whether to go ahead with the patent filing process or not.
Step 5: Draft (write) patent application
In case you are at very early stage in the research and development for your invention, then
you can go for provisional application. It gives following benefits:

• Secures filing date

• 12 months of time to file complete specification

• Low cost
After filing provisional application, you secure the filing date which is very crucial in patent
world. You get 12 months of time to come up with the complete specification, up on expiry
of 12 months your patent application will be abandoned.
When you complete the required documents and your research work is at level where you
can have prototype and experimental results to prove your inventive step you can file
complete specification with patent application.
Filing the provisional specification is the optional step, if you are at the stage where you have
complete information about your invention then you can directly go for complete
specification.
Step 6: Publication of the application
Up on filing the complete specification along with application for patent, the application is
published after 18 months of first filing.
An early publication request can be made along with prescribed fees if you do not wish to
wait till the expiry of 18 months from the date of filing for publishing your patent application.
Generally the patent application is published within a month form request form early
publication.
Step 7: Request for examination
The patent application is examined only after receiving request for examination that is RFE.
Up on receiving this request the controller gives your patent application to a patent examiner
who examinees the patent application with different patentability criteria like:

• Patentable subject matter

• Novelty

• Non-obviousness

• Inventive step

• Industrial application

• Enabling
The examiner creates a first examination report of the patent application upon reviewing it
for above terms. This is called patent prosecution. Everything happening to patent
application before grant of patent is generally called as patent prosecution.
The first examination report submitted to controller by examiner generally contains prior arts
(existing documents before the date of filing) which are similar to the claimed invention, and
same is reported to patent applicant.
Step 8: respond to objections
Majority of patent applicants will receive some type of objections based on examination
report. The best thing to do it analyse the examination report with patent professional (patent
agent) and creating a response to the objections raised in the examination report.
This is a chance for an inventor to communicate his novelty over prior arts found in the
examination report. The inventor and patent agent create and send a response to the
examination that tries to prove to controller that his invention is indeed patentable and
satisfies all patentability criteria’s.
Step 9: clearing all objections
This communication between controller and patent applicant is to ensure that all objections
raised in the patent application are resolved. (if not the patent will not be granted ) and the
inventor has his fair chance to prove his point and establish novelty and inventive step over
existing prior arts.
Up on finding the patent application in order of grant, it is grant to the patent applicant as
early as possible.
Step 10: Grant of patent
The application would be placed in order for grant once it is found to be meeting all
patentability requirements. The grant of patent is notified in the patent journal which is
published time to time.

Surrender of Patent

Patent holder can enjoy his full rights from date of grant to till term completion (i.e 20
years from the date of first filing date.). Patent holder have right to enjoy his rights, at
the same time patentee can surrender his patent to PTO before term completion
under certain conditions; this is called Surrender or Nullity of patent.

A patent may be surrendered by patentee at any time through an application in

prescribed format, be a total surrender or limited to one or more claims of the patent.
In that situation the Controller will publish the offer in the Official journal.

Few grounds to surrender of patents:

1. Surrender of an entire patent is made by a failure to pay the annuities prescribed

by law which results in the laps of patent.

2. In connection with the business transactions:

• To avoid a declaratory judgment of nullity of the patent
• To eliminate a defense to an action for infringement, wishes to forfeit the patent or
any claim there under, with immediate effect.

3. Reissue of defective patents

The patentee/patent holder can offer to surrender his patent at any time through an
application in prescribed format under section 63 of Indian Patent Act 1970, along
with fees (Four thousand for legal entity; Refer PTO site for updated fees).

Any interested person (including licensee) can give notice of opposition to the
surrender of Patent within 3 months from the date of publication of the notice in the
Official journal. The notice of opposition should be in form 14 with prescribed fee (Six
thousand for legal entity; Refer PTO site for updated fees).
Surrender may be prejudicial to licensee who have made preparation for or engaged
in, in such cases the licensee should have a chance to safeguard his interests by
being notified of the intended surrender & given an opportunity to oppose the
surrender.

An opponent can send written statement describing the opponent's interest and the
facts upon which he is opposing. The opponent can also submit evidences within 3
months from the date of publication of the notice in the Official journal.

The Controller will inform the Patentee on receipt of opposition notice. If the patentee
doesn't respond within two months after he receiving opposition notice, the patent
will be deemed to revoke. If the patentee withdraws the patent after opposition filed,
the controller can decide whether cost should be awarded to the opponent.

The patentee has to respond within two months from the date of opposition receipt
received by him. The patentee has to submit a statement that explains the grounds
upon which the opposition is contested. The opponent has to reply within one month
after receiving the statement of patentee. The opponent can also submit further
evidences to support his case.

After evidence presentation or recommendation of Opposition board, the controller

will fix time and date for hearing the opposition. If neither patentee nor opponent
desires to hear the opposition the controller will decide the opposition and will
publish his decision. If Patentee or opponent desires to hear, they should give notice
to the controller within ten days along with the fee.

Either Patentee or opponent intends to rely on any publication at the hearing, not
already submitted, can give to the other party and to the controller not less than five
days notice of his intention, along with the details of the publication.

If the Controller accepts the Patentee's offer to surrender the patent, he directs the
patentee to surrender the patent and revoke the patent. The revocation will be
published in the Official journal.

The decision or direction of the Controller under section 63 is appealable in

Appellate Board

When a patent has been sealed or granted, it is not always the case that the
patent shall stay unhindered by any third party till the life of the patent. The
patent can be challenged by certain people on different grounds, and a method
to cause the same is by filing a revocation petition/ post-grant opposition
proceedings. This article focuses on the revocation proceedings.

As the Patent Act does not presume Patents granted to be valid, rights granted
on such Patents cannot be absolute. Third parties which are required to seek
permission from Patentee for practicing any of the exclusive rights bestowed
upon him are also given a chance to challenge the validity of the Patents. This
challenge can be instituted on own as well as on Patentee asserting infringement
of Patent rights
As per Section 64 of the Patent Act, 1970, the following persons can file the
petition in the High Court:

• any person interested

• the Central Government
• the person making the counter-claim in a suit for the infringement
of a patent

Thus, a revocation petition can be filed in the Intellectual Property Appellate

Board by the interested person or the Central Government, or it can be filed as a
counter-claim in a suit for infringement at the High Court.
To bring in the aspect about jurisdiction of suits of infringement and the
corresponding revocation petitions, Section 104 of the Patents Act, 1970 states
that no suit of infringement can be brought before a court inferior to the District
Court having jurisdiction to try the suit and in the event of a counter-claim for
revocation of the patent made by the defendant, such suit for infringement and
the said counter-claim must be transferred to the High Court.

Grounds for Revocation of Patent

Under Section 64, the following are the said grounds:

1. the invention, so far as claimed in any claim of the complete specification, was
claimed in a valid claim of earlier priority date contained in the complete
specification of another patent granted in India;
2. the patent was granted on the application of a person not entitled to apply
therefor;
3. the patent was obtained wrongfully in contravention of the rights or the petitioner
or any person under or through whom he claims;
4. the subject of any claim of the complete specification is not an invention;
5. the invention so far as claimed in any claim of the complete specification is not
new, having regard to what was publicly known to publicly used in India before
 the priority date of the claim or to what was published in India or elsewhere in any
of the documents referred to in Section 13;
6. the invention so far as claimed in any claim of the complete specification is
obvious or does not involve any inventive step, having regard to what was
publicly known or publicly used in India or what was published in India or
elsewhere before the priority date of the claim;
7. the invention, so far as claimed in any claim of the complete specification, is not
useful;
8. the complete specification does not sufficiently and fairly describe the invention
and the method by which it is to be performed, that is to say, that the description
of the method or the instructions for the working of the invention as contained in
the complete specification are not by themselves sufficient to enable a person in
India possessing average skill in, and average knowledge of the art to which the
invention relates, to work the invention, or that it does not disclose the best
method of performing it which was known to the applicant for the patent and for
which he was entitled to claim protection;
9. that the scope of any claim of the complete specification is not sufficiently and
clearly defined or that any claim of the complete specification is not fairly based
on the matter disclosed in the specification;
10. that the patent was obtained on a false suggestion or representation;
11. that the subject of any claim of the complete specification is not patentable under
this Act;
12. that the invention so far as claimed in any claim of the complete specification was
secretly used in India, otherwise than as mentioned in sub-section (3), before the
priority date of the claim;
13. that the applicant for the patent has failed to disclose to the Controller the
information required by section 8 or has furnished information which in any
material particular was false to his knowledge;
14. that the applicant contravened any direction for secrecy passed under section 35
15. that leave to amend the complete specification under section 57 or section 58
was obtained by fraud.
16. that the complete specification does not disclose or wrongly mentions the source
or geographical origin of biological material used for the invention;
17. that the invention so far as claimed in any claim of the complete specification was
anticipated having regard to the knowledge, oral or otherwise, available within
any local or indigenous community in India or elsewhere.

Patent Agent

Who is regarded as patent agent India?

A patent agent is an individual who is registered for practicing before an Indian
Patent Office. To become one, one has to qualify Indian Patent Agent Exam that is
held each year.
Who conducts this examination?
Patent agent India Examination is held by the Indian Patent Office once each year.
This examination is conducted at Mumbai, Delhi, Nagpur, Chennai and Kolkata. The
applicant is to select a center of his convenience.
Eligibility criteria to become patent agent India

Eligibility criteria are as follows:

• Applicants need to be an Indian citizen and is to complete 21 years of age at
exam time.
• All technology and science graduates (M.Tech, B.Tech, M.Sc. and B.Sc,) from
any established university under Indian law or other specified equivalent
qualification under central government is eligible for appearing the exam.
• The final year candidates also are eligible on producing the mark sheets, final
degree, etc., within two months from Patent Agent exam declaration result
which they are appearing for.
Is law degree necessary to become a patent agent ?
For becoming patent agent, the individual is not required to become a lawyer. By qualifying this
examination is enough for practicing as patent agent.

What is the number of times that an individual can appear for the patent agent
examination?
Indian Patent Office has not specified till date the maximum number of attempts to qualify this exam, which
means one can appear as many times until he qualifies.

Syllabus for IPA examination

Even though there is no prescribed syllabus format as prescribed by Indian patent office, one has to
become thorough with procedures and practice of patent office. One should get hold of the latest and well
researched study materials and be competent and well versed for clearing Patent Agent Exam.

Can registered patent agent practice outside the country?

No. the certification is valid only for Indian citizens. It is recognized only by Indian patent office. Hence, any
individual desiring to practice outside the country like Europe or the US, needs to qualify patent agent exam
of respective countries.

How to avail exam form?

As the exam gets announced by Patent Office, forms could be filled on the web through official website or
could be downloaded, filled up and sent to the specified postal address.

RESTORATION OF LAPSED PATENTS

The Patents Act provides certain safeguards for restoring a lapsed patent.
Accordingly a patent that is ceased to have effect because of failure to pay the
prescribed fees within the prescribed period under Section 53 of the Act or within
such period, allowed under Section 142 of the Act.

The patentee of his legal representative, may, make an application in the prescribed
manner for the restoration of the lapsed patent. In the case where the patent was
held by two or more persons jointly then with the leave of the Controller one or more
of them without joining others may submit the application for restoration within
eighteen months from the date on which the patent is ceased to have effect.

Though the renewal fees can be paid by any person, the application for the
restoration of a lapsed patent, the application has to be made by the patentee or his
legal representative.
If the patentee fails to pay the renewal fee within the prescribed period and also
within the extendable period of six months by requesting extension of time, the
patent ceases to have effect or lapses from the date of expiration. Patent lapsed,
due to non-payment of renewal/maintenance fee can be restored within eighteen
months from the date of lapse.

Within one year of an application for restoration of patent that lapsed should be
made. If an overdue annuity is not paid within the extension period, the one year
period for seeking restoration commences from the date of recordal.

A patent granted in India lapses when the patentee fails to pay the renewal fee within
the given time. The patentee can file an application to restore the lapsed patent
within 18 months from the date of lapse/cessation.

The application to restore the patent needs be accompanied by a statement

describing the circumstances which lead to the failure of non-payment of the renewal
fees and additional fees along with proof that the delay was not intentional. Upon
being satisfied on the grounds on which the renewal fees were not paid, the
Controller of patents may allow the application for restoration and order publication
of the restoration of the patent in the official patent journal which will be open to
public for oppositions for a period of two months from the date of publication of the
patent journal. If the Controller of patent refuses to allow the restoration of patent,
the patentee may request the Controller for an opportunity of being heard through a
personal hearing.

In the event of an opposition being filed against the restoration of the said patent the
Controller will notify the patentee of the same and provide the patentee an
opportunity of being heard before passing an order. In the absence of opposition, the
patent is ordered to be restored and the renewal fees including the additional fees
must be paid within one month from the date of such order of the Controller. The
decision of the Controller allowing the restoration will be published in the patents
journal.Restoration of a lapsed patent involves several decisions at the discretion of
the Controller and the patentees should be cautious about patent renewal deadlines.

POWERS OF CONTROLLER GENERAL OF

PATENTS
The Controller of Patents is the principal officer responsible for administering the
patent system in India. The Controller is the overall supervisor of the four Indian
Patent Offices in Chennai, Delhi, Mumbai and Kolkata.

The powers of the Controller includes the power:

1. to receive, acknowledge, accept, publish and examine a patent application, claim,

description and specification, to make search and investigate for anticipation by
previous publication and by prior claim to consider the report of the examiners;

2.to refuse application or require amended application, in certain cases to make

orders respecting division of application;
3.to make orders respecting dating of applications; to make orders regarding
substitution of applicants;

4. to issue written permit to a person resident in India to make an application outside

India for the grant of a patent for an invention; to grant patent to name a few.

1.THE GENERAL POWERS OF CONTROLLER

The powers of the controller are generally enumerated in Section 77 of the Patents
Act, 1970. He shall have certain exercising powers of a Civil Court under the CPC,
1908 while trying a civil suit. These include

*summoning of witnesses and enforcing the attendance of witnesses;

* Receiving evidence on affidavits;

* Issuing commissions for the examination of witnesses of documents;

* Awarding costs; etc

.This also includes power to Review his own decisions on application made within
the prescribed time and in the prescribed manner and setting aside an order passed
ex-parte on application made within the prescribed time and in the prescribed
manner; sub section 2 also makes it clear that orders passed by the Controller shall
be executable as a decree of a Civil Court.

2. Other Powers

Power of the Controller of Patents includes

• Power to remedy a clerical error committed during prosecution.

• Power to issue compulsory licenses, power to adjourn applications for
compulsory licenses, power to strike out any stay proceedings.
• Power to call information from patentees.
• Power to revoke surrendered patents.
• Power of controller to give directions to coowners of patents.
• Power of controller to refuse or ask for amended applications etc.
• Power to grant Patent & revoke Patent.
• Power to accept surrender of patents.

Rights & obligations of a Patentee

1. Right to use, right to sell, right to hire , right to grant licence, right to assign the
patent , right against infringrmrnt , right to surrender patent , right to get
restored lapsed patent, etc.
OBLIGATIONS OF PATENTEE
1. Duty to work out the invention & commercially exploit the patent

2. Duty to furnish the documents or information needed by the Controller General.

3. Duty to disclose the invention in a clear and complete manner, and in

particular to indicate at least one mode for carrying out the invention, in
accordance with the requirements, and subject to the sanctions, applicable
under the Act;
 COPY RIGHT—Origin, Definition &Types of Copy Right, Registration procedure,
Assignment & licence, Terms of Copy Right, Infringement, Remedies, Copy rights with
special reference to software.

Copy Right
Copyright is a form of intellectual property protection provided by the laws of the United
States. Copyright protection is available for original works of authorship that are fixed in a
tangible form, whether published or unpublished. The categories of works that can be
protected by copyright laws include paintings, literary works, live performances,
photographs, movies, and software.

The dictionary defines copyright as "a person's exclusive right to reproduce, publish,
or sell his or her original work of authorship (as a literary, musical, dramatic, artistic,
or architectural work)."
It's important to understand that copyright law covers the "form of material
expression," not the actual concepts, ideas, techniques, or facts in a particular work.
This is the reason behind why a work must be fixed in a tangible form in order to
receive copyright protection. A couple examples of works being fixed in a tangible
form include stories written on paper and original paintings on canvas.

Copyright comprises a bundle of rights which exists in various types of works including: •
Literary works such as books, pamphlets, magazines • Dramatic works • Music • Artistic
works including photographs • Films • Artistic architectural works Copyright is the exclusive
right as defined by the Copyright Act, 1957

A Copyright Owner's Rights

The primary goal of copyright law is to protect the time, effort, and creativity of the
work's creator. As such, the Copyright Act gives the copyright owner certain
exclusive rights, including the right to:
 Reproduce the work
 Prepare "derivative works" (other works based on the original work)
 Distribute copies of the work by sale, lease, or other transfer of ownership
 Perform the work publicly
 Display the work publicly

Works Protected by Copyrights

A copyright gives certain exclusive rights to persons who create original works of
authorship, including literary, dramatic, musical, artistic and certain other intellectual
works. This protection is available to both published and unpublished works.
Copyrightable works include the following categories:
 literary works
 musical works, including any accompanying words
 dramatic works, including any accompanying music
 pantomimes and choreographic works
 pictorial, graphic and sculptural works
 motion pictures and other audiovisual works
 sound recordings
 architectural plans, drawings and actual buildings
These categories should be viewed broadly. For example, the code used to create
computer programs may be registered as a "literary work." Maps and architectural
plans may be registered as "pictorial, graphic and sculptural works." A dance could
be registered as both a choreographic work (if written down or otherwise recorded)
and as an audiovisual work (if filmed).

To be protected by copyright, the work must be more than an idea. It must be fixed in
a "tangible form of expression." This means the work must be written or otherwise
recorded. This is because a copyright does not protect an idea or plan: it protects
the expression of that idea or plan.
In addition, copyrightable work must be original. It must not be copied from someone
else and must contain a minimal level of creativity on the part of the author. Facts,
well-known phrases and lists of names or ingredients, in and of themselves, are not
copyrightable. However, if these items are organized or expressed in an original
manner, then a copyright would protect that organization or expression, although not
the actual facts or lists contained. In other words, copyright protection extends only
to an author's original, creative contribution to a work.

Ownership of Copy Right

Usually, the first owner of copyright in a work is its author. The ‘author’ is: • in relation
to literary or dramatic work, the author of the work • in relation to a musical work, the
composer • in relation to an artistic work other than a photograph, the artist • in
relation to a photograph, the photographer • in relation to a film, the owner of the film
at the time of its completion and • in relation to a record, the owner of the original
plate from which the record is made, at the time of the making of the plate. Since this
is the law, this general rule is obviously subject to a number of exceptions. For
example: • The person who commissions a photograph is usually the first owner of
the copyright in the photo if he has paid for it to be taken. • An employer is usually
the first owner of the copyright in works which his employees make in the course of
their employment under a contract of service or apprenticeship. • Subject to contract,
the Government is the first owner of the copyright in a government work.
Assignment & Licence of Copy Right
The copyright in any work can be assigned. This can be done: • either wholly or
partially • either generally or subject to limitations • either for the whole term of the
copyright or any part of the term An assignment or licence must: • be in writing • be
signed by the assignor / licensor or by his duly authorised agent • identify the works
assigned / licensed and specify the rights assigned / licensed • specify the duration
and territorial extent of the assignment/ licence • specify the amount of royalty
payable, if any, to the author or his legal heirs An assignment may be revised,
extended or ended by the parties on terms they agree to. If the assignee or licensee
does not make use of the rights assigned or licensed, as the case may be, within
one year of the assignment or licence, the agreement automatically lapses.

