unit1

1.Define Research. Mention the objectives behind

engineering research.

•The word research is derived from the Middle French "recherche", which means
"to go about seeking"
•Research is "creative and systematic work undertaken to increase the stock of
knowledge"
•The systematic investigation into and study of materials and sources in order to
establish facts and reach new conclusions.
•According to Kothari (2004), defines that the research is an original contribution
to the existing stock of knowledge making for its development. The systematic
approach concerning generalizations and formulation of a theory is also research.

Research consists of:

• Asking a question that nobody has asked before;
• Doing the necessary work to find the answer; and
• Communicating the knowledge you have acquired to a larger audience.

Objectives of Engineering Research

•To acquire the ability to connect different areas.
•Nourishment and Exercise for the Mind
•Adding (maybe small and specific, yet original) contribution to that of
existing body of knowledge.
•To gain familiarity with a phenomenon or to achieve new insights into it
•To solve a problem
•A Way to Prove Lies and to Support Truths
•To determine the frequency with which something occurs or with which it is
associated with something else
•To test a hypothesis of a causal relationship between variables
•Means to Find, Gauge, and Seize Opportunities
•Means to Understand Various Issues and Increase Public Awareness
•

2.Describe the Research process with a flowchart.

Research is a process of
creating, or formulating knowledge that does not yet exist.
Booth et al. [1] explains that the research cycle starts with basically a practical
problem: one must be clear what the problem being attempted to solve is and
why
it is important. This problem motivates a research question without which one
can
tend to get lost in a giant swamp of information. The question helps one zero
in onto
manageable volume of information, and in turn defines a research project
which is
an activity or set of activities that ultimately leads to result or answer, which
in turn
helps to solve the practical problem that one started with in the first place as
shown
in Fig. 1.1.
The building up of background for doing research includes one to acquire the
ability to connect different areas. The purpose is to prepare the mind for
active work
as opposed to becoming a repository or an encyclopedia. Research is not just
about
reading a lot of books and finding a lot of, gathering a lot of existing
information.
It is instead adding, maybe small and specific, yet original, contribution to
that
existing body of knowledge. So, research is about how one poses a question
which
has relevance to the world that we are living in, and while looking for that
answer
one has to be as systematic as one can be. There must be a balance between
what is
achievable in a research program with a finite endpoint and also, the
contribution it
is going to make. The objective of a good research program is to try and gain
insight
into something. Or indeed, to try and solve a problem. Good research
questions
develop throughout the project actually and one can even keep modifying
them.
Through research, one would like to make, or develop, new knowledge about
theworld around us which can be written down or recorded in some way, and
that
knowledge can be accessed through that writing or recording.
The ways of developing and accessing knowledge come in three, somewhat
over-
lapping, broad categories:
(i) Observation is the most fundamental way of obtaining information from a
source, and it could be significant in itself if the thing that we are trying to
observe is really strange or exciting, or is difficult to observe. Observation
takes different forms from something like measurements in a laboratory to a
survey among a group of subjects to the time it takes for a firmware routine to
run. The observational data often needs to be processed in some form and this
leads to the second category of knowledge, the model.
(ii) Models are approximated, often simplified ways of describing sometimes
very
complex interactions in the form of a statistical relationship, a figure, or a set
of mathematical equations. For instance, the modeling equation captures the
relationship between different attributes or the behavior of the device in an
abstract form and enables us to understand the observed phenomena [2].
(iii) The final category is a way of arranging or doing things through
processes,
algorithms, procedures, arrangements, or reference designs, to get a certain
desired result.

3.Discuss the types of research misconduct.

