1 INTELLECTUAL PROPERTY LAW

4 Marks.
1. Trips.
Answer :- TRIPS stands for Trade-Related Aspects of Intellectual Property Rights.
The World Trade Organisation put a light on the intellectual properties of the
growing economy and industrialisation. Considering the aspect of this growing
field of business and companies all over the world, The Trade-Related Aspects of
Intellectual Property Rights (TRIPS) came into existence. The agreement of TRIPS
was initially signed in Morocco in the year 1994. TRIPS became the first major
multilateral agreement that was signed during the Uruguay Round of Multilateral
Trade Negotiations. The agreement of TRIPS came into the act on January 1st,
1995, and it became mandatory to follow the rules and functions of the
agreement for all the members of the World Trade Organisation.
Key Features of TRIPS:
The key feature of the trips is concern about several intellectual property rights,
which includes the enforcement of several acts related to patent, copyright,
trademark and trade secrets. There were a number of acts that were
implemented under the agreement of TRIPS. Some of the basic facts that were
introduced are:
➢ The Patents Act, 1970.
➢ The patents rule, 2003.
➢ Trademark Act, 1999.
➢ Copyright Act, 1957.
➢ International Copyright Order 1999.
➢ Geographical indications of Goods Act, 1999.
➢ New Design Act 2000.
Apart from these acts, there were a number of acts enacted, and amendments of
previous acts were made all over the years. However, the agreements of TRIPS
had faced a number of criticism all over the years by a number of governments,
without considering the flexible intellectual rights provided under this agreement.

2. Trade Mark.
Answer :- A trademark can be any word, phrase, symbol, design, or a combination
of these things that identifies your goods or services.
The word “trademark” can refer to both trademarks and service marks. A
trademark is used for goods, while a service mark is used for services.
A trademark:
• Identifies the source of your goods or services.
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• Provides legal protection for your brand.

• Helps you guard against counterfeiting and fraud.
A common misconception is that having a trademark means you legally own a
particular word or phrase and can prevent others from using it. However, you
don’t have rights to the word or phrase in general, only to how that word or
phrase is used with your specific goods or services.
For example, let's say you use a logo as a trademark for your small woodworking
business to identify and distinguish your goods or services from others in the
woodworking field. This doesn't mean you can stop others from using a similar
logo for non-woodworking related goods or services.
Another common misconception is believing that choosing a trademark that
merely describes your goods or services is effective. Creative and unique
trademarks are more effective and easier to protect.

3. Deceptive Similarity.
Answer :- The concept of deceptive similarity has been discussed under Section
2(h) of the Trade Marks Act, 1999 as: “A mark shall be deemed to be deceptively
similar to another mark if it so nearly resembles that other mark as to be likely to
deceive or cause confusion.”
In layman’s terms, deceptively similarity of marks can be defined as similarity
between trademarks that can lead the general public of average intelligence to
believe that the mark in question is somehow related to a registered or well-
known trademark.
According to Section 11(1) of the Trademark Act, 1999, “a trademark cannot be
registered if it is deceptively similar, or identical, with the existing trademark and
goods and services, that is likely to create confusion in the mind of the public at
large”.

4. Revocation of Patent.
Answer :- Revocation of Patent :- Patent Revocation means cancellation of the
rights granted to a person by the grant of a patent.
A patent can be revoked on petition of any person interested or of the Central
Government or on a counter claim in a suit for infringement of the patent by the
High Court. A patent may be revoked by the High Court on a petition filed by the
Central Government, if the High Court is satisfied that the patent holder has
without cause failed to comply with the request of the Central Government to
make, use or exercise the patented invention for the purpose of the Government
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upon reasonable terms. A notice of any petition for revocation of a patent shall be
served on all persons appearing from the register to be proprietors of that patent
or to have shares or interests therein.

5. Author’s Special Rights.

Answer :- Section 57 of the Act
Independent of the author’s copyright and even after the assignment either
wholly or partially of the said copyright, the author of a work shall have the
special right-
(a) To claim authorship of the work; and
(b)To restrain or claim damages in respect of any distortion, mutilation,
modification or other act about the said work which is done before the expiration
of the term of copyright if such distortion, mutilation, modification or other act
would be prejudicial to his honor or reputation.
Article 6b is of the Berne Convention directs the member States to protect the
moral rights of the author.

