1) Advantages of IPR

SOL:

Definition: 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.
Advantages:
• Provides exclusive rights to the creators or inventors.
• Encourages individuals to distribute and share information and
data instead of keeping it confidential.
• Provides legal defense and offers the creators the incentive of
their work.
• Helps in social and financial development.
• Prevent plagiarism.
• Prevent others using it.
• Prevent using it for financial gains.
• Fulfill obligation to funding agency.
• Support income generation strategy.
•
2) Explain infringement of copy right

SOL:

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.

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.

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.

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/-.

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.

3) Discuss the rights of co-owners under patent rights

SOL:

The following provisions are mentioned in Indian Patents Act, 1970 with
regards to patent licensing;

• An owner of a patent can grant license however, a co-owner

cannot grant a license without the consent of the other
owner/owners.
• The agreement between the parties should be documented.
• Unless made in a writing form, a license or any other interest in a
patent is not valid.
• The agreement should be prepared on a stamp paper according to
the Indian Law on Stamp duties.
• The terms and conditions of the agreement should be clear,
concise and explicit.
• Following the signing of the license agreement, the party acquiring
the license (licensee) has to write to the Controller to register the
title or interest in the patent within six months from the date of
agreement.
• The document registered will be effective from the date of its
execution and not from the date of registration.
• An application by the licensor for registration of transfer of interest
is also to be filed before the Controller of Patents.
• The terms of license shall be kept confidential by the controller, if
requested by the patentee or licensee.

• A patent grants the patent holder the right to stop others from
making, using, selling or offering for sale the patent owner’s
invention without his consent.
• Therefore, a patent owner can license his/her inventions to others
on mutually agreed terms and conditions of the contract.
• A patentee can transfer a right by a license to any person seeking
the rights to work the invention at any time before the expiry of
the patent.
• License is granted in the form of an agreement which contains all
the terms and conditions of licensing between the licensor and
licensee. A license to use the patent may be granted after filing of
provisional specification.

4) Explain the trademark which is non registrable under trade mark act
SOL:

The marks that are not distinctive enough from other marks and
which cannot be registered as a trademark are called Non-
 Registrable marks. This means that the mark has failed to
differentiate itself from other goods and services. Hence, trademark
registration cannot be obtained for non-registrable marks.

The Trade marks which are not registrable in India are those which lack
distinctiveness, and which are likely to cause deception or confusion in
the mind of the public/ consumer

Besides the above, other marks which are not registrable as trade marks
in India are as follow:

• Trade marks that are likely to hurt religious sentiments of any

community;

• Trade marks that comprises any scandalous or obscene matter;

• Trade marks the use of which is prohibited under the Emblems

and Names (Prevention of Improper Use) Act, 1950, e.g. the Red
Cross, the National Emblem etc.
• Trade marks for the shape of goods which is purely functional or
necessary to obtain technical result or which gives substantial
value to the goods.
• Example: National emblem, ashoka chakra, addition symbol
• Marks that cannot be accepted according to the law of Trademark
Act.
• Marks that mislead or tends to cause confusion to the public.
• Marks consist of subject matter that hurt the religious senses of
any class or sections of the Indian citizens.
• Marks that contain improper or vulgar subject matter.
• Marks of the goods whose shapes are directly obtained from the
nature of the goods.
• Marks of the goods whose shapes are important to acquire a
technical result.
• Marks that are similar in identity to another good or product.

5) Explain the essentials of good trade mark.

SOL:

• It should be easy to pronounce and remember, if the mark is a word

 • The device should be capable of being described by a single word
• It should be of such character, which males it spell correctly and
write legibly
• It should be short.
• It should be attractive to eye
• It should satisfy the requirement of Registration.
• Should not fall with in Prohibited Marks of Registration.
• Not descriptive but suggestive of quality.
• Easy to recognise & remember.
• Easy to pronounce.
• Easy to spell correctly write legibly.
• device to be caable of being Distinguished in a single word.

6) Explain the procedure of Registration of Industrial Design

SOL:

• Submit a duly filled in registration form with the

prescribed fees along with four copies of the
representation of the Design
• The Application along with the required documents must
be submitted to the Design Wing of the Patent Office
in Kolkata or to any branch office of the Patent Office in
Delhi, Mumbai or Chennai.
• On receipt of the application in the Patent Office, the
Application is numbered, dated and taken up
for examination.
• If any defects are noticed in the Application, they are
communicated to the Applicant or to his Agent.
• The defects must be corrected within a period of 6
months from the official date of Application.
• If the defects are not rectified, as required by the Controller
a personal hearing is provided to the applicant.
• The Applicant can appeal to the High Court (within 3
months from the date of the Controller’s decision)
• Once accepted the Application is notified in the Patent
Office Journal.
7) Discuss the grounds for cancellation of Design

SOL:

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.