1 falsification
Falsification (Inappropriate alteration of data): Falsification is the misrepre-
sentation or misinterpretation, or illegitimate alteration of data or
experiments,
even if partly, to support a desired hypothesis even when the actual data
received
from experiments suggest otherwise.
Falsification and fabrication of data and results, hamper engineering
research,
cause false empirical data to percolate in the literature, wreck trustworthiness
of individuals involved, incur additional costs, impede research progress, and
cause actual and avoidable delays in technical advancement. Misleading data
can also crop up due to poor design of experiments or incorrect measurement
practices.
Fabrication and falsification of data in published content can hurt honest
researchers getting their work published because what they can churn out
may short fall of what is already published through misconduct till the
misconduct is established and subse-quently retracted.
The image of engineering researchers as objective truth seekers is often
jeopar-
dized by the discovery of data related frauds. Such misconduct can be
thwarted
by researchers by always trying to reproduce the results independently when-
ever they are interested to do further work in a published material which is
likely to be part of their literature survey.
2 Plagiarism (Taking other’s work sans
attribution):Plagiarism takes place when
someone uses or reuses the work (including portions) of others (text, data,
tables, figures, illustrations or concepts) as if it were his/her own without
explicit
acknowledgement. Verbatim copying or reusing one’s own published work is
termed as self-plagiarism and is also an unacceptable practice in scientific lit-
erature. The increasing availability of scientific content on the internet seems
to encourage plagiarism in certain cases, but also enables detection of such
practices through automated software packages.

3 Fabrication (Illegitimate creation of data): Fabrication is the act

of conjuring
data or experiments with a belief of knowledge about what the conclusion of
the analysis or experiments would be, but cannot wait for the results possibly
due to timeline pressures from supervisor or customers.

(i) Original author comes to know and informs everyone concerned.

(ii) Sometimes a reviewer finds out about it during the review process.
(iii) Or, readers who come across the article or book, while doing research.
Although there are many free tools and also paid tools available that one can
procure institutional license of, one cannot conclusively identify plagiarism,
but can only get a similarity score which is a metric that provides a score of
the
amount of similarity between already published content and the unpublished
content under scrutiny.
However, a low similarity score does not guarantee that the document is pla-
giarism free. It takes a human eye to ascertain whether the content has been
plagiarized or not. It is important to see the individual scores of the sources,
not just the overall similarity index. Setting a standard of a maximum
allowable
similarity index is inadequate usage of the tool. Patchwork plagiarism is more
difficult to evaluate.
There are simple and ethical ways to avoid a high similarity count on an about
to be submitted manuscript. Sometimes, certain published content is perfect
for
one’s research paper, perhaps in making a connection or fortifying the argu-
ment presented. The published material is available for the purpose of being
used fairly. One is not expected to churn out research outcomes in thin air.
However, whatever is relevant can be reported by paraphrasing in one’s own
words, that is, without verbatim copy. One can also summarize the relevant
content and naturally, the summary invariably would use one’s own words. In
all these cases, citing the original source is important. However, merely
because
one has cited a source, it does not mean that one can copy sentences (or para-
graphs) of the original content verbatim. A researcher should practise writing
in such a way that the reader can recognize the difference between the ideas
or results of the authors and those that are from other sources. Such a prac-
tice enables one to judge whether one is disproportionately using or relying on
content from existing literature.
(iv) Other Aspects of Research Misconduct: Serious deviations from accepted
con-
duct could be construed as research misconduct. When there is both deception
and damage, a fraud is deemed to have taken place. Sooner or later ethical
violations get exposed. Simultaneous submission of the same article to two
different journals also violates publication policies. Another issue is that when
mistakes are found in an article or any published content, they are generally
not reported for public access unless a researcher is driven enough to build on
that mistake and provide a correct version of the same which is not always the
primary objective of the researcher.
4. What are copyright infringements? Enlist the following
acts regarded as an infringement of Copyrights.
(not needed only for fill paper)

Unit 2

1.Explain the process and purpose of Literature Review.

2.Discuss the Logical approach for identifying articles and
reading them for effective research.
3.What is citation? Explain the Impact of title and keywords
on Citations.

Citations: (references) credit others for their work, while allowing the readers to trace
the source publication if needed. Any portion of someone else’s work or ideas in
papers, patents, or presentations must be used in any new document only by clearly
citing the source. This applies to all forms of written sources in the form of texts,
images, sounds, etc. and failure to do may be considered plagiarism which will be
described in detail in subsequent chapters of this book.

