Neem and Turmeric Patent - Converted-Merged

Traditional Knowledge and the
Patent System:
Neem and Turmeric Patent
PROFESSOR RAVI KIRAN
NEEM PATENT
• The neem tree (Azadirachta indica) originates from the Indian subcontinent and now
grows in the dry regions of more than 50 tropical countries around the world.
• The neem tree is useful in many different areas including dental hygiene and
pesticides, as well as being part of many traditional Indian medicines and cures
• It is mentioned in Indian texts written over 2000 years ago and has been used for
centuries by local communities in agriculture as an insect and pest repellent, in
human and veterinary medicine, toiletries and cosmetics.
• It is also venerated in the culture, religions and literature of the region.
Bio-piracy
• Bio-piracy the practice of commercially exploiting
naturally occurring biochemical or genetic material,
especially by obtaining patents that restrict its future use,
while failing to pay fair compensation to the community
from which it originates.
Introduction
• Indian scientists have been researching the Neem tree as a natural pesticide since
the 1920’s but Western awareness of its qualities wasn’t raised until 1959 when
German entomologist Heinrich Schmutterer witnessed a locust plague in the
Sudan and noticed that the Neem trees were the only ones that had withstood
the onslaught.
• He immediately started studying the Neem tree and his work in turn generated
a great deal of western scientific interest in its pesticidal qualities
Neem Patent
• In the year 1971, a timber importer form US imported neem seeds to plant neem trees in
his headquarters in Wisconsin.
• He also conducted performance and safety tests upon the pesticidal properties of neem
and got clearance from the US Environmental Protection Agency known as EPA.
• After three years he sold the patent to a multinational corporate company which is
known as W R Grace and Co. and by the year 1985, several US and Japanese corporations
were trying to find and formulation of emulsions for toothpaste production of Neem.
• Subsequently in the year 1992, the corporate W R Grace and co claimed rights for the
pesticide emulsion begotten out of Neem seeds. And by this, it began to sue Indian
companies for making such emulsions.
Neem Patent
• According to India’s claim, it was stated that Neem is an indigenous
product and it is still in practice as a form of traditional knowledge in
India.
• It was also said that Neem if granted patent it would affect the poor
farmers and by this the Indian economy will also be harmed.
Neem Patent
• A group of individuals and several NGO‟s initiated their Neem
campaign and this was done to mobilise the worldwide people for
support and to protect the traditional knowledge systems and also
protect Indian traditional products from bio-piracy.
• The Neem Case was the first initiative to challenge US and European
patents with regard to bio-piracy.
Neem Patent
• Case judgement: On July 30,1997 the European Patent Office (EPO)
accepted the arguments of Indian scientists thus this resulted in
rejection of patent granted by the iUS patent office to W R Grace and co.
• The argument which was accepted on whole was the use of Neem and
its products in India for a period of more than 4000 years.
Turmeric Patent
• The turmeric patent was granted in 1995 to two researchers, Soman K. Das and
Harihar Kohli of the University of Mississippi Medical Center.
• Their six patent claims covered the oral and topical use of turmeric powder to heal
surgical wounds and ulcers.
Turmeric Patent
• Turmeric is a tropical herb and used widely in India as a cosmetic
agent and also used mostly in all dishes in India as a colouring agent.
• The turmeric powder has a deep yellow colour and a slight bitter
taste when raw.
• Patent issue and Turmeric: In the year 1995, US Patent was awarded
to Medical centre of University of Mississippi for the use of wound
healing property of turmeric.
Turmeric Patent
• India’s claim: Dr. R. A. Mashelkar who was the Director of
Council of Scientific and Industrial research (CSIR) during
period of 1995 to 2006 opposed the patent granted to the
Medical centre of Mississippi university and worked hard for
awakening India’s traditional knowledge of Turmeric.
• Das and Kohli contested CSIR's objections, but the patent office
rejected all their claims.
Turmeric Patent
• Arguments by Indian scientists: The claim was supported

by documentary evidence which was an old newspaper
dated 1953 printed and published by Indian Medical
Association, and there were also evidences produced
which includes old and ancient texts in Sanskrit.
• Judgement: In 1998 April, the judgement favoured CSIR
which was based on the argument that was proved with
string documentary evidence that Turmeric was being in
use by Indian people since ancient period of time.
US patent office withdraws patent on Indian herb
• India has forced the US Patent and Trademark Office (PTO) to revoke a
contentious patent it granted two years ago to researchers in the United
States on the use of powdered turmeric (Curcuma longa) for wound
healing.
• The PTO withdrew the patent on 13 August after a year-long legal battle
with India's Council of Scientific and Industrial Research (CSIR), which
argued that turmeric, a native Indian plant, had been used for centuries
by its people for wound healing, and so lacked the “novelty” criterion
required for patenting.
• The Turmeric case was the first high profile case where a patent was
rejected on the grounds of TK as prior art.
SUMMING UP
• Mashelkar says that India fought the turmeric patent not for financial reasons, but
to uphold “national pride” and to dispel unfounded fears that India was incapable
of protecting its traditional knowledge base.
• In cooperation with other agencies, the CSIR has already launched a programme to
analyse 490 medicinal plants and place the information on CD-ROM. This will be
made available to European and US patent offices as a reference guide.
• These two cases not only created a global awareness on neem and its properties but
also raised issues on biopiracy, need for documentation of traditional knowledge,
equitable sharing of gains from traditional knowledge and harmonization of patent
rule.
References
• http://unctad.org/en/docs/ditcted10_en.pdf
• http://www.mondaq.com/india/x/344510/Trade+Secrets/PROTEC
TING+INDIAN+TRADITIONAL+KNOWLEDGE+AS+INTELLECT UAL+PROPERTY.
• Neem: A Tree for Solving Global Problems, Office of International Affairs (1992), p.1-5, 23-25, available at:
http://darwin.nap.edu/books/0309046866/html, 05/01/07.
• Henrik Ardhede (2006) Traditional Knowledge and the Patent System – Irreconcilable differences or
a simple case of mistaken identity?
http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=1555871&fileOId=1563800
•
Intellectual Property
Rights and Economic
development
Intellectual Property Rights and Economic
development
• How Intellectual Property Rights affects the processes of economic development
and its growth is complex.
• In theory stronger systems for the protection of intellectual property could
either enhance or limit economic growth.
Economic Benefits of Intellectual Property Rights
• The subject of how Intellectual Property Rights influence the procedures of monetary
improvement and its development is dependent on several factors.
• In principle, more grounded frameworks for the insurance of licensed innovation
could either improve or constrain monetary development.
• Eventually, the proof is rising that more grounded and increasingly certain licensed
innovation law could well build the monetary development and cultivate
advantageous change, along these lines improving formative possibilities, on the off
chance that they are organized in a way that advances compelling and dynamic
challenges.
• The results of defective IPRs security on specialized advancement and monetary
development by expecting that development happens just in the Northern
Countries and impersonation just happens in the Southern Countries.
• As per these creators, blemished IPRs security energizes impersonation movement
in the South.
• Then again, solid IPRs security could decrease the pace of impersonation.
• Because of the expanded trouble to copy, the span of restraining infrastructure
benefits of the northern pioneer is longer, and this imposing business model
position keeps going.
• The productivity of southern imitators decreases and the country’s heap of data
won’t be fortified.
• The beneficial outcome is that specialized advancement is animated to the
degree that the northern firm enhances to make due under the weight of
minimal effort southern imitators.
• The negative impact is because of the vanishing of the lease of the trend-setter
from the minute the assortment of an item is imitated.
• Intellectual property Rights protection helps to reduce the risk of infringement of
the invention.
• These impacts rise and afterward decay with salary. Consequently, the
connection between the less-built up nations’ IPRs insurance and financial
improvement is U-molded.
• This suggests a nation’s eagerness to fortify its IPRs security first reductions and
afterward increments with its pay.
• While talking about the business estimation of IPR, there is one thing that takes
top-most need; organizations need to assess their current IP in order to decide if
it coordinates their business destinations. At exactly that point would they be
able to gather the financial advantages of licensed innovation rights.
• The emergence of new technologies has led to the continuous adaptation of IPRs
protection instruments.
• For example, the evolution of IPRs protection with respect to biotechnology and
its implications for agriculture and the pharmaceutical industry represents one
important new area that is of high relevance to developing countries.
• Assessment of the current IPR assists organizations with distinguishing new
methods for utilizing their scholarly properties through permitting open doors
as referenced previously. Organizations can likewise search for new roads and
fields to extend the items on offer, which further prompts an expansion in their
business income. It can likewise enable a brand to invade more up to date
showcases; both locally and globally.
• Economic theory exhibits that IPR could play either a positive or negative job in
cultivating development and improvement.
• The restricted proof accessible proposes that the relationship is certain, however
reliant on different variables that help advance advantages from licensed
innovation assurance. To sum things up, Intellectual Property Rights could be
compelling and advertise based components for conquering issues that exist in
business sectors for data creation and scattering. Be that as it may, their reality
could present issues as far as their potential for costs and anticompetitive
maltreatment.
• As needs are, present-day Intellectual Property Rights frameworks are not
adequate without anyone else to energize compelling innovation progress.
Rather, they should frame some portion of an intelligent and wide arrangement
of correlative approaches that boost the potential for IPRS to raise dynamic
challenges. Such approaches incorporate fortifying human capital and aptitude
procurement, advancing adaptability in a big business association, guaranteeing
a solid level of rivalry on residential markets, and building up a straightforward,
unbiased, and compelling challenge system. So for the development of countries
and Economic growth, intellectual property rights play a vital role.
The art of writing
Research paper -2
Analytical
Argument
Interpretive
ative
Types of
Research
Papers
Reports Definition
Compare
and
Cause and
Contrast
Effect
papers
Analytical Research Paper.
• Analytical Papers include information from a range of sources, but the
focus is on analyzing the different viewpoints represented from a
factual rather than opinionated standpoint.
• The author of an analytical paper focuses on the findings, methodology
or conclusions of other researchers and will conclude such a paper with
a summation of the findings and a suggested framework for further
study on the issue.
Argumentative papers
• Argumentative Papers present two sides of a controversial issue in the
one paper.
• A good argumentative paper will include in-text citations from
researchers that present logical facts from both sides of an issue, and
will conclude with the author analyzing the pros and cons of each
argument.
• The confusing element of an argumentative paper is that the author is
expected to favor one side more than the other on an issue, but the
research and analysis must be un-emotive and factual and include both
sides of the argument.
• A researcher is writing paper on "The importance of Academic
environment and academic culture on Institutional ranking.”
• The author may believe that Academic environment has more
importance than academic culture, but a good research paper will
cover both aspect sin unbiased manner.
Definition Papers
• This covers describing a topic from a factual standpoint that is
usually devoid of emotion or the opinion of the author.
• Although the definition research paper will include facts from a
variety of sources, this information is left unanalyzed and contains
only actual facts found in another's research paper findings.
• While a definition paper might be considered difficult to write
especially by those students who enjoy discussing issues from their
own perspective a good definition paper can provide a valuable
information framework for other argumentative or analytical reports
on the same topic.
Compare and contrast papers
• Compare and Contrast Papers are often used in literature courses to compare two
different authors or stories from a particular genre. Literature studies also supports this
type of writing.
• However, they can also be required in social sciences to compare two different
theoretical viewpoints; in philosophy to compare the thoughts of two philosophical
frameworks and even in business studies where different leadership styles could be
compared for example.
• The important part of a compare and contrast paper is that while both elements in the
paper need to be described succinctly, the main part of the paper will be the
comparison and contrasting examples provided by the author to support a thesis.
Cause and effect papers
• Cause and Effect Papers trace the probable or expected results from a
particular action or policy in a logical progression that is easily
followed by the reader.
• Used in business and education fields, in particular, a good cause and
effect paper will not only outline the predicted results from the
action/situation specified.
Reports
• Reports often follow a memorandum or similar business format and they are often
written to outline a case study situation.
• For example, a report could be commissioned by your tutor to describe the key issues
in a workplace scenario - perhaps from a human resources standpoint.
• The report would include a summary of the situation to date; an identification of the
main issue or concern; a breakdown of the elements of this main issue and then
recommendations on how to address the issue based on research on the topic.
• While a comparison essay, for example, will use "If…but" or similar statements, the
report will contain short factual sentences devoid of emotion.
• Reports usually include an executive summary that takes the place of an abstract in
this type of research paper, as well as supporting evidence in the form of appendix,
graphs, and tables.
Interpretive papers
• Interpretive Papers are often required by tutors in literature, humanities,
and social sciences and they require the student to use the theoretical
knowledge gained in a course of study to a particular case study example
such as a piece of art or a poem in literary fields; a business situation in a
management course; or a psychological case profile in either sociology or
psychology fields.
• The key element of an interpretive paper is evidence that the student has
written the paper based on an established theoretical framework and
has used supporting data to back up the thesis statement and findings of
the paper.
Journal Options
CHOICE TYPE
Research Article
Book Review
Editorial
Special Issue Article

