RM & IPR Module 5

Sambhram Institute of Technology – RM & IPR
RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY RIGHTS

Course Code: 21RMI56
Module 5
Industrial designs, Geographical indications and Case studies on Patents

Syllabus
Industrial Designs: Eligibility Criteria, Acts and Laws to Govern Industrial Designs, Design
Rights, Enforcement of Design Rights, Non-Protectable Industrial Designs India, Protection
Term, Procedure for Registration of Industrial Designs, Prior Art Search, Application for
Registration, Duration of the Registration of a Design, Importance of Design Registration,
Cancellation of the Registered Design, Application Forms, Classification of Industrial Designs,
Designs Registration Trend in India, International Treaties, Famous Case Law: Apple Inc. vs.
Samsung Electronics Co.
Geographical Indications: Acts, Laws and Rules Pertaining to GI, Ownership of GI, Rights
Granted to the Holders, Registered GI in India, Identification of Registered GI, Classes of GI,
Non-Registerable GI, Protection of GI, Collective or Certification Marks, Enforcement of GI
Rights, Procedure for GI Registration Documents Required for GI Registration, GI Ecosystem in
India.
Case Studies on Patents: Case study of Curcuma (Turmeric) Patent, Case study of Neem Patent,
Case study of Basmati patent, IP Organizations in India, Schemes and Programs
Industrial Designs:
The word ‘Design’ is defined as the features of shape, configuration, pattern, ornament or
composition of lines or colours applied to any article. The Design may be of any dimension i.e. one
or two or three dimensional or a combination of these.
In addition, it may be created by any industrial process or means, whether manual, mechanical or
chemical, separate or combined. It involves the creation of products that are not only aesthetically
pleasing but also functional, ergonomic and manufacturable.
The main object of registration of industrial Designs is to protect and incentivize the original
creativity of the originator and encourage others to work towards the art of creativity.
Industrial designers are responsible for conceptualizing, sketching, and prototyping product ideas.
They collaborate with engineers, marketers, and manufacturers to bring designs from concept to
reality. Designers often use computer-aided design (CAD) software and rapid prototyping techniques
to iterate and refine designs.
Examples of Industrial Design:

Consumer Electronics: Smartphones, laptops, and home appliances.
Furniture: Chairs, tables, and sofas designed for both comfort and aesthetics.
Automobiles: Cars with sleek exteriors, ergonomic interiors, and advanced features.
Packaging: Product packaging that is both functional and visually appealing.
Fashion: Clothing, footwear, and accessories designed for style and comfort.
Eligibility criteria:
When discussing the eligibility criteria for industrial design, it typically refers to the requirements for
applying for protection of industrial designs, also known as design patents in some jurisdictions. Here
are the eligibility criteria for industrial design protection:
1. Novelty: The design must be new and original, meaning it has not been disclosed to the public
before the filing date of the application. It should not be identical or substantially similar to any
existing design.
2. Industrial applicability: The design must have industrial applicability, meaning it must be
suitable for mass production or manufacturing processes.
3. Ornamental or Aesthetic features: Industrial designs protect the ornamental or aesthetic features
of a product.
4. Non-Obviousness: In some jurisdictions, industrial designs must also be non-obvious to a person
skilled in the relevant field. This means the design should not be an obvious variation of existing
designs to someone familiar with the relevant industry.
5. Proper representation: The design must be represented properly in the application, typically
through drawings or images that clearly illustrate the design. The representation should show the
design from different perspectives and highlight its distinctive features.
Acts and Laws to govern Industrial Designs:
1. India: Designs Act, 2000: Governs industrial designs in India. Provides protection for new or
original designs applicable to articles. Duration of protection is initially 10 years from the registration
date, extendable up to 15 years. Applications are examined by the Office of the Controller General of
Patents, Designs, and Trademarks.
2. United States: United States Code Title 35, Chapter 16: Design patent applications are examined
by the United States Patent and Trademark Office (USPTO). Provides protection for new, original,
and ornamental designs for articles. Duration of protection is 15 years from the date of grant.
3. European Union: Council Regulation (EC) No 6/2002: Applications are filed with the European
Union Intellectual Property Office (EUIPO). Grants protection for industrial designs in the European
Union. Duration of protection is 5 years from filing date, renewable up to a maximum of 25 years.
4. United Kingdom: Registered Designs Act 1949: Governs registered designs in the United
Kingdom. Applications are filed with the UK Intellectual Property Office (UKIPO). Duration of
protection is initially 5 years from the filing date, renewable up to a maximum of 25 years.
5. Canada: Industrial Design Act: Governs industrial designs in Canada. Applications are examined
by the Canadian Intellectual Property Office (CIPO). Duration of protection is 10 years from the
registration date.
6. Japan: Design Act: Governs industrial designs in Japan. Duration of protection is 20 years from
the filing date. Applications are examined by the Japan Patent Office (JPO).
7. Australia: Designs Act 2003: Governs industrial designs in Australia. Duration of protection is
initially 5 years from the filing date, renewable up to a maximum of 10 or 15 years depending on the
renewal option chosen. Applications are filed with the Australian Government's IP Australia.
8. International Protection: Hague Agreement Concerning the International Registration of

Industrial Designs: Provides a mechanism for international registration of industrial designs.
Simplifies the process of obtaining protection in multiple countries through a single international
application. Administered by the World Intellectual Property Organization (WIPO).
Conclusion: Industrial designs are protected under various acts and laws in different jurisdictions,
providing legal recognition and exclusivity to the creators of new and original designs.
Understanding the relevant legislation and filing requirements is essential for obtaining and enforcing
industrial design rights effectively.
Design rights:
Definition: Design rights refer to the legal protections granted to the visual appearance or ornamental
aspects of a product or article. They safeguard the unique and original designs created by individuals
or companies, preventing unauthorized use by others.
Types of Design rights:

1. Registered Design rights:
 Obtained through a formal registration process with the relevant intellectual property office.
 Provide stronger and more enforceable protection compared to unregistered rights.
 Typically have a specified duration of protection, renewable upon payment of fees.
2. Unregistered Design rights:
 Automatically granted to designs upon creation or first public disclosure, without the need for
formal registration.
 Offer limited protection compared to registered rights and may vary by jurisdiction.
 Duration of protection is often shorter than that of registered rights.
Key aspects of Design rights:

1. Scope of Protection: Design rights protect the visual appearance of a product, including its shape,
configuration, pattern, ornamentation, and other aesthetic features. They do not protect functional
aspects of a design, which may be covered by patents or utility models.
2. Novelty and originality: Design rights require designs to be new and original, meaning they have
not been disclosed to the public before. Designs should not be identical or substantially similar to
existing designs.
3. Duration of protection: The duration of design rights varies depending on the jurisdiction and type
of protection. Registered design rights typically have a fixed term, while unregistered rights may
expire after a certain period from creation or first public disclosure.
4. Enforcement and Infringement: Design rights allow the owner to prevent others from making,
using, or selling products that infringe upon the protected design. Enforcement mechanisms include
legal actions such as injunctions, damages, and seizure of infringing products.
Benefits of Design rights:

1. Recognition and exclusivity: Design rights provide legal recognition and exclusivity for original
designs, enhancing their commercial value and market competitiveness.
2. Brand identity and differentiation: Unique and distinctive designs can help build brand identity
and differentiate products in the marketplace, fostering brand loyalty among consumers.
3. Market opportunities: Design rights create opportunities for licensing, franchising, and
collaboration agreements, allowing creators to capitalize on their intellectual property assets.
Conclusion: Design rights play a crucial role in protecting and promoting innovation in various
industries. By safeguarding the visual appearance of products, design rights incentivize creativity,
support economic growth, and contribute to the development of vibrant and competitive markets.
Enforcement of Design rights:
1. Legal framework: Design rights are enforced through the legal framework established by national
laws, international treaties, and regional agreements. The enforcement mechanisms and remedies
available may vary depending on the jurisdiction.
2. Infringement determination: Infringement of design rights occurs when a third party uses,
makes, sells, or imports a product that closely resembles the protected design without authorization.
Courts assess whether the accused design is similar compared to the protected design.
3. Enforcement actions:
- The owner of the design rights may send a formal notice to the infringing party demanding them to
cease infringing activities.
- If informal measures fail, the owner may initiate legal proceedings in court seeking remedies for
infringement, such as injunctions, damages, and seizure of infringing products.
- Some jurisdictions provide mechanisms for customs authorities to seize counterfeit or infringing
goods at the border, based on information provided by rights holders.
4. Remedies for infringement:

Injunctions: Courts may grant injunctions to stop the infringing activities, preventing further use,
manufacture, sale, or importing of the infringing products.
Damages: Infringers may be liable to pay monetary damages to the design rights holder for the
losses suffered as a result of the infringement.
Destruction or Seizure: In some cases, courts may order the destruction or seizure of infringing
products to prevent further circulation in the market.
5. Defences against infringement claims:

Invalidity: Defendants may challenge the validity of the design rights by arguing that the protected
design lacks novelty, originality, or industrial applicability.
Prior use: Defendants may claim a prior right to use the design if they can demonstrate that they
were using the design before the date of registration or priority claimed by the rights holder.
Independent creation: Defendants may assert that their design was independently created and not
copied from the protected design.
6. Cross-border enforcement: Design rights holders may enforce their rights across borders by
initiating legal proceedings in multiple jurisdictions or relying on international treaties and
agreements. International cooperation and mutual recognition of judgments facilitate the enforcement
of design rights in different countries.
7. Preventive measures: Design rights holders can take proactive measures to prevent infringement,
such as marking products with design registration numbers, monitoring the market for unauthorized
use, and educating employees and business partners about design rights.
Conclusion: Effective enforcement of design rights is essential for protecting the intellectual
property of designers and encouraging innovation and creativity. By taking legal action against
infringers and seeking appropriate remedies, design rights holders can safeguard their rights and
maintain a competitive edge in the marketplace.
Non-protectable Industrial Designs India:

1. Functional Designs: Industrial designs that serve purely functional purposes without any
ornamental or aesthetic features are generally not protectable.
2. Designs contrary to public order or morality: Industrial designs that are contrary to public order
or morality are not eligible for protection. Designs that promote illegal activities, offend religious or
cultural sentiments, or are considered offensive are non-protectable.
3. Designs lacking novelty or originality: Industrial designs that lack novelty or originality are not
eligible for protection. Designs that are identical or substantially similar to existing designs, or those
that are widely used, may be considered non-protectable.
4. Designs prejudicial to national interest: Designs that are prejudicial to national interest or
security may be excluded from protection. Designs that pose a threat to public safety, national
defence, or sovereignty may be deemed non-protectable.
5. Designs not capable of industrial application: Industrial designs that are impractical for
industrial production may be ineligible for protection. Designs that are purely artistic or conceptual,
without any practical application, may not qualify for industrial design protection.
6. Designs devoid of ornamental features: Industrial designs that lack ornamental or aesthetic
features may not be eligible for protection.
7. Designs in violation of Intellectual Property Rights: Industrial designs that infringe upon
existing intellectual property rights, such as patents, trademarks, or copyrights, may not be eligible
for protection. Designs that incorporate elements protected by third-party rights without authorization
may be considered non-protectable.
Conclusion: While industrial design protection offers legal recognition and exclusivity for new and
original designs, certain designs may be ineligible for protection in India due to various reasons such
as functionality, lack of novelty, or infringement of existing rights. The designers should understand
the criteria for protectable designs to effectively navigate the industrial design registration process.
Protection term of Industrial Designs:

1. Duration of protection: The duration of protection for industrial designs varies depending on the
jurisdiction and type of protection. Industrial design rights provide exclusive rights to the creator of a
design for a specified period, during which others are prohibited from using, making, selling, or
importing products that infringe upon the protected design.
2. Registered design rights: In jurisdictions where registration of industrial designs is required, such
as the United States, the European Union, India and many other countries, registered design rights
typically have a fixed term of protection. The duration of protection for registered designs ranges
from 10 to 25 years, depending on the jurisdiction and renewal provisions. The registered Designs are
protected for 10 years in India and can be extended by 5 years after renewal.
3. Unregistered design rights: In some jurisdictions, industrial designs may be protected
automatically upon creation or first public disclosure, without the need for formal registration.
Unregistered design rights generally have a shorter duration of protection compared to registered
rights. The duration of protection for unregistered designs varies widely by jurisdiction, ranging from
3 to 15 years from the date of creation or first public disclosure.
4. Renewal and maintenance: Registered design rights may require periodic renewal or
maintenance to remain in force for the entire duration of protection. Renewal fees are typically
payable to the relevant intellectual property office to keep the design rights in effect. Failure to pay
renewal fees may result in expiry of design rights, thereby allowing others to freely use the design.
5. International protection: Design rights can be protected internationally through various
mechanisms, including regional agreements and international treaties. International registration
systems such as the Hague Agreement and the European Community Design system streamline the
process of obtaining protection in multiple countries. The duration of protection is generally
determined by the laws of the designated countries.
6. Design renewal and extensions: Some jurisdictions allow for the renewal or extension of design
rights beyond the initial term of protection. Design owners may be able to extend the duration of
protection by filing renewal applications and paying additional fees before the expiration of the
original term.
7. Terminating factors: Design rights may be terminated or invalidated under certain circumstances,
such as non-payment of renewal fees, expiration of the protection term, or voluntary surrender by the
design owner. Design rights may also be invalidated if the design is found to lack novelty, originality,
or industrial applicability, or if it infringes upon the rights of others.
Conclusion: The protection term for industrial designs plays a crucial role in determining the
duration of exclusive rights granted to the creator of a design. Understanding the duration of
protection, renewal requirements, and termination factors is essential for design owners to effectively
manage and enforce their design rights.
Procedure for registration of Industrial Designs

1. Preliminary search: Before filing an application for industrial design registration, it is advisable
to conduct a preliminary search to ensure that the design is new and not already registered by others.
The search helps identify existing designs that may pose obstacles to registration, such as prior art or
conflicting designs.
2. Preparation of application: The next step involves preparing the application for industrial design
registration. The application typically includes details such as the name and address of the applicant,
representations of the design, and a description of the design's features.
3. Filing the application: Once the application is prepared, it is submitted to the relevant intellectual
property office along with the required filing fees. The application may be filed electronically or in
hard copy, depending on the procedures of the intellectual property office.
4. Formal examination: Upon receipt of the application, the intellectual property office conducts a
formal examination to ensure that all required documents and information have been provided. Any
deficiencies in the application may need to be addressed by the applicant within a specified period.
5. Substantive examination: After the formal examination, the industrial design application
undergoes a substantive examination to assess the novelty, originality, and registrability of the
design. Examiners evaluate whether the design meets the criteria for industrial design protection,
such as novelty, ornamental features, and industrial applicability.
6. Publication and opposition: Once the application passes the substantive examination, it is
published in the official gazette or register of industrial designs. Publication provides an opportunity
for third parties to oppose the registration of the design within a specified period, usually by filing a
notice of opposition with the intellectual property office.
7. Registration and issuance of certificate: If no opposition is filed or if the opposition is
unsuccessful, the design is registered, and a registration certificate is issued to the applicant.
8. Maintenance and renewal: Industrial design registrations may require periodic maintenance and
renewal to remain in force for the entire duration of protection. Renewal fees are typically payable to
the intellectual property office at regular intervals to keep the design rights in effect.
9. Enforcement and protection: Once registered, industrial design rights allow the owner to prevent
others from making, using, or selling products that infringe upon the protected design. Design owners
may enforce their rights through legal actions such as injunctions, damages, and seizure of products.
Conclusion: The procedure for registration of industrial designs involves several steps, including
preliminary search, preparation and filing of the application, formal and substantive examination,
publication and opposition, registration, maintenance, and enforcement of design rights.
Fig: Flow chart for Industrial Design registration process.

Source: Office of Controller General of Patents, Designs and Trademarks.
Prior Art search:

1. Definition: A prior art search is a comprehensive investigation conducted to identify existing
designs, patents, and other relevant materials that may be similar or identical to the design in
question. The purpose of a prior art search is to assess the novelty and originality of the design and to
determine whether it meets the criteria for industrial design protection.
2. Importance: Conducting a prior art search helps designers and applicants assess the likelihood of
successfully obtaining design protection. It provides insights into existing designs, allowing designers
to avoid infringement and to refine their designs to make them more distinctive and unique.
3. Steps in conducting a prior art search:
a. Clearly define the scope of the search by identifying key features and characteristics of the design
to be protected.
b. Utilize a variety of search databases and resources, including patent databases, design registries,
academic journals, trade publications, and online repositories.
c. Perform searches using relevant keywords, classification codes, and other search parameters to
identify relevant prior art documents.
d. Evaluate the search results to identify potentially relevant prior art references, including designs,
patents, articles, and publications.
e. Analyse the identified prior art references to assess their relevance and similarity to the design in
question.
4. Documentation and record-keeping: Document the results of the prior art search, including the
search strategy, databases used, search parameters, and relevant prior art references. Maintain
detailed records of the search process to facilitate review, analysis, and decision-making.
.
Conclusion: Conducting a prior art search is an essential step in the process of obtaining industrial
design protection. By systematically identifying and analysing existing designs and patents, designers
and applicants can assess the novelty and originality of their designs and make informed decisions
regarding the pursuit of industrial design protection.
Application for registration:

1. Preparation: Before filing an application for registration, it is essential to prepare all necessary
documents and information. Gather representations of the design, such as drawings, photographs, or
digital images, clearly illustrating its ornamental features and distinctive elements.
2. Applicant information: The application should include details of the applicant, such as name,
address, and contact information. If the applicant is a legal entity, provide information about the
entity's legal status, such as incorporation or registration details.
3. Description of the design: Include a description of the design, highlighting its ornamental
features, aesthetic characteristics, and unique aspects. Provide any relevant information about the
design's functionality, intended use, or technical specifications.
4. Priority claim: If the design is entitled to priority based on an earlier application filed in another
country, include a priority claim in the application. Provide details of the earlier application, such as
the filing date, application number, and country of filing.
5. Filing the application: Submit the application to the relevant intellectual property office. Ensure
that the application is filed with all the required documents and payment of the applicable filing fees.
6. Formal examination: Upon receipt of the application, the intellectual property office conducts a
formal examination to ensure that all required documents and information have been provided. Any
deficiencies in the application may need to be addressed by the applicant within a specified period.
7. Substantive examination: After the formal examination, the application undergoes a substantive
examination to assess the novelty, originality, and registrability of the design. Examiners also look
for other criteria like ornamental features, and industrial applicability.
8. Publication and registration: If the application meets the requirements for registration, the
industrial design is published in the official gazette or register of industrial designs. Upon
publication, the industrial design is registered, and a registration certificate is issued to the applicant,
providing conclusive evidence of the validity and ownership of the industrial design rights.
9. Maintenance and renewal: Industrial design registrations may require periodic maintenance and
renewal to remain in force for the entire duration of protection. Renewal fees are typically payable to
the intellectual property office at regular intervals.
10. Enforcement and protection: Once registered, industrial design rights allow the owner to
prevent others from making, using, or selling products that infringe upon the protected design.
Design owners may enforce their rights through legal actions such as injunctions, damages, and
seizure of infringing products.
Conclusion: The application for registration of industrial designs involves several steps, including
preparation of documents, submission of the application to the intellectual property office, formal and
substantive examination, publication, registration, maintenance, and enforcement of design rights.
Duration of the registration of a design:

1. Defined period: The duration of registration of a design refers to the period for which the
industrial design rights are granted and remain in force. The duration varies depending on the
jurisdiction and type of protection.
2. Registered design rights: In jurisdictions where registration of industrial designs is required, such
as the United States, European Union, and many other countries, registered design rights typically
have a fixed term of protection. The duration of protection for registered designs ranges from 10 to
25 years, depending on the jurisdiction and renewal provisions.
3. Unregistered design rights: In some jurisdictions, industrial designs may be protected
automatically upon creation or first public disclosure, without the need for formal registration.
Unregistered design rights generally have a shorter duration of protection compared to registered
rights. The duration of protection for unregistered designs varies widely by jurisdiction, ranging from
3 to 15 years from the date of creation or first public disclosure.
4. Maximum duration: In most jurisdictions, the maximum duration of registration is capped to
ensure that the protection does not extend indefinitely. The maximum duration varies depending on
the jurisdiction and may range from 15 to 25 years from the filing or registration date.
5. Extension of protection: Some jurisdictions allow for the extension of design rights beyond the
initial term of protection through renewal or maintenance procedures. Design owners may extend the
duration by filing renewal applications and paying required fees before the term expiration.
6. Termination of registration: Design rights registrations may terminate or expire under certain
circumstances, such as non-payment of renewal fees, expiration of the protection term, or voluntary
surrender by the design owner.
7. International protection: Design rights can be protected internationally through various
mechanisms, including regional agreements and international treaties. The duration of protection for
international design registrations is generally determined by the laws of the designated countries.
Conclusion: The duration of design registration determines the period for which industrial design
rights are granted and remain in force. Understanding the duration of protection, renewal
requirements, and termination factors is essential for design owners to manage and enforce their
design rights.
Importance of Design registration:

1. Legal protection: Design registration provides legal protection and exclusive rights to the owner,
preventing others from using, making, selling, or importing products that infringe upon the registered
design. Registered designs offer stronger and more enforceable protection compared to unregistered
designs, making it easier to take legal action against infringers.
2. Commercial advantage: Registered designs confer a commercial advantage by enhancing the
marketability and value of products. Design registration signals to competitors and consumers that
the design is original, distinctive, and legally protected, thereby enhancing brand reputation.
3. Market exclusivity: Design registration grants the owner exclusive rights to use the registered
design for the duration of protection, providing a competitive advantage in the marketplace. The
owner can prevent competitors from capitalizing on the design's visual appeal and distinctive
features, maintaining market exclusivity and market share.
4. Brand differentiation: Unique and distinctive designs help differentiate products from
competitors and create brand identity and recognition. Design registration protects the visual
appearance of products, allowing brands to attract consumer attention.
5. Investment protection: Design registration protects the investment made in the development and
commercialization of new designs. By securing exclusive rights to their designs, designers and
businesses can recoup investments, generate revenue through licensing, and capitalize on the
commercial value of their intellectual property assets.
6. Counteracting infringement: Registered designs enable owners to take legal action against
infringers and enforce their rights through civil litigation or administrative proceedings. Design
registration provides a legal basis for seeking remedies such as injunctions, damages, and seizure of
infringing products, deterring infringement and protecting market share.
7. International recognition: Design registration facilitates international recognition and protection
of designs through various mechanisms, including regional agreements and international treaties.
International registration systems such as the Hague Agreement streamline the process of obtaining
protection in multiple countries, enabling global expansion and market access.
8. Intellectual property portfolio management: Design registration forms an integral part of an
organization's intellectual property portfolio management strategy. By strategically registering
designs, businesses can strengthen their intellectual property portfolio, enhance competitiveness, and
maximize the value of their intangible assets.
Conclusion: Design registration is essential for protecting and maximizing the value of intellectual
property assets. It provides legal protection, commercial advantage, market exclusivity, and brand
differentiation, enabling businesses to safeguard their investments, counteract infringement, and
capitalize on the commercial value of their designs.
Cancellation of the registered design:

1. Grounds for cancellation: Registered designs may be subject to cancellation under certain
circumstances, typically based on specific grounds provided by IP laws and regulations.
2. Invalidity proceedings: Invalidity proceedings may be initiated to challenge the validity of a
registered design. Grounds for invalidity may include lack of novelty, lack of originality, lack of
industrial applicability, or failure to meet other requirements for registration.
3. Third-party challenges: Third parties, including competitors, may challenge the validity or
enforceability of a registered design by filing cancellation proceedings. The burden of proof typically
lies with the party seeking cancellation, who must demonstrate grounds for invalidity or revocation.
4. Administrative or judicial proceedings: Cancellation proceedings may take place through
administrative or judicial channels, depending on the jurisdiction and applicable laws. Administrative
bodies or intellectual property offices may have authority to hear cancellation cases, or disputes may
be resolved through court proceedings.
5. Effect on third parties: Cancellation of a registered design may have implications for third
parties, including licensees, distributors, and consumers. Third parties may be affected by the loss of
exclusivity or may need to adjust their business practices or contractual arrangements accordingly.
Conclusion: Cancellation of a registered design may occur through invalidity or revocation

proceedings initiated on specific grounds provided by intellectual property laws and regulations.
Application forms:
1. Purpose: Application forms for industrial design registration serve as the official documents used
to apply for protection of a design with the relevant intellectual property office.
2. Contents: Application forms typically require detailed information about the applicant, the design
to be registered, and other relevant details. Common contents of application forms may include:
 Applicant's name, address, and contact information.
 Description of the design, including its ornamental features and distinctive elements.
 Representations of the design, such as drawings, photographs, or digital images.
 Priority claim information, if applicable.
 Declaration of ownership and authorization to file the application.
3. Format: Application forms for industrial design registration may be available in both electronic
and paper formats, depending on the procedures of the intellectual property office. Electronic
application forms can be accessed and completed through online filing systems.
4. Filing requirements: Applicants must ensure that they meet all filing requirements specified by
the intellectual property office and accurately complete all sections of the application form. Failure to
provide required information or documents may result in delays or rejection of the application.
5. Submission process: Once completed, the application form and any required supporting
documents are submitted to the relevant intellectual property office. Applicants may submit the
application electronically through online filing systems or in hard copy by mail or in person.
6. Importance of accuracy: Accuracy and completeness in filling out application forms are crucial
to ensure that the application is processed smoothly and efficiently. Errors or inaccuracies in the
application may lead to delays, rejection, or invalidation of the design registration.
A list of important forms is mentioned below.

SL Name of the Form Form No. Fee in Rupees
No. Natural Person Small Entity Large Entity
1 Application for registration of Design Form -1 1000 2000 4000
2 Application for renewal of Design Form -3 2000 4000 8000
3 Application for restoration of Design Form -4 1000 2000 4000
4 Petition for cancellation for registration of Form -8 1500 3000 6000
Design.
5 Notice for intended exhibition or Form -9 500 1000 2000
publication of unregistered Design
6 Application for entry of name or proprietor Form -11 500 1000 2000
in the register
7 Request for correction of clerical error Form -14 500 1000 2000
8 Request for certified copy Form -15 500 1000 2000
9 Application for rectification of Register Form -17 500 1000 2000
10 Notice of Opposition Form -19 100 200 400
Conclusion: Application forms for industrial design registration serve as official documents used to
apply for protection of a design with the relevant intellectual property office. Understanding the
contents, format, filing requirements and submission process of application forms is essential for
applicants to successfully register their industrial designs and obtain legal protection for their
intellectual property.
Classification of industrial designs:

1. Purpose of classification: Classification of industrial designs is a systematic method used to
organize and categorize designs based on their visual and functional characteristics. The primary
purpose of classification is to facilitate the search, examination, registration, and enforcement of
industrial design rights.
2. International classification systems: Various international classification systems are used to

classify industrial designs, including:
 Locarno classification: This is an international system which categorizes designs into different
classes and subclasses based on their visual characteristics and product type.
 Harmonized System (HS): This is a global system used for the classification of goods for
customs and statistical purposes. It includes codes for various product categories.
 Vienna classification: This system is used for categorizing designs based on their figurative
elements, such as shapes, colours, and patterns.
3. Classifying designs: Designs are classified based on various criteria, including:

 Product Type: Designs may be classified according to the type of product to which they are
applied, such as textiles, furniture, footwear, or electronic devices.
 Visual Characteristics: Designs may be classified based on their visual appearance, including
shape, ornamentation, colour, texture, and pattern.
 Functionality: Designs may be classified based on their functional characteristics, such as
ergonomic features, usability, and technical specifications.
4. Benefits of classification: Classification of industrial designs offers several benefits, including:

 Facilitating search: Classification systems enable efficient searching and retrieval of designs by
organizing them into logical categories and subclasses.
 Simplifying examination: Classification systems help examiners by providing a structured
framework for assessing the novelty and originality of designs.
 Enhancing communication: Classification systems facilitate communication and collaboration
among intellectual property offices, designers, businesses, and other stakeholders by providing a
common language for discussing and referencing designs.
 Promoting consistency: Classification systems promote consistency and harmonization in the
registration and enforcement of industrial design rights by establishing uniform standards and
criteria.
5. Evolving classification systems: Classification systems for industrial designs are continuously
evolving to adapt to changes in design trends, technology, and industry practices. Efforts are
underway to harmonize and streamline classification systems globally to improve efficiency,
accuracy, and interoperability.
Conclusion: Classification of industrial designs plays a crucial role in organizing, searching,

examining, and registering designs for intellectual property protection. By categorizing designs based
on their visual and functional characteristics, classification systems facilitate the efficient
management and enforcement of industrial design rights, promoting innovation, creativity, and
economic development.
Designs registration trend in India:

1. Increasing number of applications: In recent years, there has been a noticeable increase in the
number of applications for industrial design registration in India. This trend reflects growing
awareness among designers, businesses, and innovators about the importance of protecting their
designs and intellectual property rights.
2. Focus on innovation and creativity: Design registration trends in India reflect a growing
emphasis on innovation, creativity, and design-led entrepreneurship. Designers and businesses are
increasingly recognizing the value of investing in design-driven innovation to differentiate their
products, enhance competitiveness, and create value in the marketplace.
3. Diversification of industries: Industrial design registration in India spans a diverse range of
industries, including consumer goods, electronics, textiles, automotive, furniture, and fashion. Design
protection is sought by a wide range of stakeholders, including individual designers, start-ups, small
and medium enterprises (SMEs), and multinational corporations (MNCs).
4. Emphasis on aesthetic appeal: Indian consumers are becoming increasingly selective and
demanding when it comes to product aesthetics and design. Design registration trends in India reflect
a growing emphasis on aesthetic appeal, visual attractiveness, and user-centric in product categories.
5. Growth of design-led industries: Design-led industries, such as fashion, textiles, handicrafts, and
home decor, are experiencing significant growth in India. Design registration trends in these
industries reflect a focus on protecting traditional designs, cultural heritage, and indigenous
knowledge, as well as promoting innovation and sustainability.
6. Rise of design awareness programs: Government initiatives, industry associations, and academic
institutions in India are actively promoting design awareness and capacity-building programs. These
programs aim to educate designers, entrepreneurs, and policymakers about the importance of design
protection, intellectual property rights (IPR), and design management practices.
7. Adoption of digital platforms: The adoption of digital platforms and online filing systems has
simplified and streamlined the process of industrial design registration in India. Designers and
businesses can now file applications, track status, and manage their design portfolios more efficiently
through online platforms provided by the Office of the Controller General of Patents, Designs, and
Trademarks (CGPDTM).
8. International collaboration and harmonization: India is actively collaborating with
international organizations and stakeholders to harmonize design registration procedures, standards,
and classification systems. Efforts are underway to align India's design registration framework with
global best practices, promote cross-border design protection, and facilitate international trade and
investment.
Fig: Industrial Designs Profile in India