•The citation rate of any research paper depends on various factors including
significance and availability of the journal, publication types, research area,
and importance of the published research work.
•Other factors like length of the title, type of the title, and selected keywords
also impact the citation count.
•Title is the most important attribute of any research paper.
•It is the main indication of the research area or subject.
•A good title is informative, represents a paper effectively to readers, and
gains their attention.
•The download count and citation of a research paper might be influenced by
title.
•There are three different aspects which provide a particular behavior to the
title: (i) types of the title, (ii) length of the title, and (iii) presence of specific
markers

4. Explain need of acknowledgments and Attributions in

research work.

•Acknowledgment section is a place to provide a brief appreciation of the

contribution of someone or an organization or funding body to the present
work.
•Acknowledgment is a common practice to recognize persons or agencies for
being responsible in some form or other for completion of a publishable
research outcome.
•In engineering research, acknowledgments are meant for participating
technicians, students, funding agency, grant number, institution, or anyone
who provide scientific inputs, shared unpublished results, provided
equipment, or participated in discussions.
•Acknowledgment displays a relationship among people, agencies, institutions,
and research.
•Classification of acknowledgment: moral, financial, editorial, institutional or
technical, and conceptual support.
Unit 3

1.Explain the necessity of Intellectual property rights.

Intellectual Property (IP):

• IP is a special category of property created by human intellect (mind) in the fields of arts,
literature, science, trade, etc.
• Since IP is a novel creation of the mind, it is intangible (i.e. invisible and indivisible) in
nature and differs from the tangible property, such as land, house, gold and car with which
we are quite familiar.
Intellectual Property Rights (IPR):
• IPR are the privileges accorded to the creator/inventor (of IP) in conformance with the
laws. These rights are given to the creator/inventor in exchange for revealing the process
of creation/invention in the public domain.
• The inventor is conferred with the special rights to use, sell, distribute, offering for sale
and restricting others from using the invention without his prior permission. The
aforementioned rights do not apply to the physical object (e.g. book or computer or mobile
phone) in which the creation may be embodied but attributed to the intellectual creativity.

Categories of Intellectual Property

One can broadly classify the various forms of IPRs into two categories:
•
IPRs that stimulate inventive and creative activities (patents, utility models, industrial
designs, copyright, plant breeders’ rights and layout designs for integrated circuits) and
•
IPRs that offer information to consumers (trademarks and geographical indications). IPRs
in both categories seek to address certain failures of private markets to provide for an
efficient allocation of resources
IP is divided into two categories for ease of understanding:
• Industrial Property
• Copyright
Industrial property, which includes inventions (patents), trademarks, industrial designs,
and
geographic indications of source; and Copyright, which includes literary and artistic works
such
as novels, poems and plays, films, musical works, artistic works such as drawings,
paintings,
photographs and sculptures, and architectural designs. Rights related to copyright include
those of
performing artists in their performances, producers of phonograms in their recordings,
and those
of broadcasters in their radio and television programs
Intellectual property shall include the right relating to:
• Literary, artistic and scientific works;
• Performance of performing artists;
• Inventions in all fields of human endeavour;
• Scientific discoveries;
• Industrial designs;
• Trademarks, service marks and etc;
• Protection against unfair competition.
Broadly, IP comprises of two branches i.e. Copyrights and Related Rights‘ and Industrial
Property
Rights‘. Copyrights and Related Rights‘ refer to the creative expressions in the fields of
literature
and art, such as books, publications, architecture, music, wood/stone carvings, pictures,
portrays,
sculptures, films and computer-based softwares/databases. The Industrial Property Rights‘
refer
to the Patents, Trademarks, Trade Services, Industrial Designs and Geographical
Indications.

(or)chat.openai.
Intellectual property rights (IPRs) are essential for several reasons, all of which contribute
to fostering innovation, creativity, economic growth, and the overall advancement of
society. Here are some key reasons why intellectual property rights are necessary:

1. **Incentive for Innovation and Creativity**: IPRs provide creators, inventors, and
innovators with exclusive rights to their creations, inventions, and discoveries. This
exclusivity incentivizes individuals and organizations to invest time, effort, and resources
into research, development, and creative endeavors, knowing that they can reap the
rewards of their intellectual efforts through protection and commercialization of their
work.

2. **Protection of Investment**: Developing new inventions, creative works, or innovative

processes often requires significant investment of time, money, and resources. Intellectual
property rights protect these investments by granting exclusive rights to exploit and profit
from the intellectual assets, thereby providing a return on investment and incentivizing
further investment in innovation and creativity.