Copyright Infringement in India

Copyright laws provide certain exclusive rights to the copyright holder, such
as the right to reproduce, distribute, display or perform the protected work, or
to make derivative works. Use of such copyright protected work without the
permission of the copyright owner is copyright infringement. In this article, we
look at copyright infringement in India.

Common Types of Copyright Infringement

The following are some of the most common types of copyright infringement:

• Making copies of copyrighted works for sale or hire or letting them for hire.
• Permitting performance of copyright infringed works at any place for
performance of works.
• Distributing copyright infringing works.
• Public exhibition of copyright infringing works.
• Importing copyright infringing works into India.

If any of the activity is performed by a person or business, then they are liable
for prosecution under copyright laws in India.

Remedy for Copyright Infringement in India

Copyright owners can take legal action against any person or entity that
infringes on the copyright of a work. The copyright owner can file a civil
remedies case in a court having jurisdiction and is entitled to remedies by way
of injunctions, damages and accounts. Further, no court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class can try any
offence under the Copyright Act.
. Civil remedies for infringement of copyright. - (1) 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, damages, accounts and otherwise as are or may be conferred by
law for the infringement of a right : Provided that if the defendant proves that
at the date of the infringement he was not aware and had no reasonable
ground for believing that copyright subsisted in the work, the plaintiff shall not
be entitled to any remedy other than an injunction in respect of the
infringement and a decree for the whole or part of the profits made by the
defendant by the sale of the infringing copies as the court may in the
circumstances deem reasonable. (2) Where, in the case of a literary, dramatic,
musical or artistic work, a name purporting to be that of the author or the
publisher, as the case may be, appears on copies of the work as published, or,
in the case of an artistic work, appeared on the work when it was made, the
person whose name so appears or appeared shall, in any proceeding in
respect of infringement of copyright in such work, be presumed, unless the
contrary is proved, to be the author or the publisher of the work, as the case
may be. (3) The costs of all parties in any proceedings in respect of the
infringement of copyright shall be in the discretion of the court.

Criminal Prosecution for Copyright Infringement

If any person knowingly infringes or abets the infringement of the copyright in
any work, then such an offence is a criminal offence under Copyright Act. In
case of criminal copyright infringement, the minimum punishment for
infringement of copyright is imprisonment for six months with the minimum
fine of Rs. 50,000/-. In the case of a second and subsequent conviction the
minimum punishment is imprisonment for one year and fine of Rs. 1,00,000/-.

Copyright Infringement a Cognizable Offence

Cognisable offence means a police officer has the authority to make an arrest
without a warrant and to start an investigation with or without the permission
of a court. Copyright infringement is a cognizable offence and any police
officer, not below the rank of a sub inspector, can seize without warrant, all
copies of the work and all plates used for the purpose of making infringing
copies of the work.
Burden of Proof is on prosecution.
Section. 65 to 70 of the Act deals with the offences, relating to infringement of
Copyright. The Copyright (Amendment ) Act, 1996 enhanced the punishment and
provides with imprisonment which may be extended for a minimum period of 6
months to maximum of 3 yrs. And with fine which not be less than Rupees 50,000/-.
The court has discretion to reduce the imprisonment and fine as well, in special
cases. For 2nd and subsequent convictions the minimum term of imprisonment is
enhanced to 1 yr. and minimum fine to Rupees 1 lac.

Computer Program
Any person who knowingly makes use on a computer of an infringing copy of a
computer program will be punishable with imprisonment for a term which will not be
less than 7 days, but which may extend to 3 yrs. And with fine which will not be less
than Rupees. 50,000/-, but which may extend to 2 lacs of Rupees.

Proceedings in matters of Infringement

The Act provides not only Civil but also Criminal remedies, in case of infringement of
Copyright, against the infringer. The two remedies are distinct and independent and
can be availed of simultaneously.

But in Cheran P. Joseph Vs. K. Prabhakarn Nair AIR 1967 Kar, 234. held that, a
criminal court may not give a finding on the question of infringement if the same
issue is pending for the decision in a civil suit.

However, a criminal proceeding does not enable the owner to get an injunction i.e. if
a convict infringer repeats the infringement the owner will have to initiate a fresh
proceedings. So, in such cases it is advisable to initiate Criminal as well as Civil
proceeding simultaneously, if the stakes are very high.
In the matters of criminal proceedings the knowledge or mens rea is essential.

Breach of Copyright Vs Theft

If anyone stoles some copyrighted work to copy, then he is liable for infringement of
Copyright and not of theft.

Seizing Power
Police officer of the rank of sub- inspector and above has been given the power to
seize without warrant, if he satisfied that an infringement or an abetment of,
infringement of Copyright in any work has been or likely to be, committed, all
infringing copies or plates of the work, wherever found, to be produced before a
Magistrate [ Section 64(1) ], as soon as practicable. Even such copies found at the
place of retailer may also be seized. Private individuals who might be possessing
infringing copies for their private and domestic use, is not covered by the definition of
the infringement u/ Sec. 51. Further this provision applies only to infringement of
Copyright and not to broadcasting reproduction rights u/Sec. 37 and the performer's
right u/ Sec. 38.

Any person having an interest in any copies of the work or plates so seized may
within 15 days of such seizure, make an application to the Magistrate for the return
of such copies or the plates to him.
Disposal of Infringing Copies or Plates (Sec.66)
The court trying the offence may order that all the copies of the work which appears
to be infringing copies or plates, for the purpose of making infringing copies in
possession of alleged offender, be delivered up to the owner of the Copyright without
any further proceedings, whether the accused is convicted or not.

Jurisdiction (Sec. 70)

No court inferior to that of Presidency Magistrate or a Magistrate of First Class can
try an offence under the Act.
An offence can be tried in a court within whose territorial jurisdiction the offence is
committed. If the copies are circulated at many places, the offence is committed at
every place, where the copies are intended to reach and has in fact reached.

Who Can File Complaint?

Generally speaking anyone can file unless there is a specific provision to the
contrary under Sec. 4(2) & 190 of Cr.PC, a Magistrate will be competent to take
cognizance of any offence specified in Sec. 190 upon receiving a complaint of facts
which constitutes such offence irrespective of the qualifications or eligibilities of the
complainant to file a complaint unless contrary provision is made in any Statute.

Procedure after filing of FIR in case of infringement under Copyright Act

1. The investigation of a cognizable offence (as in the case of copyright
infringement ) begins when a police officer in charge of a Police Station has
reason to suspect the commission of the offence under the Copyright Act,
after registering of FIR under Sec. 154 of CrPC. In such cases it is possible hat
the suspicion may be based on any other information of the police (Sec.
157(1)).

2. When a reasonable suspicion of the commission of infringement of

Copyright exists, the SHO, must immediately send a report of the
circumstances creating the suspicion to a Magistrate having power to take
cognizance of such an offence on a police report (Sec. 157(1)).

3. The SHO shall then proceed in person, or shall depute his sub-
ordinate officer ( not lower the rank of Sub-Inspector) to proceed to
the spot, to investigate the facts and circumstances of the case, and
to take measures for the discovery and seizure.
 Copyright Registration Procedure
The procedure for registration is as follows:

1. Application for registration is to be made on as prescribed in the first

schedule to the Rules;
2. Separate applications should be made for registration of each work;
3. Each application should be accompanied by the requisite fee prescribed
in the second schedule to the Rules ; and
4. The applications should be signed by the applicant or the advocate in
whose favor a Vakalatnama or Power of Attorney has been executed.
The Power of Attorney signed by the party and accepted by the
advocate should also be enclosed.

Time for Processing Application

After you file your application and receive diary number you have to wait for a
mandatory period of 30 days so that no objection is filed in the Copyright
office against your claim that particular work is created by you.

Scope and Extent of Copyright Registration

Both published and unpublished works can be registered. Copyright in works
published before 21st January, 1958, i.e., before the Copyright Act, 1957 came
in force, can also be registered, provided the works still enjoy copyright. Three
copies of published work may be sent along with the application.

If the work to be registered is unpublished, a copy of the manuscript has to be

sent along with the application for affixing the stamp of the Copyright Office in
proof of the work having been registered. In case two copies of the manuscript
are sent, one copy of the same duly stamped will be returned, while the other
will be retained, as far as possible, in the Copyright Office for record and will
be kept confidential. It would also be open to the applicant to send only
extracts from the unpublished work instead of the whole manuscript and ask
for the return of the extracts after being stamped with the seal of the Copyright
Office. When a work has been registered as unpublished and subsequently it
is published, the applicant may apply for changes in particulars entered in the
Register of Copyright in Form V with prescribed fee.

All kinds of literary and artistic works can be copyrighted, you can also file a
copyright application for your website or other computer program. Computer
Software or programme can be registered as a ‘literary work’. As per Section 2
(o) of the Copyright Act, 1957 “literary work” includes computer programmes,
tables and compilations, including computer databases. ‘Source Code’ has
also to be supplied along with the application for registration of copyright for
software products. Copyright protection prevents undue proliferation of
private products or works, and ensures the individual owner retains significant
rights over his creation.

Computer Program- A Literary Work

Section 2 (o) defines 'literary work' and includes computer programs, tables and
compilations including computer databases. Section 13 provides the categories of
work in which the copyright subsists which includes original literary work. The author
of a work is the first owner of copyright in the work. However in case of employer-
employee if a work is made in course of employment under a contract of service or
apprenticeship, the employer shall be the first owner of the copyright in the above of
any contract to the contrary4. These provisions of the copyright law are applicable
mutatis mutandis to computer software/ programmes as well.

Software Contracts
Software contracts, like many other transactions, are governed by the common law
principal as embodied in the Indian Contract Act5. Contract can be in the nature of
sale or assignment/ license. If the computer software is considered as a 'good', the
Sale of Goods Act, 1930 will have relevance in the formation and execution of the
sale contract. Section 2(7) of the Sale of Goods Act, 1930 defines 'good' as 'every
kind of movable property other than actionable claims and money, and includes
stock and shares, growing, crops grass...' This definition of goods includes all types
of movable properties, whether tangible or intangible.

In Tata Consultancy Services v. State of Andhra Pradesh6, the Supreme Court

considered computer software is intellectual property, whether it is conveyed in
diskettes, floppy, magnetic tapes or CD ROMs, whether canned (Shrink-wrapped) or
uncanned (customized), whether it comes as part of computer or independently ,
whether it is branded or unbranded, tangible or intangible; is a commodity capable of
being transmitted, transferred, delivered, stored , processed , etc. and therefore as a
'good' liable to sale tax. The court stated that, 'it would become goods provided it has
the attributes thereof having regards to (a) its ability; (b) capable of being bought and
sold; and (c) capable of being transmitted, transferred, delivered, stored and
possessed. If a software whether customized or noncustomized satisfies these
attributes, the same would be goods.'

Infringement of Copy right and Legal Remedies for the Computer software

Section 51 defines infringement of copyright and states that a person infringes

copyright of another if he unauthorizedly commits any act which only the copyright
folder has exclusive rights to do. Civil remedies to copyright infringement s are
provided in chapter XII of Copyright Act, 1957 granting injunction and damages for
copyright infringement and criminal liability provisions are provided in chapter XII of
Copyright Act, 1957 wherein abetment of infringement is also unlawful and
punishable with imprisonment of upto three years and a fine up to Rs. 2 Lacs7. A
person who knowingly uses the infringing copies of Computer software commits a
criminal offence punishable with imprisonment for not for not less than seven days
extendable up to three years and a fine not less than Rs. 50,000/- which may extend
to Rs. 2 Lacs.

Section 62 of the Copyright Act, 1957 entitles a Plaintiff to file for a suit for injunction
against infringements within District Court of the jurisdiction where Plaintiff resides or
carries on business or works for gain. Infact, of late Indian Courts have accepted
petitions against unknown Defendants or persons identifiable through their IP
Addresses in internet law related litigation. Popularly known as John Doe order in the
US Courts, India had adopted the principal of accepting petitions against unknown
persons in defamation cases or Intellectual property infringements including cases
relating to software piracy. This is a positive legal enforcement strategy adopted by
Indian Courts to resolve internet related litigation where defendants cannot be
identified at stage of filing of the position.

Copyright Board
The Copyright Board, a quasi-judicial body, was constituted in September 1958. The
jurisdiction of the Copyright Board extends to the whole of India.

The copyright board is a body constituted by the central govt. to discharge certain
judicial function under the Act. [1]

The Board is entrusted with the task of

1 .adjudication of disputes pertaining to copyright registration,

2. assignment of copyright, grant of Licenses in respect of works withheld from

public, unpublished Indian works, production and publication of translations and
works for certain specified purposes.

3.It also hears cases in other miscellaneous matters instituted before it under the
Copyright Act, 1957

COMPOSITION
It consists of a chairman and not more than fourteen other members.

[2] The Chairman and the members shall hold their office for five years. They may be
reappointed on the expiry of the tenure.

[3] The chairman of the copyright board must be a person who is or has been judge
of a High Court or is qualified for appointment as a judge of a High Court.
[4] There is no qualification mentioned about the members of the Board.

The Registrar of Copyright also plays a very important role. The Registrar of the
copyright board will perform all secretarial functions of the copyright board.

[5] The Registrar of the Copyright is the authority under Section 9 of the Act who is
the officer of the Copyright Office. The Registrar of Copyright has powers of the civil
court. [6] And every order made by the registrar of payment of money is deemed as
a decree of a civil court and is executed as decree of such court. [7]

Powers of Copyright Board

The Registrar of Copyright and the Copyright Board have the powers of a civil court
in respect of the following matters: [9]

(a) Summoning & enforcing the attendance of any person and examining him on
oath (this jurisdiction extends to the whole of India); [10]

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavit;

(d) Issuing commission for the examination of witnesses and document;

(e) Requisitioning any public record or copy thereof from any court or office;

(f) Any other matter which may be prescribed.

Functions of Copyright Board

The first and foremost function of the copyright board is to look after whether the
provisions of the Act are followed without any violation or infringement and to
adjudicate certain cases pertaining to copyrights.

Other than this, the copyright board has been provided direct jurisdiction in relation
to matters:

(1) To decide the issue of publication and its date in order to determine the term of
copyright [11]

(2) To decide the term of copyright which shorter in any other country than that
provided in respect of that work under the Act [12] (The decision of the Copyright
board on the above question will be final)

(3) To settle disputes related to assignment of copyright [13]

(4) To grant compulsory licenses for Indian work [14]

(5) To grant compulsory licenses to publish the unpublished work [15]

(6) To grant compulsory licenses to produce and publish translation of literary and
dramatic works [16]

(7) To grant compulsory licenses to reproduce and publish certain categories of

literary, scientific or artistic works for certain purposes [17]

(8) To rectify the Register of copyrights on the application of registrar of copyrights

or any aggrieved persons [18]
 TRADEMARK
Trade Mark is a visual symbol or sign in the form of word ,a device or a label and means of
identification which enables the traders to distinguish their goods & services from similar
goods & services of others

Sign may also consist of one or more distinctive wprds, letters, numbers, drawings pr
pictures, emblems, colours or combination of colours or presentation of containers or
packages for the product.

Trade mark must be a mark which includes a device, brand, heading, label, ticket, name,
signature, word, letter, numeral, shape of goods, packaging or combination of colours or
combination thereof [S. 2(1)(m)]
(2) The mark must be capable of being represented graphically
(3) It must be capable of distinguishing the goods or services of one person from those of
others.
(4) It may include shape of goods, their packaging and combination of colours.
(5) It must be used or proposed to be used in relation to goods or services.
(6) The use must be for the purpose of indicating a connection in the course of trade between
the goods or services and some persons having the right as proprietor to use the mark.
(7) The right to proprietorship of a trade mark may be acquired by registration under the Act
or by use in relation to particular goods or services.
(8) The right of proprietorship acquired by registration is a statutory right which requires no
actual user but only an intention to use the mark. On the other hand the right acquired by
actual user in relation to particular goods or services, is a common law right which is attached
to the goodwill of the business concerned.
A registered trade mark can be protected against unauthorized use by others by an action for
infringement. This is a statutory remedy. An unregistered trade mark can be protected against
unauthorized use by others by an auction for passing off which is a common law remedy.

Trade Mark is also a logo or a brand name

Logo--- Graphic representation of the organisation , it gives identity of the Company

Brand—Gives identity of the product , it gives reliability , trustworthiness to buy the product.

Esssentials of a Good Trade Mark.[Apart from Distinctiveness]

1.It should be short.

2. Appeal to eye as well as ear.

3. It should satisy the requirement of Registration.

4.Should not fall with in Prohibited Marks of Registration.

5.Not descriptive but suggestive of quality.

6.Easy to recognise & remember.

7. Easy to pronounce.

8. Easy to spell correctly write legibly.

9. device to be caable of being Distinguished in a single word.

FUNCTIONS OF TRADE MARK.

1.identifies the product & its origin.

2.guarantees its unchanged quality.

3.advertises the product.

4. creates an image for the product.

HISTORY OF TRADE MARK IN INDIA.

In British India, Trade Mark Act 1940 was introduced to provide a machinery for
Registration & statutory protection of trade marks.After Independence, govt, of India
replaced Trade Marks Act, 1940 by the Trade & Merchandise Act, 1958 . it deals with
registration & protection of Trade Marks & criminal Offences relating to Trade Marks, then
the Trade & Merchandise Act, 1959.

The Trade Mark s Act,1999 replaced the 1958 Act to bring Trade Mark Law on par with
practices based on TRIPs Agreement . According to Trade Marks Act 1999, the central Govt.
Made Trade marks rule 2002 & enacted Trade marks [Amendment ] Act, 2010.

At present we have Comprehensive Trade Mark Law in India on par with theInternational
Trade Marks Law.

Classification of Goods & Services.

Locarno Classification
1. According to international classification of goods & services.
2. Class with in which any goods/ services falls.
3. Alphabetical index of classification.
4. In a prescribed manner.

REFUSAL OF REGISTRATION OF TRADE MARK

1. No distinctive character to distinguish goods/ services of one person from those of
another person.
2. Before date of application , if it has acquire a distinctive character.
3. Prior use.
4. Well known Trade Mark.
5. If it causes confusion or deceive public.
6. Likely to hurt religious faith & belief.
7. Scandalous/ obsence marks
8. Prohibited under Emblems & names [Prevention of improper use Act, 1950].
9. Connecting to any living persons or persons recently dead.

PROCEDURE FOR REGISTRATION[S.18 to 26].

1.Filing of application.

a. any person claiming to be the proprietor.

b. apply in writing to registrar.

c. application to be filed in the office of Trade Mark Registry within territorial limits.

d. single application to be filed for registration of Trade Mark for different classes of goods/
services.