Source: Sagacious IP
Conclusion: Designs registration trends in India reflect a growing recognition of the importance of
design protection as a driver of innovation, competitiveness, and economic development. By
leveraging emerging trends, addressing challenges, and seizing opportunities, India can harness the
full potential of its design ecosystem to create value, foster creativity, and build a vibrant design-led
economy.
International Treaties:
1. Paris Convention for the protection of industrial property (1883):

 The Paris Convention is one of the oldest and most significant international treaties related to
intellectual property.
 It establishes basic principles of intellectual property protection and provides for the mutual
recognition of industrial property rights, including patents, trademarks, and industrial designs,
among member countries.
 The Convention includes provisions for priority rights, which allow applicants to claim priority
based on an earlier application filed in another member country.
2. Hague Agreement concerning the international registration of Industrial Designs (1960):

 The Hague Agreement is an international treaty administered by the World Intellectual Property
Organization (WIPO).
 It provides a centralized system for the international registration of industrial designs, allowing
applicants to obtain protection in multiple member countries through a single application.
 The Hague System streamlines the process of obtaining and managing international design
registrations, facilitating global protection and enforcement of design rights.
3. TRIPS Agreement (Agreement on Trade-related aspects of IPR) (1994):

 The TRIPS is a multilateral agreement administered by the World Trade Organization (WTO).
 It sets minimum standards for the protection and enforcement of intellectual property rights,
including industrial designs, among member countries.
 TRIPS require member countries to provide adequate protection for industrial designs and to
establish effective enforcement mechanisms to combat infringement.
4. Geneva Act of the Hague Agreement (1999):

 The Geneva Act of the Hague Agreement introduced significant amendments to the Hague
Agreement, expanding its scope and enhancing its effectiveness.
 It introduced substantive and procedural improvements to the international design registration
system, including the introduction of an opt-in mechanism for providing substantive examination
and the expansion of the scope of protection.
5. Doha declaration on the TRIPS Agreement and Public health (2001):

 The Doha declaration reaffirms the flexibility of the TRIPS Agreement to address public health
concerns, including access to medicines.
 While primarily focused on patents and access to medicines, the Declaration also underscores the
importance of intellectual property rights, including industrial designs, in promoting innovation,
technology transfer, and economic development.
6. Regional Treaties and Agreements:

 In addition to international treaties, various regional agreements and arrangements govern the
protection and enforcement of industrial designs among member countries.
 Examples include the European Union's Community Design system, the African Regional
Industrial Property Organization (ARIPO), and the Eurasian Patent Convention.
7. Importance and Impact:

 International treaties play a crucial role in harmonizing and standardizing the protection and
enforcement of industrial designs across borders.
 By providing a framework for cooperation and mutual recognition of design rights, treaties
facilitate international trade, investment, and technology transfer, contributing to economic growth
and development.
Conclusion: International treaties on industrial designs establish legal frameworks and mechanisms
for the protection and enforcement of design rights across borders. By promoting cooperation,
harmonization, and mutual recognition of design rights among member countries, treaties facilitate
global trade, innovation, and economic development, benefiting creators, businesses, and consumers
worldwide.
Famous case law: Apple Inc. vs. Samsung Electronics Co.

The case of Apple Inc. v. Samsung Electronics Co. is one of the most notable intellectual property
disputes in recent history, involving allegations of patent infringement, design infringement, and
unfair competition between two tech giants. Here are the details of the case:
Background:
Parties involved:
Plaintiff: Apple Inc., an American multinational technology company known for its iPhone, iPad,
and other consumer electronics.
Defendant: Samsung Electronics Co., a South Korean multinational conglomerate engaged in
various businesses, including electronics.
Timeline:
 The legal battle between Apple and Samsung began in April 2011 when Apple filed a lawsuit
against Samsung in the United States District Court for the Northern District of California,
alleging infringement of various design patents, utility patents, and trademarks.
 Samsung countersued Apple, alleging patent infringement and asserting its own patents in several
jurisdictions worldwide.
 The litigation spanned multiple years and involved numerous court proceedings, including trials,
appeals, and injunctions, in various countries.
Allegations and Claims:

Apple's allegations:
 Apple accused Samsung of copying the design, user interface, and functionality of its iPhone and
iPad products, alleging infringement of several design patents, utility patents, and trademarks.
 Apple claimed that Samsung's smartphones and tablets, including the Galaxy S series and Galaxy
Tab series, infringed upon its intellectual property rights, leading to unfair competition and
consumer confusion.
Samsung's defence:
 Samsung denied the allegations of infringement and argued that its products were the result of
independent innovation and competition in the marketplace.
 Samsung countersued Apple, alleging infringement of its own patents related to wireless
communications, user interfaces, and other technologies.
Court decisions and outcomes:

United States:
 In August 2012, a jury in the United States found Samsung liable for patent infringement and
awarded Apple over $1 billion in damages.
 Subsequent legal proceedings led to adjustments in the damages awarded and appeals by both
parties.
 In December 2016, the U.S. Supreme Court ruled in Samsung's favour, overturning an earlier
decision that awarded damages to Apple and sending the case back to lower courts for further
proceedings.
International cases:
 Similar lawsuits between Apple and Samsung were filed in various countries worldwide,
including South Korea, Australia, Japan, Germany, and the United Kingdom.
 Court decisions in different jurisdictions varied, with some ruling in favour of Apple, some in
favour of Samsung, and others issuing mixed decisions.
Impact and significance:

Industry impact:
 The Apple vs. Samsung case had a significant impact on the technology industry, influencing
product design, competition, and intellectual property strategy.
 The case highlighted the importance of design patents and the potential consequences of patent
infringement in the rapidly evolving smartphone market.
Legal precedent:
 The case set important legal precedents regarding the enforcement of design patents, the
calculation of damages for infringement, and the scope of intellectual property protection in the
technology sector.
 It underscored the need for companies to carefully evaluate their intellectual property rights,
engage in strategic licensing agreements, and consider alternative dispute resolution mechanisms
to avoid costly litigation.
Continued competition:
 Despite the legal battles, Apple and Samsung continued to compete vigorously in the global
smartphone market, introducing new products and innovations while also engaging in
collaborations and licensing agreements in certain areas.
Conclusion:
The case of Apple Inc. v. Samsung Electronics Co. represents a landmark legal dispute in the
technology industry, involving allegations of patent infringement, design infringement, and unfair
competition between two major players. While the litigation resulted in significant legal costs and
complex court proceedings, it also underscored the importance of intellectual property rights,
competition, and innovation in the modern marketplace.
Geographical Indications (GI):
Geographical Indications (GIs) are a form of intellectual property rights (IPR) that identify goods
originating from a specific geographical location and possessing qualities or characteristics that are
associated to that place of origin. GIs are crucial for protecting and promoting unique products that
have a strong association with their geographical origin.
Examples of Geographical Indications:

 Roquefort Cheese: Comes from a specific region in France and is made using specific traditional
methods.
 Darjeeling Tea: A tea variety from the Darjeeling region in India known for its unique flavour
and characteristics.
 Champagne: A sparkling wine produced from grapes grown in the Champagne region of France.
 Parmigiano-Reggiano: A cheese from Italy made exclusively from specific regions and
following traditional methods.
 Lakadong Turmeric: Turmeric from Meghalaya has been awarded the GI.
Key characteristics:
Geographical origin: GIs must originate from a specific geographical location.
Quality or reputation: The product's quality, reputation, or other characteristics should be
essentially attributable to its geographical origin.
Protection: GIs are protected to prevent misuse, imitation, or misrepresentation. This protection can
include legal measures at national and international levels.
Benefits of Geographical Indications:

Economic value: GIs can add significant value to products, allowing producers in specific regions to
command higher prices due to their unique qualities.
Preservation of heritage: GIs help preserve traditional methods of production and cultural heritage
associated with specific regions.
Consumer confidence: Consumers can have confidence in the quality and authenticity of products
bearing a GI, knowing they are buying a product with specific characteristics tied to its geographical
origin.
Acts, laws and rules pertaining to GI:
TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights):

 The TRIPS Agreement, administered by the World Trade Organization (WTO), sets out standards
for the protection of intellectual property rights, including GIs in member countries.
The Paris Convention for the protection of Industrial Property:
 This international treaty provides protection for industrial property, including GIs and encourages
member states to provide effective legal means against unfair competition.
Laws on Geographical Indications (National Legislation):
 Many countries have enacted specific laws or incorporated provisions within existing intellectual
property laws to protect GIs. These laws typically define GIs, establish criteria for registration,
outline the rights of producers, and provide mechanisms for enforcement.
European Union Regulations on Geographical Indications:
 The European Union (EU) has comprehensive regulations governing registration and protection of
GIs, including agricultural products and foodstuffs, wines, spirits, and aromatized wines.
Indian Geographical Indications of Goods (Registration and Protection) Act, 1999:
 This act provides for the registration and protection of GIs in India. It establishes the Geographical
Indications Registry and outlines procedures for the registration and enforcement of GIs.
United States Federal Law on Geographical Indications:

 While the United States does not have a comprehensive federal law specifically for GIs, it
provides protection through various means, including the Lanham Act (Trademark Act of 1946),
which prohibits false advertising and trademark infringement.
International Treaties and Agreements:
 Apart from the TRIPS Agreement and the Paris Convention, various international treaties and
agreements may include provisions related to the protection of GIs.
WIPO (World Intellectual Property Organization) Initiatives:
 WIPO provides support to member states in developing legal frameworks, guidance, and
assistance in registration, protection, enforcement and capacity-building initiatives related to GIs.
Conclusion:
Geographical Indications are protected through a combination of national laws, international
agreements, and regional regulations. These legal frameworks establish criteria for registration,
define rights and obligations of producers, and provide mechanisms for enforcement to prevent
misuse and misappropriation of GIs.
Ownership of GI:
1. Collective ownership:
 GIs are typically owned collectively by the producers or stakeholders associated with the
geographical region from which the product originates.
 Ownership is often vested in associations, cooperatives, or organizations representing producers
within the designated geographical area.
2. Community ownership:
 GIs often reflect the collective heritage, culture, and traditional knowledge of communities
associated with the geographical region.
 Communities play a vital role in the preservation, promotion, and management of GIs and their
involvement in decision-making processes is crucial.
3. Legal frameworks:
 Ownership of GIs is governed by legal frameworks established at national and international levels.
 National laws or regulations on GIs typically define ownership rights, criteria for registration, and
procedures for dispute resolution.
 International agreements such as the TRIPS Agreement may provide guidelines for the protection
and management of GIs, including provisions related to ownership.
4. Registration and protection:
 Producers or organizations seeking ownership of GIs must often apply for registration with the
relevant authorities.
 Registration criteria may include proof of geographical origin, evidence of distinctiveness, and
support from the local community or relevant stakeholders.
 Once registered, GIs are protected against unauthorized use, imitation, or misrepresentation, and
owners have the right to enforce these protections.
5. Responsibilities of ownership:
 Owners of GIs have responsibilities to ensure the integrity, quality, and reputation of the products
associated with the GI.
 This may include implementing quality control measures, promoting the GI, and maintaining
transparency and accountability in production practices.
6. Socio-economic considerations:
 Ownership of GIs often has socio-economic implications for local communities, including
opportunities for economic development, cultural preservation, and sustainable agriculture.
 Balancing the interests of different stakeholders, including producers, consumers, and local
communities, is essential in managing GIs effectively.
Conclusion:
Ownership of Geographical Indications involves collective rights held by producers or stakeholders
associated with the geographical region. Legal frameworks, registration procedures, and community
involvement play key roles in defining and protecting GI ownership rights. Effective management of
GIs requires cooperation between stakeholders, adherence to quality standards, and consideration of
socio-economic impacts on local communities.
Rights granted to the holders:
1. Exclusive use: Holders of registered GIs typically have the exclusive right to use the GI to identify
products originating from the designated geographical area. This exclusive right prevents
unauthorized parties from using the GI to market or sell products.
2. Protection against misuse: GIs are protected against unauthorized use, imitation, or misuse that
could mislead consumers about the geographical origin, quality, or characteristics of the products.
Holders have the right to take legal action against infringing parties to prevent or stop such use.
3. Right to prevent unfair competition: Holders of GIs have the right to prevent unfair competition
from producers or traders who seek to capitalize on the reputation or goodwill associated with the GI
without authorization. This includes false advertising practices that could harm the producers.
4. Control over quality standards: Holders of GIs have the authority to establish and enforce
quality standards, production methods, and other specifications for products bearing the GI. This
helps maintain consistency and ensure that products meet the expected standards of quality,
authenticity, and characteristics associated with the geographical origin.
5. Collective management: In many cases, rights to GIs are collectively managed by associations,
organizations, or groups representing producers from the designated geographical area. This ensures
the use, protection, and promotion of the GI aspirations of the local community or stakeholders.
6. Licensing and certification: Holders of GIs may grant licenses to producers who meet the
specified criteria and standards for using the GI. Licensing agreements typically outline the terms and
conditions including quality control measures, royalties, and compliance with regulations.
7. Economic benefits: Protection of GIs can provide economic benefits to holders by enhancing the
market value, competitiveness, and market access. GIs can command premium prices, attract
consumers seeking authentic and high-quality products.
8. Duration of rights: The duration of rights granted to holders of GIs varies depending on the legal
framework and registration procedures in place. In many cases, GI rights are renewable for
successive periods, subject to compliance with registration requirements and other conditions.
Conclusion:
Holders of Geographical Indications are granted various rights to protect and promote the unique
qualities, reputation, and heritage associated with products originating from specific geographical
areas. These rights include exclusive use, protection against misuse, control over quality standards,
and the authority to prevent unfair competition.
Registered GI in India:
1. Darjeeling Tea: Originating from the Darjeeling district in West Bengal, Darjeeling Tea is known
for its distinct flavour and aroma. It received GI status in 2004. The GI tag ensures that only tea
produced in specific gardens of Darjeeling region, with strict quality standards, can bear the
Darjeeling Tea label.
2. Basmati Rice: Basmati Rice, prized for its long grains and aromatic flavour, is primarily
cultivated in the Indo-Gangetic plains of the Indian subcontinent. The GI registration ensures that
only rice meeting specific criteria, including geographical origin and grain characteristics, can be
labelled as Basmati.
3. Alphonso Mango: Alphonso mango, also known as Hapus, is a premium variety of mango
cultivated mainly in the Ratnagiri and Devgad regions of Maharashtra. The GI tag protects the unique
qualities and reputation of Alphonso mango, ensuring that only mangoes grown in the designated
areas can be marketed under this name.
4. Kanchipuram Silk Saree: Kanchipuram Silk Saree, renowned for its rich texture and intricate
designs, is hand-woven in the town of Kanchipuram in Tamil Nadu. The GI registration highlights
the traditional craftsmanship and geographical significance of Kanchipuram Silk Sarees, protecting
them from imitation.
5. Nagpur Orange: Nagpur Orange, grown in the Nagpur region of Maharashtra, is known for its
sweet flavour and vibrant colour. The GI tag ensures that oranges grown in that area, characterized
by the unique soil and climatic conditions, can be marketed as Nagpur Orange.
6. Pochampalli Ikat: Pochampalli Ikat, a traditional textile craft originating from the Pochampalli
region in Telangana, involves tie-dyeing the yarn before weaving to create intricate patterns. The GI
registration recognizes the cultural heritage and craftsmanship, protecting it from unauthorized
replication.
7. Banarasi Saree: Banarasi Saree, handwoven in Varanasi (formerly known as Banaras) in Uttar
Pradesh, is renowned for its opulent silk fabric and intricate zari work. The GI status safeguards the
authenticity and quality of Banarasi Sarees.
8. Malabar Pepper: Malabar Pepper, grown in the Malabar region of Kerala, is prized for its rich
flavour and aroma. The GI registration highlights the geographical origin and distinctive qualities of
Malabar Pepper, protecting it from adulteration and maintaining its reputation in the market.
A few stands out GI are mentioned in the below table:
GI Type State
Darjeeling Tea Agriculture West Bengal
Mysore Silk Handicraft Karnataka
Kashmir Pashmina Handicraft Jammu & Kashmir
Banaras Brocades and Sarees Handicraft Uttar Pradesh
Naga Mircha Agriculture Nagaland
Tirupathi Laddu Foodstuff Andhra Pradesh
Phulkari (fold embroidery) Handicraft Punjab, Haryana, Rajasthan
Basmathi Rice Agriculture India
Conclusion:
India boasts a rich cultural and geographical diversity, reflected in its diverse range of Geographical
Indications (GIs). These registered GIs not only preserve traditional crafts and agricultural practices
but also contribute to the economic development of the regions associated with their production. The
GI tags ensure authenticity, protect against imitation, and promote the unique qualities and heritage
of products originating from specific geographical areas in India.
Identification of registered GI:
1. Official GI Registry: Each country typically maintains an official registry or database of

registered GIs. We can access this registry either online through government websites or by visiting
the relevant government office responsible for intellectual property rights. The head of Indian GI
registry is at GI Registry Intellectual Property Office Building, Industrial Estate, G.S.T Road,
Guindy, and Chennai - 600032.
2. GI labels and logos: Products bearing registered GIs often display specific labels, logos, or
certification marks indicating their geographical origin and authenticity. Look for these labels or
marks on product packaging or tags as they serve as visible indicators of GI registration.
3. Packaging and branding: Products associated with registered GIs may include information about
their geographical origin prominently on their packaging or branding materials. This information
typically highlights the name of the GI, the geographical area of origin, and sometimes additional
details about the product's unique qualities or production methods.
4. Product documentation: Documentation accompanying the product, such as certificates of origin

or authenticity, may provide details about the GI registration. Look for references to GI registration
numbers, dates of registration, and the issuing authority to verify the authenticity of the GI.
5. GI websites and databases: Some countries maintain online databases or websites dedicated to
GIs, providing comprehensive information about registered GIs, including their geographical origin,
product characteristics, and ownership details.
6. Certification authorities: Certification authorities or organizations responsible for overseeing GI

registration and compliance may provide information or assistance in identifying registered GIs.
Contacting these authorities or visiting their offices can help clarify any doubts or queries regarding
the status of a particular GI.
7. Trade associations and producers: Trade associations or producer groups associated with
specific GIs may offer guidance or assistance in identifying products bearing the GI. These
organizations often collaborate closely with regulatory authorities and maintain up-to-date
information about registered GIs within their respective industries.
8. Legal documentation: Legal documents related to the registration of GIs, such as registration
certificates or official gazette notifications, may contain detailed information about the registered GI.
Accessing these documents through government archives or intellectual property offices can provide
authoritative confirmation of GI registration status.
Conclusion:
Identifying registered Geographical Indications (GIs) involves utilizing official registries, labels,
packaging, documentation, online resources, and assistance from relevant authorities/organizations.
By paying attention to these indicators and conducting thorough research, consumers, traders, and
stakeholders can ensure the authenticity and integrity of products associated with registered GIs.
Geographical Indication logos and labels