Types of journal articles
• Original Research
• Short reports or Letters
• Perspective, opinion, and commentary
• Review Articles
• Case Studies
Original Research
• This is the most common type of journal manuscript used to publish full
reports of data from research.
• It may be called an Original Article, Research Article, Research, or
just Article, depending on the journal.
• The Original Research format is suitable for many different fields and
different types of studies.
• It includes full Introduction, Methods, Results, and Discussion sections.
Short reports or Letters
• These papers communicate brief reports of data from original research that editors
believe will be interesting to many researchers, and that will likely stimulate further
research in the field.
• As they are relatively short the format is useful for scientists with results that are time
sensitive (for example, those in highly competitive or quickly-changing disciplines).
• This format often has strict length limits, so some experimental details may not be
published until the authors write a full Original Research manuscript.
• These papers are also sometimes called Brief communications.
Review Articles
• Review Articles provide a comprehensive summary of research on a
certain topic, and a perspective on the state of the field and where it is
heading.
• They are often written by leaders in a particular discipline after
invitation from the editors of a journal.
• Reviews are often widely read and highly cited.
• Reviews commonly cite approximately 100 or more research articles.
• Systematic review may be of 10000-12000 words.
Perspective, opinion, and commentary
• Perspective pieces are scholarly reviews of fundamental concepts or

prevalent ideas in a field.
• These are usually essays that present a personal point of view critiquing
widespread notions pertaining to a field.
• A perspective piece can be a review of a single concept or a few related
concepts.
• These are considered as secondary literature and are usually short
articles, around 2000 words.
Case Studies
• Case study based papers are very interesting and present a fabricated
or real case based analysis.
• A goal of Case Studies is to make other researchers aware of the
possibility that a specific phenomenon might occur.
• These are used in management to acquaint academicians and
practitioners with certain strategies to assist in decision making.
• This type of study is also used in medicine to report the occurrence of
previously unknown or emerging pathologies.
Methodology papers
• These articles present a new experimental method, test or procedure.
• The method described may either be completely new, or may offer a
better version of an exist.
• Papers on PLS-SEM.
Patents and Innovation
Indian court rejects Novartis patent
• Denied claim to cancer drug Gleevec; upholds access to cheaper generic medicines
[Apr 1, 2013]
• India’s Supreme Court rejected efforts by the Swiss drug major Novartis to patent
the anticancer drug Gleevec (imatinib mesylate), in a ruling that signalled India’s
determination to support affordable medicines.
• The court rejected the Basel-based company’s challenge to India’s patent law, which
limits drug firms’ ability to extend patent life beyond 20 years by making minor
modifications to drugs, a tactic known as ‘evergreening’.
• Novartis's patent claim on a modified version of Gleevec (marketed in some
countries as Glivec) “fails in both the tests of invention and patentability”, the court
said
Ever-greening
• Ever-greening keeps drugs out of the reach of generic
manufacturers, and therefore, say critics, out of the hands of
patients who cannot afford some brand-name drugs.
• Novartis is also seeking a 20-year patent on a new version of its
11-year-old anticancer drug imatinib mesylate (Gleevec), which
costs roughly US$30 for one 100-milligram pill.
• A generic version of the drug sells for as low as one-tenth of that
cost.
• In its verdict, the Supreme Court said that the drug showed no new
innovation or invention and therefore did not satisfy the criteria under
section 3(d) of the Indian patent act.
• section 3(d) states that inventions that are a mere “discovery” of a
“new form” of a “known substance” and do not result in increased
efficacy of that substance are not patentable. This effectively means
that if there is an old molecule in a new substance you cannot patent it
by making a minor modification, and passing it off as a completely
new invention.
• The country-whose support of cheap generics has reduced drug prices, notably
of medicines for HIV, within its borders and in other developing nations — sees
its law as promoting public health. But drug companies complain that the law
weakens intellectual-property rights and stifles innovation.
• The battle over Gleevec began in 2006, when the Indian patent office in Chennai
rejected Novartis’s application for a variant of the drug that the company
patented in the United States and other developed countries in 1993, citing the
patent law’s clause 3(d)
• Novartis challenged the ruling in a Chennai senior court, saying that it
violated World Trade Organization (WTO) rules on intellectual
property that India had adopted — but the court rejected the challenge
in 2007. The company appealed to the Supreme Court in 2009, which set
the stage for current ruling.
• “I don’t see how it (the decision) could have come out any other way,”
said Shamnad Basheer, an intellectual-property expert at the National
University of Juridical Sciences in Kolkata.
• “For the court to have lowered the section-3(d) standard and permitted
patents for mere minor modifications… without additional benefits to
the patient would have made a mockery of section 3(d).”
• German Velasquez, a special adviser for health and development at
South Centre, a think tank based in Geneva, Switzerland, says he hopes
that “many developing countries will follow India’s example to protect
the rights of their populations to have access to essential medicines”.
• A 2011 study by South Centre found evidence of “a significant
proliferation of patents on developments of incremental nature” in
Argentina, Brazil, Colombia, India and South Africa.
• Dinesh Abrol, chief scientist at National Institute of Science, Technology and
Development Studies in New Delhi, says that the ruling could spur drug
companies to adopt new business models focused on radical innovations.
• The verdict “re-affirms the right of WTO members to implement their patent
legislation to meet public-health objectives”, he says.
• “The implications of the Supreme Court’s decision will be felt across the globe,
because the Indian pharmaceutical industry supplies so many low- and middle-
income countries with affordable medicines.”
Summing up
• A win for Novartis would “have a chilling effect” production of generic drugs in
India, affecting “all other essential and life-saving drugs, including those for
AIDS and TB treatment,” says Leena Menghaney, an activist at the non-
governmental organization (NGO) Médecins Sans Frontières (also called Doctors
Without Borders), India, who is leading a public awareness campaign against the
Novartis case.
Geographical Indications, Trade secrets &
Layout designs of Integrated circuits
2
Geographical Indications
• Geographical Indications of goods are defined as that

aspect of Industrial Property, which refers to the
geographical indication referring to a country or to a place,
situated therein as being the country of place of origin of
that product.
• GIs are about culture, geography, traditions, heritage and
traditional practices of people and countries.
GIs are essentially the DNA of Nature
impregnated into the Mother Earth –
difficult to clone and beyond scientific
calculation.
GIS Registered in INDIA
• A geographical indication is a sign used on products that have a
specific geographical origin and possess qualities or a reputation
that are due to that origin.
• The Geographical Indications Registry has a total of 361 GIs
registered in India as of September 2019.
• The registration of GIs began in the financial year 2004-05 after the
Geographical Indications of Goods (Registration & Protection) Act,
1999 came into effect from September 2003.
GIs
INDIA GLOBAL
• Darjeeling Tea • Swiss Watches
• Basmati Rice • Champagne
• Alphonso Mango
• Florida Oranges
• Tirupati Ladoo
• Mysore Silk
• Chanderi Sarees
Geographical indications
• Geographical indication right enables those who have the right to use the
indication to prevent its use by a third party whose product does not conform
to the applicable standards.
• For instance, in the jurisdictions in which the Darjeeling geographical
indication is protected, producers of Darjeeling tea can exclude use of the term
“Darjeeling” for tea not grown in their tea gardens or not produced according
to the standards set out in the code of practice for the geographical indication.
Application 27
Number
Geographical Phulkari
Indications
Status Registered
Applicant Punjab Small
Name Industries & Export
Corporation Ltd.
Goods Embroidery
Geographical India (Punjab,
Area Haryana &
Rajasthan)
Priority India
Country
Availability 21-01-2006
Date
Registration 13-03-2025
Valid Upto
Kashmir saffron gets GI tag
• Kashmir saffron, which is cultivated and
harvested in the Karewa (highlands) of Jammu
and Kashmir, has been given the Geographical
Indication (GI) tag by the Geographical
Indications Registry.
• The spice is grown in some regions of Kashmir,
including Pulwama, Budgam, Kishtwar and
Srinagar.
• The application was filed by the Directorate of
Agriculture, Government of Jammu and Kashmir,
and facilitated by the Sher-e-Kashmir University
of Agriculture Sciences and Technology, Kashmir,
and Saffron Research Station, Dussu (Pampore).
• Flower :Crocus sativus
• Chinnaraja G. Naidu, Deputy Registrar of Geographical Indications, said,
“Kashmir saffron is a very precious and costly product. Iran is the largest
producer of saffron and India is a close competitor.
• With the GI tag, Kashmir saffron would gain more prominence in the export
market,” he added.
• https://www.thehindu.com/news/national/other-states/kashmir-saffron-gets-gi-tag/article31484569.ece
• Kashmir saffron is renowned globally as a spice.
• It rejuvenates health and is used in cosmetics and for medicinal purposes.
• It has been associated with traditional Kashmiri cuisine and represents the rich
cultural heritage of the region.
• The unique characteristics of Kashmir saffron are its longer and thicker stigmas,
natural deep-red colour, high aroma, bitter flavour, chemical-free processing,
and high quantity of crocin (colouring strength), safranal (flavour) and
picrocrocin (bitterness).
12
Know How/Undisclosed Information

The TRIPS Agreement requires undisclosed information-
trade secrets or know how to be protected.
Any information that is a secret that has commercial value
because it is a secret and that has been subject to
reasonable steps to keep it a secret requires protection.
The Agreement requires that a person lawfully in control of
such information must have the possibility of protecting it
from being disclosed to, acquired by or used by others
without his or her consent .
13
Coca-Cola recipe was formulated at the Eagle Drug and