2. Scrutiny.

Search made regarding identical trade mark & examine whether application complies with
all the Requirements of Trademarks Act & Trade Marks Rules.

3. Accept/refusal.

After search , Registrar may refuse / accept subject to any amendments/modifications , he

may think fit.

If refused to record in writing , grounds for refusal.

4.Advertisement of Application

The Registrar shall advertise the application in the prescribed manner. If any correction is
permitted. The Registrar may re-advertise it.

5. Opposition to Registration.
Any person within 4 months from the date of advertisement or re-advertisement of an
application give notice in writing in the prescribed manner & pay the prescribed fee,to the
Registrar, of the opposition to the Registration.
The Registrar shall serve a copy of notice to ther applicant .the applicant shall file a
counter statement within 2 months to the Registrar . if not answered by Applicant , the
application shall be abandoned . if applicant sends it, the registrar shall serve a copy on
the person giving notice opposition.Evidence from both opponent & applicant to be
submitted in a prescribed manner & prescribed time to the Registrar.
 The Registrar shall give an opportunity of being heard to both the Parties . After
hearing, may decide whether opposition to be treated or application is abandoned.

6.Correction & Amendment

The Registrar may permit the correction of any error or permit any amendment
[alteration/changes] of the application , at any time before/ after acceptance of the application
for registration.

7.Registration.

After satisfying all the requirements , the Registrar may register the said trade mark within 18
months of the filing of the application.The Trademark will be registered.

The Registrar may treat the apllicaton for Registration abandoned, where registration is not
completed within 12 months from the date of application.

8.Term/Duration

.Duration is 10 yrs , can be renewed from time to time

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM
symbols notifies the public that the company is claiming exclusive ownership of the
trademark and can generally be used by one who has filed a trademark application.
The ® symbol, can be used only once the trademark is registered and the registration
certificate is issued. Also, you may use the registration symbol only in connection with
the goods and/or services in respect of which the trademark is registered.

The registration process is the same for both trademarks and servicemarks.

Renewal

The Registrar my renew the registration of trade mark for a period of 10 yrs from the date of
expiration of the original registration or of the last renewal of the registration.

For renewal, the registered proprietor should make an application in the prescribed form &
prescribed fee. The Registrar shall, after 6 months & within 1 year from the expiration of the
last registration of the trademark .

Restoration.

When Trade Mark been removed from the Register for non payment of Prescribed fee. The
Registrar shall, after 6 months & within 1 year from the expiration of the last registration of
the trade mark shall restore the trade mark , when application is filed

Any such removed trademark or service mark from the register of trademarks on the grounds
of non-renewal of the previous registration of the same, can be restored to the register even
after six months, and also within one year from the date of the expiration of its last
registration. Our trademark lawyers offer services for punctual renewal of trademarks,
renewal within six months from the date of expiration of its previous registration, and
restoration of the trademarks removed from the register.

PASSING OFF
Passing off is a common law tort, which can be used to enforce unregistered trademark
rights. The law of passing off prevents one person from misrepresenting his goods or
services as that of another.

The concept of passing off has undergone changes in the course of time. At first it was
restricted to the representation of one person's goods as those of another. Later it was
extended to business and services. Subsequently it was further extended to professions
and non-trading activities. Today it is applied to many forms of unfair trading and
unfair competition where the activities of one person cause damage or injury to the
goodwill associated with the activities of another person or group of persons.

The basic question in this tort turns upon whether the defendants' conduct is such as to
tend to mislead the public to believe that the defendants' business is the plaintiff's or to
cause confusion between the business activities of the two.

The tort of passing off is sufficiently wide to give relief to charities engaged in trading
type activities.

In British Diabetic Association V Diabetic Society 1, both the parties were charitable
societies. Their names were deceptively similar. The words 'Association' and 'Society'
were too close since they were similar in derivation and meaning and were not wholly
dissimilar in form. Permanent injunction granted.

Elements Of Passing Off

The three fundamental elements of passing off are Reputation, Misrepresentation and
Damage to goodwill. These three elements are also known as the CLASSICAL
TRINITY, as restated by the House of Lords in the case of Reckitt & Colman Ltd V
Borden Inc . It was stated in this case that in a suit for passing off the plaintiff must
establish firstly, goodwill or reputation attached to his goods or services. Secondly he
must prove a misrepresentation by the defendant to the public i.e. leading or likely to
lead the public to believe that the goods and services offered by him are that of the
plaintiff's. Lastly he must demonstrate that he has suffered a loss due to the belief that
the defendant's goods and services are those of the plaintiff's.

Modern Elements of Passing off -. They are as follows: -

1. Misrepresentation
2. Made by a person in the course of trade
3. To prospective customers of his or ultimate consumers of goods or services supplied
by him.
4. Which is calculated to injure the business or goodwill of another trader.
5. Which causes actual damage to a business or goodwill of the trader by whom the
action is brought.
The above concept of passing off can be explained with the help of few case laws: Honda
Motors Co. Ltd V Charanjit Singh & Others

Facts: Plaintiff was using trademark "HONDA" in respect of automobiles and power
equipments. Defendants started using the mark "HONDA" for its pressure cookers.
Plaintiff bought an action against the defendants for passing of the business of the
plaintiff.

Held: It was held that the use of the mark "Honda" by the defendants couldn't be said
to be an honest adoption. Its usage by the defendant is likely to cause confusion in the
minds of the public. The application of the plaintiff was allowed.

Why passing off is necessary ?

The Trademark is providing protection to registered goods and services, but the passing
off action is providing a protection to unregistered goods and services. The most
important point is that the remedy is same in both the cases but the Trademark is
available to only the registered goods and services and passing off is available to
unregistered goods and services. To more knowledge of this context we can summaries
the case of Durga Dutt vs. Navaratna Pharmaceutical[2]; in this case the Supreme
Court is set out the distinction between infringement and passing off. The action for
infringement is a statutory remedy conferred on the registered owner of a registered
Trade mark and has an exclusive right to the use of the trade mark in relation to those
goods. And the passing off is available to the unregistered goods and services.

The second most important point is that the use by the defendant of the trade mark of
the plaintiff is not essential in an action for passing off, but in the case of an action for
infringement this will not applicable.

The third important distinction between these two is that if the essential features of the
trade mark of the plaintiff have been adopted by the defendant, the fact that the get up,
packing and other writing or marks on the goods or on the packets in which he offers
his goods for sale marked differences or indicate clearly a trade origin different from
that of the registered owner of the mark would be immaterial; but in case of passing off
the defendant may escape liability if he can show that the added matter is sufficiently to
distinguish his goods from those of the plaintiff.

In the cases of infringement the burden is always lies to the plaintiff. In the case of S.M.
Dyechem Ltd. v. Cadbury (India) Ltd.[4] In this case an infringement action is
fail where plaintiff cannot prove registration or that its registration extends to
the goods or to all the goods in question or because the registration is invalid
and yet the plaintiff may show that by imitating the mark otherwise, the
defendant has done what is calculated to pass off his goods as those plaintiff.

What the plaintiff must establish in a passing off action?

It is essential for success in a passing off action based on the use of a mark or
get up that the plaintiff should show that the disputed mark or get up has
become by user distinctive of the plaintiff’s goods so that the use in relation to
any goods of the kind dealt in by the plaintiff of that mark or get up will be
understood by the trade and the public as indicating the plaintiff’s goods.

When the passing off arise?

The passing off action is arise when there is misrepresentation, when it is
harm the existence plaintiff’s goodwill, when it is made by a trader in the
course of trade, which is injure the business of another trader and which
cause actual damage to the business or goodwill of the trader by the whom
action is brought.

Trademark Infringement And Remedies

Trademark infringement is a violation of the exclusive rights attaching to a
registered trademark without the authorization of the trademark owner or any
licensees (provided that such authorization was within the scope of the
license). Infringement may occur when the infringer (i.e. the person doing the
infringing act), uses a trademark which is identical or confusingly similar to a
registered trademark owned by another person, in relation to products or
services which are identical or similar to the products or services which the
registration covers. The owner of such registered trademark may commence
legal proceedings against the infringer.

A trademark which is not registered cannot be infringed as such, and the

trademark owner cannot bring infringement proceedings. Instead, the owner
can commence proceedings under the common law for passing off or
misrepresentation, or under legislation which prohibits unfair business
practices. In some jurisdictions, infringement of trade dress may also be
actionable. To establish infringement with regard to a registered trademark, it
is necessary only to establish that the infringing mark is identical or
deceptively similar to the registered mark and no further proof is required.

Trademark infringement is an infringement of exclusive rights attaching to a

trademark without the authorization of the trademark owner or any licensee.
Trademark infringement typically occurs when a person uses a trademark
which may be either a symbol or a design, with resembles to the products
owned by the other party. The trademark owner may begin an officially
permitted proceeding against a party, which infringes its registration. There
are two types of remedies are available to the owner of a trademark for
unauthorized use of its imitation by a third party. These remedies are an action
for passing off in the case of an unregistered trademark and an action for
infringement in case of a registered trademark. An infringement action and an
action for passing off are quite different from each other, an infringement
action is a statutory remedy and an action for passing off is a common law
remedy

In case of infringement / passing off trademark, a criminal complaint can also

be filed. It may be noted that under the Provisions of the Trade Marks Act,
1999, the offences under the Act are Cognizable, meaning there by that police
can register an FIR (First Information Report) and prosecute the offenders
directly.

Civil remedies in Trademark:

# Injunction/ stay against the use of the trademark

# Damages can be claimed
# Accounts and handing over of profits
# Appointment of local commissioner by the court for custody/ sealing of
infringing material / accounts
# Application under order 39 rule 1 & 2 of the CPC for grant of temporary / ad
interim ex-parte injunction

The Courts can grant injunction and direct the custom authorities to withhold
the infringing material / its shipment or prevent its disposal in any other
manner, to protect the interest of the owners of intellectual property rights.
This legal proposition can be enforced with / without involving the concerned
authorities as a party in the suit.

The relief which a court may usually grant in a suit for infringement or passing
off includes permanent and interim injunction, damages or account of profits,
delivery of the infringing goods for destruction and cost of the legal
proceedings.

The order of interim injunction may be passed ex parte or after notice. The
Interim relief's in the suit may also include order for:

(a) Appointment of a local commissioner, which is akin to an “Anton Pillar

Order”, for search, seizure and preservation of infringing goods, account
books and preparation of inventory, etc.

(b) Restraining the infringer from disposing of or dealing with the assets in a
manner which may adversely affect plaintiff’s ability to recover damages,
costs or other pecuniary remedies which may be finally awarded to the
plaintiff.

Offences and penalties under the trade marks Act

(Sections 101 and 102)
Offences and penalties under the trademarks act (Sections 101 and 102)
Sections 101 and 102 of the Act prescribe the nature of the offences. There are certain
criminal offences relating to trademarks, trade description etc., which are punishable with
imprisonment, fine or both.

Falsifying a trade mark to goods or services, falsely applying a trade mark to goods and
services; making or possessing instruments for falsifying trademarks; applying false trade
description to goods applying false indication of country origin; tampering with an indication
of origin already applied to goods; causing any of the above acts; selling goods or possessing
or exposing for sale of goods falsely marked; removing piece goods, cotton yarn and threads
from the factory before stamping thereon certain particulars like length, weight, counts, etc.;
falsely representing a trade mark as registered; improperly describing a place of business as
connected with the Trade Mark office; falsification of entries in the register; are the offences
which are punishable under the Act.

A person making a-registered trade mark or a deceptively similar mark is deemed to

falsify a trade mark if he is doing it without the consent of the proprietor of the trade
mark. Any alteration, addition, effacement of a genuine trade mark also amounts to its
falsification.

A person who, without authorization, applies registered trade mark or a deceptively

similar mark to goods or services or any package containing goods is deemed to falsely
apply the genuine trade mark.

If any person uses any package bearing a mark which is identical with or deceptively
similar to the registered trade mark for the purpose of packing, filling or wrapping any
goods other than the genuine goods of the proprietor of the trade mark he is guilty of
falsely applying the trade mark.

Section 103 of the Act prescribes about falsification of trade mark, that a person is said
to falsify a trade mark if he makes a trade mark without the assent of the proprietor. In
a case of falsification of trade mark it is necessary to prove the existence of a genuine
trade mark, whether registered or unregistered, belonging to some person.

To constitute falsification it is sufficient if the offender makes a mark deceptively

similar to the genuine trade mark, or if he carries out alterations, additions or
effacement in the genuine trade mark, for which the punishment is imprisonment which
may extend from six months to three years and fine which may vary from fifty thousand
to two lakhs.
If any person makes, disposes of, or has in his possession, instruments like die, block,
machine or plate for the purpose of falsifying a trade mark, he is punishable with
imprisonment and fine.

The quantum of punishment will be the same as for the other offences. Punishment may
be avoided if the offender is able to prove that he had acted without intent to defraud.

Section 108 prescribes penalty for improperly describing a place 0f business as

connected with the trade marks office is imprisonment extending to two years or with
fine or with both.
Section 112 prescribes about the exemption from punishment. In committing an offence
apart from the trader who is interested in making profit by the Commission of the
offence, other persons like printers and block makers may be involved who have no
intention to commit the offence but who are employed by the trader to manufacture the
offending labels or other instruments for the commission of the offence.

If such a person is accused of an offence he will be acquitted if he proves that he is a

person who in the ordinary course of his business is employed by other person to apply
trademarks or trade descriptions, or to make dies, blocks or other instruments for
making trademarks; and in particular case he was so employed and was not interested
in the goods or other things by way of profit or commission depending upon the sale of
goods; and that he had taken all reasonable precautions against committing the offences
the offences charged and that he had at the time of commission of the alleged offence no
reason to suspect the genuineness of the trade mark or trade description.

Offence under the Act is committed if a person makes, disposes of, or has in his
possession, any die, block, machine, plate or other instrument for the purpose of
falsifying or of being used for falsifying a trade mark:

(i) Applies any false trade description to goods or services, or

(ii) Applies a false indication of the country or place where the goods were produced or
name and address of the manufacturer, or of the person for whom they are produced.

(iii) Tampers with, alters or effaces an indication of origin which has been applied to
any goods to which it is required to be applied.

The above mentioned offences shall be punishable with imprisonment for a term of
minimum of six months but which may extend to three years and with a minimum fine
of fifty thousand rupees but which may extend to two lakhs rupees.
For adequate and special reasons mentioned in the judgment, the court may impose a
sentence of imprisonment for a term of less than six months or a fine of less than fifty
thousand rupees.

Penalty for selling goods or providing services to which false trade mark or false trade
description is applied is punishable with imprisonment for a minimum term of six
months.

Enhanced penalty can be imposed on second or subsequent conviction. Such offences

shall be punishable with imprisonment for term between one to three years and with
fine between one lakhs rupees to two lakhs rupees.

A person, who represents an unregistered trade mark as a registered trade mark, shall
be punishable with imprisonment for a term which may extend to three years, or with
fine, or with both.

The penalty for falsification of entries in the register is imprisonment for a term, which
may extend to two years, or a fine, or both.

The use of words, which may falsely suggest that a person’s place of business is officially
connected with the trade mark office, attracts imprisonment for a term up to two years
or a fine or both.

If the person committing an offence under this Act is a company, the company as well as
every person in charge of, and responsible to, the company for the conduct of its
business at the time of the commission of the offence shall be deemed to be guilty of the
offence.

A company means any corporate body and includes a firm or other association of
individuals. Abetment of any offence is punishable as if the abettor himself committed
that offence.

Offences relating to trademarks and trade description are not cognizable. They are bail
able but non-compoundable. Investigations into such offences cannot be effectively
carried out without the assistance of the police force.

Thus in making a complaint where the complainant cannot give particulars of the
persons who committed the offence or the dates and places of the commission of offence,
the Magistrate is bound to cause an inquiry to be made by the police, as otherwise the
offences being non-cognizable, the police could not investigate into them without being
authorized by a Magistrate, thereby rendering the complainant helpless.

Certain police officers can in certain circumstances of their own accord make search
and seize without warrant the offending goods and other materials under section 115(4)
from the suspected place.
 Copy Right
Copyright is a form of intellectual property protection provided by the laws of the United
States. Copyright protection is available for original works of authorship that are fixed in a
tangible form, whether published or unpublished. The categories of works that can be
protected by copyright laws include paintings, literary works, live performances,
photographs, movies, and software.

The dictionary defines copyright as "a person's exclusive right to reproduce, publish,
or sell his or her original work of authorship (as a literary, musical, dramatic, artistic,
or architectural work)."
It's important to understand that copyright law covers the "form of material
expression," not the actual concepts, ideas, techniques, or facts in a particular work.
This is the reason behind why a work must be fixed in a tangible form in order to
receive copyright protection. A couple examples of works being fixed in a tangible
form include stories written on paper and original paintings on canvas.

Copyright comprises a bundle of rights which exists in various types of works including: •
Literary works such as books, pamphlets, magazines • Dramatic works • Music • Artistic
works including photographs • Films • Artistic architectural works Copyright is the exclusive
right as defined by the Copyright Act, 1957

A Copyright Owner's Rights

The primary goal of copyright law is to protect the time, effort, and creativity of the
work's creator. As such, the Copyright Act gives the copyright owner certain
exclusive rights, including the right to:
 Reproduce the work
 Prepare "derivative works" (other works based on the original work)
 Distribute copies of the work by sale, lease, or other transfer of ownership
 Perform the work publicly
 Display the work publicly

Works Protected by Copyrights

A copyright gives certain exclusive rights to persons who create original works of
authorship, including literary, dramatic, musical, artistic and certain other intellectual
works. This protection is available to both published and unpublished works.
Copyrightable works include the following categories:
 literary works
 musical works, including any accompanying words
 dramatic works, including any accompanying music
 pantomimes and choreographic works
 pictorial, graphic and sculptural works
 motion pictures and other audiovisual works
 sound recordings
 architectural plans, drawings and actual buildings
These categories should be viewed broadly. For example, the code used to create
computer programs may be registered as a "literary work." Maps and architectural
plans may be registered as "pictorial, graphic and sculptural works." A dance could
be registered as both a choreographic work (if written down or otherwise recorded)
and as an audiovisual work (if filmed).

To be protected by copyright, the work must be more than an idea. It must be fixed in
a "tangible form of expression." This means the work must be written or otherwise
recorded. This is because a copyright does not protect an idea or plan: it protects
the expression of that idea or plan.
In addition, copyrightable work must be original. It must not be copied from someone
else and must contain a minimal level of creativity on the part of the author. Facts,
well-known phrases and lists of names or ingredients, in and of themselves, are not
copyrightable. However, if these items are organized or expressed in an original
manner, then a copyright would protect that organization or expression, although not
the actual facts or lists contained. In other words, copyright protection extends only
to an author's original, creative contribution to a work.