Classes of GI:
Geographical Indications (GIs) can be classified into various categories based on the type of products
they represent. Here are the common classes of Geographical Indications:
1. Agricultural products: This class includes agricultural products such as fruits, vegetables, grains,
spices, and herbs. Examples: Darjeeling Tea, Basmati Rice, Nagpur Orange.
2. Food products: Food products encompass a wide range of processed or prepared items derived
from agricultural produce. Examples: Parmigiano-Reggiano cheese, Champagne wine, Kona coffee.
3. Beverages: This class comprises various beverages, including alcoholic and non-alcoholic drinks,
with specific geographical origins. Examples: Scotch whisky, Tequila, Champagne.
4. Textiles and Handicrafts: Textiles and handicrafts represent traditional crafts and artisanal
products originating from specific regions. Examples: Kanchipuram Silk Saree, Pochampalli Ikat,
Harris Tweed fabric.
5. Industrial products: Industrial products encompass manufactured goods that have unique
characteristics or qualities attributable to their geographical origin. Examples: Solingen knives
(Germany), Murano glass (Italy), Solapur chappal (India).
6. Natural resources: This class includes natural resources such as minerals, stones, timber, and
water with specific geographical origins and qualities. Examples: Carrara marble (Italy), Blue John
stone (UK), Himalayan pink salt.
7. Traditional practices and knowledge: Geographical Indications may also protect traditional
practices, knowledge, or cultural heritage associated with specific regions. Examples: Chinese
acupuncture, Ayurveda medicines (India), Navajo weaving (USA).
8. Services: While less common, GIs can also be associated with services provided in specific
geographical areas. Examples: Swiss banking services, Kerala backwater tourism (India),
Champagne tourism (France).
Conclusion:
GIs cover a diverse range of products, from agricultural produce and food items to textiles,
handicrafts, industrial goods, natural resources, traditional practices, and services. These classes of
GIs help protect the unique qualities, heritage, and reputation of products and services associated
with specific geographical regions.
Non-registerable GI:
While many Geographical Indications (GIs) are eligible for registration to receive legal protection,
there are certain criteria that may render a GI non-registerable. Here are some common reasons why a
GI may not be eligible for registration:
1. Generic terms: GIs that have become generic terms used to describe a category of products rather
than specific products from a particular geographical region may not be eligible for registration.
Example: "Cheddar" cheese has become a generic term for a type of cheese, rather than specifically
indicating cheese produced in the Cheddar region of England.
2. Descriptive terms: GIs that merely describe the characteristics or qualities of a product, rather
than indicating its geographical origin, may be considered descriptive and therefore non-registerable.
Example: "Creamy" butter or "Crunchy" apples do not indicate a specific geographical origin and are
thus not eligible for GI registration.
3. Misleading terms: GIs that are likely to mislead consumers about the true geographical origin or
characteristics of a product may be refused registration. Example: Using the name of a famous region
known for producing a certain product to market a similar product from a different region could
mislead consumers hence may not be registerable.
4. Generic varieties: GIs that refer to generic varieties of products rather than distinct varieties
associated with a specific geographical region may not be eligible for registration. Example: "Red
Delicious" apples are a variety of apple that can be grown in various regions and do not necessarily
indicate a specific geographical origin.
5. Not linked to Geographical origin: GIs that do not have a clear connection to a specific
geographical region or lack evidence demonstrating that the product's qualities are essentially
attributable to that region may be refused registration. Example: A product name that does not
reference any specific geographical area and does not have a documented history of production in a
particular region may not be registerable as a GI.
6. Offensive or controversial terms: GIs that contain offensive, obscene, or controversial terms may
be rejected for registration due to public policy considerations or potential harm to the reputation of
the product. Example: Names that perpetuate negative stereotypes or have derogatory connotations
are unlikely to be approved for GI registration.
Conclusion:
While many Geographical Indications (GIs) are eligible for registration to receive legal protection,
there are criteria that may render a GI non-registerable. It's important for stakeholders involved in the
registration process to be aware of these criteria to ensure compliance with applicable regulations and
to avoid potential issues during the registration process.
Protection of GI:
1. Legal frameworks: GIs are protected through legal frameworks established at national, regional,
and international levels. National laws and regulations typically provide for the registration,
protection, and enforcement of GIs within a specific country. International agreements and treaties,
such as the TRIPS Agreement administered by the World Trade Organization (WTO), may require
member countries to provide minimum standards of protection for GIs.
2. Registration: GIs are often required to be registered with the appropriate governmental or
regulatory authorities to receive legal protection. Registration involves demonstrating that the
product possesses qualities or characteristics attributable to its geographical origin and meeting
specified criteria and requirements.
3. Exclusive rights: Holders of registered GIs are granted exclusive rights to use the GI to identify
products originating from the designated geographical area. This prevents unauthorized parties from
using the GI to market or sell products that do not meet the specified criteria or standards.
4. Protection against misuse: GIs are protected against unauthorized use, imitation, or misuse that
could mislead consumers about the geographical origin, quality, or characteristics of the products.
Holders have the right to take legal action against infringing parties to prevent or stop such
unauthorized use.
5. Enforcement mechanisms: Legal frameworks typically provide mechanisms for the enforcement
of GI rights, including civil and administrative remedies, injunctions, and penalties for infringement.
Enforcement authorities may conduct inspections, investigations, and legal proceedings to address
instances of misuse or unauthorized use of GIs.
6. Certification and labelling: Certification schemes and labelling requirements may be established
to verify the authenticity and quality of products bearing GIs. Certifying bodies/authorities may issue
certificates of origin or authenticity to products that meet the specified criteria for GI protection.
7. International Cooperation: Given the global nature of trade and commerce, international
cooperation is essential for the effective protection and management of GIs. Countries may enter into
agreements or treaties to facilitate mutual recognition and enforcement of GI rights, promoting fair
trade practices and preventing disputes.
8. Public awareness and education: Public awareness campaigns and educational initiatives may be
conducted to raise awareness about the importance of GIs, their significance in preserving cultural
heritage, and the benefits of supporting products with GIs. Educating consumers, producers, and
other stakeholders can help foster appreciation for GIs and promote their value in the marketplace.
Conclusion:
Protection of GIs involves establishing legal frameworks, granting exclusive rights, enforcing GI
rights, implementing certification and labelling schemes, promoting international cooperation, and
raising public awareness. These measures aim to safeguard the integrity, authenticity, and reputation
of products associated with specific geographical regions, thereby promoting fair trade practices,
preserving cultural heritage, and ensuring consumer confidence.
Collective or certification marks:
1. Collective marks: In the context of GIs, collective marks are often used by groups of producers or
stakeholders associated with a specific geographical region to identify products that meet designated
standards or criteria. Collective marks help consumers recognize products originating from the
designated geographical area and provide assurance of quality, authenticity, and adherence to specific
production methods.
2. Certification marks: In the context of GIs, certification marks are commonly used to indicate that
a product originates from a specific geographical region and meets the requirements for GI
protection. Certification marks are granted by certifying bodies/authorities responsible for verifying
compliance with GI standards and may be affixed to products as a sign of authenticity and quality.
3. Purpose: Both collective and certification marks serve similar purposes in the context of GIs,
namely to:
 Identify products or services as originating from a specific geographical area.
 Assure consumers of the quality, authenticity, and unique characteristics associated with the
geographical origin.
 Promote and protect the reputation of products associated with the GI.
4. Ownership and management: Collective marks are owned and managed by associations,
cooperatives, or collective groups of producers associated with the geographical region. Certification
marks are owned and managed by independent certifying bodies or authorities responsible for
establishing and enforcing GI standards.
5. Use and licensing: Members of an association or collective group may be authorized to use a
collective mark on their products or services, provided they meet the criteria established by the
association. Products bearing a certification mark must meet the specified standards or criteria
established by the certifying body to be eligible for certification.
6. Legal protection: Collective and certification marks used in connection with GIs may receive
legal protection under specific regulations governing GIs. Legal protection helps prevent
unauthorized use or misuse ensuring the integrity and reputation of products associated with the GI.
7. Examples: Examples of collective and certification marks used for GIs include:
 "Swiss Made" certification mark for Swiss watches.
 "Champagne" collective mark used by Champagne producers in France.
 "PDO" (Protected Designation of Origin) and "PGI" (Protected Geographical Indication)
logos used in the European Union to certify products with GI status.
Conclusion:
Collective and certification marks play a crucial role in identifying, promoting, and protecting
Geographical Indications (GIs). These marks help consumers recognize products originating from
specific geographical regions and provide assurance of quality, authenticity, and adherence to
established standards.
Enforcement of GI rights:
1. Legal framework: Enforcement of GI rights is primarily governed by national laws and

regulations, as well as international agreements and treaties. National laws typically provide
mechanisms for the registration, protection, and enforcement of GIs, including civil and
administrative remedies, injunctions, and penalties for infringement.
2. Civil remedies: Civil remedies for GI infringement may include:
Injunctions: Court orders prohibiting the unauthorized use of the GI.
Damages: Compensation awarded to the holder of the GI for losses suffered due to infringement.
Account of profits: Recovery of profits gained by the infringing party through unauthorized use.
Seizure and destruction: Court authorizes the seizure and destruction of infringing products.
3. Administrative remedies: Administrative authorities may have the power to enforce GI rights
through administrative proceedings, such as:
Inspection and investigation: Conducting inspections and investigations to identify infringement.
Cease and desist orders: Issuing orders to cease and desist from using the GI unlawfully.
Fines and penalties: Imposing fines or penalties on parties found guilty of GI infringement.
4. Border measures: Border measures may be implemented to prevent the importation or
exportation of infringing products bearing GIs. Customs authorities may detain or seize goods
suspected of infringing GI rights and may notify the rights holder or take legal action against the
importer or exporter.
5. Criminal sanctions: In some jurisdictions, GI infringement may constitute a criminal offense
punishable by fines, imprisonment, or other penalties. Criminal sanctions may be imposed for serious
or repeated violations of GI rights, such as counterfeiting or fraud.
6. Awareness and education: Awareness-raising campaigns and educational initiatives may be
conducted to inform stakeholders about the importance of GI protection and enforcement. Training
programs may be organized to enhance the capacity of enforcement authorities and raise awareness
among consumers, producers, and other stakeholders.
7. Dispute resolution mechanisms: Dispute resolution mechanisms, such as mediation, arbitration,
or litigation, may be available to resolve disputes related to GI rights. Alternative dispute resolution
methods may offer quicker and more cost-effective solutions compared to traditional litigation.
Conclusion:
Enforcement of GI rights is essential to protect the integrity, reputation, and economic interests
associated with GI products. Effective enforcement requires a robust legal framework, including civil
and administrative remedies, border measures, criminal sanctions, cooperation and coordination
between stakeholders, awareness and education initiatives, and dispute resolution mechanisms.
Procedure for GI registration:
1. Pre-application stage: Gather information about the product, its geographical origin, historical
significance, and unique qualities. Engage with producers, associations, and other stakeholders
associated with the geographical region to assess interest and support for GI registration.
2. Preparing the application: Clearly define the geographical area and the product to be covered by
the GI registration. Prepare supporting documents, such as historical evidence, maps, descriptions of
production methods, and quality standards. Define criteria for eligibility, including geographical
boundaries, product characteristics, and quality standards.
3. Application submission: File the application for GI registration with the designated government
or regulatory authority responsible for intellectual property rights. Complete the prescribed
application form, providing all necessary information and supporting documents as required.
4. Examination and publication: The GI authority conducts a formal examination of the application
to ensure compliance with registration requirements. Once the application is complete and compliant,
it may be published in an official gazette/public database for public scrutiny and objections.
5. Opposition period: Interested parties may file objections or oppositions against the GI application
within a specified period after publication. The GI authority may review objections, conduct
hearings, and facilitate negotiations between parties to resolve disputes amicably.
6. Registration decision: If the GI application meets all requirements and no valid objections are
raised, the GI is approved for registration. The GI authority issues a registration certificate
confirming the registration of the GI and its associated rights.
7. Post-registration procedures: Renew the GI registration periodically as required by law to
maintain protection. Apply for amendments such as changes in the geographical area or product
specifications. Monitor and enforce GI rights against unauthorized use or infringement.
Conclusion:
The procedure for Geographical Indication (GI) registration involves several stages, including pre-
application research and consultation, preparation of the application, submission to the relevant
authority, examination, publication, opposition period, and examination of substantive requirements,
registration decision, and post-registration procedures.
Documents required for GI registration:
1. Application form: The prescribed application form provided by the designated governmental or
regulatory authority responsible for GI registration. The application form typically includes fields for
providing information about the geographical area, product, producers, and other relevant details.
2. Description of the geographical area: Detailed description of the geographical area associated
with the GI, including boundaries, landmarks, topography, and other relevant geographical features.
Maps or diagrams illustrating the geographical area may be included to supplement the description.
3. Historical evidence: Historical documentation supporting the association of the product with the
geographical area over time. Historical records, archives, literature, or oral history documenting the
origin, development, and significance of the product within the geographical region.
4. Product specifications: Detailed specifications of the product covered by the GI, including its
characteristics, qualities, production methods, and traditional knowledge. Information about raw
materials, processing techniques, quality standards and other relevant factors that contribute to the
uniqueness of the product.
5. Quality standards: Specifications or standards outlining the quality requirements that products
bearing the GI must meet. Criteria for assessing the quality, authenticity, and characteristics of the
product, as well as procedures for quality control and assurance.
6. Producer information: Details of producers, associations, cooperatives, or organizations involved
in the production, processing, or marketing of the product. Contact information, membership lists,
organizational structure, and evidence of support for GI registration from relevant stakeholders.
7. Authorization letters: Authorization letters or declarations from producers, associations, or other
stakeholders authorizing the submission of the GI application on their behalf. Proof of consent or
support from relevant parties involved in the production or promotion of the product.
8. Supporting documentation: Additional supporting documents may include scientific studies,
market research reports, testimonials, endorsements, or any other evidence validating the association
of the product with the geographical area and its unique qualities.
Conclusion:
The documents required for Geographical Indication (GI) registration play a crucial role in
establishing the association of the product with the geographical area, demonstrating its unique
qualities and characteristics, and meeting the eligibility criteria for GI protection. By providing
comprehensive and accurate documentation, stakeholders can strengthen their GI application,
enhance the chances of registration approval, and obtain legal protection for products associated with
specific geographical regions.
GI Ecosystem in India:
1. Regulatory framework: The protection of GIs in India is governed by the Geographical