Chemical Company, a drugstore in Columbus, Georgia
by John Pemberton in 1886.The only official written
copy is supposedly held in SunTrust Bank's steel vault
in Atlanta and guarded 24-hours a day .
was Top secret recipe leaked by a website-

thisamericanlife.org. ?
Traditional knowledge (TK)
• Traditional knowledge (TK) is a living body of knowledge passed
on from generation to generation within a community.
• It often forms part of a people’s cultural and spiritual identity.
Traditional knowledge (TK)
• Recognizing traditional forms of creativity and innovation as protectable
intellectual property would be an historic shift in international law, enabling
indigenous and local communities as well as governments to have a say over the
use of their traditional knowledge by others.
• This would make it possible, for example, to protect traditional remedies and
indigenous art and music against misappropriation, and enable communities to
control and benefit collectively from their commercial exploitation.
16
Lay Out Designs Of Integrated Circuits
Layout-Designs of Integrated Circuits Act enables the owner

the right to prevent the copying and commercial exploitation of
an original layout-design of an IC.
Protection has to be granted for a period of 10 years
17
A layout design is defined as the three dimensional

disposition, however expressed of elements, at least one
of which is an active element and of some or all of the
interconnections of an integrated circuit or such a
three-dimensional disposition prepared for an integrated
circuit intended for manufacture.
• Article 35 of the TRIPS Agreement requires Member countries
to protect the layout-designs of integrated circuits in accordance with
the provisions of the IPIC Treaty(the Treaty on Intellectual Property in Respect
of Integrated Circuits), negotiated under the auspices of WIPO in 1989.
To save its brand (Nano) against
constraint in the small car
industry, Tata Motors has applied
for patent protection on 37
inventions and innovations
linked to the cheapest car of the
world, Nano.
From Ice Cream Parlor to Fast Food
Empire: Tony Tan Caktiong’s Story
https://www.wipo.int/ipadvantage/en/details.jsp?id=2531
From Ice Cream Parlor to Fast Food Empire: Tony Tan Caktiong’s
Story
“Jollibee” is a registered trademark in the Philippines and other
countries.
Name: Tony Tan Caktiong / Jollibee Foods Corporation
Country / Territory: Philippines
IP right(s): Trademarks
Date of May 21, 2010

publication:
Last update: July 11, 2012

Background
• “From modest beginnings to the top of the world” are the words that succinctly sum
up Tony Tan Caktiong’s story, today president and CEO of Jollibee® Foods
Corporation, the biggest fast food restaurant chain in the Philippines.
• Born in a poor family who migrated from southeastern China to the Philippines in
search of a better life, he became involved in the restaurant business from an early
age when his father opened a restaurant.
• The restaurant became profitable with the help of all family members and this success
enabled Mr. Caktiong to pursue a degree in chemical engineering in Manila.
Background
• At the age of 22, inspired by a visit to an ice cream plant, he set out to gain his own
foothold in the restaurant business:
• relying on family savings,
• he seized a franchising opportunity with Magnolia Dairy Ice Cream and opened two
ice cream parlors.
• In response to customer requests, he added hot meals and sandwiches to the menu,
which soon proved a lot more popular than ice cream.
• Three years later, in 1978, he decided to capitalize on this development, discontinued
the Magnolia franchise and converted his parlors into fast food outlets.
Trademarks and Branding
• Realizing that he needed a brand name and logo for his new business, Mr. Caktiong
and his family decided on using a smiling red bee. They chose a bee because of its
association with hard work, and because honey represents the sweet things in life.
The “jolly” prefix was intended to connote happiness and enjoyment.
• Jollibee invested millions of pesos to register the “bee” trademark in the
Philippines and other key countries.
• Helped by smart marketing and advertising strategies, the mark struck a chord with
the public: “From a rather crude, strange-looking bee that no bank dared to touch
back in 1978, Jollibee and his cheeky smile today have become synonymous with a
truly Filipino success story that is now a source of patriotic pride.
• It is estimated that the Jollibee brand is now worth several billion pesos”, Mr.
Caktiong points out.
Trademarks and Branding
• “Trademarks increased a lot of value to our business”, he explains. “To the
consumer, they represent either trust in the company or trust in the brand…they
will remember that the brand connotes very tasty food and also the experience, the
ambiance, the service, and they are also proud to be a part of that brand”.
• Today, Jollibee Foods Corporation uses 8 proprietary brands (including “Jollibee”
for their core fast food business,
• “Greenwich” for their pizza and pasta chain, and
• “Chowking” for their oriental food outlets),
• owns many trademarks (including “Bee Happy”, “Yumburger”, “Chickenjoy”
and “Amazing Aloha”) and has registered all of its logos, some of them in
several countries.
IP Infringements and Enforcement
• The strong Jollibee brand name and its positive connotations have made it a target
for free-riders and counterfeiters: “We have some cases where people will do other
things like garments or shoes and they call it “Jollibee”.
• Overseas, they will open a restaurant or a fast food also called Jollibee, even with the
same drawing”, Mr. Caktiong reports.
• Conscious of the importance of protecting their brand, Jollibee Foods Corporation
reacts to trademark infringements: “We have to enforce [our trademarks] properly.
If you do not enforce it properly, your brand image will get diluted over time”, he
continues.
IP Infringements and Enforcement
• Mr. Caktiong is also aware of the long-term consequences of counterfeiting for
the economy and society as a whole:
• “Counterfeiting will destroy society in the long run…this will hurt everybody
because counterfeit does not have the right quality:
• customers get confused by this and they are not happy…
• then they lose confidence in the real brand and everything will be destroyed.
• Therefore, overall the whole society will also be hurt”, he concludes.
Franchising
• Jollibee Foods Corporation relies on a franchising model for the exploitation of about
half of its outlets in the Philippines. In order to protect the company’s high quality
and service standards, potential franchisees have to conform to a specific profile
(self-driven entrepreneurs with good management skills, good community standing
and excellent interpersonal skills).
• Successful franchising applicants undergo a 3-month full time Operations Training
Program (BOTP) at a designated training restaurant, supplemented with other
programs that will enrich the franchisee's management and analytical skills needed
in the operation of the restaurant.
Franchising
• However, support for franchisees does not end there:
• Jollibee provides advice for and assistance with restaurant layout and design,
equipment specifications, furniture and fixtures, and construction management. Field
personnel renders consulting services once the outlets are operational.
• Creative advertising and marketing programs, product development, manufacturing
and logistics facilities provide further support to franchisee restaurants.
Business Results
• Since its establishment at the end of the 1970s, Jollibee Foods Corporation has grown
spectacularly: today, Jollibee is the leading fast food chain in the Philippines with
over 50% market share and hundreds of restaurants all over the country.
• The company’s public listing at the Philippine Stock Exchange in 1993 broadened its
capital and allowed for the acquisition of the “Greenwich” pizza and pasta chain in
1994. Other major acquisitions include the Chinese fast food chain Yonghe Dawang
(in 2004) and the Chowking oriental food outlets (in 2000).
Business Results
• The company is also present in Brunei Darussalam, China, Hong Kong (SAR of
China), Indonesia, Saudi Arabia, the United Arab Emirates, the United States and
Viet Nam.
• By 2020, the group plans to roughly double the number of restaurants to 4,000
outlets worldwide.
• Jollibee’s business success relies on its smart branding strategy, complemented by
strong customer orientation, superior menu line-up, innovative new products,
creative marketing programs and efficient manufacturing and logistics facilities.
Business Results
• In a recent survey, the Jollibee group was the only Philippine company that made it
to the top 20 of Asia’s best employers list, ranking 16th
• Jollibee Foods Corporation ranked third among Asia’s most admired companies in
2000 and was cited as number one in overall leadership among the top ten
Philippine companies. In 2004, Mr. Caktiong received the Ernst & Young World
Entrepreneur Award.
• Through the Jollibee Foundation, the company has established an institutionalized
mechanism of giving back to the community through projects in the areas of
education, leadership development, livelihood, environment, and housing and
disaster relief.
Marking their Territory in the Philippines and abroad
• Protecting their brands through national and international trademark registration
has been instrumental in Jollibee’s remarkable success – without an easily
recognizable brand associated with highest quality and customer service
standards, it would have been difficult to prevail in the extremely competitive fast
food market.
• “Intellectual property is becoming very important because you need to distinguish
yourself from the others – it’s a very competitive world [in which] you need to
create something unique”, concludes Mr. Caktiong.
Referenes
• https://www.wipo.int/ipadvantage/en/details.jsp?id=2531
1
2 Trademark
• Trade mark is a type of intellectual property consisting of:
• a recognizable sign,
• design,
• or expression
• It identifies products or services of a particular source from those of
other.
• Trademarks used to identify services are usually called service
marks.
3 TRADE MARKS
TIME - Infinite Period (Subject to renewal after 10 years)
(Earlier 7 years)
SPACE - Territorial ( Policy of advance registration )
The Indian law of trademarks is enshrined the new Trade Marks Act,
1999 came into force with effect from September 15, 2003. The old
Trade and Merchandise Marks Act, 1958 was repealed at the same
time.
The new Trademarks Act of 1999 is in line with the WTO
recommendations and is in conformity with the TRIPS Agreement to
which India is a signatory.
4
Trade marks
• Identifies the product and its origin
• Guarantees it’s unchanged quality
• Advertises the product
• Creates an image for the product
5
Yahoo! Inc. vs Akash Arora(1999)
FACTS: The defendant installed a website Yahooindia.com nearly identical to

plaintiff’s renowned yahoo.com and provided services similar to those of the
plaintiff.
DECISION: The Delhi High Court granted an injunction restraining defendant

from using yahoo either as a part of his domain name or as a trade mark. It held
that trade mark law applies with equal force on the internet as it does in the
physical world
“No body has any right to represent his goods as the goods of some body
else’’
6
Industrial Designs
Independently created design that are new and

original are protected by TRIPS agreement.
Industrial designs refer to creative activity, which
results in the ornamental of formal appearance of a
product.
Industrial designs are protected under TRIPS
agreement for a period of 10 years.
7
SUBJECT MATTER OF DESIGN

• SHAPE
• CONFIGURATION
• PATTERN
• ORNAMENTATION
• COMPOSITION OF LINES
• COLOURS
8
APPEAL TO THE EYE

The features should appeal to the eye and should
be judged solely by the eye and not by any
functional consideration.
The eye must be the eye of the customer on a

visual test.
9
Novelty and Originality

• Idea of novelty in pattern or shape or ornament
• First of it’s own kind
10
Designs Prohibited From Registration

• A design which is not new or original
• A design which has been disclosed to the public.
• A design which is not significantly distinguishable
• from known design or combination of known design
• A design which comprises scandalous or obscene
• A design which is contrary to public order or morality
11
Procedure of Registration of a Design

SUBMISSION OF APPLICATION
ACCEPTANCE / OBJECTIONS / REFUSAL
REMOVAL OF OBJECTION
DECISION OF THE CENTRAL GOVERNMENT
THE REGISTRATION OF THE DESIGN