8) What is Digital Signature?

SOL:A Digital Signature Certificate equips you with the digital

investment required to conduct transactions in a highly secure manner,
ensuring absolute privacy for the information you wish to exchange.

It validates your identity, making you a trustworthy entity in the digital

world and encrypts your valuable information such that only the chosen
recipients can read it.

The host of benefits offered by Digital Signature Certificates

• Make online transactions secure and authentic.
• Establish ownership of a domain.
• Filing income tax returns, accessing e-tenders, signing web
applications and web pages --- without relying on a user name and
password.
Main use of affixing of Digital Signature are

• Authenticity of the originator

• Authenticity of the document
• Non repudiation
 9) What is Cyber Crime?Different kinds of cyber crime
SOL:

Cyber crimes are any crimes that involve a computer and a network. In some
cases, the computer may have been used in order to commit the crime, and in
other cases, the computer may have been the target of the crime.

• It could be hackers vandalizing your site, viewing confidential

information, stealing trade secrets or intellectual property with the use
of internet.
• Cyber crimes also includes criminal activities done with the use of
computers i.e. financial crimes, sale of illegal articles, pornography,
online gambling, intellectual property crime, e-mail, spoofing,
forgery, cyber defamation, cyber stalking, unauthorized access to
Computer system, theft of information contained in the electronic
form, e-mail bombing, physically damaging the computer system etc.

• Harassment via E-Mails: It is very common type of harassment

through sending letters, attachments of files & folders i.e. via e-mails.
At present harassment is common as usage of social sites i.e.
Facebook, Twitter etc. increasing day by day.
• Cyber-Stalking: It means expressed or implied a physical threat that
creates fear through the use to computer technology such as internet,
e-mail, phones, text messages, webcam, websites or videos.
• Dissemination of Obscene Material: It includes Indecent exposure/
Pornography (basically child pornography), hosting of web site
containing these prohibited materials. These obscene matters may
cause harm to the mind of the adolescent and tend to deprave or
corrupt their mind.
• Defamation: It is an act of imputing any person with intent to lower
down the dignity of the person by hacking his mail account and
sending some mails with using vulgar language to unknown persons
mail account.
• Hacking: It means unauthorized control/access over computer system
and act of hacking completely destroys the whole data as well as
computer programmes. Hackers usually hacks telecommunication and
mobile network.
 • E-Mail Spoofing: A spoofed e-mail may be said to be one, which
misrepresents its origin. It shows it’s origin to be different from which
actually it originates.

10) Explain Surrender and Revocation of patent.

SOL:

SURRENDER:

• 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:

3. Reissue of defective patents

REVOCATION:

• 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 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.
The following persons can file the revocation 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

11) Explain Assignment of Copy Right

SOL:

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 .
• 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.

12) Explain the different kinds of Intellectual Property.

SOL: The diff kinds of IPR are,

1)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.
 • The term of every patent granted under the Act is
twenty years from the date of filing.

An application for a patent for an invention can be

made by any of the following persons either alone or jointly
with another:

• true and first inventor

• his /her legal assignee
• legal representative of deceased inventor or assigne

2)Copyright:

• 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.
• Copyright ensures certain minimum safeguards of the
rights of authors over their creations, thereby copyright
should be protected.
• The author is the first owner of copyright in a work.

3)Trademark:

• A trademark, is a recognizable sign, design,

or expression which identifies products or services of a
particular source from those of others.
• The Trademarks used to identify services are usually
called service marks.
• Collective Marks are the Marks being used by a group of
companies can now be protected by the group collectively.

4)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.

13)Explain the patentable and non patentable inventions.

SOL:

PATENTABLE INVENTIONS:

• 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.

NON PATENTABLE INVENTIONS:The following are not patentable in

India:-

• An invention, that is frivolous or that claims anything

obviously contrary to well established natural laws;
 • An invention, the primary or intended use of which would be
contrary to law or morality or injurious to public health;
• The mere discovery of a scientific principle or the formulation
of an abstract theory;
• The mere arrangement or rearrangement or duplication of
known devices, each functioning independently of one
another in a known way;
• A method of agriculture or horticulture;
• Inventions relating to atomic energy.
• Presentation of information.
• Topography of integrated circuits.