3. **Encouragement of Competition**: Intellectual property rights encourage healthy

competition by providing creators and innovators with a competitive advantage in the
marketplace. Competitors are incentivized to develop new and improved products,
technologies, and services to compete with existing intellectual property, leading to
innovation, quality improvements, and consumer choice.

4. **Economic Growth and Development**: Strong intellectual property rights contribute

to economic growth by fostering innovation, entrepreneurship, and technological progress.
Intellectual property-intensive industries, such as technology, pharmaceuticals,
entertainment, and manufacturing, drive economic development, create jobs, attract
investment, and stimulate trade and exports.

5. **Cultural and Artistic Preservation**: Copyrights protect literary, artistic, and cultural
works, preserving and promoting cultural heritage and diversity. Intellectual property
rights encourage the creation, preservation, and dissemination of cultural expressions,
literature, music, films, and other forms of artistic expression, enriching society and
promoting cultural exchange and understanding.
6. **Consumer Protection and Safety**: Intellectual property rights help ensure consumer
safety and product quality by enabling companies to maintain control over the production,
distribution, and sale of their products. Trademarks, for example, enable consumers to
identify and differentiate between genuine products and counterfeit or inferior goods, thus
safeguarding consumer rights and protecting public health and safety.

7. **International Trade and Investment**: Intellectual property rights play a crucial role
in international trade and investment by facilitating technology transfer, licensing
agreements, and foreign direct investment. Strong intellectual property protection
encourages cross-border collaboration, innovation, and the transfer of technology and
know-how, thereby promoting global economic integration and development.

In summary, intellectual property rights are necessary to incentivize innovation and

creativity, protect investments, encourage competition, drive economic growth, preserve
cultural heritage, ensure consumer protection, and facilitate international trade and
investment. By fostering an environment conducive to innovation and knowledge-sharing,
intellectual property rights contribute to the overall welfare and progress of society.
2.What is a Patent? What are the criteria of patentability.

A patent:A patent is an exclusive right granted for an innovation that

generally provides a new way of doing something or offers a new technical
solution to a problem. The exclusive right legally protects the
invention from being copied or reproduced by others. In return, the invention
must be disclosed in an application in a manner sufficiently clear and
complete to enable it to be replicated by a person with an ordinary level of
skill in the relevant field. The requirements of patentability may be
categorized as novelty, utility, and nonob-viousness.
1. Novelty :is a critical requirement which is central to the patent system. In
mostcountries, no public disclosure should have taken place before filing takes
place.That is why researchers should be very careful that they do not make
any presen-tation or communicate any manuscript containing the contents of
the patent toany journal before the patent filed and published. In order for a
single reference (a technical paper or an earlier patent) to anticipate an
invention, all of the limitations must be in it. The examiner is not supposed to
combine multiple sources to argue anticipation. However, several references
may be combined to show obviousness and so non-patentability.
2. Utility/Industrial Application: A proposed invention must be able
to perform thespecified functions and achieve certain beneficial results. A
critical requirementfor a patent to be granted, is that the invention should do
what is claimed inthe patent, such that the society benefits before granting an
exclusive right to anyone. However, the invention need not be superior to
existing products. In some countries, the invention must be legal, moral, and
in line with public policy.
3. Nonobviousness/Inventive Step: Obviousness or “inventive step”
requires that the invention cannot be put together from different pieces of
known information by a person with average skill in the art, thereby ensuring
that a patent is granted only for significant improvement over the prior art.
An invention may be obvious despite not being exactly disclosed in prior art.
If the prior art discloses most of the intended claims, the obvious conclusion
could be that the claims are “obvious”over that reference, especially if other
references can combine with the first one to disclose the entire claimed
invention.

3.Discuss the rights associated with patents.

● As per the Court of Law, a patent owner has the right to decide who
may or may not use the patented invention.
● In other words, the patent protection provided by the law states that
the invention cannot be commercially made, used, distributed,
imported, or sold by others without the patent owner's consent.
● The patent owner may permit other parties to use the invention on
mutually agreed terms.
● As a matter of fact, the patent rights are negative rights as the owner is
restricting others from using the patent in any manner without his prior
permission.
● The patent holder may choose to sue the infringing party to stop illegal
use of the patent and also ask for compensation for the unauthorized
use.
4 .List and explain in detail about various types of
intellectual property rights.