Reckitt & Coleman (RCI) vs. Renkit Industries (RIL)
12
RCI filed a case in the Kolkata High Court in India against RIL for infringing
their registered design for ‘harpic’ bottle. The principal basis of the allegation
was the inclined nozzle.
PLAINTIFF’S DESIGN DEFENDANT’S DESIGN
The defendant RIL argued that the nozzle angle is solely dictated by function
and hence is not a subject matter for a design registration. Moreover other
competing products in the market also have same/similar angle of the inclined
nozzle.
The court refused injunction.
13
Case study
• From Ice Cream Parlor to Fast Food Empire: Tony Tan Caktiong’s Story
https://www.wipo.int/ipadvantage/en/details.jsp?id=2531
• BATTLE OVER THE RED SHOE
Posted in : Case Studies on July 1, 2017 by : Biswajit Sarkar - IP Law Firm India
• https://www.biswajitsarkar.com/blog/case-studies/390.html
BATTLE OVER THE RED SHOE
14
• The issue of whether a color is to be regarded as a shape is a long-standing
question. Various directives under the trade mark laws are not in favor of
registration of any sign which gives substantial value to the goods.
• After observing the plethora of cases for registration of specific colour soled
shoes it is a well settled proposition that the contour is not a part of the
trademark but a mere representation to depict the positioning of the mark
ought to be protected.
• Posted in : Case Studies on July 1, 2017 by : Biswajit Sarkar - IP Law Firm India
15 BATTLE OVER THE RED SHOE
• In 2010 the Paris-based designer Louboutin for his footwear brand –
which is famous for its Chinese red shoe soles –obtained the
registration of a Benelux trade mark for goods in Class 25.
• Initially the registration was for footwear but in 2013 it was amended
to limit the goods covered to high-heeled shoes.
• Louboutin’s unmistakable red-soled shoes enjoy a popularity bolstered
by TV shows like “Sex and the City” and by stars like Jennifer Lopez
and this fame prompted him to trade mark his red-soled look.
A glimpse of Battle of brands over the red soled shoes trade mark
16
Louboutin’s footwear brand is recently in news regarding
a dispute against Dutch footwear brand Van Haren.
17
• Earlier Louboutin won a legal battle over the red soled shoe against YSL.
• He sued YSL for using red soles on the bottom of its pumps. Louboutin won
the battle by sticking to his point -among the label-conscious segment of the
society, his red-soled shoes are the equivalent of his signature and should be
off limits to his rivals, including Yves Saint Laurent.
18
• In the case he argued that use of red footwear by YSL outsoles that
are virtually identical to Louboutin’s Red Sole Mark is likely to
cause confusion, mistake and deception among the relevant
customers.
• After a long exhaustive court battle, YSL dropped their case and
finally agreed YSL to make red shoes where both the soles and
uppers are red but still granted Christian Louboutin trademark
protection over the red sole alone.
19 BATTLE OVER THE RED SHOE
• Right after one year, Louboutin sued Van Haren over the sale
of high-heeled women’s shoes with red soles, for using his
signature style of red soled, seeking an order from the court to
force Van Haren to stop selling its own red soled shoes under its
own brand.
• The Dutch brand is now challenging the validity of Louboutin’s
trade mark on grounds that it would be a 2-dimensional mark (the
colour red) which, when applied to the soles of shoes, conforms to
the shape of the shoes and gives them substantial value.
20 Conclusion
• Any association of colour with a brand is a lucrative opportunity
which adds value to the brand. However, achieving this recognition
and being able to protect the colour through trade mark registration
is not an easy task. Due to high entry barriers as has been observed in
the case, success does not give protection to a particular colour or
shade.
• In line with the directives in any case the absolute grounds for refusal
do not prevent registration of a sign consisting the shape of goods. In
tags along a significant non-functional element.
21
Thank You
Copyrights
Copyrights
Copyright is a right given by the law to creators of
• literary,
• dramatic,
• musical and
• artistic works and
• producers of cinematograph films and sound recordings.
3
Copyrights
One who creates something ought to own it and ought to be able to profit
from that.
4
Areas of copyrights
LITERARY WORKS: These include Fiction, Books, Theses, stories, poems,

reports, computer programs.
DRAMATIC: Plays.
ARTISTIC WORKS: Paintings, drawings, an engraving, sculptures,
photographs, a work of architecture and any other work of artistic
craftsmanship.
CHOREOGRAPHIC WORKS: dances, ballets etc.
5
Areas of copyrights
• SOUND RECORDINGS: Audio cassettes, CD-ROMs, DVDs
• CINEMATOGRAPH FILMS: sound recording accompanying such visual recording
• MUSICAL COMPOSITIONS : Sound tracks, songs compositions
• Software, radio and television broadcasts of live and other performances.
Copyright law
• Copyright law protects expressions of ideas rather than the ideas
themselves.
• Under section 13 of the Copyright Act 1957, copyright protection is
conferred on literary works, dramatic works, musical works, artistic
works, cinematograph films and sound recording.
• For example, books, computer programs are protected under the Act as
literary works.
Copyrights
• Copyright refers to a bundle of exclusive rights vested in the owner of copyright by
virtue of Section 14 of the Act.
• These rights can be exercised only by the owner of copyright or by any other person
who is duly licensed in this regard by the owner of copyright.
These rights include:
• the right of adaptation,
• right of reproduction,
• right of publication,
• right to make translations,
• communication to public etc.
Copyright
• The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958.
• The Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and
2012.
• The Copyright (Amendment) Act, 2012 is the most substantial.
• The main reasons for amendments to the Copyright Act, 1957 include to bring the Act
in conformity with two WIPO internet treaties concluded in 1996 namely, the WIPO
Copyright Treaty (“WCT”) and WIPO Performances and Phonograms Treaty
(“WPPT”).
Copyright Amendments
• Extension of copyright protection in the digital environment.
• Penalties for circumvention of technological protection measures and rights
management information,
• liability of internet service provider
• Introduction of statutory licenses for cover versions and broadcasting organizations;
• ensuring right to receive royalties for authors, and music composers,
• exclusive economic and moral rights to performers,
• equal membership rights in copyright societies for authors and other right owners and
• exception of copyrights for physically disabled to access any works.
Indian perspective on copyright protection
• The Copyright Act, 1957 provides copyright protection in India.
• It confers copyright protection in the following two forms:
(A) Economic rights of the author, and
(B) Moral Rights of the author.
Economic Rights
• The copyright subsists in original literary, dramatic, musical and artistic works;
cinematographs films and sound recordings.
• The authors of copyright in the aforesaid works enjoy economic rights u/s 14 of the
Act.
• The rights are mainly, in respect of literary, dramatic and musical, other than
computer program,
• to reproduce the work in any material form including the storing of it in any medium
by electronic means,
• to issue copies of the work to the public,
• to perform the work in public or communicating it to the public,
• to make any cinematograph film or sound recording in respect of the work, and
• to make any translation or adaptation of the work.
Computer program
• In the case of computer program, the author enjoys in addition to the aforesaid
rights,
• the right to sell or give on hire, or
• offer for sale or hire any copy of the computer program regardless whether such
copy has been sold or given on hire on earlier occasions.
Artistic work
• In the case of an artistic work, the rights available to an author include the right to:
• reproduce the work in any material form, including depiction in three dimensions of
a two dimensional work or in two dimensions of a three dimensional work,
• to communicate or issues copies of the work to the public,
• to include the work in any cinematograph work, and
• to make any adaptation of the work.
Cinematograph film
• In the case of cinematograph film, the author enjoys the right to
• make a copy of the film including a photograph of any image forming part thereof,
• to sell or give on hire or offer for sale or hire, any copy of the film, and
• to communicate the film to the public.
• These rights are similarly available to the author of sound recording. In addition to the
aforesaid rights, the author of a painting, sculpture, drawing or of a manuscript of a
literary, dramatic or musical work, if he was the first owner of the copyright, shall be
entitled to have a right to share in the resale price of such original copy provided that
the resale price exceeds rupees ten thousand.
Moral Rights
• Section 57 of the Act defines the two basic 'moral rights of an author.
These are:
Right of paternity, and Right of integrity.
• The right of paternity refers to a right of an author to claim authorship of
work and a right to prevent all others from claiming authorship of his
work.
• Right of integrity empowers the author to prevent distortion,
• mutilation or other alterations of his work, or any other action in relation
to said work, which would be prejudicial to his honour or reputation.
Moral Rights
• The proviso to section 57(1) provides that the author shall not have any right to restrain
or claim damages in respect of any adaptation of a computer program to which section
52 (1)(aa) applies (i.e. reverse engineering of the same).
It must be noted that failure to display a work or to display it to the satisfaction of the
author shall not be deemed to be an infringement of the rights conferred by this section.
• The legal representatives of the author may exercise the rights conferred upon an author
of a work by section 57(1), other than the right to claim authorship of the work.
17
COPYRIGHT
TIME : Lifetime + 60 years
SPACE : Universal (Berne Convention)
THERE IS NO COPYRIGHT FOR IDEA.

18 SUBJECT MATTER OF COPYRIGHT
LITERARY WORK includes COMPUTER
PROGRAMMES, TABLES, COMPILATIONS &
COMPUTER DATABASES
TERM OF COPYRIGHT
19
LIFETIME + 60 YEARS
EXCEPTIONS :
• Joint Authorship - 60 yrs. since who dies last
• Anonymous – 60 yrs.
• Posthumous publication - 60 yrs.
• Film & Sound Recording – 60 yrs.

Who is the author ?
20
In the case of a literary or dramatic work the author is ________ .
The author is the person who creates the work.
In the case of a musical work,------------.
The composer.
In the case of a cinematograph film-----------------.
The producer.
In the case of a sound recording, -----------------.
In the case of a sound recording, the producer.
In the case of a photograph, ----------------------------.
The photographer.
In the case of a computer generated work, --------
The person who causes the work to be created.
21
Right holders in a musical sound recording
There are many right holders in a musical sound recording.
The lyricist who wrote the lyrics,
the composer who set the music,
the singer who sang the song,
the musician (s) who performed the background music, and
the person or company who produced the sound recording.
22
The exclusive rights of the copyright holder for any literary
work
Several exclusive rights typically attach to the holder of a copyright:
to produce copies or reproductions of the literary work and to sell those copies (including,
typically, electronic copies)
to import or export the literary work
to create derivative works (adapt the work)
to perform or display the work publicly
to sell or assign these rights to others
23
24
Rowling’s brush with India: A copyright case
Even as the Harry Potter frenzy reaches a crescendo on Thursday

night, there are few who know that its author J K Rowling has been
fighting a copyright violation case for the last three years in India.
The petition filed by Rowling in November 2004 was termed a
“passionate debate” between her and auction site eBay, which had
posted pirated versions of her books allegedly put on sale by
“unscrupulous persons,” one by a student, Vinay Verma.
25
Rowling’s brush with India: A copyright
case
The petition, jointly instituted with Warner Brothers, details the success of
Pottermania with 260 million copies sold worldwide in more than 200 countries
and translated into over 61 languages.
“In a work of this fame, violations of trademark and copyright is bound to
happen. Original literary works of Rowling have been uauthorisedly translated
into Marathi, Bengali and Telugu,” Justice A K Sikri of the Delhi High Court
had observed on May 31, 2007.
The judge went on to say how “the plaintiffs narrated that violation of their
intellectual property rights were taking place and they had to take remedies as
prescribed in law in various countries, including India”.
26
case
• The November 2004 suit was one to protect Rowling’s copyright over
the Potter works by checking invasion through misuse in the
electronic dimension through Internet and electronic/digital file
contained in CDs and CD ROMs, the latter an “illegal and
unauthorised reproduction of the original literary works” put on
display/sale by eBay on its auction site.
27
case
The eBay display was “accidently” spotted by Rowling’s representatives in

India while surfing the net.
 The Delhi High Court had immediately granted an interim injunction of
such display on eBay.
Subsequently, Verma himself came on record stating that he was “an
intelligent and hard-working student who had made a genuine bona fide
mistake” by registering the sale of the pirated version on the site.
28 Rowling’s brush with India: A copyright case
• The court had again in January 2007 passed interim injunction orders
against the unauthorised display or sale of Potter series, besides
specifically demanding written undertakings from eBay to that extent. The
Web trader countered the allegations by describing its auction site as a
“marketplace where sellers and buyers can come and trade almost
anything”.
Suggested Readings
• Menell, Peter S, Lemley, Mark A, Merges, Robert P. Intellectual Property in the
New Technological Age, Vol. I Aspen Law & Business, 2019.
• Menell, Peter S, Lemley, Mark A, Merges, Robert P. Intellectual Property in the
New Technological Age, Vol. II Aspen Law & Business, 2019.
• Narayanan, P., Intellectual Property Law, Eastern Law House, 2008.
• http://copyright.gov.in
• https://timesofindia.indiatimes.com/city/delhi/Rs-2-cr-suit-over-Bablis-blue
poncho/articleshow/1237493.cms
Patent Filing Process
Prolific Inventors
• Thomas Alva Edison was widely known as the