6. Industrial Design.
Answer :- Industrial Design is a strategic problem-solving process that
drives innovation, builds business success, and leads to a better quality of life
through innovative products, systems, services, and experiences. Industrial
Design bridges the gap between what is and what’s possible. It is a trans-
disciplinary profession that harnesses creativity to resolve problems and co-create
solutions with the intent of making a product, system, service, experience or a
business, better. At its heart, Industrial Design provides a more optimistic way of
looking at the future by reframing problems as opportunities. It links innovation,
technology, research, business, and customers to provide new value and
competitive advantage across economic, social, and environmental spheres.

7. Patent.
Answer :- A patent is a form of intellectual property that grants its proprietor the
legal right to exclude others from making, importing, using, and selling an
invention for a limited period, in return for publishing an invention for the public
disclosure.
In another way, a patent is an exclusive right given to an invention which is a
product or process which generally provides a new way of doing something, or
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offers a new technological solution to a problem. A patent application must reveal

technical information on the invention to the public to secure it.

8. WTO.
Answer :- WTO – World Trade Organisation, was established in 1995 as the heir
organisation to the GATT (General Agreement on Trade and Tariff). GATT was
founded in 1948 with 23 nations as the global (international) trade organisation
to serve all multilateral trade agreements by giving fair chances to all nations in
the international exchange for trading prospects. WTO is required to build a rule-
based trading government in which countries cannot place unreasonable
constraints on trade.
In addition, its mission is to increase stock and trade of services, to assure
maximum utilisation of world resources and to preserve the environment. The
WTO deals include trade in commodities as well as services to promote
international trade (bilateral and multilateral) through the elimination of the tax
as well as non-tariff obstacles and implementing greater marketplace access to all
member nations.
As an influential member of WTO, India is at the lead of building fair global laws,
statutes and shields and supporting the concerns of the developing system. India
has fulfilled its promises towards the liberalisation of trade, made in the WTO, by
eliminating quantitative limitations on imports and decreasing tariff charges.
Objectives of WTO
• To set and execute rules for international trade
• To present a panel for negotiating and controlling additional trade
liberalization
• To solve trade conflicts
• To improve the clarity of decision-making methods

9. Traditional Knowledge.
Answer :- Traditional knowledge refers to the knowledge, innovations and
practices of indigenous and local communities around the world. Developed from
experience gained over the centuries and adapted to the local culture and
environment, traditional knowledge is transmitted orally from generation to
generation. It tends to be collectively owned and takes the form of stories, songs,
folklore, proverbs, cultural values, beliefs, rituals, community laws, local language,
and agricultural practices, including the development of plant species and animal
breeds. Sometimes it is referred to as an oral traditional for it is practiced, sung,
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danced, painted, carved, chanted and performed down through millennia.

Traditional knowledge is mainly of a practical nature, particularly in such fields as
agriculture, fisheries, health, horticulture, forestry and environmental
management in general.

10. Passing off action.

OR
Passing Off.
Answer :- Passing off action arises when an unregistered trademark is used by a
person who is not the proprietor of the said trademark in relation to the goods or
services of the trademark owner.
Passing off in India is a tort actionable under common law and mainly used to
protect the goodwill attached with the unregistered trademarks. It is founded on
the basic tenet of law that one should not benefit from the labour of another.
Section 27 of the Trade Marks Act, 1999 provides that no infringement action will
lie in respect of an unregistered trade mark owner to take action against any
person for passing or as services provided by another person.

11. Non Patentable Inventions.

Answer :- Section 3 What are not inventions :-
(a) an invention which is frivolous or which claims anything obviously contrary to
well established natural laws;
(b) 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;
(c) the mere discovery of a scientific principle or the formulation of an abstract
theory [or discovery of any living thing or non-living substance occurring in
nature];
(d) the mere discovery of a new form of a known substance which does not result
in the enhancement of the known efficacy of that substance or 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.
(e) 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;
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(f) the mere arrangement or re-arrangement or duplication of known devices