Indications of Goods (Registration and Protection) Act, 1999, and its associated rules. The Act
provides for the registration and protection of GIs to promote and protect indigenous products and
traditional knowledge associated with specific geographical regions.
2. National GI Registry: The Office of the Controller General of Patents, Designs and Trademarks
(CGPDTM) serves as the national registry for GIs in India. The CGPDTM is responsible for
receiving GI applications, examining them, and granting registration to eligible GIs.
3. Registration process: The GI registration process in India involves submitting an application to
the CGPDTM, which is examined for compliance with registration requirements. If the application
meets all criteria and no valid oppositions are raised, the GI is granted registration.
4. Registered GIs: India has a diverse range of registered GIs covering various products from
different geographical regions. Examples include Darjeeling Tea, Basmati Rice, Kanchipuram Silk
Saree, Alphonso Mango, and more.
5. Stakeholder engagement: Producers, associations, cooperatives, and other stakeholders
associated with GIs play a crucial role in the GI ecosystem. Stakeholder engagement is essential for
identifying potential GIs, gathering documentation, and obtaining support for GI registration.
6. Government support: The Indian government provides support and incentives to promote the
registration and protection of GIs. Initiatives include capacity-building programs, financial
assistance, awareness campaigns, and policy advocacy to strengthen the GI ecosystem.
7. Market access and promotion: Registered GIs in India benefit from enhanced market access, as
they are recognized for their unique qualities, authenticity, and geographical origin. Promotion of GIs
is facilitated through marketing campaigns, trade fairs, exhibitions, and collaborations with industry
stakeholders.
8. Economic and social impact: GIs contribute to the economic development of rural areas by
generating income and employment opportunities for producers and communities. GIs also help
preserve traditional knowledge, cultural heritage, and biodiversity, fostering sustainable development
and empowering local communities.
Conclusion:
The GI ecosystem in India is characterized by a robust regulatory framework, a national GI registry,
stakeholder engagement, government support, market access initiatives, and socio-economic impact.
Registered GIs in India encompass a wide range of products, reflecting the country's rich cultural
diversity and heritage. By promoting and protecting GIs, India aims to preserve traditional
knowledge, support rural livelihoods, promote sustainable agriculture, and enhance the
competitiveness of indigenous products in domestic and international markets.
Case studies on Patents:
Case study of Curcuma (Turmeric) Patent: The case of the Turmeric Patent refers to an incident
where a US patent was granted for the wound-healing properties of turmeric (Curcuma longa), a
plant widely used in traditional Indian medicine. Here's an overview:
Background:
In the 1990s, two researchers from the University of Mississippi Medical Centre were granted a US
patent (US Patent No. 5,401,504) for the use of turmeric powder in wound healing. The patent
specifically claimed the use of turmeric for healing and preventing the spread of infection in surgical
wounds.
Controversy:
The granting of the turmeric patent sparked controversy and outrage in India, as turmeric has been
used for centuries in traditional Indian medicine, known as Ayurveda. Critics argued that the patent
was unjustified as the medicinal properties of turmeric were well-documented in traditional

knowledge systems.
Legal challenge:
The Indian government, along with various organizations and activists, filed a legal challenge against
the turmeric patent, seeking its revocation. They argued that the patent represented an instance of bio-
piracy, where traditional knowledge from indigenous communities was exploited for commercial
gain without proper recognition or compensation.
Outcome:
In 1997, after a prolonged legal battle and public outcry, the US Patent Office revoked the turmeric
patent. The decision to revoke the patent was based on the recognition that the medicinal properties
of turmeric were part of the public domain, rooted in traditional knowledge and prior art.
Impact:
The turmeric patent case highlighted the importance of protecting traditional knowledge and
preventing the misappropriation of indigenous resources and intellectual property. It led to increased
awareness and advocacy for the protection of traditional knowledge systems and the development of
mechanisms to prevent bio-piracy. The case also underscored the need for collaboration between
indigenous communities, governments, researchers, and policymakers to ensure the equitable and
sustainable use of natural resources and traditional knowledge.
Lessons learned:
The turmeric patent case serves as a cautionary tale about the potential pitfalls of granting patents for
traditional knowledge without proper recognition or consultation with the communities that hold this
knowledge. It emphasizes the importance of establishing robust legal frameworks, including prior
informed consent and benefit-sharing mechanisms, to protect traditional knowledge and ensure its
fair and equitable use.
Conclusion:
The turmeric patent case represents a landmark example of the challenges and controversies
surrounding the patenting of traditional knowledge. It underscores the need for greater awareness,
legal safeguards, and international cooperation to protect indigenous resources and knowledge from
exploitation and bio-piracy. The case serves as a catalyst for on-going efforts to promote the ethical
and responsible use of traditional knowledge in research and commercialization endeavours.
Case study of Neem Patent: The Neem Patent case is a well-known example of a controversy
surrounding the patenting of traditional knowledge. Here's an overview:
Background:
In the 1990s, the European Patent Office (EPO) granted a patent to the multinational corporation,
W.R. Grace & Co., and the Department of Agriculture of the United States for a fungicidal neem-
based product. The patent claimed the use of extracts from the neem tree (Azadirachta indica) as a
pesticide, specifically for controlling fungi on plants.
Controversy:
The granting of the neem patent sparked controversy and outrage in India and other countries where
neem has been used for centuries in traditional medicine and agriculture. Critics argued that the
patent represented bio-piracy, as it involved the commercial exploitation of traditional knowledge
without the consent or compensation of the communities that had developed and preserved this
knowledge over generations.
Legal challenge:
Various organizations, activists, and the Indian government filed legal challenges against the neem
patent, seeking its revocation. They argued that the use of neem for pest control was part of
traditional knowledge systems in India and other regions, and therefore, not eligible for patent
protection under the criteria of novelty and inventiveness.
Outcome:
In 2000, after a protracted legal battle and public outcry, the EPO revoked the neem patent. The
decision based on the recognition that the fungicidal properties of neem were well-known in
traditional knowledge systems and therefore did not meet the criteria for patentability.
Impact:
The neem patent case brought international attention to the issue of bio-piracy and the need to protect
traditional knowledge from exploitation. It highlighted the importance of involving indigenous
communities in decisions regarding the use and commercialization of their traditional knowledge and
genetic resources. The case led to calls for reforms in patent laws and procedures to prevent the
misappropriation of traditional knowledge and ensure fair and equitable benefit-sharing.
Lessons learned:
The neem patent case serves as a wake-up call for policymakers, researchers, and corporations to
respect and acknowledge traditional knowledge and the contributions of indigenous communities to
science and innovation. It underscores the importance of establishing mechanisms for the protection
of traditional knowledge, including prior informed consent, benefit-sharing agreements, and
recognition of intellectual property rights held by indigenous peoples.
Conclusion:
The neem patent case highlights the complexities and ethical considerations involved in the patenting
of traditional knowledge. It emphasizes the importance of striking a balance between promoting
innovation and protecting the rights and interests of indigenous communities. The case serves as a
reminder of the need for greater awareness, collaboration, and legal safeguards to prevent bio-piracy
and ensure the sustainable use of natural resources and traditional knowledge for the benefit of all.
Case study of Basmati Patent:
Background:
In 1997, a US-based corporation, Rice Tec Inc., was granted a patent (US Patent No. 5,663,484) for a
strain of rice claimed to be similar to Basmati rice. The patent covered various characteristics of
Basmati rice, including its long grains, aromatic properties, and cooking qualities.
Controversy:
The granting of the Basmati patent sparked controversy and outrage in India and other rice-producing
countries, as Basmati rice has been cultivated and consumed for centuries in the Indian subcontinent.
Critics argued that the patent represented bio-piracy and the misappropriation of traditional
knowledge, genetic resources, and cultural heritage associated with Basmati rice.
Legal challenge:
The Indian government, along with agricultural organizations, farmers' groups, and activists, filed
legal case against the Basmati patent, seeking its revocation. They argued that Basmati rice was a
traditional agricultural product with a long history of cultivation and trade in the Indian subcontinent,
and therefore, not eligible for patent protection under the criteria of novelty and inventiveness.
Outcome:
In 2001, after a series of legal battles and public protests, Rice Tec voluntarily narrowed the claims of
the Basmati patent and agreed to revise its marketing materials to clarify the origin of the rice. The
revised patent acknowledged the geographical origin and traditional significance of Basmati rice, but
still claimed certain characteristics of the rice variety developed by Rice Tec.
Impact:
The Basmati patent case raised awareness about the importance of protecting traditional agricultural
products and indigenous knowledge from misappropriation and exploitation. It highlighted the need
for stronger legal frameworks, including international agreements and national laws, to safeguard the
rights and interests of farmers, communities, and countries that rely on traditional crops for their
livelihoods and cultural identity.
Lessons Learned:
The Basmati patent case underscored the importance of involving stakeholders, including farmers,
researchers, policymakers, and consumers, in decisions regarding the use and commercialization of
traditional agricultural products. It emphasized the need for transparency, accountability, and ethical
considerations in the patenting & commercialization of genetic resources and traditional knowledge.
Conclusion:
The Basmati patent case serves as a cautionary tale about the potential risks and consequences of the
misappropriation of traditional agricultural products and genetic resources. It underscores the
importance of respecting the rights and knowledge of indigenous communities and promoting fair
and equitable benefit-sharing in agricultural innovation and commercialization. The case has
prompted discussions and reforms in intellectual property laws, agricultural policies, and
international agreements to prevent bio-piracy and ensure the sustainable and equitable use of genetic
resources and traditional knowledge for the benefit of all.
IP Organizations in India:
1. Controller General of Patents, Designs and Trademarks (CGPDTM):