Ownership of Copy Right

Usually, the first owner of copyright in a work is its author. The ‘author’ is: • in relation
to literary or dramatic work, the author of the work • in relation to a musical work, the
composer • in relation to an artistic work other than a photograph, the artist • in
relation to a photograph, the photographer • in relation to a film, the owner of the film
at the time of its completion and • in relation to a record, the owner of the original
plate from which the record is made, at the time of the making of the plate. Since this
is the law, this general rule is obviously subject to a number of exceptions. For
example: • The person who commissions a photograph is usually the first owner of
the copyright in the photo if he has paid for it to be taken. • An employer is usually
the first owner of the copyright in works which his employees make in the course of
their employment under a contract of service or apprenticeship. • Subject to contract,
the Government is the first owner of the copyright in a government work.

Assignment & Licence of Copy Right

The copyright in any work can be assigned. This can be done: • either wholly or
partially • either generally or subject to limitations • either for the whole term of the
copyright or any part of the term An assignment or licence must: • be in writing • be
signed by the assignor / licensor or by his duly authorised agent • identify the works
assigned / licensed and specify the rights assigned / licensed • specify the duration
and territorial extent of the assignment/ licence • specify the amount of royalty
payable, if any, to the author or his legal heirs An assignment may be revised,
extended or ended by the parties on terms they agree to. If the assignee or licensee
does not make use of the rights assigned or licensed, as the case may be, within
one year of the assignment or licence, the agreement automatically lapses.

Copyright Infringement in India

Copyright laws provide certain exclusive rights to the copyright holder, such
as the right to reproduce, distribute, display or perform the protected work, or
to make derivative works. Use of such copyright protected work without the
permission of the copyright owner is copyright infringement. In this article, we
look at copyright infringement in India.

Common Types of Copyright Infringement

The following are some of the most common types of copyright infringement:

• Making copies of copyrighted works for sale or hire or letting them for hire.
• Permitting performance of copyright infringed works at any place for
performance of works.
• Distributing copyright infringing works.
• Public exhibition of copyright infringing works.
• Importing copyright infringing works into India.

If any of the activity is performed by a person or business, then they are liable for
prosecution under copyright laws in India.

Remedy for Copyright Infringement in India

Copyright owners can take legal action against any person or entity that infringes on
the copyright of a work. The copyright owner can file a civil remedies case in a court
having jurisdiction and is entitled to remedies by way of injunctions, damages and
accounts. Further, no court inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class can try any offence under the Copyright Act.

. Civil remedies for infringement of copyright. - (1) 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, damages,
accounts and otherwise as are or may be conferred by law for the infringement of a
right : Provided that if the defendant proves that at the date of the infringement he
was not aware and had no reasonable ground for believing that copyright subsisted
in the work, the plaintiff shall not be entitled to any remedy other than an injunction in
respect of the infringement and a decree for the whole or part of the profits made by
the defendant by the sale of the infringing copies as the court may in the
circumstances deem reasonable. (2) Where, in the case of a literary, dramatic,
musical or artistic work, a name purporting to be that of the author or the publisher,
as the case may be, appears on copies of the work as published, or, in the case of
an artistic work, appeared on the work when it was made, the person whose name
so appears or appeared shall, in any proceeding in respect of infringement of
copyright in such work, be presumed, unless the contrary is proved, to be the author
or the publisher of the work, as the case may be. (3) The costs of all parties in any
proceedings in respect of the infringement of copyright shall be in the discretion of
the court.

Criminal Prosecution for Copyright Infringement

If any person knowingly infringes or abets the infringement of the copyright in any
work, then such an offence is a criminal offence under Copyright Act. In case of
criminal copyright infringement, the minimum punishment for infringement of
copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In
the case of a second and subsequent conviction the minimum punishment is
imprisonment for one year and fine of Rs. 1,00,000/-.

Copyright Infringement a Cognizable Offence

Cognisable offence means a police officer has the authority to make an arrest
without a warrant and to start an investigation with or without the permission
of a court. Copyright infringement is a cognizable offence and any police
officer, not below the rank of a sub inspector, can seize without warrant, all
copies of the work and all plates used for the purpose of making infringing
copies of the work.

Burden of Proof is on prosecution.

Section. 65 to 70 of the Act deals with the offences, relating to infringement
of Copyright. The Copyright (Amendment ) Act, 1996 enhanced the
punishment and provides with imprisonment which may be extended for a
minimum period of 6 months to maximum of 3 yrs. And with fine which not
be less than Rupees 50,000/-. The court has discretion to reduce the
imprisonment and fine as well, in special cases. For 2nd and subsequent
convictions the minimum term of imprisonment is enhanced to 1 yr. and
minimum fine to Rupees 1 lac.

Computer Program
Any person who knowingly makes use on a computer of an infringing copy
of a computer program will be punishable with imprisonment for a term
which will not be less than 7 days, but which may extend to 3 yrs. And with
fine which will not be less than Rupees. 50,000/-, but which may extend to
2 lacs of Rupees.

Proceedings in matters of Infringement

The Act provides not only Civil but also Criminal remedies, in case of
infringement of Copyright, against the infringer. The two remedies are
distinct and independent and can be availed of simultaneously.

But in Cheran P. Joseph Vs. K. Prabhakarn Nair AIR 1967 Kar, 234. held
that, a criminal court may not give a finding on the question of infringement
if the same issue is pending for the decision in a civil suit.

However, a criminal proceeding does not enable the owner to get an

injunction i.e. if a convict infringer repeats the infringement the owner will
have to initiate a fresh proceedings. So, in such cases it is advisable to
initiate Criminal as well as Civil proceeding simultaneously, if the stakes are
very high.
In the matters of criminal proceedings the knowledge or mens rea is
essential.

Breach of Copyright Vs Theft

If anyone stoles some copyrighted work to copy, then he is liable for
infringement of Copyright and not of theft.

Seizing Power
Police officer of the rank of sub- inspector and above has been given the
power to seize without warrant, if he satisfied that an infringement or an
abetment of, infringement of Copyright in any work has been or likely to be,
committed, all infringing copies or plates of the work, wherever found, to be
produced before a Magistrate [ Section 64(1) ], as soon as practicable.
Even such copies found at the place of retailer may also be seized. Private
individuals who might be possessing infringing copies for their private and
domestic use, is not covered by the definition of the infringement u/ Sec.
51. Further this provision applies only to infringement of Copyright and not
to broadcasting reproduction rights u/Sec. 37 and the performer's right u/
Sec. 38.

Any person having an interest in any copies of the work or plates so seized
may within 15 days of such seizure, make an application to the Magistrate
for the return of such copies or the plates to him.

Disposal of Infringing Copies or Plates (Sec.66)

The court trying the offence may order that all the copies of the work which
appears to be infringing copies or plates, for the purpose of making
infringing copies in possession of alleged offender, be delivered up to the
owner of the Copyright without any further proceedings, whether the
accused is convicted or not.

Jurisdiction (Sec. 70)

No court inferior to that of Presidency Magistrate or a Magistrate of First
Class can try an offence under the Act.
An offence can be tried in a court within whose territorial jurisdiction the
offence is committed. If the copies are circulated at many places, the
offence is committed at every place, where the copies are intended to
reach and has in fact reached.

Who Can File Complaint?

Generally speaking anyone can file unless there is a specific provision to
the contrary under Sec. 4(2) & 190 of Cr.PC, a Magistrate will be
competent to take cognizance of any offence specified in Sec. 190 upon
receiving a complaint of facts which constitutes such offence irrespective of
the qualifications or eligibilities of the complainant to file a complaint unless
contrary provision is made in any Statute.

Procedure after filing of FIR in case of infringement under Copyright Act

1. The investigation of a cognizable offence (as in the case of copyright
infringement ) begins when a police officer in charge of a Police
Station has reason to suspect the commission of the offence under
the Copyright Act, after registering of FIR under Sec. 154 of CrPC. In
such cases it is possible hat the suspicion may be based on any
other information of the police (Sec. 157(1)).

2. When a reasonable suspicion of the commission of infringement of

Copyright exists, the SHO, must immediately send a report of the
circumstances creating the suspicion to a Magistrate having power to
take cognizance of such an offence on a police report (Sec. 157(1)).
 3. The SHO shall then proceed in person, or shall depute his sub-
ordinate officer ( not lower the rank of Sub-Inspector) to proceed to
the spot, to investigate the facts and circumstances of the case, and
to take measures for the discovery and seizure.

Copyright Registration Procedure

The procedure for registration is as follows:

Application for registration is to be made on as prescribed in the first schedule

to the Rules;

1. Separate applications should be made for registration of each work;

2. Each application should be accompanied by the requisite fee prescribed in the
second schedule to the Rules ; and
3. The applications should be signed by the applicant or the advocate in whose
favor a Vakalatnama or Power of Attorney has been executed. The Power of
Attorney signed by the party and accepted by the advocate should also be
enclosed.

Time for Processing Application

After you file your application and receive diary number you have to wait for a
mandatory period of 30 days so that no objection is filed in the Copyright office
against your claim that particular work is created by you.

Scope and Extent of Copyright Registration

Both published and unpublished works can be registered. Copyright in works
published before 21st January, 1958, i.e., before the Copyright Act, 1957 came in
force, can also be registered, provided the works still enjoy copyright. Three copies
of published work may be sent along with the application.

If the work to be registered is unpublished, a copy of the manuscript has to be sent

along with the application for affixing the stamp of the Copyright Office in proof of the
work having been registered. In case two copies of the manuscript are sent, one
copy of the same duly stamped will be returned, while the other will be retained, as
far as possible, in the Copyright Office for record and will be kept confidential. It
would also be open to the applicant to send only extracts from the unpublished work
instead of the whole manuscript and ask for the return of the extracts after being
stamped with the seal of the Copyright Office. When a work has been registered as
unpublished and subsequently it is published, the applicant may apply for changes in
particulars entered in the Register of Copyright in Form V with prescribed fee.
All kinds of literary and artistic works can be copyrighted, you can also file a
copyright application for your website or other computer program. Computer
Software or programme can be registered as a ‘literary work’. As per Section 2 (o) of
the Copyright Act, 1957 “literary work” includes computer programmes, tables and
compilations, including computer databases. ‘Source Code’ has also to be supplied
along with the application for registration of copyright for software products.
Copyright protection prevents undue proliferation of private products or works, and
ensures the individual owner retains significant rights over his creatio.
DESIGN- Meaning, Definition, Object, Registration of Design, Cancellation of
Registration, International convention of design- types and functions.
Semiconductor Integrated circuits and layout design Act-2000.

DESIGNS
What does the term 'Design' mean according to the Designs Act, 2000?

"Design" means only the features of shape, configuration, pattern, ornament or composition
of lines or colours applied to any article whether in two dimensional or three dimensional or
in both forms, by any industrial process or means, whether manual, mechanical or chemical,
separate or combined, which in the finished article appeal to and are judged solely by the eye;
but does not include any mode or principle of construction or anything which is in substance
a mere mechanical device.

DESIGNS NOT REGISTRABLE UNDER THE ACT

A design which: -

(a) is not new or original; or

(b) has been disclosed to the public any where in India or in any other country by publication
in tangible form or by use in any other way prior to the filing date, or where applicable, the
priority date of the application for registration; or

(c) is not significantly distinguishable from known designs or combination of known designs;
or

(d) comprises or contains scandalous or obscene matter, shall not be registered.

Object of Registration of Designs

The Designs Act protects new or original designs so created to be applied or applicable to
particular article.The object of design registration, therefore, is to see that the artisan, creator
or originator of a design is not deprived of his bonafide reward by others applying it to their
goods.

Essential requirements for the registration of design under the

Designs Act, 2000
1. The design should be new or original, not previously published or used in any country
before the date of application for registration. The novelty may reside in the application of a
known shape or pattern to new subject matter. However, if the design for which application is
made does not involve any real mental activity for conception, then registration may not be
considered.
 2. The design should relate to features of shape, configuration, pattern or ornamentation
applied to an article. Thus, designs of industrial plans, layouts and installations are not
registrable under the Act.

3. The design should be applied to any article by any industrial process. Normally, designs of
artistic nature like painting, sculptures and the like which are not produced in bulk by any
industrial process are excluded from registration under the Act. Paintings and sculptures are
subject matter of copyright

. 4. The features of the designs in the finished article should appeal to and are judged solely
by the eye. This implies that the design must appear and should be visible on the finished
article, for which it is meant. Thus, any design in the inside arrangement of a box, money
purse or almirah may not be considered for registration, as these are generally put in the
market in the closed state.

5. Any mode or principle of construction or operation or any thing, which, in substance is a

mere mechanical device, would not qualify for registrable design.

6. The design should not include any trade mark or property mark or artistic work. to be
manufactured by industrial process or means.

Register of Designs
The Register of Designs is a document maintained by the Patent Office, Kolkata as a
statutory requirement. It contains the design number, date of filing and reciprocity date (if
any), name and address of proprietor and such other matters as would affect the validity of
proprietorship of the design and it is open for public inspection on payment of prescribed fee
and extract from register may also be obtained on request with the prescribed fee

Requirements For Registration Of Designs

1.Design Must Be Applied To Articles.
A Design is something which is applied to an article and not the article itself. A design
must be incorporated in the article itself as in the case of a shape or configuration which
is three-dimensional, e.g., shape of a bottle or flower vase or the case of design which is
two dimensional, e.g., design on a bed sheet, wallpaper which serves the purpose of
decoration. An article to which the design is to be applied must be something which is to
be delivered to the purchaser as a finished article.

2.Appeal To The Eye.

The design must be capable of being applied to an article in such a way that the article
to which it is applied will appeal to and judged solely by the eye. The particular shape,
configuration, pattern or ornamentation must have a visual appeal. Feature to be
registered must “appeal to the eye” and be “judged by the eye. In Amp v. Utilux,
(1972),it was held that ,

(a) to have eye appeal, the features must be externally visible.

(b) The feature must appeal to the customer’s eye.
(c) The eye appeal need be neither artistic nor aesthetic, provided that some appeal is
created by distinctiveness of shape, pattern, or ornamentation calculated to influence
the consumer’s choice.

3.Novelty Or Originality.
A design can be registered only when it is new or original and not previously published
in India.A design would be registrable if the pattern though already known is applied to
new article. For example, the shape of an apple if applied to school bag would be
registrable.It was held in Pilot Pen Co. v. Gujarat Ind. P. Ltd, that registration could
not be deemed to be effective unless the design, which sought to be protected, was new
and original and not of a pre-existing common type. Also if it comprises or contains
scandalous or obscene matter, shall not be registered under the Act.

4.No Prior Publication

A design can be registered only when it is not previously published in India. In the case
of Wimco Ltd. v. Meena Match Industries, the Court held that publication means the
opposite of being kept secret. The disclosure even to one person is sufficient to constitute
publication. The design cannot be registered under Design Act if it is not significantly
distinguishable from known designs or combination of known designs. To constitute
publication a design must be available to the public and it has been ceased to be a
secret. For e.g.:-the display of a design on a saree in a fashion show is a publication of
that design.

Procedure For Registration

The application under Section 5 shall be accompanied by four copies of representation
of the design and the application shall state the class in which the design is to be
registered. In India, we follow Locarno Classification for registration of design
comprising 32 classes, numbered 1 to 31 and an additional Class 99 to include articles
not falling under the aforesaid 31 classes. Briefly the procedure is as follows:

Submission of application
The proprietor of the design shall submit the application for registration in the patent
office. The application shall be in the prescribed form and shall be accompanied by the
prescribed fees. According to section 5(1), the controller may on application made by
any person claiming to be the proprietor of any new or original design not previously
published in any country and which is not contrary to public order and morality,
register the design under the Act. The application is to be accompanied by the
prescribed fee and in prescribed Form and in prescribed manner. The application shall
state the class in which the design is to be registered.
Acceptance /Refusal
Before registration the Controller shall refer the application to an examiner appointed
under this Act, to determine whether the design is capable of registration under this
Act. The Controller shall consider the report of the examiner and if satisfied that the
design complies with all requirements for registration under this Act shall register it.
The Controller may if he thinks fit refuse to register the design. The aggrieved by such
refusal may appeal to the High Court .The Controller may refuse to register a design,
the use of which would be contrary to public order or morality.

Objection/Removal of Objection/Appeal to Central Government

If on consideration of the application any objections appear to the Controller, a
statement of these objections shall be sent to the applicant or his agent. The applicant
has to remove the objection within one month of communication of the objections to
him failing which the application shall be deemed to have been withdrawn. He may also
apply to the Controller for being heard on the matter. When the Controller refuses the
application after the submission, he may directly appeal to the Central Government
whose decision is final.

Decision of Central Government

The decision of the Central Government on the registrability of the design is final.

Registration of the design

As soon as the design is registered the Controller shall direct the publication of the
particulars of the design and thereafter it becomes open to public inspection. As per
section 10, a book called Register of designs shall be kept in the patent office. The
register shall contain particulars such as the names and addresses of the proprietors of
registered designs, notifications of assignments and other prescribed particulars. On the
completion of the above procedure, the Controller shall grant a certificate of
registration to the proprietor of the design.

DURATION
The term of a registered design is 15 years. Initially the right is granted for a period of 10
years, which can be extended, by another 5 years by making an application and paying a fee
of Rs. 2000/- to the Controller before the expiry of initial 10 years period. The proprietor of
design may make application for such extension as soon as the design is registered

Application for registration of design

The application for registration of design can be filed by the applicant himself or through a
professional person (i.e. patent agent, legal practitioner). However, applicants not residents of
India have to file applications through an agent residing in India.
Cancellation of the registration of a Design & Grounds for
Cancellation of Design
The registration of a design may be cancelled at any time after the registration of design on a
petition for cancellation in Form 8 with a fee of Rs.1500/- to the Controller of Designs on the
following grounds:

1. That the design has been previously registered in India;

2. That it has been published in India or elsewhere prior to the date of registration;

3. That the design is not new or original;

4. That the design is not registrable;

5. That it is not a design under Clause (d) of Section 2.

Semiconductor Integrated circuits Layout- Design

"Semiconductor Integrated circuits Layout- Design Act 2000" is a supplement act to designs.
It fulfills the obligations of TRIPS agreement (Art.35 to 38) regarding the protection of
semiconductor integrated circuits layout- designs.

Definitions

SICLD Act defines the following as:

• "Semiconductor integrated circuit" means a product having transistors or other

circuitry elements, which are inseparably formed on a semiconductor material or an
insulating material or inside the semiconductor material and designed to perform an
electronic circuitry function.
• "Layout-design" means a layout of transistors, and other circuitry elements and
includes lead wires connecting such elements and expressed in any manner in a
semiconductor integrated circuit.
• "Commercial exploitation" in relation to the SICLD means to sell, lease, offer or
exhibit for sale or otherwise distribute such semiconductor integrated circuit for any
commercial purpose.

Exclusive Right to the Registered Proprietor

The registration of the layout design gives to the registered proprietor of the layout design
the exclusive right to the use of the layout design and to obtain relief in respect of
infringement. This right shall be available to the registered proprietor of that layout
design irrespective of the fact as to whether the layout design is incorporated in an article
or not.

Duration of Registration
The registration of the layout design shall be only for the period of 10 years counted from the
date of filing an application for registration or from the date of first commercial exploitation
anywhere in any country, whichever is earlier.