each functioning independently of one another in a known way;
(h) a method of agriculture or horticulture;
(i) any process for the medicinal, surgical, curative, prophylactic [diagnostic,
therapeutic] or other treatment of human beings or any process for a similar
treatment of animals to render them free of disease or to increase their economic
value or that of their products.
(j) plants and animals in whole or any part thereof other than micro-organisms
but including seeds, varieties and species and essentially biological processes for
production or propagation of plants and animals;
(k) a mathematical or business method or a computer programme per se or
algorithms;
(l) a literary, dramatic, musical or artistic work or any other aesthetic creation
whatsoever including cinematographic works and television productions;
(m) a mere scheme or rule or method of performing mental act or method of
playing game;
(n) a presentation of information;
(o) topography of integrated circuits;
(p) an invention which, in effect, is traditional knowledge or which is an
aggregation or duplication of known properties of traditionally known component
or components.
Section 4 Inventions relating to atomic energy not patentable :-
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 (33 of
1962).

12. Biotechnology products.

Answer :- Biotechnology products means those products that are applicable to
the prevention, treatment, or cure of a disease or condition of human beings and
that are produced using living organisms, materials derived from living organisms,
or cellular, subcellular, or molecular components of living organisms.
Biotechnology products does not include pharmaceutical products which are
produced from chemical compounds;
Biotechnology Examples.
➢ Biofuels. Bioethanol. Biodiesel. Biogas.
➢ Dairy Products.
➢ Bakery Products.
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➢ Lactose-free Milk.
➢ Alcohol Production.
➢ Skin Care Products.
➢ Detergent enzymes.
➢ Genetically Modified (GM) Crops. Bt Crops. Golden Rice.
➢ Dye Manufacturing
➢ Paper Industry
➢ Bioremediation
➢ Production of Antibiotics
➢ Vaccine Production

13. Property Mark.

Answer :- A product mark is a type of trademark that is used on any product or
good rather than on any service. This trademark is used to identify the origins of a
good or product, and it helps in maintaining the excellent reputation of a business
or organization.
All the trademark applications that are filed under trademark class 1-34 are
classified as product marks because they represent products or goods. The time
required for registering a product mark is almost 18-24 months. Some examples
of product marks are Nestle and Amul.

14. Forms of Intellectual Property.

Answer :- Forms of intellectual property protection are patents, copyrights,
trademarks and trade secrets. Because intellectual property shares many of the
characteristics of real and personal property, associated rights permit intellectual
property to be treated as an asset that can be bought, sold, licensed or given
away. Intellectual property laws enable owners, inventors and creators to protect
their property from unauthorized use.
Inventors, artists and authors — whose work is intangible — face difficulty in
earning a living if their claim to their creations is not respected. Unable to rely on
locks and fences to protect their work, they turn to intellectual property
protection laws.
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15. Types of Trade Mark.

OR
Kinds of Trade Mark.
Answer :- A trademark can be thought of a name, a phrase, a logo, or even a
sound that uniquely identifies your brand and distinguishes it from your
competitor’s. A trademark can be for both product and/or service. Once a
trademark is registered, no third party can use the registered trademark for their
products or services unless the original party that registered the trademark grants
permission for any such use. The Trademarks Act, 1999, regulates the usage of
trademarks in India along with Trademark Rules, 2017.
Kinds of Trademarks
Word Mark In most cases people register a Wordmark. Word Marks are the
specific set of characters associated with a company’s offering. These characters
collectively distinguish a company’s product and/or service from its competitors.
Example: Nestle
Service Mark Companies that are in the business of providing a specific service
can register this type of Trademark. Service marks are used to differentiate
between companies which provide similar kinds of services. Example: FedEx
Logos and Symbols There are several instances where a company might want to
use a specific design/printed figure to differentiate it’s market offerings and not
include any word or character in such design. These kinds of trademarks come
under Logos and Symbols. Example: Apple (The slightly bitten apple figure)
Shape of Goods This kind of trademarks (shape of goods) can be used to identify a
product purely based on the shape. These marks are often used along with a word
mark. The Shape of Goods mark deals purely with the appearance of a product.
Example: The shape of a coco-cola bottle.
Series Marks Series marks contain a common prefix/suffix which is shared among
multiple of a companies offerings. These products differ only as non-distinctive
characteristics like price, size, quantity, etc. Example: McDonald’s uses the prefix
‘Mc’ on multiple products like McMaharaja, McVeggie, McFlurry, etc.
Collective Mark When multiple people collectively register a trademark, it is
known as a collective mark. In such cases, any of the group of people who have
registered the trademark can use it even though the trademark is owned by the
group as a whole. Example: Any Charted Account who is a member of the
Institute of Charted Accountants can use the ‘CA’ symbol.
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Certification Mark Any company that has met a certain quality standard check is
authorised to use the respective certification mark. Common Examples are: ISO
Certification Mark, FSSAI Certification Mark.
Sound Mark As the name suggests, sound marks are specific sounds that once a
person hears, relates to a certain brand or a product/service of the brand.
Example: the tune of IPL, or the tune used in ICICI bank’s advertisements.