Intellectual property (IP) rights are legal rights that protect creations of the
mind, such as inventions, literary and artistic works, designs, symbols, names,
and images used in commerce. These rights provide creators with exclusive
rights to their creations, allowing them to benefit financially and control the
use of their creations. There are several types of intellectual property rights,
each designed to protect different types of creations. Here are the main
categories:

1. **Patents**: Patents protect inventions and innovations, granting the

inventor exclusive rights to make, use, and sell the invention for a limited
period (usually 20 years). To be granted a patent, an invention must be novel,
non-obvious, and useful. Patents can cover a wide range of inventions,
including products, processes, machines, compositions of matter, and
improvements to existing technologies.

2. **Copyrights**: Copyrights protect original works of authorship, such as

literary, musical, and artistic works, including books, music, paintings,
sculptures, films, and computer software. Copyright gives the creator
exclusive rights to reproduce, distribute, perform, display, and create
derivative works based on the original work. Copyright protection typically
lasts for the life of the author plus an additional 70 years.

3. **Trademarks**: Trademarks protect symbols, names, slogans, and logos

used to identify and distinguish goods and services in the marketplace.
Trademark registration provides exclusive rights to use the mark in
connection with specific goods or services and prevents others from using
similar marks that could cause confusion among consumers. Trademark
protection can be renewed indefinitely as long as the mark is still in use.
4. **Trade Secrets**: Trade secrets are confidential and proprietary
information that provides a competitive advantage to a business. This can
include formulas, processes, techniques, designs, or any other confidential
information that gives a business a competitive edge. Unlike patents,
trademarks, and copyrights, trade secrets are not registered with a
government agency; instead, they are protected through confidentiality
agreements and other contractual measures.

5. **Industrial Designs**: Industrial designs protect the visual appearance of

a product or its ornamental aspects. This includes the shape, configuration,
pattern, or ornamentation of an object. Industrial design rights prevent
unauthorized copying or imitation of the design and can be registered for a
limited period, typically ranging from 10 to 25 years depending on the
country.

6. **Plant Varieties**: Plant variety protection grants exclusive rights to

breeders of new plant varieties, such as new strains of crops, flowers, and
trees. This allows breeders to control the propagation and sale of the new
variety for a certain period, typically around 20 to 25 years.

These intellectual property rights provide creators and innovators with

incentives to continue creating and investing in new ideas and inventions,
ultimately promoting innovation, economic growth, and the advancement of
society as a whole. It's important for individuals and businesses to understand
and utilize these rights to protect their intellectual property assets effectively.

Unit 4

1. Discuss the Acts and Laws related trademark.

define: A Trademark (or Trade Mark) is a unique symbol which is capable of

identifying aswell as differentiating products or services of one organization
from those of others. The word ‘Mark‘ stands for a sign, design, phrase,
slogan, symbol, name,numeral, devise, or a combination of these. Essentially,
the Trademark is anything that identifies a brand to a common consumer.

Acts and laws are:

There are several acts and laws related to trademarks that provide legal
frameworks for the registration, protection, and enforcement of trademarks
in various jurisdictions. Here are some key acts and laws related to
trademarks:

1. **The Lanham Act (United States)**: The Lanham Act, officially known as
the Trademark Act of 1946, is the primary federal law governing trademarks
in the United States. It provides the legal basis for the registration, protection,
and enforcement of trademarks and service marks in interstate commerce.
The Lanham Act regulates trademark infringement, dilution, false
advertising, and unfair competition.

2. **Trade Marks Act (United Kingdom)**: The Trade Marks Act is the
primary legislation governing trademarks in the United Kingdom. It sets out
the requirements and procedures for registering trademarks with the
Intellectual Property Office (IPO) in the UK. The Act also provides legal
remedies for trademark infringement and other unauthorized uses of
trademarks.