America's most prolific inventor, even after his
death in 1931.
• He held a total of 1,093 U.S. patents
(1,084 utility patents and 9 design patents).
• In 2003, Japanese inventor Shunpei Yamazaki surpassed
the number
•5697 patents filed by Shunpei Yamazaki (Main Field: Thin
film transistors, Liquid crystal displays, Solar cells, Flash
memory, OLED.
A prolific inventors in the

world, and has been granted
4,744 US utility patents as of 19
December 2017.
Internationally, he has 9,874
patents or patent applications
Shunpei Yamazaki registered at the international
patent document database.
Kia Silverbrook
Some facts
• In 2019, the United States Patent and Trademark Office issued 333,530 patents
representing a 15% increase over the previous year.
• IBM filed the most patents in 2019, with a total of 9,262. The company has filed
more patents than any other for the last 27 consecutive years.
• Despite being a technological powerhouse, Apple managed to patent 2,490
products. These are much less than the patents filed by IBM's.
TYPES OF PATENT APPLICATIONS
Ordinary Application
Application for Patent of Addition (granted for Improvement or

Modification of the already patented invention, for an unexpired
term of the main patent).
Divisional Application
Convention application
(claiming priority date on the basis of filing in Convention
Countries)
National Phase Application under PCT

The Patent Process
Patent
Challenges
Patent
Granting
Patent
Office
Application Rejections
Application
Preparation
7 Application Preparation
 Loop until perfect:
 Clarify the invention
 Draft Claims
 Prior Art Search & Review
 Describe Preferred Embodiment
 Rough drawings
 Prepare Final Drawings
 Prepare Application forms & fees “package”
8 Application Submission
 Submit “package” by certified mail
(Get return receipt & acknowledgement from PTO (Patent and Trademark
Office)
 The long wait, at least a year, maybe two
(Depends on “art unit” work load)
 Protected from date of filing.
 Easier for an application to be challenged than after patent that has been
granted.
 Application can be contested by evil-doer.
9 Application Rejections
 Patents are almost always rejected at first
 Need to respond by “overcoming” the rejection with:
 Explain why rejection is invalid
 Prior art cited does not apply
 Why it would not be obvious to one skilled in the art
 Modify, add or delete claims
 Possible to talk with examiner, best done with attorney or patent agent (keep
record of what was agreed to & copy examiner)
 May loop through this process until patent granted or limit on number of
“office actions”
10 Patent Granted !!
 Once notified that the patent is granted
 Legal protection begins
 Presumed to be a valid invention
 Patent and “history file” becomes publicly available
 Individual inventors deluged with sales offers.

 Sign up with companies to market your invention (for a fee).
11 The Issued Patent
• Issue of patents takes 1½ to 5+ years from time of original
application filing
• Is effective as a property right from date of issuance.
• Confers exclusive right to owner to make, use, sell, offer for sale
or import patented invention or products/services incorporating
invention (i.e., right to exclude others from doing such things)
• Typically, patents endure for 20 years from the date of earliest
application filing.
12
The Patent Challenge
 When the patent is “asserted” against a product, the accused company will usually
challenge the patent.
 Review the patent and history file
 Look for prior art that would invalidate the patent
 Challenge PTO finding on obviousness or other errors
 Can patent be implemented by one skilled in the art ?
 If they can find something, they may:
 use this to repel assertion
 ask PTO to “re-examine” the patent
 May occur during negotiations or after a lawsuit is filed.
 A patent that survives a “legal” challenge becomes more valuable because it has been
“tested.” But, of course very expensive and risky.
1
Intellectual Property Rights
Professor Ravi Kiran

PHU301:Entrepreneurship & IPR
Lesson 5 Video 1
2
Intellectual Property Rights (IPRs) have gained prominence

in global economic policy making over the last 15 years,
mostly with the 1994 agreement.
Trade Related Aspects of IPRs harmonizes minimum
standards of IPRs in World Trade Organization (WTO)
member countries.
India is a founder member of WTO.
Intellectual Property - Product
of Mind
3
1. Patents
2. Copyrights
3. Trade marks
4. Geographic indications
5. Undisclosed information (trade secrets)
6. Industrial designs
7. Layout designs of integrated circuits
4
Milestones
• Formation of WTO-Jan 1,1995
• The World Trade Organization (WTO) is the only global international
organization dealing with the rules of trade between nations.
• At its heart are the WTO agreements, negotiated and signed by the bulk
of the world’s trading nations and ratified in their parliaments.
• The goal is to ensure that trade flows as smoothly, predictably and freely
as possible.
5
Mile-STONES
Location: Geneva, Switzerland
Established: 1 January 1995
Created by: Uruguay Round negotiations (1986-94)
Membership: 164 countries on 29 July 2016
Secretariat staff: 628
Head: Roberto Azevêdo (Director-General)
•India 1 January 1995 (GATT: 8 July 1948)
•China 11 December 2001

6 Trade-Related Aspects of Intellectual
Property Rights (TRIPS)
• TRIPS is an international agreement administered by the
World Trade Organization (WTO) that sets down minimum
standards for many forms of intellectual property (IP)
regulation as applied to nationals of other WTO Members.
• It was negotiated at the end of the Uruguay Round of the
General Agreement on Tariffs and Trade (GATT) in 1994.
7
The new mantra
• The ‘Innovation–Patent–Research chain has moved from the earlier mantra of
‘publish or perish’ to ‘patent or perish’
• Indian scientists have voiced mixed responses towards this development.
• In recent times, the most vocal supporters of a vigorous patenting policy have
been Ragunath Ananth Mashelkar, Director General, CSIR and R. Saha, Patent
Facilitating Cell, Technology Information, Forecasting Assessment Council
8
• A patent is a property right given by the government
conferring on the granter the exclusive privilege of
making, selling and using the invention for a limited
period of time.
9
Patent
• Patents shall be available for all inventions whether products or

processes, in all fields of technology provided they are:
• New or novel
• Inventiveness (Non Obvious)
• Usefulness
10
Novelty
Novelty is assessed in a global context.
Prior use of the invention in the country of interest before the
filing date can also destroy the novelty.
Novelty is determine through extensive literature and patent
searches.
11
Inventiveness (Non-obviousness): A patent application involves an

inventive step if the proposed invention is not obvious to a person
skilled in the art, i.e., skilled in the subject matter of the patent
application on the date of filing the application.
Usefulness: An invention must possess utility for the grant of patent
No valid patent can be granted for an invention devoid of utility.
12
Some Facts About Patents
1. Patents are granted for even small but novel inventions.
2. It is a territorial right.
3. For obtaining patent rights in different countries, one has to submit
separate patent applications in all the countries of interest.
4. If the country of interest is a member country of Patent Cooperation Treaty
(PCT), one can file through PCT and mention the name of the countries of
interest as Designate.
13
Some Facts About Patents
Patents cannot be granted for:
disclosure inventions,
scientific principles,
formulation of abstract theory,
frivolous inventions contrary to well establish natural laws or morality or
injurious to public heath,
method of agriculture or horticulture, inventions related to atomic
energy
process for medical treatment.
14
Tips to Inventors
Do not publish/present your Invention before filing Patent Application.

Maintain records of your research methodically.
Conduct patent search before filing patent application judge the patentability.
File patent application as early as possible. You may even file application with
provisional specifications.
15
Tips to Inventors
 Patent is a techno-legal document. It is always better to draft claims through an

attorney.
Ensure maximum commercial exploitation of the right within the tenure of patents.
Computer Software are not Patentable but copyrightable items in India. However,
these are Patentable abroad.
16
Patents Legislations
• Earlier we were governed by Patent Act 1970.
• The Patent Amendment Act 2002 and Patents Rules 2003 came into
force with effect from May 20, 2003, extending the term of patent to
20 years.
• The Third Amendment of the Patents Act 1970, by way of the Patents
(Amendment) Ordinance 2004 came into force on 1st January, 2005
incorporating the provisions for granting product patent in all fields
of Technology including chemicals, food, drugs & agrochemicals and
this Ordinance is replaced by the Patents (Amendment) Act 2005
which is in force now having effect from 1-1-2005 .
Establishment of Patent Administration in
17
India
• Patent system in India is administered under the superintendence of the Controller

General of Patents, Designs, Trademarks and Geographical Indications.
• The Office of the Controller General functions under the Department of Industrial
Policy and Promotion, Ministry of Commerce and Industry.
• There are four patent offices in India. The Head Office is located at Kolkata and other
Patent Offices are located at Delhi, Mumbai and Chennai.
18
INDUSTRIAL PROPERTY
TRADEMARK
Brand Name ICs
Subject Matter of
Trade Mark
DESIGN
External Appearance
PATENT
Subject Matter of Design. Ink flow Mechanism
19
Myths
• Only R & D Institutes can file patents
• Patent for dish washer issued to a housewife Josephine Garis on 28-12-
1886.
• Mark Twain the famous poet got three patents for his inventions
• An adjustable strap to tighten shirts (1871)- His first patent was patent
(#121,992) for the "Improvement in Adjustable and Detachable
Straps for Garments" on December 19, 1871. The strap was used to
tighten shirts at the waist, and was supposed to take the place of
suspenders.
• A self pasting scrap book (1873).
• A history Trivia game 1885.
• Patents are granted even for small inventions like needle, pin etc.
Indian First Patent
20
• Date 2nd September 1856

• Inventor George Alfred De Penning
• Invention An EFFICIENT Punkah
Pulling Machine
• Term 14 Years
• Authority The East India
Company
21
COPYRIGHT
TIME : Lifetime + 60 years
SPACE : Universal (Berne Convention)
THERE IS NO COPYRIGHT FOR IDEA.

22
Areas of Copyrights
Copyright may subsist in a wide range of creative or artistic forms
or "works".
1. LITERARY
2. DRAMATIC
3. MUSICAL
4. ARTISTIC WORKS
5. CINEMATOGRAPH FILMS
6. SOUND RECORDINGS
23
Areas of copyrights
 LITERARY WORKS: These include Fiction, Books, Theses, stories, poems,
reports, computer programs.
LITERARY WORK includes COMPUTER

PROGRAMMES, TABLES, COMPILATIONS &
COMPUTER DATABASES
 DRAMATIC: Plays and others
 ARTISTIC WORKS: Paintings, drawings, an engraving, sculptures,

photographs, a work of architecture and any other work of artistic
craftsmanship.
 CHOREOGRAPHIC WORKS: dances, ballets etc

24
Areas of copyrights
• SOUND RECORDINGS: Audio cassettes, CD-ROMs, DVDs
• CINEMATOGRAPH FILMS: sound recording accompanying
such visual recording
• MUSICAL COMPOSITIONS : Sound tracks, songs compositions
• Software, radio and television broadcasts of live and other
performances.
25
Works not
1. Words subject
and to
short phrases CopyrightS
such as names, titles, and slogans;
familiar symbols or designs; mere variations of typographic
ornamentation, lettering or coloring; mere listing of
ingredients or contents;
2. Ideas, plans, methods, systems, or devices, as distinguished
from the particular manner in which they are expressed or
described in a writing;
3. Blank forms, such as time cards, graph paper, account books,
diaries, bank checks, scorecards, address books, report forms,
order forms and the like, which are designed for recording
information and do not in themselves convey information;
4. Works consisting entirely of information that is common
property containing no original authorship, such as, for
example: Standard calendars, height and weight charts, tape
measures and rulers, schedules of sporting events, and lists or
tables taken from public documents or other common sources.
26
COPYRIGHTS
One who creates something ought to own that something,
and ought to be able to profit from that something.
27
Who is the author

• In the case of a literary or dramatic work the author is ---------------.
• In the case of a musical work,------------.
• In the case of a cinematograph film-----------------.
• In the case of a sound recording, -----------------.
• In the case of a photograph, ----------------------------.
• In the case of a computer generated work, --------
28
Who is an author?
In the case of a literary or dramatic work the author, i.e., the
person who creates the work.
In the case of a musical work, the composer.
In the case of a cinematograph film, the producer.
In the case of a sound recording, the producer.
In the case of a photograph, the photographer.
In the case of a computer generated work, the person who causes
the work to be created.
right holders in a musical sound
29
recording
• There are many right holders in a musical sound recording.