16. Dramatic Works.

Answer :- The Copyright Act of 1957 defines ‘dramatic work’ as includes any
recitation, choreographic work, or entertainment in a dumb performance whose
scenic arrangement or acting form is established in writing or otherwise, but
excludes cinematograph films.
Section 2 (h), “dramatic work” contains the following elements:
1. Any recitation piece;
2. Choreography or amusement in a slapstick display; and
3. The scenic arrangement or performing style of which is predetermined,
whether in writing or not.

17. Biotechnology patenting.

OR
Patents in Biotechnology.
Answer :- Biotechnology inventions are a broad area of biology involving living
organisms and systems to make or develop products, or any other technological
application that uses living organisms, biological systems, or derivatives thereof,
to modify or make products or processes for specific uses.
The man behind the first Patent Act Thomas Jefferson does not have any idea that
life forms can also become a subject matter for protection under Patent. In the
case of Diamond v Anand Chakrabarty, a biochemist at General Electric (GE)
developed a genetically modified organism that had the capability to decompose
crude oil. Initially, the Patent application of the inventor was rejected. But later
on, a further appeal was made which and the Patent was granted by the court to
the inventor with an order stating that the claim of the inventor is not to a
hitherto unknown natural phenomenon, but a non-naturally occurring
composition or manufacture of matter-a product of human inventiveness”.
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18. Copyright in Musical works.

Answer :- Section 2(p) of the Indian Copyright Act outlines the definition of
“musical work”. The definition is as follows:
“musical work” means a work consisting of music and includes any graphical
notation of such work but does not include any words or any action intended
to be sung, spoken or performed with the music;
Copyright in Musical Works in India
Copyright in musical works in India refers to the legal protection granted to
creators of original musical compositions.
It grants exclusive rights to the creators, such as composers, lyricists, and
music producers, over their musical creations.
This protection ensures that their works are not reproduced, distributed,
performed, or communicated to the public without their permission.
In India, musical works are protected under the Copyright Act, which
recognises music as a form of artistic expression deserving of legal rights and
safeguards.
The Act covers various aspects of musical works, including melodies, lyrics,
arrangements, and sound recordings.
Copyright in musical works grants creators the power to control and monetise
their creations, fostering creativity, incentivising artistic endeavors, and
safeguarding the economic interests of musicians and other stakeholders.

19. Berne Convention.

Answer :- The Berne Convention is an international agreement that came into
being in 1886 and was adopted by 8 countries including the UK. The agreement
was first signed in Switzerland and today it has spread to regulate laws in more
than 177 countries across the world. The United Arab Emirates is a member of the
Berne Convention since April 2004 and the treaty was enforced in July the same
year. The basic focus of the Berne Convention is to extend the scope of security of
the artists’ and authors’ creations beyond the territories of their native land. If
you are an Arab who publishes a book in the UK, then the Berne Convention will
cover you as an author. Article 2 of the treaty endeavors to guard the originality
of all literary works.
Fundamental Principles of the Berne Convention
➢ The first and basic principle stated in the Berne Convention speaks of
equitable status on the protection of literary and artistic creations that
come into being from a contracting state.
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➢ The second principle of the Berne Convention upholds automatic

protection of all works, regardless of any legal formalities for protection.
This means that there are no prerequisites or conditions for authors and
publishers to use the © symbol. However, it would be best to get a
copyright registered for protection and enforcement purposes and to avoid
the fear of being infringed upon. Of course, this would also bring to your
table a host of distinct advantages.
➢ The final principle of the treaty guarantees protection to artistic and literary
works and is independent of the protection terms in the country where the
work originated, with limited exceptions.