3. **Trade Marks Act (India)**: The Trade Marks Act of 1999 is the primary
legislation governing trademarks in India. It provides for the registration,
protection, and enforcement of trademarks in India. The Act establishes the
Controller General of Patents, Designs, and Trademarks as the authority
responsible for administering trademark registration and disputes in India.

4. **Madrid Agreement Concerning the International Registration of

Marks**: The Madrid Agreement is an international treaty that facilitates the
international registration of trademarks. It allows trademark owners to
register their marks in multiple countries by filing a single application with
the World Intellectual Property Organization (WIPO). The Madrid system
streamlines the process of obtaining trademark protection in multiple
jurisdictions.

5. **Paris Convention for the Protection of Industrial Property**: The Paris

Convention is an international treaty that establishes minimum standards of
protection for intellectual property rights, including trademarks. It provides
for the mutual recognition of trademark rights among member countries and
ensures that foreign trademark owners receive the same treatment as
domestic owners in each member country.

6. **European Union Trade Mark Regulation**: The European Union Trade

Mark Regulation governs the registration and protection of trademarks
within the European Union (EU). It establishes the European Union
Intellectual Property Office (EUIPO) as the central authority responsible for
registering EU trademarks (formerly known as Community trademarks). The
regulation provides for a single trademark registration system valid across all
EU member states.

7. **Trademark Law of the People's Republic of China**: The Trademark

Law of China governs the registration, protection, and enforcement of
trademarks in China. It provides legal mechanisms for trademark registration
with the China National Intellectual Property Administration (CNIPA) and
protects trademark rights through administrative and judicial procedures.

These are just a few examples of acts and laws related to trademarks in
different countries and regions. Each jurisdiction may have its own specific
laws and regulations governing trademarks, but they generally share common
principles aimed at promoting the registration, protection, and enforcement of
trademarks to support innovation, consumer protection, and fair competition
in the marketplace.

2.Explain trademark registration process.

Who Can Apply for a Trademark
• Any person who is a proprietor of the Trademark is eligible to apply for
registration of Trademark.
• The mark can be filed collectively by two or more applicants and for that
purpose, support documents need to be submitted.
• An organization or association can file for the collective mark and the same
can be used by its members.
• The most appropriate example for this mark is the
• _Reliance‘ symbol, which indicates all products falling under the
Organization.

Registration of a Trademark
• Although, registration of a Trademark is not compulsory, registration
provides certain advantages to the proprietor of the
Trademark, such as:
• Legal Protection – prevents the exploitation of the Registering Trademark by
other companies/organizations/individuals,
without proper authorization by the legal owner/s of the Trademark. In case
of legal suits, a registered Trademark can
serve as a potent evidence of the lawful proprietorship of the Trademark.
• Exclusive Right - grants the Trademark owner full rights to use it in any
lawful manner to promote his business.
• Brand Recognition - products/ services are identified by their logo, which
helps create brand value over time. A strong
brand is a huge pull for new customers and an anchor for existing customers.
Registering a Trademark early and using it
will create goodwill and generate more business for the brand owner.
• Asset Creation - registered Trademark is an intangible property of the
organization. It can be used for enhancing the
business of the company as well as drawing new clients and retaining old one
by the account of brand identification.

3.Explain the procedure for registration of trade marks.

Process for Trademarks Registration

• To seek Trademark registration, the proprietor of the Trademark has to fill
an application. Theproprietor may choose to hire an agent to fill and submit
the application on his behalf. Beforeapplying, the applicant needs to conduct a
prior art search to ensure the registration criteria.
• Prior Art Search - Prior to applying for Trademark registration, it is always
prudent to check whether the intended Trademark is already registered or
not. Also, it is ascertained whether the intended Trademark is not similar to
the ones already registered. The requisite search can be carried out using
various web portals, such as:
• Public search for Trademarks by CGPDTM
• WIPO‘s Global Brand Database
• Trademark Electronic Search System (TESS).
• MARKARIA Trademark Search Engine
• VAKIL Search
• Once the ‘prior art search‘ is over and the applicant is convinced about the
distinctiveness of the Trademark, he can proceed to fill the application form
for registration (TM-A). The application is filed at the Trademarks Office
subject to the jurisdiction of the applicant.