• For example, the lyricist who wrote the lyrics, the composer who set the music,
the singer who sang the song, the musician (s) who performed the background
music, and the person or company who produced the sound recording.
The exclusive
30 rights of the copyright holder
for any literary work
Several exclusive rights typically attach to the holder of a copyright:
to produce copies or reproductions of the literary work and to sell
those copies (including, typically, electronic copies)
to import or export the literary work
to create derivative works (adapt the work)
to perform or display the work publicly
to sell or assign these rights to others
31
joint authorship
• "Work of joint authorship" means a work produced by the
collaboration of two or more authors in which the contribution of
one author is not distinct from the contribution of the other
author or authors.
32
Term of Copyright
 LIFETIME + 60 YEARS
 EXCEPTIONS :
• Joint Authorship - 60 yrs since who dies last
• Anonymous – 60 yrs
• Posthumous publication - 60 yrs
• Film & Sound Recording – 60 yrs
TERM OF COPYRIGHT
33
LIFETIME + 60 YEARS
EXCEPTIONS :
• Joint Authorship - 60 yrs since who dies last
• Anonymous – 60 yrs
• Posthumous publication - 60 yrs
• Film & Sound Recording – 60 yrs
• PSU - 60 yrs
34
35
Phone booth and
Knockout
 The Sanjay Dutt starrer Knock Out may have been released on
Friday, but the Bombay High Court's judgment that eventually
allowed Sohail Maklai Entertainment (SME) to release the film has
been landmark in its own way.
This the first time that an Indian court has admitted that
Bollywood infringed a Hollywood copyright. That much, for sure,
is landmark.
36
Phone booth and
Knockout
Thursday, a day before release had been a day of high drama.
First, a single judge bench of the High Court of Justice Roshan
Dalvi restrained the producers from releasing the film on Friday.
 Justice Dalvi did this after watching both Knock Out and Phone
Booth on Wednesday.
 20th Century Fox had filed the case against the makers of Knock
Out, AAP Entertainment and Sohail Maklai, arguing that the film
was a remake of their production Phone Booth.
37
Phone booth and
Knockout
However, the producers immediately approached a division

bench of the court. After hearing the case for about an hour and a
half, the division bench of Chief Justice Mohit Shah and Justice D
Y Chandrachud, in turn, stayed the earlier order.
The bench made it clear that the relief granted was on condition
that they deposit Rs 15 million with the High Court by October
19 and that they maintain accounts related to business done by
the film.
38
Phone booth and
Knockout
• The order came quite late in the evening, at 7:45 pm, but
gave the producers enough time to go ahead with their
release.
• The film is tipped to rake in more than Rs 15 million,
with distributors Eros releasing the film worldwide.
• The reason why the bench did not go with Fox was the
contention that the film had been publicised way back
during the IIFA awards in June and, therefore, the case
would have been filed earlier.
39
Phone booth and
Knockout
Fox had alleged that SME had refused to part with their film’s
screenplay. Fox holds the copyright of Phone Booth’s script after the
original screenplay writer Larry Cohen entered into an agreement
with Fox in 1998.
SME had argued that Phone Booth too was a copy of Liberty Stands
Still, a film released in 2002.
Fox was seeking a monopoly on the idea of a film based on a
phone booth, which was not permissible in law.
40
Phone booth and
Knockout
The bench's decision, which has indeed come as a relief for SME,
paves the way for many more court battles to be fought.
 Till now Hollywood producers had been looking the other way.
In a globalised world, however, things are slowly turning out to
be different.
For, on one hand, the Indian film industry has been trying to
make forays into Hollywood.
And on the other, Hollywood has been eyeing the massive Indian
market, the SME side insisted.
41
Phone booth and
Knockout
SME counsel Iqbal Chagla said there were only three elements
common to both films — a phone booth, a sniper and the
extraction of a confession from the protagonist.
He said the basic concepts of both films were completely
different.
 While in Phone Booth the sniper makes a man confess to having
had an affair with his wife, Knock Out is about corruption.
42
Rowling’s brush with India: A copyright case
Even as the Harry Potter frenzy reaches a crescendo on Thursday

night, there are few who know that its author J K Rowling has been
fighting a copyright violation case for the last three years in India.
The petition filed by Rowling in November 2004 was termed a
“passionate debate” between her and auction site eBay, which had
posted pirated versions of her books allegedly put on sale by
“unscrupulous persons,” one by a student, Vinay Verma.
43
Rowling’s brush with India: A
copyright case
The petition, jointly instituted with Warner Brothers, details the success of
Pottermania with 260 million copies sold worldwide in more than 200 countries
and translated into over 61 languages.
“In a work of this fame, violations of trademark and copyright is bound to
happen. Original literary works of Rowling have been uauthorisedly translated
into Marathi, Bengali and Telugu,” Justice A K Sikri of the Delhi High Court had
observed on May 31, 2007.
The judge went on to say how “the plaintiffs narrated that violation of their
intellectual property rights were taking place and they had to take remedies as
prescribed in law in various countries, including India”.
44
Rowling’s brush with India:
A copyright case
• The November 2004 suit was one to protect Rowling’s copyright over the Potter works by
checking invasion through misuse in the electronic dimension through Internet and
electronic/digital file contained in CDs and CD ROMs, the latter an “illegal and
unauthorised reproduction of the original literary works” put on display/sale by eBay on
its auction site.
45
Rowling’s brush with India: A
copyright case
The eBay display was “accidently” spotted by Rowling’s representatives in India while
surfing the net.
 The Delhi High Court had immediately granted an interim injunction of such display on
eBay.
Subsequently, Verma himself came on record stating that he was “an intelligent and hard-
working student who had made a genuine bona fide mistake” by registering the sale of
the pirated version on the site.
46
Rowling’s brush with India:
A copyright case
• The court had again in January 2007 passed interim injunction orders against the
unauthorised display or sale of Potter series, besides specifically demanding written
undertakings from eBay to that extent. The Web trader countered the allegations by
describing its auction site as a “marketplace where sellers and buyers can come and
trade almost anything”.
47
TRADE MARKS
“According to Section 2 (zb) of the Trade Marks Act, 1999,
"trade mark means a mark capable of being represented
graphically and which is capable of distinguishing the goods or
services of one person from those of others and may include
shape of goods, their packaging and combination of colours."
48
49 TRADE MARKS
TIME - Infinite Period (Subject to renewal after 10 years)
(Earlier 7 years)
SPACE - Territorial ( Policy of advance registration )
The Indian law of trademarks is enshrined the new Trade Marks Act, 1999 came
into force with effect from September 15, 2003. The old Trade and Merchandise
Marks Act, 1958 was repealed at the same time.
The new Trademarks Act of 1999 is in line with the WTO recommendations and
is in conformity with the TRIPS Agreement to which India is a signatory.
50
FUNCTIONS OF TRADEMARK
• Identifies the product and its origin
• Guarantees it’s unchanged quality
• Advertises the product
• Creates an image for the product

51
Yahoo! Inc. vs Akash Arora(1999)
FACTS: The defendant installed a website Yahooindia.com nearly identical to

plaintiff’s renowned yahoo.com and provided services similar to those of the
plaintiff.
DECISION: The Delhi High Court granted an injunction restraining defendant

from using yahoo either as a part of his domain name or as a trade mark. It held
that trade mark law applies with equal force on the internet as it does in the
physical world
“No body has any right to represent his goods as the goods of some body
else’’
52 Industrial Designs
Independently created design that are new and
original are protected by TRIPS agreement.
Industrial designs refer to creative activity, which
results in the ornamental of formal appearance
of a product.
Industrial designs are protected under TRIPS
agreement for a period of 10 years.
SUBJECT MATTER OF DESIGN
53
• SHAPE
• CONFIGURATION
• PATTERN
• ORNAMENTATION
• COMPOSITION OF LINES
• COLOURS
APPEAL TO THE EYE
54
The features should appeal to the eye and

should be judged solely by the eye and not by
any functional consideration.
The eye must be the eye of the customer on a

visual test.
55
Novelty and Originality

• Idea of novelty in pattern or shape or
ornament
• First of it’s own kind
56 Designs Prohibited From Registration
• A design which is not new or original
• A design which has been disclosed to the public
• A design which is not significantly distinguishable

from known design or combination of known
design
• A design which comprises scandalous or obscene
• A design which is contrary to public order or morality

Procedure of Registration of a Design
57
• SUBMISSION OF APPLICATION
• ACCEPTANCE / OBJECTIONS / REFUSAL
• REMOVAL OF OBJECTION
• DECISION OF THE CENTRAL GOVERNMENT
• THE REGISTRATION OF THE DESIGN

Reckitt & Coleman (RCI) vs. Renkit Industries (RIL)
58
RCI filed a case in the Kolkata High Court in India against RIL for infringing
their registered design for ‘harpic’ bottle. The principal basis of the allegation
was the inclined nozzle.
PLAINTIFF’S DESIGN DEFENDANT’S DESIGN
The defendant RIL argued that the nozzle angle is solely dictated by function
and hence is not a subject matter for a design registration. Moreover other
competing products in the market also have same/similar angle of the inclined
nozzle.
The court refused injunction.
Geographical Indications
59
• Geographical Indications of goods are defined

as that aspect of Industrial Property, which
refers to the geographical indication referring to
a country or to a place, situated therein as
being the country of place of origin of that
product.
• GIs are essentially the DNA of Nature
impregnated into the Mother Earth – difficult
to clone and beyond scientific calculation.
• GIs are about culture, geography, traditions,
heritage and traditional practices of people and
countries.
Geographical Indication Product State Date
of
Registration
60
Darjeeling Tea Tea West Bengal 29.10.04
Pochampally Ikat Textile Andhra Pradesh 31.12.04
Chanderi saree Textile Guna, 28.01.05
Madhya Pradesh
Kotpad Handloom fabric Textile Koraput, Orissa 02.06.05
Kota Doria Textiles Kota, Rajasthan 05.07.05
Kancheepuram silk Textiles Tamil Nadu 02.06.05
Bhavani Jamakkalam Textile, carpets Erode,Tamil Nadu 05.07.05
Mysore Agarbathi Incense sticks Mysore, Karnataka 02.06.05
Mysore Sandalwood Oil Essential Oil Karnataka 30.01.06
Mysore Sandal Soap Soap Karnataka 30.01.06
Solapur Chaddar Textiles Maharashtra 19.09.05
Solapur Terry Towel Textiles Maharashtra 19.09.05
Mysore Silk Textiles Karnataka 28.11.05
Kullu Shawl Textiles Himachal Pradesh 12.12.05
Madurai Sungudi Textiles Tamil Nadu 12.12.05
Kangra Tea Tea Himachal Pradesh 12.12.05
61