20. Concept of “ Originality “ in Copyright Law.

Answer :- Originality is the basic yardstick used by the copyright regimes in the
world to evaluate the availability copyright protection to a particular work. The
word "Originality" in civil law countries consider as an author's own intellectual
creation. Through originality doctrine, copyright is safeguarding the public domain
so that a person cannot claim for an expression. Section 13(1) of the Indian
Copyright Act 1957 states that copyright subsists in "original literary, dramatic,
musical and artistic works." However, the Act fails to give any definition or test to
determine originality of a work. This leaves the court with the duty to decide the
amount originality required for a work to claim copyright protection. Two tests
are to be followed to decide the "Originality" of a work:-
1. Non- copying requirement (completely objective test)
2. Threshold/Degree of originality(varies from court to court)

21. Patent Specification.

Answer :- A patent specification is a disclosure to the public at large regarding the
invention as well as the scope of protection that would be granted to the
invention. It provides an opportunity for the applicant to provide information
regarding the invention in order to be entitled to claim protection. It is a crucial
techno-legal document constituted by scientific and technical disclosures which
designate the basis of the rights of a patent.
Section 7(4) of the Patents Act, 1970 (the Act) directs that every patent
application shall be accompanied by a provisional or a complete specification. The
Patent Rules, 2003 (the Rules) also particularly deal with the specification of an
invention.
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22. Literary Works.

Answer :- Literary work- Copyright subsists in original literary works and relates to
the expression of thought, but the expression need not be original or novel.
• The work must not be copied from another work but must originate from
the author.
• Two authors independently producing an identical work will be entitled for
copyright in their respective works.
• The emphasis is more on the labor, skill judgment and capital expended in
producing the work. It includes tables, compilations and computer
programs.

23. Trade Mark and Property Mark.

Answer :- Trade Mark :- A trademark is a brand or logo containing words,
numbers, devices, symbols or a combination of words, numbers, devices and
symbols. They help identify and distinguish a commercial product from the other
products or goods available in the market.
A trademark helps build the business’s image and protect them from
unauthorised use by third parties. Thus, third parties cannot copy a registered
trademark that has demand in the market for their own goods or products. Some
examples of a trademark are – Nike, Bata, Pepsico, etc.
Product Mark :- A product mark is a type of trademark that is used on any
product or good rather than on any service. This trademark is used to identify the
origins of a good or product, and it helps in maintaining the excellent reputation
of a business or organization.
All the trademark applications that are filed under trademark class 1-34 are
classified as product marks because they represent products or goods. The time
required for registering a product mark is almost 18-24 months. Some examples
of product marks are Nestle and Amul.

24. Certification trade mark.

Answer :- Certification Trademark
Certification trademarks are such marks that generally certify certain
characteristics of the nature of the services or goods. Such marks are certified to
the proprietor of such mark in respect of;
• Origin of Mark,
• The authenticity of the claimed quality of the product,
• The material used in the products,
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• Mode of manufacture of goods,

• Performance of services,
• Quality of products and services,
• Accuracy,
• Other characteristics of goods or services
Usage of Certification Trademark
Certification Trademarks: The sole purpose of certification trademarks is for
indicating that the necessary standards of the mark have been met. Proprietors
provide the consumers of their products with a certain set of promises regarding
the authenticity of the quality of the product, accuracy, the material used in it,
etc.
In such cases, certification of marks helps the proprietor to that they are
providing quality products to the consumers.
Examples of Certification Trademarks in India
Some examples of certification trademarks in India are;
• AGMARK– Inspection seal that ensures quality for agricultural products,
• BIS- Provides assurance of any product’s reliability, quality, and safety to
the consumers,
• WOOLMARK- Certifies that products are made from 100% wool,
• ORGANIC INDIA- Certifiesmethod/mode of manufacturing, and
• ISI Mark- Ensures that products meet a set of standards provided by the
Bureau of Indian Standards