The CGPDTM is the primary government agency responsible for administering patents, designs, and
trademarks in India. It operates under the Department for promotion of Industry and Internal Trade
(DPIIT), Ministry of Commerce and Industry, Government of India. The CGPDTM oversees the
registration, examination, and enforcement of patents, designs, and trademarks, as well as the
maintenance of IP databases and records.
2. Indian Patent Office (IPO):

The IPO is a branch of the CGPDTM responsible for processing patent applications and granting
patents in India. It conducts examinations of patent applications to assess their novelty,
inventiveness, and industrial applicability, in accordance with the provisions of the Patents Act, 1970.
3. Office of the Controller General of Copyrights (CGC):

The CGC is a government agency under the Ministry of Education, Department of Higher Education,
responsible for administering copyright laws in India. It oversees the registration, licensing, and
enforcement of copyrights, as well as the promotion of copyright education and awareness.
4. National Intellectual Property Rights (IPR) Policy Coordination Committee:

The National IPR Policy Coordination Committee is a high-level inter-ministerial committee
responsible for coordinating & implementing India's national IP policy. It comprises representatives
from various government departments & agencies, including the DPIIT, Ministry of Commerce &
Industry, Ministries of External Affairs, Agriculture, & Health and Family Welfare.
5. Intellectual Property Appellate Board (IPAB):

The IPAB is a quasi-judicial body established under the provisions of the Trade Marks Act, 1999,
and the Patents Act, 1970. It hears appeals against decisions of the Registrar of Trademarks and the
Controller of Patents, Designs, and Trademarks, and adjudicates disputes related to IP rights.
6. Intellectual Property Owners Association of India (IPOI):

The IPOI is a non-profit organization representing the interests of intellectual property owners,
practitioners, and stakeholders in India. It aims to promote the protection and enforcement of IP
rights, provide education and training on IP-related matters, and advocate for policy reforms to
support innovation and creativity.
7. Confederation of Indian Industry (CII) - Intellectual Property Division:

The CII is a leading industry association in India that promotes economic growth, industrial
development, and competitiveness. Its IP division works to raise awareness about IP rights, facilitate
IP management and commercialization, and advocate for IP-friendly policies and regulations.
8. Federation of Indian Chambers of Commerce and Industry (FICCI) – IP division:

FICCI is another prominent industry association in India that supports business enterprises and
promotes trade and investment. Its Intellectual Property Division provides advisory services, training
programs, and policy advocacy on IP matters to its members and the wider business community.
Conclusion:
These intellectual property organizations play essential roles in promoting the protection,
management, and enforcement of intellectual property rights in India. They collaborate with
government agencies, industry associations, and other stakeholders to create a conducive
environment for innovation, creativity, and economic development. Through their efforts, they
contribute to fostering a culture of respect for intellectual property rights and encouraging
innovation-driven growth in India.
Schemes and Programmes:

Here's an overview of some key schemes and programs related to intellectual property (IP) in India:
1. Intellectual Property Rights (IPR) awareness scheme:

The IPR awareness scheme is implemented by the Department for Promotion of Industry and Internal
Trade (DPIIT), Ministry of Commerce and Industry, Government of India. It aims to promote
awareness and understanding of IP rights among various stakeholders, including entrepreneurs,
students, researchers, and the general public. Activities under the scheme include workshops,
seminars, training programs, outreach campaigns, and educational initiatives on IP-related topics.
2. National Intellectual Property Rights (IPR) Policy:

The national IPR policy was launched by the Government of India in 2016 with the objective of
fostering creativity, innovation, and entrepreneurship through effective IP protection and
management. The policy aims to create a conducive ecosystem for IP creation, commercialization,
and enforcement, with a focus on promoting access to IP rights for all stakeholders, including
MSMEs (Micro, small and medium Enterprises) , start-ups, and traditional knowledge holders. Key
focus areas of the policy include enhancing IP awareness and capacity-building, strengthening IP
administration and enforcement mechanisms, promoting IP commercialization and technology
transfer.
3. Start-ups Intellectual Property Protection (SIPP) scheme:

The SIPP scheme is implemented by the Office of the Controller General of Patents, Designs and
Trademarks (CGPDTM), DPIIT, Government of India. It provides financial support and incentives to
start-ups for filing patent applications, trademarks & designs. The scheme aims to encourage start-
ups to protect IP assets, enhance competitiveness & leverage IP for business growth & innovation.
4. Technology and Innovation Support Centres (TISC) program:

The TISC Program is implemented by the WIPO in collaboration with national IP offices in India. It
aims to promote innovation and technology transfer by providing access to IP information, databases,
and services to inventors, researchers, entrepreneurs, and MSMEs. TISCs offer for patent searches,
training workshops, and advisory support on IP strategy, patent drafting, and commercialization.
5. Traditional Knowledge Digital Library (TKDL) project:

The TKDL Project is an initiative of the Ministry of AYUSH (Ayurveda, Yoga & Naturopathy,
Unani, Siddha, and Homeopathy), Government of India. It aims to prevent the misappropriation of
traditional knowledge related to Ayurveda, Yoga, and other traditional medicine systems by creating
a digital database of traditional knowledge resources. The TKDL database contains structured
information and references on traditional formulations, practices, and treatments, which can be
accessed by patent offices and examiners to prevent the grant of patents on traditional knowledge.
6. GI development and protection program:

The GI development and protection program aims to promote and protect GIs in India, including
products such as Darjeeling Tea, Basmati Rice, and Kanchipuram Silk Sarees. The program includes
initiatives to support GI producers, raise awareness about GIs, facilitate GI registration and
enforcement, and promote market access for GI products domestically and internationally.
Conclusion:
These schemes and programs play crucial roles in promoting awareness, protection, and utilization of
intellectual property rights in India. By supporting innovation, creativity, and traditional knowledge,
these initiatives contribute to economic growth, technological development, and cultural preservation
in the country. Through continuous efforts and collaborations between government agencies, industry
stakeholders, and civil society organizations, India aims to create a robust and inclusive ecosystem
for intellectual property rights that benefits all stakeholders.

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RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY RIGHTS

Industrial designs, Geographical indications and Case studies on Patents

Examples of Industrial Design:

Acts and Laws to govern Industrial Designs:

8. International Protection: Hague Agreement Concerning the International Registration of

Types of Design rights:

Key aspects of Design rights:

Benefits of Design rights:

Enforcement of Design rights:

4. Remedies for infringement:

5. Defences against infringement claims:

Non-protectable Industrial Designs India:

Protection term of Industrial Designs:

Procedure for registration of Industrial Designs

Fig: Flow chart for Industrial Design registration process.

Prior Art search:

Application for registration:

Duration of the registration of a design:

Importance of Design registration:

Cancellation of the registered design:

Conclusion: Cancellation of a registered design may occur through invalidity or revocation

A list of important forms is mentioned below.

Classification of industrial designs:

2. International classification systems: Various international classification systems are used to

3. Classifying designs: Designs are classified based on various criteria, including:

4. Benefits of classification: Classification of industrial designs offers several benefits, including:

Conclusion: Classification of industrial designs plays a crucial role in organizing, searching,

Designs registration trend in India:

Fig: Industrial Designs Profile in India

1. Paris Convention for the protection of industrial property (1883):

2. Hague Agreement concerning the international registration of Industrial Designs (1960):

3. TRIPS Agreement (Agreement on Trade-related aspects of IPR) (1994):

4. Geneva Act of the Hague Agreement (1999):

5. Doha declaration on the TRIPS Agreement and Public health (2001):

6. Regional Treaties and Agreements:

7. Importance and Impact:

Famous case law: Apple Inc. vs. Samsung Electronics Co.

Allegations and Claims:

Court decisions and outcomes:

Impact and significance:

Geographical Indications (GI):

Examples of Geographical Indications:

Benefits of Geographical Indications:

Acts, laws and rules pertaining to GI:

TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights):

United States Federal Law on Geographical Indications:

Rights granted to the holders:

A few stands out GI are mentioned in the below table:

Identification of registered GI:

1. Official GI Registry: Each country typically maintains an official registry or database of

4. Product documentation: Documentation accompanying the product, such as certificates of origin

6. Certification authorities: Certification authorities or organizations responsible for overseeing GI

Geographical Indication logos and labels

Collective or certification marks:

1. Legal framework: Enforcement of GI rights is primarily governed by national laws and

Procedure for GI registration:

Documents required for GI registration:

1. Regulatory framework: The protection of GIs in India is governed by the Geographical

Case studies on Patents:

was unjustified as the medicinal properties of turmeric were well-documented in traditional

Case study of Basmati Patent:

1. Controller General of Patents, Designs and Trademarks (CGPDTM):

2. Indian Patent Office (IPO):

RM & IPR Module 5

RM & IPR Module 5