The steps involvedin the registration process are as follows:

• After the prior art search has been conducted, the applicant can apply for
the registration on his own or with the help of a certified agent.
• The application is assigned an application number within a few days.
• The application is scrutinized by a professional examiner. If everything is in
order, the particulars of the application are published in the official
Trademark journal (http://www.ipindia. nic.in/journal-
tm.htm). Otherwise, he will send the objections to the applicant for
rectification. Based on the satisfactory response, the examiner would
recommend the revised application to be published in the
journal. If the application is rejected, the applicant may approach the
Intellectual Property Division to challenge the rejection of an application by
the examiner.
• Once the Trademark is published in the official journal, the public has an
opportunity to file an objection, if any, within 90 days. After hearing both the
parties, the officer decides whether to proceed further for the grant of
Trademark or disallow the grant of Trademark. In case of unfavorable
outcome, the applicant has the right to contest the decision in front of the
Intellectual Property
Appellate Board (IPAB).
• Once the application has successfully completed all formalities, a Trademark
registration certificate is
issued in the name of the applicant.
Flow chart for the process of Trademark Registration
One should keep in mind that while filing an application for the registration of
a Trademark, an English translation of the non- English words has to be
provided. If the applicant wishes to claim the priority from an earlier-filed
application, he has to provide details like application number, filing date,
country and goods/services of that application.
(picture in next paper)
4.Illustrate the process involved in selecting and evaluating a
trademark.
(chat.openai.)
Selecting and evaluating a trademark is a crucial step in building a strong
brand identity and ensuring legal protection for your business. Here's a
step-by-step process involved in selecting and evaluating a trademark:

1. **Understand Your Brand and Business**: Begin by gaining a clear

understanding of your brand identity, values, and target audience. Consider
your products or services, company mission, and long-term goals. This
understanding will help guide the selection of a trademark that reflects your
brand identity and resonates with your target market.

2. **Conduct a Trademark Search**: Before finalizing a trademark, it's

essential to conduct a comprehensive trademark search to ensure that the
proposed mark is not already in use by another company. This involves
searching trademark databases, including the United States Patent and
Trademark Office (USPTO) database or relevant databases in your country,
as well as internet searches and domain name searches. Professional
trademark search services can also be utilized for more thorough searches.

3. **Assess Trademark Availability**: Evaluate the search results to

determine the availability of the proposed trademark. Look for identical or
similar marks in the same or related industries that could potentially lead to
confusion among consumers. Avoid trademarks that are too similar to existing
marks, as they may infringe on existing trademark rights and lead to legal
disputes.

4. **Consider Trademark Strength**: Trademarks can be classified into

different categories based on their distinctiveness and strength. Strong
trademarks are inherently distinctive and easier to protect, while weak
trademarks are descriptive or generic and offer limited legal protection. Aim
for a trademark that is distinctive, memorable, and capable of distinguishing
your goods or services from those of competitors.

5. **Evaluate Legal Risks**: Assess the legal risks associated with the
proposed trademark, including the likelihood of infringement claims from
third parties. Consider factors such as the strength of existing trademarks, the
similarity of marks, and the potential for consumer confusion. Consult with a
trademark attorney to evaluate the legal risks and determine the viability of
the proposed mark.

6. **Conduct Market Research**: Conduct market research to gauge

consumer perception and potential market acceptance of the proposed
trademark. Test the trademark with focus groups or surveys to gather
feedback on its appeal, memorability, and association with your brand.
Analyze market trends and competitor trademarks to ensure that your
trademark stands out in the marketplace.

7. **Register the Trademark**: Once you have selected a suitable trademark

and confirmed its availability, consider registering it with the relevant
trademark office to obtain legal protection and exclusive rights to use the
mark in connection with your goods or services. The trademark registration
process typically involves submitting an application, paying a fee, and
fulfilling certain requirements, such as providing a specimen of the mark's use
in commerce.

8. **Monitor and Protect the Trademark**: After registering the trademark,

it's important to monitor its use in the marketplace and take proactive
measures to protect it against infringement or misuse. Monitor for
unauthorized use of the mark by third parties and take legal action if
necessary to enforce your trademark rights. Regularly review and update
your trademark portfolio to ensure ongoing protection and compliance with
trademark laws.