25. Patent Opposition.

Answer :- Patent opposition is a right created under the Patent Act permitting any
person to raise issues against the grant of a patent. Oppositions can be made
against an accepted standard patent application or a certified innovation patent.
Grounds for Opposition
A patent can only be opposed on the following grounds:
➢ the nominated person in the patent application is either:
• not entitled to a grant of patent for the invention; or
• entitled to a grant of patent for the invention but only in conjunction
with some other person.
➢ that invention is not a patentable invention;
➢ that the patent specification filed is not a complete specification
This means a patent application can be opposed for reasons that the patent:
14 INTELLECTUAL PROPERTY LAW

➢ is not new, inventive for a standard patent (innovative for a innovation

patent);
➢ is not useful: this is to ensure that patents are granted for subject matters
that work and can be used, discouraging patents being filed purely for
strategic reasons.
➢ was secretly used in the patent area (i.e. Australia) before the Priority Date;
➢ issues of patent specification: this is a disclosure requirement applicable to
claims made which are not clear, succinct, supported by matters disclosed
in the specification, and fail to satisfy disclosure requirements generally.

26. Geographical Indication.

Answer :- Geographical Indication (GI) is a sign used on a product that originates
from a specific geographical location. The product must possess reputation and
qualities of the place of origin. GI are generally registered on products produced
by rural, marginal and indigenous communities over generations that have
garnered massive reputation at the international and national level due to some
of its unique qualities. GI tag gives the right to only those registered users the
right to use the product name, and prevents others from using the product name
that does not meet the standards prescribed.
Geographical Indications – Type of Products
GI tags are used on the following types of products.
1. Handicrafts – Examples would be Madhubani Paintings, Mysore Silk
2. Food items – Example would be Tirupati Laddu, Rasgulla.
3. Wine & Drinks – Example would be Champagne, Cognac of France; Scotch
Whisky of UK, Tequila of Mexico.
4. Industrial Products
5. Agricultural Products – Basmati Rice

27. Paris Convention.

Answer :- The Paris Convention created a Union for the protection of Industrial
Property rights and established the priority right among member States.
The Paris Convention was first signed on the 20th March, 1883, which makes it
the first and oldest global treaties on Intellectual Property. Currently, 176 States
all over the world have signed the Paris Convention and provides common
standards for Intellectual Property protection in member states.
The priority rights were first originated with this treaty, allowing applicants of an
Intellectual Property right (trademark, patent or design) from one jurisdiction to
15 INTELLECTUAL PROPERTY LAW

apply for the same right in another jurisdiction, benefiting from the original
application date. Claiming Paris Convention priority is thus crucial for patents
and industrial designs as absolute novelty is a granting requirement.

28. Meaning of Copyright.

Answer :- Section 14 Meaning of copyright.-- 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.
(a) in the case of a literary, dramatic or musical work, not being a computer
programme.
(b) in the case of a computer programme:
(c) in the case of an artistic work,
(d) in the case of a cinematograph film,
(e) in the case of a sound recording,

29. Remedies for Copyright Infringement.

Answer :- Remedies against Infringement
There are three kinds of remedies against infringement of copyright, namely:
1. Civil remedies
Injunction damages or account of profit, delivery of infringing copy and damages
for conversion.
2. Criminal remedies
Imprisonment of the accused or imposition of fine or both. Seizure of infringing
copies
3. Administrative remedies
Administrative remedies consist of moving the Registrar of copyrights to ban the
import of infringing copies into India when the infringement is by way of such
importation and the delivery of the confiscated infringing copies to the owner of
the copyright and seeking the delivery.
Jurisdiction of Courts
A suit or other civil proceedings relating to infringement of copyright is filed in the
District Court or High Court within whose jurisdiction the plaintiff resides or
carries on business or where the cause of action arose irrespective of the place of
residence or place of business of the defendant
Limitation
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The period of limitation for filing the suit is three years from the date of
infringement.