Indian Legislation

• There is protection of semiconductor integrated circuits layout and designs by a

registration process.
• There is a mechanism for distinguishing which layout designs can be protected.
• There are rules to prohibit registration of layout designs which are not original or
which have been commercially exploited.
• Protection of 10 years period is provided to layout designs.
• Provisions regarding infringement and evidence of validity are mentioned.
• There are provisions for determining payment of royalty for registered layout designs
in case of innocent or unintentional infringement.
• Penalties in the form of imprisonment and fine are imposed for willful infringement
and other offences in the Act.
• The Registrar is appointed for the purpose of administration and the Appellate Board
is established for facilitating the legal objective.
CHOOSE THE CORRECT ANSWER: (COPYRIGHT)

1. The first owner of the question paper of an examination is _________.

a. Examiner c. COE
b. Principal d. Paper setter

2. The first owner of the plan of the building is _______.

a. Client c. Architect
b. Labour d. owner of the building

3. The owner of the sound recording is ________.

a. Composer c. director
b. Producer d. artist

4. The term of the copyright in anonymous and pseudonymous is

___________.
a. 60 years c. 5 years
b. 50 years d. 10 years

5. In case of posthumous publication, the term will be for ______ years.

a. 60 years c. 5 years
b. 50 years d. 10 years

6. The Chairman or any other member of the Copyright Board may resign his
office by giving _______ notice in writing to the Central Government.
a. 2 months c. 6 months
b. 3 months d. 1 month

7. _________ shall be the Secretary of the Copyright Board to perform the

function as prescribed.
a. Registrar c. Chairman
b. Vice chairman d. Central Government
8. The copyright board shall be deemed to be a __________.
a. Supreme Court c. Civil Court
b. High Court d. Criminal Court

9. A register to be called the ______________ containing a copy of every

Agreement entered into by copyright society with the owners for the
purpose.
a. Register of Agreement c. register of contract
b. Register of sale deeds d. register of fees

10.If the term of the years of the assignment is not mentioned then it is assigned
for _________ years under the copyright Act.
a. 3 years c. 2 years
b. 5 years d. 6 months

11.If the assignee shall not exercise the right within _______ year, then it shall
be considered as lapsed.
a. 3 years c. 2 years
b. 5 years d. 1 year

12.If the territorial limit is not mentioned in the agreement, then it will be
extended to ____.
a. Whole of India c. whole world
b. Only to particular State d. only to particular District

13.____________ was the first copyright Act in England was passed in 17th
century.
a. Statute of Anne c. Copyright Act-1911
b. Copyright Act-1814 d. Copyright Act-1914

14.In India first Copyright Act was passed in ________.

a. 1914 c. 1709
b. 1911 d.1842
c.
15.Section ______ defines copyright under copyright Act-1957.
a. 15 c. 14
b. 12 d. 3

16.The work of copyright which subsist in literary work is ___________.

a. tables c. computer programmes
b. Novel d. all the above

17.The work of copyright which subsist in musical work is ___________.

a. Music and its graphical notation c. lyrics
b. Songs d. Performance by Actors

18.The work of copyright which subsist in artistic work is ___________.

a. A work of architecture c. sculpture
b. Map d. all the above

19.The first owner of the computer programme is __________.

a. Author c. proprietor
b. Creator d. designer of software

20.The first owner of the cinematograph film is __________.

a. Producer c. actors
b. Composer d. director

21.The first owner of the artist work is _________.

a. Planner c. painter
b. Artist d. architect

22.___________ will be the first owner of the work made on behalf of a public
undertaking.
a. Public undertaking c. organization
b. Private person d. government
23.The moral right is recognized as __________ under section 57 of Copyright
(Amendment) Act-1994.
a. Author special rights c. negative right.
b. Neighboring right d. statutory right

24.The term of the copyright in government work or public undertaking is

__________.
a. 60 years c. 5 years
b. 50 years d. 10 years

25.The people who are entitled to apply for the registration of the copyright are
_________.
a. Author & artist c. assignee and licencee
b. Composer & producer d. all the above

26.A copyright is a kind of ___________ property.

a. Movable property c. personal property.
b. Immovable property d. personal and movable property

27.The copyright will pass on to his personal representative as part of estate if

such person dies___________.
a. Intestate (without making will).
b. Testamentary disposition(through will)
c. Through assignment.
d. By operation of law.

28.The assignment of copyright is valid only when it is in __________ signed

by the assignor or by his agent.
a. Oral c. deeds
b. Writing d. contract
29.When owner of the copyright become ____________the copyright will vest
in official receiver and it will pass to the trustee of the bankrupt estate as
asset for distribution among creditors.
a. Insolvent c. criminal
b. Unsound mind d. bankrupt

30.Compulsory licence for the unpublished shall be granted by the registrar

only when the author is ____________.
a. Dead c. not found
b. Unknown d. all the above

31.When the compulsory licence is granted by the board for the unpublished
word, then the licencee has to deposit the amount fees or royalty in
___________.
a. Copyright office c. RBI.
b. To the government d. public account

32.If any translation of the literary and dramatic work is required for teaching
and research purpose, then any person can apply for licence after________
years.
a. 3 years c. 2 years
b. 5 years d. 1 year

33.Any person interested can apply to the board for a licence to produce and
publish the translation of the literary and dramatic work after a period
of___________ from first publication.
a. 3 years c. 2 years
b. 5 years d. 7 year

34.The copyright society means a society registered under___________.

a. Section -33(3) c. section 33(2)
b. Section 33(1) d. section 33(4)
35.The registration granted to a copyright society shall be for a period of
__________ years
a. 5 years c. 2 years
b. 10 years d. 1 year

36.__________ has the powers to administer the copyright society.

a. Administrator c. registrar
b. Central government d. examiner

37.The account of each copyright society as certified by the ___________

together with the audit report should be sent annually to the central
government.
a. Comptroller & Auditor General c. comptroller
b. Auditor d. state government.

38.The chairman and other members of the copyright board shall be appointed
by________.
a. Central government c. state government
b. High court d. supreme court.

39.The chairman and others members of the copyright board shall hold the
office for a period of ___________.
a. 5 years c. 2 years
b. 3 years d. 1 year

40.The chairman of the copyright shall hold the office for a period of 5 years or
the attainment of the age of _______.
a. 65 years c. 80 years
b. 58 years d. 60 years

41.The other member of the board shall hold the office for a period of 5 years
or till the age of ______ years.
a. 62 years c. 65 years
b. 58 years d. 60 years
42.The copyright board shall exercise and discharge its powers and function
through benches and each bench shall consist of not less than ___________
members.
a. 3 c. 2
b. 10 d. 5
43.The special bench of the copyright board shall consist of _________
members.
a. 5 c. 10
b. 15 d. 20

44. The central government shall appoint the copyright board member consist
of _______.
a. Chairman and other 2 members
b. Vice chairman and other 10 members
c. Chairman, vice chairman and other members
d. Only 5 members

45.An appeal against the decision of the copyright board other than that against
the order of the registrar within 3 months lies to the _________.
a. District court c. Supreme court
b. High court d. tribunals

46.The copyright board shall consist of a minimum two members and

maximum of __________members.
a. 14 c. 12
b. 10 d. 16

47.The term of copyright for government work is _________.

a. 40 years c. 60 years
b. 50 years d. 20 years

48.The number of days given for public to raise any objection regarding the
documents submitted for copyright registration are
a. 18 days c. 21 days
b. 20 days d. 30 days
49.The infringement of copyright attracts
a. Civil suit c. criminal suit
b. None of them d. both of them

50.The registrar of the copyright act as __________ of the copyright board.

a. Chairman c. treasure
b. Secretary d. none of the above

51.The copyright office is located at__________.

a. Chennai c. Kolkata
b. Mumbai d. New Delhi
52.This of the following is not a subject matter of copyright.
a. Musical works c. artistic work
b. An idea d. sound recording

53.The broadcasting organizations like TV, Radio have a term of copyright for
________.
a. 60 years c. 15 years
b. 50 years d. 25 years

54.The licencee can’t export the copyright which is translated unless_____.

a. The copies are sent to the citizen of India residing outside India.
b. The copies are not put for sale in India
c. The copies are not available in India
d. None of the above

55.If the translation of the literary work is in a language not in general use in
developed countries such application may be made after a period of
_____________.
a. 5 years c. 2 years
b. 3 years d. 1 year
56.The licence can be obtained by a person to reproduce and publish the work
only when __.
a. Owner is not publishing the new edition
b. If it is not for sale in India for more than 6 months
c. If it is used for research or teaching purpose
d. Both a and b

57.The act that does not amount to an infringement in musical work is

_________
a. All bars of the musical note are used
b. Public performance
c. Music played in factories
d. Remix version of popular music

58.The infringer of the copyright shall be punishable with imprisonment which

may extend up to __________.
a. 10 months to 5 years
b. 1 years to 10 years
c. 6months to 3 years
d. 1 month to 5 months

59.The infringer of the copyright shall be punishable with fine which may
extend up to __________.
a. 2 lakhs to 3 lakhs
b. 50000 to 2 lakhs
c. 10 lakhs
d. 1 crore

60.The word Copyright is derived from the expression “Copier of words” first
used in the contest, according to ___________ in 1586.
a. Oxford dictionary c. Black’s Law Dictionary
b. Standard Dictionary d. Indian Dictionary
 61. The Copyright is ___________ that is prohibitory in nature.
a. Moral Right c. Saturator Right
b. Negative Right d. Economic Right

62. The Copy right is protected in __________ but not in an idea.

a. Form c. Labour and Skill
b. The creation of the work d. All the above

63. The work does not subsists in musical work are __________.
a. Acting c. Performance
b. Song d. All the above

64. In Literary or Dramatic work _________ is the first owner of the work.
a. Producer c. Artist
b. Composer d. Author

65.The word Copy was used to connote a manuscript or other matter prepared for
printing in ___________ AD
a. 1423 c. 1468
b. 1485 d. 1492

66. The __________ of 1957 adopted many principles and provision contained in
UKAct-1956.
a. Copyright Act c. Patent Act.
b. Trademark Act d. Design Act

67. The Copyright is not a __________ right but bundle of rights.

a. Single c. Labour
b. Work d. Statutory
 68. The work does not subsists in literary work is __________.
a. Dictionary c. Question paper
b. Lecture d. Calendar.

69. In Musical work _________ is the first owner of the work.

a. Producer c. Artist
b. Composer d. Author

70.If any person knowingly using of infringing copies of computer programmes

shall be punishable for a period of _______________.
a. 3-7 years
b. 5-14 yrs
c. 2-3 yrs
d. 1 year

71.If any person knowingly uses of infringing copies of computer programmes

shall be imposed a fine up to_________.
a. 50000-2 lac
b. 1-2 lac
c. 50000-1 lac
d. 10 lac

72.If any applicant make false entries in the register of copyright etc for
reproducing or tendering false entries is imprisonment for a period of
____________.
a. 1 yr
b. 3 yrs
c. 3-7 yrs
d. 14 yr
 INTERNATIONAL CONVENTION:

1. The Madrid Agreement revision took place in __________ on 14th July

1967.
a. Stockholm c. Berne
b. Geneva d. Paris

2. The phase of Trade Mark law Treaty before the trademark office
are_________.
a. Application for registration c. changes after registration
b. Renewal d. all the above

3. The initial period of protection of the design under Hague Agreement is

for _______years.
a. 10 years c. 5 years
b. 15 years d.20 years

4. The single application of the Industrial Design shall be deposit with the
_____ for the International Protection of the Design under Hague
Agreement.
a. International Bureau of WIPO c. Regional office
b. Designated Office d. UNO

5. Before the existence of the WIPO, the International Bureau and Paris
Union were supervised by ____________.
a. U.K Council c. Swiss Federal Council
b. TRIPS d. U.S Council

6. The Universal Copyright Convention came into force on 6th September-

1952 and revised in 1971 at ______________.
a. Paris c. UNO
b. U.K d. India
7. The Universal Copyright Convention is administered by _________.
a. WIPO c. UNO
b. WTO d. UNESCO & UNO

8. The Universal Copyright Convention protects __________.

a. Published work c. Registered work
b. Published and unpublished work d. translated work

9. The main object of the Rome Convention is ___________.

a. To protect copyright c. to protect neighboring right
b. To protect statutory right d. to protect moral right

10.__________ is the owner of the Phonograms.

a. Author c. Producer
b. Artist d. Composer

11.A period of _________ years has been provided for the protection of the
performers and producers of the Phonograms under WIPO Performances
and Phonogram Treaty.
a. 60 c. 30
b. 50 d. 40

12.Under Madrid Agreement, the term of protection of trademark is for

________ years.
a. 10 c. 30
b. 20 d. 40

13.The Patent Co-operative treaty was concluded on _________ 1970.

a. 19th June c. 20th July
b. 20th June d. 19th July
 14.The Patent Law Treaty was concluded on June 1, 2000 and it is open to
State members of WIPO and___________
a. Paris convention c. Madrid Agreement.
b. Berne convention d. NICE agreement

15.UPOV has __________ articles dealing with the protection of rights,

rights of priority and related aspects.
a. 42 Articles c. 32 Articles
b. 62 Articles d. 52 Articles

1.. the Paris convention was concluded on _____.

a. 20th march 2000

b. (20th march 1883)
c. 20th march 1970
d. 20th march 2010

2. In Paris Convention there are .......... articles.

a. 20
b. 10
c. (30)
d. 40

3. ................ states are member to the Paris convention.

a. 150
b.(140)
c. 130
d. 120

4. the Paris convention was revised in .......... on 4th July 1997.

a. (Stockholm)
b. Berne
c. German
d. India

5. the PCT was came into force on ........,....

a. (24th Jan 1978)
b. 28th April 1977
c. 1st Jan 2000
d . none of the above.

6. there are ........... number of articles in PCT

a. (69)
b. 59
c. 49
d. 39

7............... number of states are member to the PCT .

a. (144)
b. 134
c. 124
d.114

8. ............. number of states are member to the Eurasian patent convention.

a. 1
b. 3
c.5
d. (9)

9. there are ........... articles in Budapest treaty.

a. 10
b. (20)
c. 30
d.40
10. ............... number of states are member to the Budapest treaty.
a. (75)
b. 76
c.77
d.78

11. the patent law treaty came into force on ............

a. (28th April 2005)
b. 30th may 2010
c. 1st June 2011
d. 22nd may 2008

12. the UPOV came into force on .........

a. 1965
b. (1968)
c. 1944
d. 1988

13. the UPOV has ........ articles.

a. 40
b.41
c.(42)
d.43

14. Madrid agreement was came into force on .............

a. (14th April 1891)
b. 20th may 1600
c. 11th August 2011
d. 23rd September 2001
 DESIGN UNIT:

1. The Design Act-2000 came into force on ________.

a. 11-5-2001 c. 11-4-2001
b. 11-3-2001 d.11-2-2001

2. There are _______ sections under Chapter II in the New Design Act-2000.
a. 48 c. 32
b. 52 d.78

3. The __________ appointed by the Central Government shall be the

Controller of Design for the purpose of Design Act-2000
a. Controller –General of Patent , Design and Trademark
b. Directors
c. State Government
d. Supreme court

4. The controller shall appoint a date for hearing of the opponent and applicant
and shall give _______ period of notice thereof under Rule -44
a. 10 days c. 1 month
b. 15 days d. 2 months

5. Section ________ of the Part-II of the TRIPS cover Industrial Design.

a. 4 c.3
b. 5 d. 6

6. In Hague Agreement, There are _________ members as on January-1, 1996.

a. 25 c. 29
b. 27 d. 28

7. In Locarno Agreement, there are _________ members as on January-1, 1996

a. 25 c. 29
b. 27 d. 28
c.
8. __________ was the first Design protected in UK
a. Textile design c. Umbrellas
b. Carpets d. Jewellery

9. There are ______ classifications of goods under Design Act-1911.

a. 31 c. 99
b. 14 d. 34

10.There are ______ classifications of goods under Design Act-2000

a. 31 c. 99
b. 14 d. 34

11.There are ______ classifications of miscellaneous goods and service under

Design Act-2000
c. 31 c. 99
d. 14 d. 34

12.________ Copies of design shall be attached with the application for its
registration.
a. 4 c. 5
b. 2 d. 10

13.The Appellate Board deemed to be a _________ for all the purpose of the
section -195 and Chapter XXVI of Cr.P.C.
a. Supreme Court c. Civil Court
b. High Court d. Criminal Court

14.Under the limitation act -1963, the period of limitation for filing a suit for
infringement of a trademark is _______ years from the date of infringement.
a. 4 c. 5
b. 2 d. 3

15.In ________ injunction, the court has the power to freeze defendant’s assets.
a. Mareva d. perpetual.
b. Interlocutory d. Interim
16.The members in the Appellate Board shall be appointed by the consultation
with the Chief Justice of India.
a. CM c. PM
b. MLA d. President
 PATENT RIGHTS:

1. The word patent is derived from __________ term.

a. Greek c. French
b. Italian d. Latin

2. The Letter patent means it is an __________.

a. Instrument c. device.
b. product d. machine

3. The meaning of the patentee is __________ in Latin term

a. close patent c. open patent
b. inventor d. to open

4. The patent is a grant given by __________ to the owner of the invention.

a. Director c. principal
b. controller d. examiner

5. The statutory meaning of the patent is given in _______________.

a. The Trade Mark Act-1999
b. The Patent Act- 1970
c. Constitutional Law
d. Labour Law

6. The person to whom a patent is granted is called ___________.

a. Investor c. licencee
b. Assignee d. patentee.

7. The patentee’s exclusive _______________ over the invention is an

intellectual property right granted to him.
a. Licence right c. mortgage right
b. Assignment right d. proprietary right.
8. The patent law gives an exclusive right to the patent to gain ___________
out of his invention.

a. Commercial benefits c. reputation

b. Personal benefits d. all the above

9. The patent law induces the ___________ to invest capital in newlines of

production which may be profitable.
a. producer c. manufacture
b. investor d. seller

10.the new requirement for the patentable of the invention is _________

a. new c. non-obvious
b. useful d. inventive step

11.The invention must be non-obvious to the person possessed of an

__________ in the art.
a. Average skill c. talented person
b. Excellent skill d. extra ordinary person

12. Section ____ provides the inventions which are not patentable under the
Patent Act.
a. Section -6 c. section 9
b. Section 3&4 d. section 5

13.An invention relates to the manufacture of machines, articles or substance,

the applicant must apply for ________ patent
a. process c. product
b. letter patent d. property

14. The full disclosure of the patented invention to the _______ is mandatory.
a. Government c. public
b. Controller d. foreigner.
15.If the process is used for the production of commercially cheaper but quality
wise better, then the applicant can apply for _______
a. Process patent c. product
b. letter patent d. property

16.Example for process patent is _________.

a. machine c. medicine and drugs
b. Device d. clothes.