By following these steps and conducting thorough research and evaluation,

you can select a strong and legally viable trademark that effectively represents
your brand and helps you stand out in the marketplace. Consulting with
trademark professionals, such as attorneys or trademark agents, can provide
valuable guidance and assistance throughout the trademark selection and
evaluation process.

Unit 5
1.Discuss Acts and Laws to Govern Industrial Designs.

In India, Industrial Designs are governed under ‘The Designs Act ‘, 2000 and
‘Design Rules ‘, 2001
which have been amended from time to time in 2008, 2013, 2014 and 2019.
The Design should
include the following characteristics:
• It should be novel and original.
• It should be applicable to a functional article.
• It should be visible on a finished article.
• There should be no prior publication or disclosure of the Design.
Some of the famous Industrial Designs are mentioned below:
Coca-Cola Bottle - The contoured-shaped glass bottle of the CocaCola
Company is marvelled as a master showpiece in the field of industrial design.
It was designed in 1915 and is still a cynosure for all eyes.
Piaggio Vespa - Piaggio is an Italian company famous for manufacturing
Vespa scooters. These scooters are sold worldwide since 1940s. The structural
design of the scooter is pleasing to the eyes.This two-wheeler has a painted
steel body concealing the engine, driver‘s feet rest comfortably on
a flat floorboard, the front vertical portion comprising of a handle, breaks and
speedometer has ample space for hands‘ grip and also provides protection
from incoming wind air.
iPhone - It is a highly popular mobile phone manufactured by American
company ‗Apple Inc‘. The sleek, handy and rectangular body is pleasing to
the eyes. The corners are round and smooth. The features, such as on/off and
speech volume, are easy to operate.
Mini Cooper - Mini Cooper is an automobile car manufactured by the British
Motor Corporation in the later part of the 20th century. It is a small size car.
Its shape has been designed in a unique manner so as to provide plenty of
space (nearly 80%) for passenger seating and luggage storage.
Rocking Wheel Chair - It is a sleek, circular-shaped chair which provides
smooth rocking motion. There is a provision for a headlight in the upper part
of the chair.
Juicy Salif - It is a citrus juice squeezer and considered an iconic structural
design. The alumina-based body has been moulded in the shape of a fish
called as a squid.

2.Explain the following

a) Enforcement of Design Rights.
b) Cancellation of the Registered Design.

● a)Once the applicant has been conferred with the rights over a specific
Design, he has the right to sue the person (natural/entity) if the pirated
products of his registered design are being used. He can file
● the infringement case in the court (not lower than District Court) in
order to stop such exploitation and for claiming any damage to which
the registered proprietor is legally entitled. The court will ensure first
that the Design of the said product is registered under the Designs Act,
2000. If the
● Design is found not registered under the Act, there will not be legal
action against the infringer. If the infringer is found guilty of piracy or
infringement, the court can ask him to pay the damage (₹50,000/-) in
respect of infringement of one registered Design.

b)The registration of a Design may be cancelled at any time. The petition has
to be filed in Form-8
with prescribed fee to the Controller of Designs. The application can be made
on the following
grounds:
• Design has already been registered.
• Design has been published in India or elsewhere before the date of
registration.
• Design is not novel and original.
• It is not a Design under Clause (d) of Section 2

3.height light the Non-Protectable Industrial Designs in

India.

Any Industrial Design which is against public moral values.

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

4.Explain the process of Design registration with flow chart.

Prior Art Search

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

Application for Registration

Once the applicant deems their design novel and distinct from others, they can
proceed to file a Design registration application, which is open to individuals,
small entities, institutions, organizations, and industries. Filing can be done
through a professional patent agent or legal practitioner, with non-resident
applicants requiring an agent in India. The application is submitted to the
Deputy Controller of Patents & Designs at the Patent Office in Kolkata.
Following submission, an examiner assesses the application, applying
eligibility criteria. If queries arise, the applicant has six months to respond.
Upon resolving objections, the application is accepted, and
details are published in the Official Journal of the Patent Office. If no public
objections are received,the design is registered, granting the applicant
exclusive rights. The proprietor can request a certificate of registration, and a
registration process flow chart is illustrated in Figure 5.1.