30. Conditions for Patent Grant.

Answer :- Section 47 Grant of patents to be subject to certain conditions.
The grant of a patent under this Act shall be subject to the condition that--
(1) any machine, apparatus or other article in respect of which the patent is
granted or any article made by using a process in respect of which the patent is
granted, may be imported or made by or on behalf of the Government for the
purpose merely of its own use;
(2) any process in respect of which the patent is granted may be used by or on
behalf of the Government for the purpose merely of its own use;
(3) any machine, apparatus or other article in respect of which the patent is
granted or any article made by the use of the process in respect of which the
patent is granted, may be made or used, and any process in respect of which the
patent is granted may be used, by any person, for the purpose merely of
experiment or research including the imparting of instructions to pupils; and
(4) in the case of a patent in respect of any medicine or drug, the medicine or
drug may be imported by the Government for the purpose merely of its own use
or for distribution in any dispensary, hospital or other medical institution
maintained by or on behalf of the Government or any other dispensary, hospital
or other medical institution which the Central Government may, having regard to
the public service that such dispensary, hospital or medical institution renders,
specify in this behalf by notification in the Official Gazette.

31. Piracy of Designs.

Answer :- PIRACY OF DESIGN: Piracy of Design occurs when some other party
uses your designed materials without your permission. Piracy of Design manifests
itself in a variety of ways:
• EXIM- by importing/exporting such article for the purpose of sale that
design
• Publish- by publishing/exposing/cause to publish/exposing for sale that
design
• Registering- applying to register similar article for design in any class
Piracy is financially harmful to copyright owners. Even if offending parties do not
profit from their illegal actions, the lost opportunity for sales damages a product’s
position in the market.
17 INTELLECTUAL PROPERTY LAW

32. Meaning of Intellectual Property Rights.

Answer :- Intellectual Property rights mean providing property rights through
patents, copyrights and trademarks. Holders of intellectual property rights have a
monopoly on the usage of property or items for a specified time period. The term
intellectual property began to be used in the 19th Century. Only in the 20th
century did it become part of the world’s legal systems.
Types of Intellectual Property
The 4 main types of intellectual property are listed below.
1. Patents – It is used for protecting new inventions, ideas, or processes.
Patent holders need to pay periodic government renewal fees. An
approved patent is for a limited time period. Know more about Patents Act
in India.
2. Copyrights – It protects the ideas, examples would be written works, music,
art, etc.
3. Trademarks – It is something that protects the symbols, colors, phrases,
sounds, design etc.
4. Trade Secrets – It may be strategies, systems, formulas, or other
confidential information of an organization that provides them a
competitive advantage in the market.

33. Ownership in copyright.

Answer :- Copyright is one of the Intellectual Property Rights. In India, copyright is
sui generis right. It is considered a natural right as it is automatically granted to
the creator of the original literary (including computer programs), dramatic,
musical and artistic works; cinematographic films; and sound recordings.
Registration of work is not mandatory for availing the protection under the
Copyright Act, 1957. The Apex Court in R.G. Anand’s5 Case held that registration
of works is not mandatory for availing copyright protection.
In the case of Sunil Agarwal Vs Kumkum Tandon,6 it was observed that Section 18
of the Copyright Act, 1957 confers ownership rights in copyright on the
assignment.
Generally, the creator or the author of the work is the owner of the work and
therefore entitled to get the copyright for the work. Where the author of the
work is employed by another person, the work belongs to the employer of the
author. And where the creation of the works is incidental, but not the purpose,
the work belongs to the authors. But in practice, out of the contractual
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agreement between the employer and the employee, the creation during the
course of employment would be belonging to the employer.
According to Section 17 of the Copyright Act, 1957, the author of a work shall be
the first owner of the copyright. “Author” means as contained in the Act,
“(i) in relation to a literary or dramatic work, the author of the work;
(ii) in relation to a musical work, the composer;
(iii) in relation to an artistic work other than a photograph, the artist;
(iv) in relation to a photograph, the person taking the photograph;
(v) in relation to a cinematograph film or sound recording, the producer; and
(vi) in relation to any literary, dramatic, musical or artistic work which is
computer-generated, the person who causes the work to be created.”
Hence, the following are the owners of the copyrights:
• In musical sound recordings: lyricist, composer, singer, musician and the
person or company who produced the sound recording
• In works by journalists during their employment: in the absence of any
agreement to the contrary, the proprietor
• In works produced for valuable consideration at the instance of another
person: in the absence of any agreement to the contrary, the person at
whose instance the work is produced