14)Explain the term copyright in different kinds of works

SOL:

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

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

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.

CINEMATOGRAPH WORK:

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.

SOUND RECORDING WORK:

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

To communicate the sound recording to the public.

15) Explain advantages of registration of trade mark.

SOL:

• The owner of Registered Trademark enjoys exclusive right over

the trademark. The owner can use the same for all the products
falling under the class(es) applied. Further, the owner can enjoy
the sole ownership of the Trademark and can stop other from the
unauthorised use of the Trademark under the same class where it
is registered.
 • The established quality of your product and services are known by
everyone through the trademark and which establishes trust and
goodwill among the customers in market. It helps in creating
permanent customers who are loyal and always opt for the same
brand.
• It makes easy for customers to find your products. It makes your
product and identity of products different from that of the existing
and foreseen competitors and acts as efficient commercial tool.
The logo can communicate your vision, quality or unique
characteristic of your company and any organisation.
• It gives recognition to the quality of the product. Customers attach
the product’s quality with the brand name and this image is created
in the market about the quality of a particular brand which helps in
attracting new customers as they can differentiate the quality of a
product by the logo/brand name.

• Registration of Trademark creates an intangible asset i.e.

Intellectual Property for an organisation. Registered trademark is a
right created which can be sold, assigned, franchised or
commercially contracted.

• Once the trademark is registered you can use the ® symbol on

your logo stating that it is a registered trademark and no one can
use the same trademark.

16) Discuss the offences relating to trade mark.

SOL:

Any individual who either sells products or services through an

unauthorized trademark or false trade details is considered to be a
punishable act with imprisonment for a term of not less than six months
and up to three years. A fine of fifty thousand to a maximum amount of
two lakh rupees.
However, an individual can be safe from being punished if he/she
proves:

They have taken all possible precautions against committing an offence

and while committing the offence they were not aware of the original
and had no reason to suspect the genuineness of the applied trademark.

• In accordance with the law and on behalf of the prosecutor, they

shall give all the information in their control with regard to the
person from whom they obtained any such products or services.
• That, he/she otherwise had acted innocently.

17) Define meaning of Design under Design Act 2000

SOL:

"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.

18)Explain the salient features of Information technology Act 2000

SOL: The salient features of the I.T Act are as follows −

• Digital signature has been replaced with electronic signature to

make it a more technology neutral act.
• It elaborates on offenses, penalties, and breaches.
• It outlines the Justice Dispensation Systems for cyber-crimes.
• It defines in a new section that cyber café is any facility from where
the access to the internet is offered by any person in the ordinary
course of business to the members of the public.
• It provides for the constitution of the Cyber Regulations Advisory
Committee.
• It is based on The Indian Penal Code, 1860, The Indian Evidence
Act, 1872, The Bankers' Books Evidence Act, 1891, The Reserve
Bank of India Act, 1934, etc.
• It adds a provision to Section 81, which states that the provisions of
the Act shall have overriding effect. The provision states
that nothing contained in the Act shall restrict any person from
exercising any right conferred under the Copyright Act, 1957.
19. What is Infringement of Patent and remedies available for
infringement of patent

SOL:

• Patent infringement means violation of exclusive rights of patent

holder.
• Patent rights are exclusive rights granted by the government to an
inventor over an invention for limited period of time
 • If any person exercise the exclusive rights of patent holder without
patent holder authorization then that person is liable for patent
infringement
• Types of Patent Infringement
1)Direct
2)Indirect

Remedies for Patent Infringement:

• The claim of patent by the patentee during the lawsuits are being
tested for innovativeness and patentability of the patent. If the
court is not convinced with these aspects, in many cases, the
patent claim of patent applicant was dismissed by Indian judiciary.
• However, if the patent right is established by the patentee, by
establishing three essential elements like prima facie case,
irreparable injury and balance of convenience, in such cases,
injunction orders were passed by the courts to prevent the
infringement; and suitable remedies to protect the patent rights
were also passed in various patent infringement.
• In the case of infringement of the patent, there can be a suit filed
in the appropriate court, which may be a District Court or a High
Court. In case a patent infringement suit is filed in a district court
and a counter claim is filed by a defendant, the patent
infringement suit is transferred to a High Court.
• In the infringement suit, the plaintiff can seek an injunction and
damages or order for an account for profits from the potential
infringer of the patent. Where the defendant proves that at the
time of infringement, he was not aware of and had no reasonable
grounds to believe that the patent existed, an order for damages
or accounts for profits is not granted.
• Therefore, the patentee should take steps to convey to the general
public that his product or process is patented.