17.The term of ownership of process patent is _______.

a. 10 years c. 20 years
b. 5-7 years d. 15 years

18.Section _______ of the patent Act stipulates the person entitled to apply for
a patent .
a. Section -25 c. section 91
b. Section 65 d. section -6

19.______ of any deceased person, who immediately before his death was
entitled to make an application for the grant of a patent.
a. Co-owner c. legal representative
b. licencee d. assignee

20.for applying the application for the grant of patent , form _______ is used
a. form -2 c. form -1
c. form -3 d. form -4

21.section ______ provides that only one application can be made for invention

a. Section -8 c. section 9
b. Section 6 d. section -7(1)
22.Section 7(1A) provides for application for international patent under
______..
a. Paris convention c. TRIPS
b. WIPO d. PCT

23.FORM ______ is taken for applying the grant of patent by the foreign
applicant .
a. form -2 c. form -1
d. form -3 d. form -4

24.section _____ provides he applicant to file a provisional application and

complete specification

a. Section -81 c. section 91

b. Section 62 d. section -9

25.A complete specification shall be filed within a _______ months from the
date of filing the application .
a. 10 months c. 12 months
b. 15 months d. 12-15 months

26.A provisional specification means it contain only ______ description

a. Synopsis c. general description
b. Full description d. incomplete
27.The description of patent is called ______.
a. Assignment c. infringement
b. licence d. specification

28. the purpose of provisional specification is to get ___________

a. patent c. lapse of patent
b. disclose the invention to govt d. priority date

29.the specification must always ends with __________

a. title c. drawing
b. abstract d. claims
30.the specification always begins with ______
a. title c. drawing
b. abstract d. claims

31.the claim refers to the additional features of the invention is called ________
a. main claim c. subordinate claim
b. omnibus claim d. counter claim

32.the claim relates to any arrangement substantially as described and as shown

in the drawing is called _______

a. main claim c. subordinate claim

b. omnibus claim d. counter claim

33.the applicant must request the controller to publish his patent application
before the expiry of _____ period
a. 10 months c. 12 months
b. 15 months d. 18 months

34.Section________ provides the publication of the patent application by the

controller.

a. Section -81 c. section 91

c. Section 62 d. section -11A

35. the applicant has to make a request for the appointment of the examiner
within _______ from the date of filing till the examination of the patent
application.
a. 18 months c.10 month
b. 12 month d. 48 months
c.
36.The examiner will make the report of the examination of patent application
and sent it to the controller within ___________from the date of such
reference.
a. 18 months c.10 month
b. 12 month d. 48 months

37.the applicant has to amend the patent application within _______ from the
date of the notice given by the examiner
a. 18-20 months c.10-12 month
b. 12-15 month d. 15-18 months

38.The controller will publish the patent application in _________.

a. Patent journal c.book
b. magazine d. TV channel

39.the patent application which is published by the controller in the patent

journal shall be open to public till __________.
a. 18 months c.10 month
b. 12 month d. 4 months

40.Form ______ is filed for the opposition for the grant of patent.
b. form -2 c. form -7
e. form -3 d. form -4

41.the person interested may give notice of opposition to the controller after the
grant of the patent but before the expiry of ______ years from the date of
grant of patent.
a. 1 year c. 20 years
b. 5 years d. 15 years

42.The term of the patent shall be ______ years.

a. 10 years c. 20 years
b. 5-7 years d. 15 years
43.If there are more than one owner of the patent, they are called as ________.
a. Co-owner c. licencee
b. Assignee d. patentee.

44.Section 63 of the Act provides that the patentee has the right to _____ his
patent .
a. mortagage c. licence
b. Assign d. surrender.
45.If any improvement or modification is made to the main invention, then the
patentee will have the right to get _______ patent
a. Extra patent c. process patent
b. Product patent d. additional patent

46.If the patent is lost or damaged , the patentee can get _____ patent .
a. additional patent c. process patent
b. Product patent d. duplicate patent

47.If the inventor is not using his invention for 3 years, then the controller will
grant _____ to those interested in the patent
a. mortagage c. licence of right
b. Assign d. compulsory licence.

48.Patents related to food, medicine and drugs they were deemed to be

endorsed with the words _____ after the expiry of 3 years from the date of
sealing.
a. Voluntary licence c. compulsory licence
b. Assign d. licence of right

49.The duty of the patentee is to furnish the information to the controller or else
he is liable to pay penalty upto______
a. 20 lakh c. 1 lakh
b. 10 lakh d. 1 crore
50.The transfer of all the rights or interest by the patentee to the other person is
called _____.
a. mortagage c. licence
b. Assignment d. specification

51.The person in whose favour a right has been assigned is called _____
a. mortagagee c. licencee
b. Assignee d. patentee

52.The person who assigns the right is called _________.

a. mortagagor c. licencor
b. Assignor d. patentee

53.An assignment of an existing patent through an ______ which has been duly
registered is called legal assignment .

a. agreement c. document
b. letter d. sale deed

54.a ______ has the right to have his name entered in the register of the patent
as a owner or proprietor
a. mortagagee c. licencee
b. legal Assignee d. patentee

55.a patentee agrees to give another person certain defined right through any
document such as letter with an immediate effect is called ________.
a. mortagage c. compulsory licence
b. equitable Assignment d. legal Assignment

56.an ______ cannot have his name entered in the register as the owner or
proprietor of the patent in assignment
a. mortagagee c. voluntary licencee
b. legal Assignee d. equitable assignee
57.a person in whose favour a mortgage is made is called ________.
a. patentee c. licencee
b. Assignee d. mortgagee

58.A patentee can transfer a right by __________a permitting a licence to

exploit the invention

a. Sale agreement c. licence agreeement

b. Assignment agreement d. mortgage agreement

59.All the terms and conditions of the assignment and licence agreement shall
be imposed by _________.
a. patentee c. licencee
b. Assignee d. mortgagee

60.In __________, the controller or the govt will play an important role to
transfer the patent .
a. Voluntary licence c. expresss licencee
b. Limited licence d.statutory licence
61.Section ____ of the patent act provides the compulsory licence.
a. Section 91 c. Section-58
b. Section 54 d. Section-84

62.The compulsory licence will be granted by _____ to the person interested

apllied for the licence of patent
a. Government c. public
b. Controller d. patentee

63.The compulsory licence granted by the patentee to the licencee is _____

licence
a. Exclusive licence c. limited
b. Non-exclusive d. statutory

64.In compulsory licence, the right of the licensee is ______

a. Exclusive licence c. assignable
 b. Non-exclusive d. non assignable

65.In case of semiconductor technology, the licence granted is to work the

invention for the public _________ use.
a. commercial c. beneficial
b. non commercial d. personal

66.the _____ empowers to impose the terms and condition in licence of right.

a. Government c. public
b. Controller d. patentee

67.An exclusive licence shall confers all ______ right on the licencee excluding
all other persons
a. Exclusive c. limited
b. express d. voluntary

68.a _____ licence imposes certain limitation on the right of the licencee
a. Exclusive c. limited
b. express d. statutory

69.an express licencee is the one in which the permission to use the patent is
given in __________.
a. written document c. oral
b. letter d. illegal document

70.section _____ provides that the patentee can’t impose the restriction on the
licencee which are against to the public interest.
c. Section 114 c. Section-111
d. Section 204 d. Section-140
e.

71.the controller have the power of _______ while trying the suit .
a. criminal court c. fast track court
 b. labour court d. civil court

72.section -88 of the patent gives the power of the controller to ___.
a. Grant compulsory licence
b. To amend the application
c. To adjourn the application of the compulsory licence
d. To refuse to deal with certain agents

73.Section 141 of the patent act empowers the controller to __________

a. To post date the application
b. To give direction to the co-owners
c. To call for information from patentees
d. To grant compulsory licence

74.An individual cannot turn around and deny his previous statement is
called_______
a. resjudicata c. estoppel
b. infringement d. injunction

75. a matter already judicially acted upon or decided between the two parties
cannot be reopened and readjudicated for same cause of action is called
_________.
a. Principle of estoppels
b. Principle of resjudicata
c. Doctrine of pith and marrow
d. None of the above

76.The may also order that the goods which are found to be infringing and
material shall be seized, forfeited or destroyed as the court deems fit is
called as _______
a. Interim order
b. Temporary injuction
c. Anton pillar order
d. Permanent injunction
77.An order of the court prohibiting some one from doing some specified act
or commanding someone to undo some wrong or injury is known as
________
a. Infringement b. injunction
b. Assignment d. licence

78.The order of the court which are in force for a specified period of time is
called _____
a. interim order
b. Temporary injuction
c. Anton pillar order
d. Permanent injunction

79.The principle upon which an interlocutory injunction may be granted in a

patent case are the same as in case under the provision of CPC______
a. Order XXIX Rule 1 & 2
b. Order XXXIX Rule 1 & 2
c. Order XXX Rule 1 & 2
d. Order XXIX Rule 3& 4

80.Revocation by the _____ on a petition by interested person or for failure to

comply with the requirement of the central govt to use the invention
a. High court c. supreme court
b. District court d. tribunal

81.______ shall lay down that patent shall be cease to have effect if the renewal
fee is not paid
a. Section 60 c. Section-11
b. Section 20 d. Section-53(2)
c.

82. The patentee to renewal his patent shall within ____-- from the date of
expiry of the patent
a. 18 months c. 15 months
 b. 12 months d. 20 months

83.The infringer has taken all the essential features claimed in the patent while
manufacturing an article is called _____
a. Indirect infringement c. direct infringement
b. Temporary injunction d. permanent injunction

84. The procedure followed in conducting a suit for infringement is governed

by provision of ______
a. CPC
b. CrPC
c. IPC
d. Constitutional law

85.The period of limitation for instituting a suit for infringement is ______

from the date of infringement
a. 10 years c. 3years
b. 5-7 years d. 12 years

86.The onus is on the ______ to establish infringement

a. Defendant c. plaintiff
b. Lawyer d. judges

87.The defendants can ______ for revocation of the patent in highcourt.

a. Main claim c. counter claim
b. Subordinate claim d. omnibus claim
 QUESTION FROM CIE AND EXAM PAPERS

In 1266, ________ law came into force for the first time for the protection
1. of trademark
a. Bakers law c. Trade Mark Act
b. Venetian law d. 39 countries

In 1876, _______ was the first to register the alcoholic product as

2. trademark.
a. UK c. India
b. USA d. German

The function of trademark is _______.

3. a. It identifies the product and its origin
b. it guarantees and advertise the product
c. both a and b
d. none of the above

The trademark may include ______.

4. a. shape of the goods c. packing
b. combination of colour d. all of them

A _______ application can be made for series of trademark

5. a. single c. double
b. triplicate d. different

There are ______ number of classification of goods and services in

6. trademark
a.42 c. 8
b. 34 d. 39

The trademark shall not be registered if it is _________

7. a. well known c. causing confusion to public
b. prior use d. all the above

The trademark act came into force on _______

8. a. 15th sept 2003 c. 15th sept 2009
b. 15th sept 2013 d. 15th sept 1999
 Intellectual property appellate board members were appointed by the
9. ________
a. president with consultation of CJ c. President
b. PM d. CM with consultation of Governor

The head office of trademark registry is at____________

10 a. Kolkata c. Ahmadabad
b. Mumbai d. Delhi

11._________ are members to the Eurasian Patent Convention

a. 10 countries c. 30 countries
b. 9 countries d. 39 countries

12.The TRIPS agreement was concluded on ___________.

a. April 15, 1995 c. April 15, 1994
b. April 25, 1996 d. April 25, 1998

13.The UPOV has _______ number of Articles in the convention.

a. 40 c. 45
b. 48 d. 50

14.In England, ________ rewarded the Letter Patent to his political creditors.
a. James I c. Elizabeth I
b. Charles I d. Edward I

15.The patent Act- 1970 was passed with the report of the _________
committee.
a. Justice Bakshi Tek Chand Report-1950
b. Justice Rajagopal Ayyangar’s Report-1959
c. Both a &b
d. None of the above

16.A Venetian Law of 1474 granted the patented for a period of ______ years.
a. 14 years c. 10 years
b. 18 years d. 20 years
17.Under US Patent Act, the Design patent is granted for a period of
_________ years
a. 20 years c. 10 years
b. 17 years d. 14 years

18. Indian Patent shall be granted for that invention which has _________.
a. Related to atomic energy c. plant or agriculture method
b. Discovery of any product ` d. inventive steps

19.The head office of the patent is at ___________

a. New Delhi c. Chennai
b. Kolkata d. Mumbai

20.Patent can’t be transferred by ________

a. Assignment c. licence
b. Request d. mortgage

21._______ was the first Design protected in U.K.

a. Textile Design c. Umbrellas
b. Carpets d. Jewellery

22.There are _______ classification of goods under Design Act-1911

a. 31 c. 99
b. 14 d. 34
23.The maximum period of ownership of Design is ________ years.
a. 10 c. 15
b. 20 d. 7
24.______ Copies of Layout Design shall be attached with the application for
getting registration.
a. 4 c. 2
b. 10 d. 3

25.The Appellate Board deemed to be a ________ for all the purpose of Section
-195 and Chapter XXVI of Cr.P.C
a. Civil Court c. Criminal Court
b. Fast Track Court d. Tribunal
26.Under the Limitation Act-1963, the period of limitation for filing a suit for
infringement of a trademark is ______ years from the date of infringement.
a. 2 c. 5
b. 3 d. 4

27.In ______ injunction, the court has the power to freeze defendant’s assets.
a. Interlocutory c. Mareva
b. Perpetual d. Interim

28. The members in the Appellate Board shall be appointed by the _______
after consultation with the Chief Justice of India.
a. Chief Ministers c. Prime Minister
b. MLA ` d. President
29.Trademark Law Treaty was adopted at _______ on October 27,1994
a. Stockholm c. Paris
b. Geneva d. USA

30.There are ______ classification of goods and service under Nice Agreement.
a. 34&11 c. 35&10
b. 34&8 d. 35&8

31.Intellectual property right is a _________ property.

a. Tangible c. Corporeal
b. Intangible d. Incorporeal and intangible

32.An intellectual property right doesn’t refer to _____________.

a. Skill c. Efforts & labour
b. Acting d. Ideas

33.The TRIPS agreement was concluded in the _________ round.

a. Markkesk c. Uruguay
b. Qatar d. Stockholm

34.The WIPO was concluded in the Stockholm on __________.

a. 14th July- 1967 c. 20th March- 1967
b. 15th July- 1968 d. 25th March -2000
 35.The Paris Convention contains __________ Articles.
a. 20 c. 10
b. 30 d. 05

36.Example for Process Patent is ________.

a. Machine c. Device
b. Medicine d. Model

37.A specification shall always ends with a _________.

a. Title c. Best Method
b. Abstract d. Claims

38. If the inventor is not using his invention for 3 years, then controller will
grant ______ to those person who is interested in the patented invention.
a. Exclusive licence c. Compulsory licence
b. Voluntary licence ` d. Licence of right

39.An individual cannot turn around and deny his previous statement is
called________.
a. Resjudicata c. Infringement
b. Estoppel d. Specification

40.________ Injunction is granted at the termination of the trial.

a. Permanent c. Interim
b. Temporary d. Interlocutory

41. The definition of the trademark is given under section

_______ of the Trade Mark Act-1999
a. section 2(b) c. section 2(z)
b. section 2(zb)  d. section 2(bz)

42. The mark includes _______.

a. device c. heading
b. signature d. all the above 
43.The functions of the trademark are _________.
a. identifies the product c. advertise the product
b. guarantees the quality d. all the above. 

44. The example for letter mark is ________

a. IBM  c. B.M.W.
b. Tata Nike d. adidas

45. A __________ is a visual depiction of a manufacture or a

company and gives an identity to trademark.
a. logo  c. label
b. symbol d. brand

46. The Act of 1999, deals with the Certification Trademarks in

Chapter______
a. XI c. XII
b. IX  d. X

47. The certification mark is granted by the _______.

a. central government c. controller/
registrar
b. state government d. all the above 
A collective mark belongs to an association of persons except a
________.
a. partnership firm  c. industries
b. legal firm d. company

48.For the purpose of registration of Design, goods are classified in the manner
specified in the __________ schedule to the 2000 Act.
a. Third c. Second
b. First d. Fourth

49.The proprietor of the new and original design must be _________.

a. The creator of the design
b. Any other person who acquire the right to apply the design to any article
c. Mortgagee
d. Both a & b
50.The registration of a design excludes the entire person from using the design
including____________.
a. Government c. High court
b. Alien d. Foreigner.

51.When the layout design application is accepted for registration, the

controller will advertise in the official journal within ________ days.
a. 10 days c. 3 months
b. 14 days d. 12 months

52._________ Copies of the layout design shall be attached with the application
for its registration. .
a. 1 c. 3
b. 2 d. 4

53.For _________ Agreement, India is not a member.

a. Hague c. Madrid
b. Locarno d. all the above

54._________ Act repealed the Trade and Merchandise Mark Act

a. The Trademark Act-1940
b. Patent, Design and Trademark Act-1883
c. Trade Mark Act-1999
d. Trademark Act-1905

55._______ was the first country to register the trademark for alcoholic
beverages.
a. UK c. USA
b. India d. China

56._________ defence cannot be pleaded by the defendant under Trademark

Act
a. Honest adoption
b. Innocent infringement
c. Both a & b
d. None of the above
57.To become a Vice Chairman in Appellate Board, he has a member of Indian
Legal Service for at least ______ years.
a. 3 c. 5
b. 7 d. 2

58.Berne convention protects the anonymous and pseudonymous work for

________ years.
c. 50 c. 60
d. 20 d. 10

59.Universal copyright convention -1952 revised in _____ at Paris.

e. 1970 c. 1971
f. 1972 d. 1973

60.The applicant for copyright registration should attached ______ number of

copies of their original work.
c. 1 c. 2
d. 3 d. 4

61.The opponent party can oppose the application for the registration of the
copyright within ________.
c. 30 days c. 3 months
d. 14 days d. 12 months

62.The assignment is valid only when it is signed by _________ or by his

agent.
c. assignee c. Controller
d. assignor d. Government

63.Musical work shall be infringed when_______.

c. All the bars of the musical note are copied
d. Any remix version of popular music
e. Lyrics of the music is copied
f. Singing the same song in different language.
64.The court where the criminal proceedings of the copyright are to be initiated
in ______.
e. Directly in High court
f. Directly in Supreme court
g. Appellate board
h. Magistrate of First Class.

65.The function of the copyright board is ______.

a. To settle the disputes arising out of assignment
b. To grant compulsory licence
c. Grant compulsory licence to translate literary and dramatic work.
d. All the above.