The TRIPS Agreement requires undisclosed information-
trade secrets or know how to be protected.
Any information that is a secret that has commercial value
because it is a secret and that has been subject to
reasonable steps to keep it a secret requires protection.
The Agreement requires that a person lawfully in control of
such information must have the possibility of protecting it
from being disclosed to, acquired by or used by others
without his or her consent .
https://www.crowell.com/Case-Studies/Crowell-Moring-
Case-Study-DuPont
62

• Coca-Cola recipe was formulated at the Eagle Drug and Chemical
Company, a drugstore in Columbus, Georgia by John Pemberton
in 1886.The only official written copy is supposedly held in
SunTrust Bank's steel vault in Atlanta and guarded 24-hours a day
.
Top secret recipe has now been leaked by a website-

thisamericanlife.org.
63
Coca-Cola recipe was formulated at the Eagle

Drug and Chemical Company, a drugstore in
Columbus, Georgia by John Pemberton in
1886.The only official written copy is supposedly
held in SunTrust Bank's steel vault in Atlanta
and guarded 24-hours a day .
Top secret recipe has now been leaked by a

website- thisamericanlife.org.
64 United States of America v. Wang Dong, Sun Kailiang, Wen Xinyu,
Huang• Case Filing Date:
Zhenyu, Gu
May 1, 2014 | Court Name: Chunhui
United States District
Court for the Western District of Pennsylvania (Pittsburgh) U.S.
Government Files Charges Against Chinese Officials for
Cybertheft of Trade Secrets
• In the first time charges have ever been brought against a state
actor for cyber-espionage including theft of trade secrets, the U.S.
government has alleged that five Chinese Officials stole valuable
information from a number of U.S. companies.
• The indictment, filed in the Western District of Pennsylvania,
enumerates the alleged conduct, including:
• stealing confidential and proprietary technical and design
specifications for pipes, pipe supports, and pipe routing for a
Westinghouse Power Plant;
65
United States of America v. Wang Dong, Sun Kailiang, Wen Xinyu, Huang Zhenyu,
Gu Chunhui
• stealing confidential information from SolarWorld regarding their
cash flow, manufacturing metrics, production line, and costs;
• installing malware on U.S. Steel computers in an attempt to
identify and exploit vulnerable servers; stealing network
credentials for nearly every ATI employee;
• stealing e-mails from senior USW employees containing sensitive
information about USW strategies related to pending trade
disputes with China; and
• stealing emails from Alcoa pertaining to an agreement between
Alcoa and a Chinese State Owned Enterprise.
66
United States of America v. Wang Dong, Sun Kailiang, Wen Xinyu,
Huang Zhenyu, Gu Chunhui
• Estimating the cost of cyber-espionage on the U.S. economy is quite tricky,

but some economists have claimed the damages are on the order of tens of
billions of dollars.
• Over the past year, the U.S. has made it clear that they will intensify their
efforts to put an end to the theft. John Carlin, the Assistant A.G. for
National Security, stated that “State actors engaged in cyber espionage for
economic advantage are not immune from the law just because they hack
under the shadow of their country’s flag.”
67

An integrated circuit means a product in its final form, or
immediate form, in which the elements, and some or all
the interconnections are integrally formed in and /or on a
piece of material and which is intended to perform an
electronic function.
Protection has to be granted for a period of 10 years
68
Layout Design
A layout design is defined as the three dimensional
disposition, however expressed of elements, at least one of
which is an active element and of some or all of the
interconnections of an integrated circuit or such a three-
dimensional disposition prepared for an integrated circuit
intended for manufacture.
69
Thank You
Non-Parametric Tests Wilcoxon Signed-
rank Test
Wilcoxon signed-rank
• The Wilcoxon signed-rank test is an alternative to paired t-
test.
• In paired t-test each experimental unit gives rise to two
paired observations, one from population 1 and other from
population 2.
• Wilcoxon signed-rank is analogous to paired t-test and is
stronger than sign test for paired observation.
Table 1
Sales before Sales after

Wilcoxon signed-rank Salesmen
Training Training
1 2000 2005
A marketing manager is trying to determine 2 1800 1850
whether sales performance of his salesmen 3 1950 1980
improved after a training program. 4 2060 2040
5 2110 2100
For this the manager collected a sample of 12 6 2450 2505
salesmen who attended training program. 7 2300 2390
8 2500 2420
Given in table 1 are the sales figures of 12 9 1400 1500
salesmen before and after training. 10 1000 1200
11 1120 1155
12 1200 1450
Procedure
• First find the difference between sales before training and after
training.
• Second, take the absolute value of the differences between sales
before training and after training.
• Thirdly, rank the absolute value of the differences from lowest to
highest discarding any differences of zero. Tied differences are
given average ranking.
• Fourthly, ranks are given the sign of the original difference in the
data.
• Finally, compute sum of the signed-rank values.
Hypothesis: Sales performance before Sales Sales Absolute
Signed
Salesmen before after Difference Value of Ranking
Rank
and after the training program are Training Training difference
same. 1 2000 2005 5 5 1 1

2 1800 1850 50 50 6 6
If the sales performances are same 3 1950 1980 30 30 4 4
then the positive ranks will cancel 4 2060 2040 -20 20 3 -3
out negative ranks leading to the 5 2110 2100 -10 10 2 -2
6 2450 2505 55 55 7 7
sum of signed rank zero.
7 2300 2390 90 90 9 9
Thus, the Wilcoxon signed-rank 8 2500 2420 -80 80 8 -8
test determines whether the sum 9 1400 1500 100 100 10 10
10 1000 1200 200 200 11 11
of signed-rank is significantly
11 1120 1155 35 35 5 5
different from zero. 12 1200 1450 250 250 12 12
Sales Sales before Sales after Absolute Signed Rank
Difference Rank
men Training Training Difference
1 2000 2005 2005-2000=5

2 1800 1850
3 1950 1980
4 2060 2040
5 2110 2100
6 2450 2505
7 2300 2390
8 2500 2420
9 1400 1500
10 1000 1200
11 1120 1155
12 1200 1450
In Wilcoxon signed-rank test the sum Sales
Sales after
Absolute
Signed
Salesmen before Difference Value of Ranking
Training Rank
of signed rank is denoted by T. Training difference
For two identical populations, when 1 2000 2005 5 5 1 1

the number of matched pairs of data is 2 1800 1850 50 50 6 6
more than 10, sampling distribution of 3 1950 1980 30 30 4 4
T is normally distributed. 4 2060 2040 -20 20 3 -3
5 2110 2100 -10 10 2 -2
6 2450 2505 55 55 7 7
Mean :μT = 0
Standard Deviation: σT 7 2300 2390 90 90 9 9
8 2500 2420 -80 80 8 -8
9 1400 1500 100 100 10 10
10 1000 1200 200 200 11 11
11 1120 1155 35 35 5 5
12 1200 1450 250 250 12 12
Absolute
The difference between the paired Sales
Salesmen before
Sales
after
Differenc Value of
Ranking
Signed
e differenc Rank
observations from sample1 and sample 2 Training Training
e
gives an idea about the differences 1 2000 2005 5 5 1 1

between the two populations. 2 1800 1850 50 50 6 6
Here, we are trying to find out whether the 3 1950 1980 30 30 4 4
4 2060 2040 -20 20 3 -3
sales performance is significantly different
5 2110 2100 -10 10 2 -2
before and after training program.
6 2450 2505 55 55 7 7
Accordingly, we have framed the 7 2300 2390 90 90 9 9
following hypothesis: 8 2500 2420 -80 80 8 -8
H0: Sales performance before and after the 9 1400 1500 100 100 10 10
training program are same. 10 1000 1200 200 200 11 11
11 1120 1155 35 35 5 5
12 1200 1450 250 250 12 12
T  T
Z 
T Sales
Sales after
Absolute
Signed
Salesmen before Difference Value of Ranking
Training Rank
Training difference
Let T be the smaller of the two sums.
T=13 1 2000 2005 5 5 1 1
2 1800 1850 50 50 6 6
Now calculate the value for test statistic. 3 1950 1980 30 30 4 4
4 2060 2040 -20 20 3 -3
Z= (13-0)/ SD 5 2110 2100 -10 10 2 -2
6 2450 2505 55 55 7 7
7 2300 2390 90 90 9 9
8 2500 2420 -80 80 8 -8
9 1400 1500 100 100 10 10
10 1000 1200 200 200 11 11
11 1120 1155 35 35 5 5
12 1200 1450 250 250 12 12
• Take decision: Critical Z value for 5 percent significance level is 1.96.
• If the calculated value (Z) is greater than the critical value.
• This implies that the sales performance before and after training is
significantly different.
• If the calculated value (Z) is less than than the critical value.
• This implies that the sales performance before and after training is not
significantly different.
• When the no of pairs of observations n for which difference is not
0 is greater than 15, the T statistic follows an approximate normal
distribution under the null hypothesis that population differences
are centred at 0. The mean and standard deviation of T are given
by :
Find X-Y
15
Non-Parametric Tests
Kruskal Wallis Test
Kruskal-Wallis Test
• Mann-Whitney U test is be used for testing whether two
populations are identical.
• Kruskal-Wallis extended the test to three or more populations.
• In other words, the Kruskal-Wallis statistics is used to test
whether three or more populations are identical.
Kruskal-Wallis Test
• We understand that analysis of variance (ANOVA) is used to
test whether mean of three or populations are equal.
• Two things required for ANOVA testing are data must be either
interval or ratio scaled and the assumptions that the
populations are normally distributed.
• The Kruskal-Wallis test is a nonparametric alternative to
ANOVA test.
• Consider the following
example to illustrate the Finance Marketing HRM
Kruskal-Wallis test. 14 6 13
• Given are the numbers of 16 11 14
students placed having major
in finance, marketing and 10 10 6
human resource management. 8 12 18
• Does this data indicate 5 15
significant difference in
placement based on
specialization?
Assign Ranks
Step 1: Rank the combined sample from low to high and

compute sum of the rank
Finance Marketing HRM
14 6 13
16 11 14
10 10 6
8 12 18
5 15
Step 1: Rank the combined sample Finance Rank Marketing Rank HRM Rank
from low to high and compute sum of
14 10.5 6 2.5 13 9
the rank
16 13 11 7 14 10.5
10 5.5 10 5.5 6 2.5
Step 2: Compute the Kruskal-Wallis 8 4 12 8 18 14
test which is based on sum of the ranks 5 1 15 12
of each samples given by the following
expression: 32 35 36
Step 1: Rank the combined sample Finance Rank Marketing Rank HRM Rank
from low to high and compute sum of
14 10.5 6 2.5 13 9
the rank
16 13 11 7 14 10.5
10 5.5 10 5.5 6 2.5
Step 2: Compute the Kruskal-Wallis 8 4 12 8 18 14
test which is based on sum of the ranks 5 1 15 12
of each samples given by the following
expression: 32 35 36
 12 k
Ri2 
W     3(nT  1) Finance Rank Marketing Rank HRM Rank
 nT (nT  1) i1 ni 
14 10.5 6 2.5 13 9
16 13 11 7 14 10.5
where 10 5.5 10 5.5 6 2.5
K = the number of populations
8 4 12 8 18 14
ni = the number of observations in sample i
5 1 15 12
nT = total number of observations in all
samples
Ri = Sum of the ranks for sample i 32 35 36
Marketin
Finance Rank Rank HRM Rank
g
nT = 5+5+4 = 14
14 10.5 6 2.5 13 9
We compute the W statistic by using 16 13 11 7 14 10.5
the formula: 10 5.5 10 5.5 6 2.5
8 4 12 8 18 14
 12 k
Ri2  5 1 15 12
W     3(nT  1)
 nT (nT  1) i1 ni 
32 35 36
 12 k
Ri2 
12  (32) 2 (35) 2 (36) 2 
W     3(nT  1)
W    3(14  1)  0  nT (nT  1) i 1 ni 