20) Explain characteristics of copyright.

SOL:

CHARACTERISTICS OF COPYRIGHT

Copyright is not a single right rather it is collection of rights.Following are

the characteristic features of copy right.

1. Creation of a statute

Copyright is formation of a particular statute under the present

law. This law is applicable only on work which are as per the provision
of this act i.e.any work can not qualify for copyright.

2. Some Form of intellectual property

A copyright is a form of intellectual property because it protects the

product of a human mind.

3. Monopoly right

Copyright is monopolistic in nature. It restricts others from using the

rights of a copyright owner.

4. Negative right

Copyright is a negative right it stops others from copying the work

protected under copyright.

5. Object of copyright

The basic aim of copyright law is to motivate authors, composers and

artists to create original works by giving them exclusive right for a
specified period of time.

6. Multiple rights

Copyright is not a single right. It consists of a collection of different

rights in the same work. For example, a literary work copyright includes
the right issuing copies of work, translation of work etc.

7. Neighbouring rights
Copyright Act explains broadcasters’ and performers’ rights, they are
known as “neighbouring rights”. They were created for performing
artists, producers of phonogrammes, and people involved in
broadcasting (radio or television).

21) Explain tangible and intangible property

SOL:

Property is an external thing that can be owned or possessed. Property

can be divided into two categories: 1)tangible 2)intangible.

Tangible:

• The word tangible refers to something that has a definable

physical form that can be felt or touched.
• They are used primarily in the operation of the business to produce
products or services. Since tangible assets are often purchased,
they are much more easily valued than intangible assets.
• Tangible assets can be accounted for as either long-term or
current assets depending on their estimated life.
• These types of assets include buildings, automobiles, physical
inventory, furniture and machines. They depreciate in value over
time.

Intangible:

• The word intangible refers to something that cannot be perceived

by the senses.
• Intangible assets do not have a physical character. Yet, they are
essential to the continued operation of a business.
• These types of assets can have either a definite or indefinite life
depending on the type of asset.
• Examples of intangible assets include goodwill, intellectual
property (patents, copyrights and trademarks), brand names,
customer relationships, contracts and non-compete agreements.
22)Explain registration procedure of patent

SOL: 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
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
To find out whether your invention meets all patentability criteria as per
Indian patent act? That is,
• Novelty
• Non-obviousness
• Industrial application
• Enabling
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,
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
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.
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
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..
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.
Step 10: Grant of patent
The application would be placed in order for grant once it is found to be
meeting all patentability requirements.

23)Explain different types of trademark.

SOL:

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.

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.

24) Discuss essential requirements of Registrayion of Design.

SOL:

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.

25)Explain E-Commerce
SOL: The term e-commerce or electric commerce refers to a comprehensive
system of trading that uses networks of computers for buying and selling of
goods, information and services. In simple words, e-commerce refers to buying
and selling of goods, information and services through electronic means.

Thus, e-commerce includes buying and selling of

1. Goods- e.g. digital cameras, music systems, clothes, accessories

2. Information-e.g. subscription to some law site may give access to some

court cases

3. Services-e.g. matrimonial services through shaadi.com, placement services

through naukri.com

Benefits of E-Commerce
E-Commerce is gaining popularity because it offers the following benefits.

1)Global market 4)24x7 Working

2)Lower Transaction cost 5)Customer convinience

3)Higher Margins 6)Customer Satisfaction

27)Explain rights and duties of a patentee

SOL:

1)Right to exploit the Patent

When the new invention is a product, the Patentee has the exclusive
rights to use, make, import, or sell for these purposes related to an
invention in India.

2)Right to Grant License

The Patentee of a Patent is given the right to grant license or

transfer rights or enter into some arrangement for some consideration.

3)Right to Surrender

By giving notice in the prescribed manner, the Patentee of a Patent

has the right to surrender a Patent at any time and at his/her own
discretion.

4)Right to sue for Infringement

The Patentee has the right to sue for Infringement of Patent in

District Court has the jurisdiction to try the suit.

5)Right to Use and Enjoy Patent

The Patentee of the Patent has the exclusive right to exercise,

make, utilize, convey or offer or the patented substance or article in India
or to practice or utilize or the process or techniques associated with the
invention.
Duties of a patentee:

1)Duty to disclose

2) Duty to request for examination

3) Duty to respond for objections

4) Duty to clear all objections

5) Duty to pay statuatory fees