66.The moral right of the copyright owner is ________.

e. The right to publication
f. Right to claim authorship
g. The right to integrity
h. All the above

67.The term of the chairman in the copyright board is either for 5 years or
_______ years
c. 62 c. 65
d. 58 d. 60

68.An intellectual property right is an _________ property.

e. Tangible c. Tangible and corporeal
f. Intangible d. Intangible and incorporeal

69.The main objective of the IPR are________.

g. Encourage scientific research
h. Financial incentives
i. Economic growth & Morality
j. All the above

70.A Venetian Law of 1474 granted the right to inventors of new arts and
machines for ________ years.
e. 10 years c. 15 years
f. 20 years d. 5 years.
71.__________granted the monopoly right to the true and first inventor.
e. The Statutes of Monopolies -1624
f. Patent and Design Act-1888
g. A Venetian Law of 1474
h. Patent and Design Act- 1911

72.A person has to get his name registered as Patent Agent by making an
application in ____ at the Patent Office.
e. Form -27 c. Form-23
f. Form -22 d. Form -3

73.The onus is on the ________ to establish infringement.

g. Defendant c. Petitioner
h. Plaintiff d. Respondent

74.Section -88 of the patent gives the power of the controller to _________-.
i. Grant compulsory licence
j. To amend the application
k. To adjourn the application for compulsory licence
l. To refuse to deal with certain agents

75.A document transferring the rights to the other person with a view to secure
the payment of the specified sum of the money is called__________.
c. Assignment c. Licence
d. Patent d. Mortgage

76.Chapter VI of the ______ deals with opposition proceedings.

i. The Patent Rule-2003
j. The Patent (Amendment) Act-2005
k. The Patent Act-1970
l. The Patent (Amendment) Act-2002

77.The purpose of the provisional specification is to get _______.

e. Patent
f. To disclose the patent to the controller
g. Priority date
h. Lapse of the patent
MODEL PAPER QUESTIONS:

I The TRIPS Agreement was revised in _____________.

a. Stockholm c. Russia
b. Geneva d. Paris

II India is a member to the ___________ agreement.

a. WIPO c. TRIPS
b. WTO d. all the above

III India is not a member to ____________ agreement.

a. Trade mark law treaty c. Lisbon agreement
b.Nice agreement d. all the above

IV Berne convention came into force on _________.

a.5th December 1887 c. 10th Jan 1987
b.8th October 1997 d. 20th September 2000

V Patent law treaty member countries are____________.

a.European c. WIPO & Paris
b.USSR d.UK

VI The branch office of patent is not located at __________.

a. New Delhi c. Allahabad
b. Mumbai d. Chennai

VII The technical description of a patent is called __________.

a. Detail c. EMR
b. specification d. Design

VIII __________ maintain the legal documents of legal disputes

in patent office.
a. registrar c. examiner
b. central government d. chairman in Appellate
 board

IX The patent is a _______ right.

a. Territorial c. apply to whole world
b.regional d. none of the above

X The exclusive right of the patentee is to _________ .

a.use c. sell
b. make d. all the above

XI Literary work includes________

a.computer programs c. computer databases
b.tables d. all of them

XII UCC stands for___________

a. Universal copyright convention
b. United copyright convention
c. United copyright centre
d. Universal copyright centre

XIII Which of the following is not a subject matter of copyright

a. musical work c. artistic work
b. an idea d. sound recording

XIV The number of days given for public to raise any objection
regarding the documents submitted for copyright registration
are____
a. 18 days c.30 days
b. 20 days d. 21 days

XV The copyright office is located at __________.

a. chennai c. new delhi
b. mumbai d. kolkata.
XVI The most sensitive of all IPRs
a. trademark c. both of them
b. copyright d. none of them

XVII The appellate board has the power equivalent to __________

a. civil court c. Supreme court
b. High court d. none of them

XVIII The chairman of the appellate board is appointed by

a. PM c. President of India
b. CM d. Chief justice of India

XIX _________ has applied for the first sound mark registration
in India
a. Yahoo Inc c. Docomo ringtone
b. Nokia ringtone d. none of them

XX The essential feature of trademark is____________

a. Distinctive word c. suggest the quality
b.inventive word d. all the above

XXI The design which is not registrable are___________.

a.a mere mechanical device c.cartoons
b. trade or property mark d. all the above

XXII Under Locarno claasification there are ___________ number

of classes and sub classes
a.32&219 c. 10 &100
b.21 &120 d. 28& 200

XXIII Under TRIPS agreement the minimum protection for design

is granted for _________
a.10 years c. 20 years
b.15 years d. 30 years
XXIV A penalty for falsely representing an IC layout design as
registered will incur imprisonment upto _________.
a.3 years d. 1 year
b.2 years d. 6 months

XXV Along with the application _______ sets of IC layout design

has to be attached with it.
a. 2 c.1
b.4 d. 3

I Which of the following treaty deals with protection of literary

and artistic work
a. Berne c. Washington
b. Paris d. Rome

II which of the treaty deals with protection of performers,

producers of phonograms and broadcasting organization
a. Berne c. Washington
b. Paris d. Rome
III WTO came into being on ____________
a.1995 c. 1986
b.1998 d. 1980

IV The abbreviation of TRIPS is____________.

a.Trade Related Aspects Of IPR
b.Trade Related Industrial Propery
c. Trade And Tariff Act
d. World Trade Organisation

V Which of the following agreements covers intellectual

property right under WTO.
a.TRIPS c. GATS
b.GATT d.none of the above
VI Which of the following treaty deals with protection of
Industrial property
a. Berne c. Washington
b. Paris d. Rome

VII The Act of VI of 1856 was passed to ____________

a. control the Indian market by Britisher
b. under the private market
c compete with Indian market
d.none of the above

VIII The person who can file the application for registration of
patent is________.
a. inventor c. licencee
b. assignee d.all the above

IX All the terms and condition shall be imposed by _________

in voluntary licence agreement.
a.patentee c. licencee
b.assignee d. controller

X The ground to oppose the application by injured person is

______ .
a.wrongfully obtained c. claims made is obvious
b. publicly known d. all the above

XI In 1876, ________ was the first country to register the

trademark for alcoholic beverages.
a. UK c. India
b. USA d. China

XII The patent granted in India is applicable

 a. all over the world c. India and china
b. India only d. India and USA

XIII In case of opposition hearing for grant of patent, whose

decision is final
a. controller c. patent examiner
b. deputy controller d.director

XIV Register of patent is maintain by ____________

a.controller c.attorney
b. patent agent d.plaintiff

XV A trademark includes________
a. heading c. name
b. signature d. All the above.

XVI The registration of trademark shall be made in ______ no of

states in india
a. 5 c. 2
b. 10 d. 1

XVII The head office of trademark registry is in _________

a.kolkata c. chennai
b. delhi d. Mumbai

XVIII The appellate board’s headquarter is in ________

a.kolkata c. chennai
b. delhi d. Mumbai

XIX ________ will renewal the trade mark after the expire of
ownership
a. controller or registrar c. patent examiner
b. deputy controller d.director
 XX _____________ was the original Act governing trademark in
India
a.trade and merchandise mark act
b. trademark act-1999
c. trademark act -1905
d. trademark act -1940

XXI The design shall include

a. configuration c. ornamentation
b.pattern d. all the above

XXII _________is controller of design .

a.chairman
b chief justice
c. president
d. controller general of patent design and trademark
XXIII The design shall not include_______
a. trademark c. artistic work
b.property mark d.all theabove

XXIV If the applicant request is rejected by appellant board the he

can go for appeal to _______
a.high court c. district court
b.supreme court d. munsif court

XXV The members in the Appellate Board shall be appointed by

the consultation with the Chief Justice of India.
a.CM c. PM
b.MLA d. President
USN HS04
B. E. Degree (Autonomous) Seventh Semester End Examination (SEE), Dec/Jan 2019

Intellectual Property Rights

Model paper-1
Time: 2 Hours Maximum Marks: 50

Instructions to the students:

1. Part-I and Part- III are compulsory [25x1=25]
2. Answer ANY THREE full questions from part-II

I A register to be called the ______________ containing a copy of every

Agreement entered into by copyright society with the owners for the
purpose.
[01 Marks]
(a) Register of Agreement (c)register of contract
(b) Register of sale deeds (d) register of fees

II ____________ was the first copyright Act in England was passed in 17th
century.

(a) Statute of Anne (c) Copyright Act-1911 [01 Marks]

(b) Copyright Act-1814 (d) Copyright Act-1914

III The moral right is recognized as __________ under section 57 of Copyright

(Amendment) Act-1994.

(a) Author special rights (c) Author common rights [01 Marks]
(b) Statutary right (d) Neighboring right

IV A copyright is a kind of ___________ property.

(a) Movable property (c) personal immovable property [01 Marks]

(b) Immovable property (d) personal and movable property
V The copyright will pass on to his personal representative as part of estate if
such person dies___________.
[01 Marks]
(a) Intestate
(b) Testamentary disposition(through will)
 (c) Through assignment.
(d) By operation of law

VI The single application of the Industrial Design shall be deposit with the
_____ for the International Protection of the Design under Hague
Agreement. [01 Marks]
(a) International Bureau of WIPO (c) Regional office
(b) Designated Office (d) UNO
VII The Universal Copyright Convention protects __________.

(a) Only Published work (c) Registered work [01 Marks]

(b) Published and unpublished work (d) Translated work

To protect the neighbour right is main object of which Convention

VIII ___________.

(a) To Paris convention [01 Marks]

(b) Russian convention
(c) To Rome convention
(d) None of the above
IX The Patent Law Treaty was concluded on June 1, 2000 and it is open to
State members of WIPO and___________
[01 Marks]
(a) Paris convention (c) Mired agreement
(b) Berne convention (d) All of this
X In Locarno Agreement, there are _________ members as on January-1, [01 Marks]
1996

(a) 26 (c) 29
(b) 27 (d) 25

XI There are ______ classifications of goods under Design Act-2000 [01 Marks]

(a) 31 (c) 99
(b) 14 (d) 13

XII In ________ injunction, the court has the power to freeze defendant’s assets. [01 Marks]

(a) Interim (c) perpetual.

(b) Interlocutory (d) Mareva
XIII The assignment of copyright is valid only when it is in __________ signed [01 Marks]
by the assignor or by his agent.

(a) Writing (c) Either Oral or Writing

(b) Writing and Oral (d) contract

XIV Under _____________, the Service marks were not registrable. [01 Marks]
(a) Trade mark Act-1999 (c) Trade Mark & Merchandise Act- 1958
(b) Trade mark Act-1958 (d) Trademark Amendment Act-2000
XV Trademark Rule -2002 were published in the Gazette Of India dated [01 marks]
________
(a) 6th February 2002 (c) 15th May 2002
(b) 20th September 2002 (d) 26th February 2002

XVI Under class 2 the ___________ design is registrable [01 Marks]

(a) Umbrellas (c) Cheese
(b) Clothing accessories (d) Lace

XVII Intellectual Property Right does not refer to a ________________. [01 Marks]
(a) Ideas (c) Skill
(b) Intelligence (d) Efforts

XVIII The word Patent is derived from ____________term. [01 Marks]

(a) Latin (c) Germany
(b) French (d) India

XIX The Patent Co-operative treaty was concluded on _________ 1970. [01 Marks]

(a) 20th June (c) 20th July

(b) 19th June (d) 19th July

XX In case of posthumous publication, the term will be for ______ years. [01 Marks]

(a) 6 years (c) 60 years

(b) 50 years (d) 10 years

XXI If the assignee shall not exercise the right within _______ year, then it shall [01 Marks]
be considered as lapsed.
(a) 3 years (c) 2 years
(b) 5 years (d) 1year

XXII In India first Copyright Act was passed in ________. [01 Marks]
 (a) 1914 (c) 1942
(b) 1911 (d) 1945

XXIII The design act was passed in _____________ by the British government in [01 Marks]
India.
(a) 1935 (c) 1942
(b) 1911 (d) 1945

XXIV The Design Act-2000 aims at protecting the designs which serve the [01 Marks]
purpose of _____________.
(a) Visual appeal (c) specification of Design
(b) Inner Design (d) drawings in the Design
XXV The word Copy was used to connote a manuscript or other matter prepared [01 Marks]
for printing in ___________ AD
(a) 1423 (c) 1468
(b) 1485 (d) 1492

PART-II

2 Explain the advantages of Intellectual property. [05 MARKS]

OR

3 Explain the Infringement of Copy Right [05 MARKS]

OR
Discuss the rights of co-owners under patent rights [05 MARKS]

[05 MARKS]

5 Explain the Trade mark which is non registrable under the Trade mark Act [05 MARKS]

OR
6 Discuss the Patentable and Non Patentable inventions. [05 MARKS]

OR

7 Explain the procedure of Registration of Industrial Design.

OR [05 MARKS
 Explain the Infringement of Musical work.

8 Explain the meaning and scope of passing off. [05 MARKS]

OR
Explain the registration of Trade Mark. [05 MARKS]

USN HS04
B. E. Degree (Autonomous) Seventh Semester End Examination (SEE), Dec/Jan 2019

Intellectual Property Rights

Model paper-2
Time: 2 Hours Maximum Marks: 50

Instructions to the students:

1. Part-I and Part- III are compulsory [25x1=25]
2. Answer ANY THREE full questions from part-II

I The first owner of the question paper of an examination is _________.

(a) Examiner (c) COE [01 Marks]

(b) Principal (d) Paper setter

II The first owner of the plan of the building is _______.

(a) Client (c) Architect [01 Marks]

(b) Labour (d) Owner of the building

III The owner of the sound recording is ________.

(a) Composer (c) director [01 Marks]

(b) Producer (d) artist

IV The term of the copyright in anonymous and pseudonymous is

___________. [01 Marks]
(a) 60 years (c) 5 years
 (b) 50 years (d) 10 years

V In case of posthumous publication, the term will be for ______ years.

(a) 60 years (c) 5 years [01 Marks]

(b) 50 years (d) 10 years

VI The Chairman or any other member of the Copyright Board may resign his
office by giving _______ notice in writing to the Central Government.

(a) 2 months (c) 6 months [01 Marks]

(b) 3 months (d) 1 month

VII Assignment of CopyRight shall be in

(a) Writing (b) oral [01 Marks]

(c)a& c (d) none

_________ shall be the Secretary of the Copyright Board to perform the

VIII function as prescribed.

(a) Registrar (c) Chairman [01 Marks]

(b) Vice chairman (d) Central Government

IX The copyright board shall be deemed to be a __________.

(a) Supreme Court (c) Civil Court [01 Marks]

(b) High Court (d) Criminal Court

X A register to be called the ______________ containing a copy of every [01 Marks]

Agreement entered into by copyright society with the owners for the
purpose.

(a) Register of Agreement (c) Register of contract

(b) Register of sale deeds (d) Register of fees
 XI If the assignee shall not exercise the right within _______ year, then it shall [01 Marks]
be considered as lapsed.

(a) 3 years (c) 2 years

(b) 5 years (d) 1 year

XII If the territorial limit is not mentioned in the agreement, then it will be [01 Marks]
extended to ____.

(a) Whole of India (c) Whole world

(b) Only to particular State (d) Only to particular District

XIII ____ has power to grant Patent [01 Marks]

(a) Controller (b) Examiner

(c)Opponent (d)Patentee

XIV In India first Copyright Act was passed in ________. [01 Marks]

(a) 1914 (c) 1709

(b) 1911 (d) 1842

XV Section ______ defines copyright under copyright Act-1957. [01 marks]

(a) 15 (d) 14
(b) 12 (d) 3

XVI The work of copyright which subsist in literary work is ___________. [01 Marks]

(a) tables (c) Computer programs

(b) Novel (d) All the above

XVII The work of copyright which subsist in musical work is ___________. [01 Marks]

(a) Music and its graphical notation (c) lyrics

(b) Songs (d) Performance by actors
XVIII The work of copyright which subsist in artistic work is ___________. [01 Marks]

(a) A work of architecture (c) Sculpture

(b) Map (d) All the above

XIX The first owner of the computer programme is __________. [01 Marks]

(a) Author (c) proprietor

(b) Creator (d) designer of software

XX The first owner of the cinematograph film is __________. [01 Marks]

(a) Producer (c) Actors

(b) Composer (d) Director

XXI The first owner of the artist work is _________. [01 Marks]

(a) Planner (c) Painter

(b) Artist (d) Architect

XXII The copyright will pass on to his personal representative as part of estate if [01 Marks]
such person dies___________.

(a) Intestate (without making will).

(b) Testamentary disposition(through will)
(c) Through assignment.
(d) By operation of law.

XXIII The __________ appointed by the Central Government shall be the [01 Marks]
Controller of Design for the purpose of Design Act-2000

(a) Controller –General of Patent , Design and Trademark

(b) Directors
(c) State Government
(d) Supreme court

XXIV The word Patent is derived from ____________term. [01 Marks]

(a) Latin (c) Germany
(b) French (d) India
XXV The term of the copyright in anonymous and pseudonymous is [01 Marks]
___________.

(a) 60 years (c) 5 years

(b) 50 years (d) 10 years

PART-II

2 Explain the Procedure for Registration of Patent. [05 MARKS]

3 Explain the law relating to Design act. [05 MARKS]

4 Explain the Patentable & Non Patentable Inventions. [05 MARKS]

5 Explain the term copy right in Different kinds of works. [05 MARKS]

6 Explain the term ownership and their rights [05 MARKS]

PART-III
7 Explain the Rights and Obligations of Patent holders

OR [05 MARKS

Explain the procedure for obtaining patent

8 Explain the term infringement and remedies available for that infringement [05 MARKS]
under patent

OR
Explain the advantages of registration of trade mark. [05 MARKS]
USN HS04
B. E. Degree (Autonomous) Seventh Semester End Examination (SEE), Dec/Jan 2019

Intellectual Property Rights

Model paper-3
Time: 2 Hours Maximum Marks: 50

Instructions to the students:

1. Part-I and Part- III are compulsory [25x1=25]
2. Answer ANY THREE full questions from part-II

I The __________ appointed by the Central Government shall be the

Controller of Design for the purpose of Design Act-2000

(a) Controller –General of Patent , Design and Trademark [01 Marks]

(b) Directors
(c) State Government
(d) Supreme court

II The work of copyright which subsist in artistic work is ___________.

(a) A work of architecture (c) Sculpture [01 Marks]

(b) Map (d) All the above

III The moral right is recognized as __________ under section 57 of Copyright

(Amendment) Act-1994.
[01 Marks]
(a)Author special rights (b) Author common rights

(c) Statutary right (d) Neighboring right

IV A copyright is a kind of ___________ property.

(c) Movable property (c) personal immovable property [01 Marks]

(d) Immovable property (d) personal and movable property

V The copyright will pass on to his personal representative as part of estate if

such person dies___________.

(a) Intestate
(b) Testamentary disposition(through will) [01 Marks]
(c) Through assignment.
(d) By operation of law

VI Intellectual Property Right does not refer to a ________________.

(a) Ideas (c) Skill
[01 Marks]
(b) Intelligence (d) Efforts

VII The Universal Copyright Convention protects __________.

(c) Only Published work (c) Registered work [01 Marks]

(d) Published and unpublished work (d) Translated work

To protect the neighbour right is main object of which Convention

VIII ___________.

(e) To Paris convention [01 Marks]

(f) Russian convention
(g) To Rome convention
(h) None of the above

IX The Patent Law Treaty was concluded on June 1, 2000 and it is open to
State members of WIPO and___________
[01 Marks]
(c) Paris convention (c) Mired agreement
(d) Berne convention (d) All of this

X The Indian Law on Patent is_____ [01 Marks]

(a)Patent Act 1970 (b)Patent Act 1988

(c)Patent Act 1994 (d) Patent Act 1999

 XI The Patent Co-operative treaty was concluded on _________ 1970. [01 Marks]

(a) 20th June (c) 20th July

(b) 19th June (d) 19th July

XII In ________ injunction, the court has the power to freeze defendant’s assets. [01 Marks]

(c) Interim (c) perpetual.