34. Exceptions to copyright infringement.

Answer :- A copyright infringement exception or act that does not violate
copyright is described in Section 52 of the Copyright Act, 1957 in India.
Specifically, fair dealing of an artistic work that is not a computer program,
musical or literary creation. Additionally, the following are exclusions from
infringement:
• Private use along with research
• Criticism or review
• Reporting on current events for any print publication
• By copyrighted cinematographic films or broadcasts, or by any means of
photography
• Reproduction of the court case or of a report of the judicial proceeding.
• Publishing or reprinting a musical, literary, dramatic, or artistic work in a
document created by the legislative secretariat.
• The recreation of any literary, musical, or dramatic work in a certified copy
created or provided according to any current legislation.
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• The publication in the collection is a legal bust mostly formed up of non-

copyright material, and aimed at educational institutions.
• Sound production with or without a copyright registration or with the
permission of the copyright owner.

35. Honest Current User.

Answer :- “Honest Concurrent Use,” as laid down under Section 12 of the Act, is
one of those grounds that the applicant can use to evade getting tangled in a
trademark infringement battle. Section 12 of the Trademark Act lays down the
doctrine of Honest Concurrent User. Concurrent use is when users have identical
or similar marks on similar or non-similar goods. The main contention to prove
the honest concurrent use is that the applicant has been using the mark in a
bonafide manner and/or didn’t know the earlier registered trademark. The
applicant must also prove that the relevant customers associate their mark with
their product or service.
The section also provides that the registration of such a mark is at the subjective
discretion of the Registrar; thus, the Registrar is in no way obliged to register
such mark.

36. Characteristics of a good trade mark.

Answer :-
Trademarks are like people’s names. It can be a word, number, logo, image,
signature, shape of the article, etc., or a combination of any or all of the above.
They help the customer to identify the manufacturer or service provider of the
goods / services. Hence, they are commonly referred to as brand names.
Characteristics of good trademark
• It is registered under law
• A trademark can be adopted under law by any firm, person or seller only
• All the trademarks are brands
• Trademarks differentiate from other brands
• In legal point of view the trademark and brand both are different.
• It should always be appurtenant to the commercial activity
• The trademarks are adopted through prior use or adoption
• It garners competitive advantages
• Trademarks protect public from unscrupulous vendors
• It protects the prior user’s goodwill
• Preferably it should be an invented word
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• It must be easy to spell and write

• It must be easy to pronounce
• It should be distinctive

37. Rights and obligations of Patentee.

Answer :- The Patents Act of 1970 is responsible for regulating patent law in India.
The act defines the privileges and responsibilities of patentees in the nation. A
patent is a government-sanctioned legal right bestowed upon an inventor for a
limited period. This allows the inventor to prohibit others from manufacturing,
using, vending, or importing the invention without their authorization. This piece
will delve into the diverse rights and duties of Patentee in India.
➢ Right to Exclude Others
➢ Right to License
➢ Right to Sue for Infringement
➢ Obligation to Disclose Information
➢ Obligation to Pay Maintenance Fees
➢ Obligation to Work the Invention
The rights and obligations of patentees in India are governed by the Patents Act,
1970. Patentees have the right to exclude others from making, using, selling, or
importing the invention without the patentee’s permission, license the invention
to others for a fee, and sue for infringement.

38. Protection of Designs.

Answer :- Design protection is the legal term for protection for innovative
designs. Design protection protects appearance and shape, but not a product’s
function or the underlying idea. With design protection, no one else can
manufacture, sell or import copies of the protected design. Design protection
applies for a period of five years after you have submitted your application and
can be extended up to a maximum of 25 years.
Any design can be protected through design protection. In order for it to be
possible for a product to be covered by design protection, it must be:
• Novel. This means that the design must differ from all previously published
designs; it is for example not sufficient to simply change the colour of an
existing design. The designer has a couple of years to register their design
protection after publication.
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• The design must be distinctive. This means that it cannot be so simple that
it is considered to be a shape that everyone might use, such as a circle or
triangle.
Designs can also not be protected if they contain someone else’s trademark,
protected company names, portraits, family names, artists’ names or a copyright-
protected work without permission. They can also not contain a national coat of
arms or national flag, nor can they breach “good practice”.
Design protection is an intangible asset; the design can be sold or licensed out. It
can also make it easier to find investors and business partners, as they can then
be confident that your company owns the exclusive rights to the design.