(d) Interlocutory (d) Mareva

XIII The assignment of copyright is valid only when it is in __________ signed [01 Marks]
by the assignor or by his agent.

(c) Writing (c) Either Oral or Writing

(d) Writing and Oral (d) contract

XIV Under _____________, the Service marks were not registrable. [01 Marks]
(a) Trade mark Act-1999 (c) Trade Mark & Merchandise Act- 1958
(b) Trade mark Act-1958 (d) Trademark Amendment Act-2000
XV Trademark Rule -2002 were published in the Gazette Of India dated [01 marks]
________
(a) 6th February 2002 (c) 15th May 2002
(b) 20th September 2002 (d) 26th February 2002

XVI Under class 2 the ___________ design is registrable [01 Marks]

(a) Umbrellas (c) Cheese
(b) Clothing accessories (d) Lace

XVII Intellectual Property Right does not refer to a ________________. [01 Marks]
(a) Ideas (c) Skill
(b) Intelligence (d) Efforts

XVIII The word Patent is derived from ____________term. [01 Marks]

(a) Latin (c) Germany
(b) French (d) India

XIX The Patent Co-operative treaty was concluded on _________ 1970. [01 Marks]

(a) 20th June (c) 20th July

(b) 19th June (d) 19th July

XX In case of posthumous publication, the term will be for ______ years. [01 Marks]
 (c) 6 years (c) 60 years
(d) 50 years (d) 10 years

XXI If the assignee shall not exercise the right within _______ year, then it shall [01 Marks]
be considered as lapsed.
(c) 3 years (c) 2 years
(d) 5 years (d) 1year

XXII In India first Copyright Act was passed in ________. [01 Marks]
(a) 1914 (c) 1942
(b) 1911 (d) 1945

XXIII The design act was passed in _____________ by the British government in [01 Marks]
India.
(a) 1935 (c) 1942
(b) 1911 (d) 1945
XXIV The Design Act-2000 aims at protecting the designs which serve the [01 Marks]
purpose of _____________.
(a) Visual appeal (c) specification of Design
(b) Inner Design (d) drawings in the Design

XXV Use of Intellectual Property of others without permission is [01 Marks]

(a)Plagiarism (b) Secularism
(c)Theft ( d) none

PART-II
2 Discuss the Trade Marks which is not registrable. [05 MARKS]

3 Discuss the Patentable and non Patentable inventions. [05 MARKS]

4 Explain the different types of Trade mark. [05 MARKS]

5 Explain the term Compulsory Licence. [05 MARKS]

6 Explain the advantages of registration. [05 MARKS]

PART-III
7 Explain the meaning and scope of Passing Off

OR [05 MARKS
 Short Note for any Two
(a) Copy Right
(b) Design
(c) Trade Mark
8 Explain the Cyber crimes. [05 MARKS]

OR
Explain the Rights of Co Owners. [05 MARKS]
USN HS04
B. E. Degree (Autonomous) Seventh Semester End Examination (SEE), Dec/Jan 2019/20

Intellectual Property Rights

Model paper-1
Time: 2 Hours Maximum Marks: 50

Instructions to the students:

1. Q.No.1 is compulsory Marks
Objective:20x1=20
2.There is internal choice from Q.NO.2 to 7 Descriptive:6x5=30
3. Students must answer all the Questions.
1. Answer all the questions.
I A register to be called the ______________ containing a copy of every
Agreement entered into by copyright society with the owners for the
purpose.
[01 Marks]
(a) Register of Agreement (c)register of contract
(b) Register of sale deeds (d) register of fees

II ____________ was the first copyright Act in England was passed in 17th
century.

(a) Statute of Anne (c) Copyright Act-1911 [01 Marks]

(b) Copyright Act-1814 (d) Copyright Act-1914

III The moral right is recognized as __________ under section 57 of Copyright

(Amendment) Act-1994.

(a) Author special rights (c) Author common rights [01 Marks]
(b) Statutary right (d) Neighboring right

IV A copyright is a kind of ___________ property.

(a) Movable property (c) personal immovable property [01 Marks]

(b) Immovable property (d) personal and movable property
V The copyright will pass on to his personal representative as part of estate if
such person dies___________.
[01 Marks]
(a) Intestate
(b) Testamentary disposition(through will)
(c) Through assignment.
 (d) By operation of law

VI The single application of the Industrial Design shall be deposit with the
_____ for the International Protection of the Design under Hague
Agreement. [01 Marks]
(a) International Bureau of WIPO (c) Regional office
(b) Designated Office (d) UNO
VII The Universal Copyright Convention protects __________.

(a) Only Published work (c) Registered work [01 Marks]

(b) Published and unpublished work (d) Translated work

To protect the neighbour right is main object of which Convention

VIII ___________.

(a) To Paris convention [01 Marks]

(b) Russian convention
(c) To Rome convention
(d) None of the above
IX The Patent Law Treaty was concluded on June 1, 2000 and it is open to
State members of WIPO and___________
[01 Marks]
(a) Paris convention (c) Mired agreement
(b) Berne convention (d) All of this
X In Locarno Agreement, there are _________ members as on January-1, [01 Marks]
1996

(a) 26 (c) 29
(b) 27 (d) 25

XI There are ______ classifications of goods under Design Act-2000 [01 Marks]

(a) 31 (c) 99
(b) 14 (d) 13

XII In ________ injunction, the court has the power to freeze defendant’s assets. [01 Marks]

(a) Interim (c) perpetual.

(b) Interlocutory (d) Mareva

XIII The assignment of copyright is valid only when it is in __________ signed [01 Marks]
by the assignor or by his agent.

(a) Writing (c) Either Oral or Writing

(b) Writing and Oral (d) contract
XIV Under _____________, the Service marks were not registrable. [01 Marks]
(a) Trade mark Act-1999 (c) Trade Mark & Merchandise Act- 1958
(b) Trade mark Act-1958 (d) Trademark Amendment Act-2000
XV Trademark Rule -2002 were published in the Gazette Of India dated [01 marks]
________
(a) 6th February 2002 (c) 15th May 2002
(b) 20th September 2002 (d) 26th February 2002

XVI Under class 2 the ___________ design is registrable [01 Marks]

(a) Umbrellas (c) Cheese
(b) Clothing accessories (d) Lace

XVII Intellectual Property Right does not refer to a ________________. [01 Marks]
(a) Ideas (c) Skill
(b) Intelligence (d) Efforts

XVIII The word Patent is derived from ____________term. [01 Marks]

(a) Latin (c) Germany
(b) French (d) India

XIX The Patent Co-operative treaty was concluded on _________ 1970. [01 Marks]

(a) 20th June (c) 20th July

(b) 19th June (d) 19th July

XX The Design Act-2000 aims at protecting the designs which serve the [01 Marks]
purpose of _____________.
(a) Visual appeal (c) specification of Design
(b) Inner Design (d) drawings in the Design
2a Explain the advantages of Intellectual property. [05 MARKS]

OR
Explain meaning of Property and Intellectual property. [05 MARKS]
b

3a Explain the Infringement of Copy Right. [05 MARKS]

OR
Discuss the rights of co-owners under patent rights [05 MARKS]
b

4.a Explain the Trade mark which is non registrable under the Trade mark Act [05 MARKS]

OR
 Explain the essentials of Good Trade Mark.
b. [05 MARKS

5a Explain the procedure of Registration of Industrial Design [05 MARKS]

OR
Discuss the grounds for cancellation of Design. [05 MARKS
b
6a What is Digital Signature? [05 MARKS]

OR
What is Cyber Crime? [05 MARKS.

7a Explain Surrender & revocation of Patent. [05 MARKS]

OR
Explain Assignment of Copy Right. [05 MARKS.
b
USN HS04
B. E. Degree (Autonomous) Seventh Semester End Examination (SEE), Dec/Jan 2019/20

Intellectual Property Rights

Model paper-2
Time: 2 Hours Maximum Marks: 50

Instructions to the students:

1. Q.No.1 is compulsory Marks
2.There is internal choice from Q.NO.2 to 7 Objective:20x1=20
Descriptive:6x5=30
3. Students must answer all the Questions.
1. Answer all the Questions.
I The first owner of the question paper of an examination is _________.

(a) Examiner (c) COE [01 Marks]

(b) Principal (d) Paper setter

II The first owner of the plan of the building is _______.

(a) Client (c) Architect [01 Marks]

(b) Labour (d) Owner of the building

III The owner of the sound recording is ________.

(a) Composer (c) director [01 Marks]

(b) Producer (d) artist

IV The term of the copyright in anonymous and pseudonymous is

___________.

(a) 60 years (c) 5 years [01 Marks]

(b) 50 years (d) 10 years

V In case of posthumous publication, the term will be for ______ years.

(a) 60 years (c) 5 years [01 Marks]

(b) 50 years (d) 10 years

VI The Chairman or any other member of the Copyright Board may resign his
office by giving _______ notice in writing to the Central Government. [01 Marks]
 (a) 2 months (c) 6 months
(b) 3 months (d) 1 month

VII Assignment of CopyRight shall be in

(a) Writing (b) oral [01 Marks]

(c)a& c (d) none

_________ shall be the Secretary of the Copyright Board to perform the

VIII function as prescribed.

(a) Registrar (c) Chairman [01 Marks]

(b) Vice chairman (d) Central Government

IX The copyright board shall be deemed to be a __________.

(a) Supreme Court (c) Civil Court [01 Marks]

(b) High Court (d) Criminal Court

X A register to be called the ______________ containing a copy of every [01 Marks]

Agreement entered into by copyright society with the owners for the
purpose.

(a) Register of Agreement (c) Register of contract

(b) Register of sale deeds (d) Register of fees

XI If the assignee shall not exercise the right within _______ year, then it shall [01 Marks]
be considered as lapsed.

(a) 3 years (c) 2 years

(b) 5 years (d) 1 year

XII If the territorial limit is not mentioned in the agreement, then it will be [01 Marks]
extended to ____.

(a) Whole of India (c) Whole world

(b) Only to particular State (d) Only to particular District
XIII ____ has power to grant Patent [01 Marks]

(a) Controller (b) Examiner

(c)Opponent (d)Patentee

XIV In India first Copyright Act was passed in ________. [01 Marks]

(a) 1914 (c) 1709

(b) 1911 (d) 1842

XV Section ______ defines copyright under copyright Act-1957. [01 marks]

(a) 15 (d) 14
(b) 12 (d) 3

XVI The work of copyright which subsist in literary work is ___________. [01 Marks]

(a) tables (c) Computer programs

(b) Novel (d) All the above

XVII The work of copyright which subsist in musical work is ___________. [01 Marks]

(a) Music and its graphical notation (c) lyrics

(b) Songs (d) Performance by actors

XVIII The work of copyright which subsist in artistic work is ___________. [01 Marks]

(a) A work of architecture (c) Sculpture

(b) Map (d) All the above

XIX The first owner of the computer programme is __________. [01 Marks]

(a) Author (c) proprietor

(b) Creator (d) designer of software

XX The first owner of the cinematograph film is __________. [01 Marks]

(a) Producer (c) Actors

(b) Composer (d) Director

2a Explain the different kinds of Intellectual Property. [05 MARKS]

 OR
Explain the definition of Intellectual property. [05 MARKS
b.
3a Explain the Patentable & Non Patentable Inventions. [05 MARKS]

OR
Explain the term copy right in Different kinds of works [05 MARKS
b
4a Explain the advantages of registration of trade mark. [05 MARKS]
OR
b Discuss the offences relating to Trade Mark.
[05 MARKS

5a Define the meaning of Design under Design Act 2000. [05 MARKS]

OR
What are the grounds for cancellation of Registration of Design. [05 MARKS
b
6a Explain the salient features of Information Technology Act 2000. [05 MARKS]
OR
b What are the different kinds of Cyber Crime?
[05 MARKS

7a What is Infringement of Patent & remedies available for Infringement of [05 MARKS]
Patent?
b OR
Explain the characteristics of Copy right. [05 MARKS
USN HS04
B. E. Degree (Autonomous) Seventh Semester End Examination (SEE), Dec/Jan 2019/20

Intellectual Property Rights

Model paper-3
Time: 2 Hours Maximum Marks: 50

Instructions to the students:

1. Q.No.1 is compulsory Marks
2.There is internal choice from Q.NO.2 to 7 Objective:20x1=20
Descriptive:6x5=30
3. Students must answer all the Questions.
1. Answer all the Questions.
I The __________ appointed by the Central Government shall be the
Controller of Design for the purpose of Design Act-2000

(a) Controller –General of Patent , Design and Trademark [01 Marks]

(b) Directors
(c) State Government
(d) Supreme court

II The work of copyright which subsist in artistic work is ___________.

(a) A work of architecture (c) Sculpture [01 Marks]

(b) Map (d) All the above

III The moral right is recognized as __________ under section 57 of Copyright

(Amendment) Act-1994.
[01 Marks]
(a)Author special rights (b) Author common rights

(c) Statutary right (d) Neighboring right

IV A copyright is a kind of ___________ property.

(c) Movable property (c) personal immovable property [01 Marks]

(d) Immovable property (d) personal and movable property

V The copyright will pass on to his personal representative as part of estate if

such person dies___________.

(a) Intestate
(b) Testamentary disposition(through will) [01 Marks]
(c) Through assignment.
(d) By operation of law
 VI Intellectual Property Right does not refer to a ________________.
(a) Ideas (c) Skill
[01 Marks]
(b) Intelligence (d) Efforts

VII The Universal Copyright Convention protects __________.

(c) Only Published work (c) Registered work [01 Marks]

(d) Published and unpublished work (d) Translated work

To protect the neighbour right is main object of which Convention

VIII ___________.

(e) To Paris convention [01 Marks]

(f) Russian convention
(g) To Rome convention
(h) None of the above

IX The Patent Law Treaty was concluded on June 1, 2000 and it is open to
State members of WIPO and___________
[01 Marks]
(c) Paris convention (c) Mired agreement
(d) Berne convention (d) All of this

X The Indian Law on Patent is_____ [01 Marks]

(a)Patent Act 1970 (b)Patent Act 1988

(c)Patent Act 1994 (d) Patent Act 1999

XI The Patent Co-operative treaty was concluded on _________ 1970. [01 Marks]

(a) 20th June (c) 20th July

(b) 19th June (d) 19th July

XII In ________ injunction, the court has the power to freeze defendant’s assets. [01 Marks]

(c) Interim (c) perpetual.

(d) Interlocutory (d) Mareva

XIII The assignment of copyright is valid only when it is in __________ signed [01 Marks]
by the assignor or by his agent.

(c) Writing (c) Either Oral or Writing

(d) Writing and Oral (d) contract

XIV Under _____________, the Service marks were not registrable. [01 Marks]
(a) Trade mark Act-1999 (c) Trade Mark & Merchandise Act- 1958
 (b) Trade mark Act-1958 (d) Trademark Amendment Act-2000

XV Trademark Rule -2002 were published in the Gazette Of India dated [01 marks]
________
(a) 6th February 2002 (c) 15th May 2002
(b) 20th September 2002 (d) 26th February 2002

XVI Under class 2 the ___________ design is registrable [01 Marks]

(a) Umbrellas (c) Cheese
(b) Clothing accessories (d) Lace

XVII Intellectual Property Right does not refer to a ________________. [01 Marks]
(a) Ideas (c) Skill
(b) Intelligence (d) Efforts

XVIII The word Patent is derived from ____________term. [01 Marks]

(a) Latin (c) Germany
(b) French (d) India

XIX The Patent Co-operative treaty was concluded on _________ 1970. [01 Marks]

(a) 20th June (c) 20th July

(b) 19th June (d) 19th July

XX In case of posthumous publication, the term will be for ______ years. [01 Marks]

(a) 6 years (c) 60 years

(b) 50 years (d) 10 years

2a Explain Copyright, Patent & Geographical Indication. [05 MARKS]

OR
Explain Tangible & Intangible Property. [05 MARKS
b
3a Discuss the Patentable and non Patentable inventions. [05 MARKS]

OR
Explain the Registration Procedure of Patent. [05 MARKS
b
4a Explain the different types of Trade mark. [05 MARKS]

Or
Discuss the Trade Marks which is not registrable. [05 MARKS
b
5a Discuss the essential requirements of Registration of Designs. [05 MARKS]

Or
 Explain the definition of Design.
[05 MARKS

6a Explain the different kinds of Cyber crimes. [05 MARKS]

OR
b Explain E-Commerce
[05 MARKS

7a Explain the rights & duties of a patentee. [05 MARKS]

Or
b Explain the modes of Infringement of Copy right.
[05 MARKS
 INTELLECTUAL PROPERTY RIGHTS (2019-20)
Subject Code: 18HS52 No. of Credits: 2 No of lecture hours per
week: 2 Hrs
Exam Duration: 2 Exam Marks: 50 Total No. of lecture hours:
HOURS 26hrs
Course Objective:
1. The main objective of the IPR is to make the students aware of their rights for the
protection of their invention done in their project work.
2. To get registration in our country and foreign countries of their invention, designs and
thesis or theory written by the students during their project work and for this they must
have knowledge of patents, copy right, trademarks, designs and information Technology
Act.
3. Further teacher will have to demonstrate with products and ask the student to identify
the different types of IPR’s.
units Syllabus Content Hours

INTRODUCTION: Meaning of property, Origin, Nature, Meaning of

Intellectual Property Rights, Provision of IPR under TRIPS and WTO.
1 Kinds of Intellectual property rights—Copy Right, Patent, Trade Mark, 03
Trade Secret and trade dress, Design, Layout Design, Geographical
Indication, Plant Varieties and Traditional Knowledge.

PATENT RIGHTS AND COPY RIGHTS— Origin, Meaning of Patent,

Types, Inventions which are not patentable, Registration Procedure,
Rights and Duties of Patentee, Assignment and licence , Restoration of
2 lapsed Patents, Surrender and Revocation of Patents, Infringement, 10
Remedies & Penalties.
COPY RIGHT—Origin, Definition &Types of Copy Right, Registration
procedure, Assignment & licence, Terms of Copy Right, Infringement,
Remedies, Copy rights with special reference to software.
TRADE MARKS— Origin, Meaning & Nature of Trade Marks, Types,
3 Registration of Trade Marks, Infringement & Remedies, Offences 04
relating to Trade Marks, Passing Off, Penalties.
DESIGN- Meaning, Definition, Object, Registration of Design,
Cancellation of Registration, International convention of design- types
4 05
and functions.
Semiconductor Integrated circuits and layout design Act-2000.
BASIC TENENTS OF INFORMATION TECHNOLOGY ACT-2000-
5 04
Cyber crimes, digital signature and E-Commerce.
Course outcomes:
• The students once they complete their academic projects, they get awareness of
acquiring the patent
• They also learn to have copyright for their innovative works.
• They also get the knowledge of plagiarism in their innovations which can be
questioned legally.
TEXT BOOKS:

• 1. Intellectual Property Rights and the Law, Gogia Law Agency, by Dr. G.B. Reddy
• 2. Law relating to Intellectual Property, Universal Law Publishing Co, by Dr.
B.L.Wadehra
• 3. IPR by P. Narayanan
• 4. Law of Intellectual Property, Asian Law House, Dr.S.R. Myneni.