14(15)  5 5 4  
Step 3: After computing W, we can use Chi-square distribution to test the

hypothesis that all the populations are identical.
Chi-square distribution is also defined by degrees of freedom which is given by
(k-1)= (3-1)= 2. For 2 degrees of freedom at 5 percent significance level χ2 = 5.991
Step 4: Take the decision. Since the computed Chi-square value is less than
critical Chi-square value, do not reject the null hypothesis.
Thus, the above test has established that there is no significant difference in
placement depending upon specializations.
In other words, all the populations are identical.
11
Mann Whitney Test
The Mann-Whitney U Test
• The Mann-Whitney U test is a nonparametric test used for

testing the difference between two independent
populations.
• When the sample size is either too small or distributions of
variables do not meet the requirement of normal
distribution then using t-test is not appropriate.
• The Mann-Whitney U test can be used in these situations.
The Mann-Whitney U Test
• This test can be used when the sample size is small

ranging between 5 to 20. Another requirement is that the
measurement scale for the data is at least ordinal.
• The Mann-Whitney test tries to determine whether the
two populations are same.
Small-Sample Case Table 1
When the sample sizes for both the

Women
populations are less than or equal to 20 Men Employees
Employees
then the Mann-Whitney U test is used.
Let us consider the annual salary of 8 7.6 3.6
5.2 4.1
men and women with equal education of 3.8 6.5
Ph.D. degrees. 5.1 3
The data (Rs Lakhs) is given in Table 1. 8.4 2.5
6 3.2
6.8 2.6
7.2 5
Steps
Step 1: Rank the Men Women
Rank Rank
Employees Employees
combined data ignoring
7.6 15 3.6 5
the group from low to 5.2 10 4.1 7
high. 3.8 6 6.5 12
The ranking of salary of 5.1 9 3 3
men and women is 8.4 16 2.5 1
shown below in Table 1. 6 11 3.2 4
6.8 13 2.6 2
7.2 14 5 8
Steps
• Step 2: Add up the ranks for women
employees to get TL Men
Rank
Women
Rank
Employees Employees
• Therefore, TL = 5+7+12+3+1+4+2+8 = 42
7.6 15 3.6 5
• Step 3: Add up the ranks for men 5.2 10 4.1 7
employees to get TU 3.8 6 6.5 12
5.1 9 3 3
• Therefore, TU = 15+10+6+9+16+11+13+14 8.4 16 2.5 1
= 94 6 11 3.2 4
• Step 4: Select the larger rank. In this 6.8 13 2.6 2
7.2 14 5 8
case, it is TU.
Step 5: Calculate n1, n2 and nx where n1
and n2 are number of sample unit in each
group and nx is the number of unit in the
group that gave rise to larger rank.
n1 = 8
n2 = 8
nx = 8
U  n1  n2  nx 
nx  1
T
U U  88  8
9
 94  6
2 2
STEPS
• Step 7: Compare the critical U values for the Mann-Whitney U test from
the table with obtained U value.
• To be significant difference between men and women salary our
obtained U value must be equal or less than critical value.
• For n1=8 and n2=8, the Mann-Whitney critical value is 13 at 0.05
significance level.
• Thus, the two populations are not identical indicating that salary of men
and women employees with equal education significantly different.
• Thus, there is evidence of gender discrimination in salary.
Large-Sample Case
• When the size of sample is large the distribution of T is

approximately normally distributed.
• The sampling distribution of the rank sum is given by the
following formulae:
Mean
: T  1 2 n1 (n1  n2  1)
Standard
deviation:
 T  112 n1n2 (n1  n2  1)
Marks of Marks of
Student No.
Section A Section B
1 62 75
2 76 44
We will consider one example to 3 48 78
illustrate the Mann-Whitney U test in 4 54 65
5 50 66
large sample case.
6 72 52
Table 2 gives data on average marks 7 85 91
obtained by the students of two 8 92 86
9 74 61
sections A and B in business statistics
10 68 76
paper. 11 65 82
12 67 64
13 55 58
14 88 42
15 90
16 95
Step 1: Rank the combined sample from Student Marks of Marks of
Rank Rank
low to high and compute T sum of the No. Section A Section B
larger rank. 1 62 10 75 19
If two or more sample values in the 2 76 20.5 44 2
3 48 3 78 22
pooled samples are identical, i.e., if 4 54 6 65 12.5
there are ties, the sample values are 5 50 4 66 14
each assigned a rank equal to the mean 6 72 17 52 5
of the ranks that would otherwise be 7 85 24 91 28
8 92 29 86 25
assigned. 9 74 18 61 9
10 68 16 76 20.5
Step 2: Given that the sample sizes are 11 65 12.5 82 23
n1= 16 and n2=14 mean and standard 12 67 15 64 11
13 55 7 58 8
deviation of T for the larger rank is 14 88 26 42 1
given as follows: 15 90 27 200
16 95 30
265
Step 2: Given that the sample sizes are n1= 16 and Student Marks of Marks of
Rank Rank
n2=14 mean and standard deviation No. Section A Section B
T  1 2 n1 (n1  n2  1) 1
2
62
76
10
20.5
75
44
19
2
3 48 3 78 22
 1 16(16  14  1)  248 4 54 6 65 12.5
2 5 50 4 66 14
6 72 17 52 5
 T  112 n1n2 (n1  n2  1) 7

8
85
92
24
29
91
86
28
25
9 74 18 61 9
10 68 16 76 20.5
 1 16 (14)(16  14  1)  24.05 11 65 12.5 82 23
12 12 67 15 64 11
13 55 7 58 8
Step 3 : Hypothesis 14 88 26 42 1
H0 : Two samples come from identical 15 90 27 200
populations 16 95 30
265
Step 4 : Choose the appropriate Student Marks of
Rank
Marks of
Rank
Test No. Section A Section B
T  T 265  248
Z   0.70 1 62 10 75 19
T 24.05 2 76 20.5 44 2
3 48 3 78 22
4 54 6 65 12.5
Step 5 : Compare the computed value of the test
5 50 4 66 14
with critical Z value. Critical Z value at 5 percent 6 72 17 52 5
is 1.96 while computed is 0.70. 7 85 24 91 28
8 92 29 86 25
Step 6: Take decision. Since the computed value 9 74 18 61 9
10 68 16 76 20.5
is less than critical do not reject the null
11 65 12.5 82 23
hypothesis implying that both the populations 12 67 15 64 11
are same. 13 55 7 58 8
14 88 26 42 1
15 90 27 200
16 95 30
265
15
1
Chi-Square
2 Chi-Square (χ2) and Frequency Data
• The inference related to the population is generally
concerned with “scores” on one or more variables, such as
CAT scores, mathematics achievement, and hours spent on
the computer.
• We use these scores to make the inferences about

population means.
• However, not all research questions involve score data.
3
Pearson Chi-Square: χ2
Scale of Both the Measures of

Variables Association
Nominal Scale Pearson Chi-Square:
χ2
4
Chi square
• If the data consists of frequencies, in other words, it covers the

number of individuals in each category.
• The variables are measured on a nominal scale.
• Pearson Chi-Square is the test statistic for frequency data.
• The magnitude of Pearson Chi-Square reflects the amount of
discrepancy between observed frequencies and expected
frequencies.
Steps
5
Compare
computed test
Calculate the statistic against
test statistic a tabled/critical
Calculate the value
test statistic
Formulate the
statistical
Determine the hypothesis
appropriate test
6
Determine Appropriate Test
• Chi Square is used when both variables are measured on a
nominal scale.
• It can be applied to interval or ratio data that have been
categorized into a small number of groups.
• It assumes that the observations are randomly sampled from the
population.
• All observations are independent (an individual can appear only
once in a table and there are no overlapping categories).
• It does not make any assumptions about the shape of the
distribution nor about the homogeneity of variances.
7
Related Hypothesis
Whether there is an Association or Not

•Ho : The two variables are independent
•Ha : The two variables are associated
8 Test Statistics
• based on the differences in observed frequencies in each cell

of a contingency table with expected frequencies.
• The expected frequencies represent the number of cases that
would be found in each cell if the null hypothesis were true
• (i.e. the nominal variables are unrelated).
• Expected frequency of two unrelated events is product of the
row and column frequency divided by number of cases.
F e= F r F c / N
9
Test Statistics
 ( Fo  Fe ) 
2
  
2

 Fe 
4. Calculating Test Statistics
10
 ( Fo  Fe )  2
  
2

 Fe 
11 Determine Degrees of
Freedom
DF = (R-1)(C-1)
12 Compare computed test statistic against a
tabled/critical value
• The computed value of the Pearson Chi- square statistic is

compared with the critical value to determine if the
computed value is improbable
• The critical tabled values are based on sampling
distributions of the Pearson chi-square statistic
• If calculated 2 is greater than 2 table value, reject Ho
13
Example
• Suppose a researcher is interested in voting preferences on
farm bill issues.
• A questionnaire was developed and sent to a random sample
of 120 voters.
• The researcher also collects information about the political
party membership of the sample of 120 respondents.
14
Contingency Table
Favor Neutral Oppose f row
Congress 20 20 30 70
NDA 20 20 10 50
f column 40 40 40 n = 120
15
Bivariate Frequency Table or Contingency Table
NDA 20 20 10 50
f column 40 40 40 n = 120
Row frequency
16
NDA 20 20 10 50
f column 40 40 40 n = 120
17
NDA 20 20 10 50
f column 40 40 40 n = 120
Column frequency
18
Determine Appropriate Test
1. Party Membership ( 2 levels) and Nominal
2. Voting Preference ( 3 levels) and Nominal
19
Establish Level of
Significance
Alpha of .05
20
Determine The Hypothesis
•Ho : There is no difference between Congress & NDA in
their opinion on farm bill issue.
•Ha : There is an association between responses to the

farm bill survey and the party membership in the
population.
21
Calculating Test Statistics
Congress fo =20 fo =20 fo =30 70

fe =23.33 fe =23.33 fe=23.33
NDA fo =20 fo =20 fo =10 50

fe =16.66 fe =16.66 fe =16.66
f column 40 40 40 n = 120
22
Calculating Test Statistics

= 70*40/120
fe =23.33 fe =23.33 fe=23.33
NDA fo =20 fo =20 fo =10 50
fe =16.66 fe =16.66 fe =16.66
f column 40 40 40 n = 120
23
4. Calculating Test Statistics

fe =23.33 fe =23.33 fe=23.33
NDA fo =20 f=o 50*
=2040/120 fo =10 50
fe =16.66 fe =16.66 fe =16.66
f column 40 40 40 n = 120
24
Test Statistics
χ2= (20-23.33)2/23.33+ (20-23.33)2/23.33+ (30-23.33)2/23.33 +
(20-16.66)2/16.66+ (20-16.66)2/16.66+ (10-16.66)2/16.66
χ2 =0.475+0 .475 +1.906+ 0.669+0.669+ 2.66

χ2 =6.854
25
Determine Degrees of
Freedom
DF = (R-1)(C-1) =
(2-1)(3-1) = 2
26 Compare computed test statistic against a
tabled/critical value
• α = 0.05
• df = 2
• Critical tabled value = 5.991
• Test statistic, 6.854 exceeds critical value
• Null hypothesis is rejected
• Congress & NDA differ significantly in their opinions on
farm bill issues.
27
Phi Coefficient
• Pearson Chi-Square provides information about the existence of

relationship between 2 nominal variables, but not about the magnitude of
the relationship
• Phi coefficient is the measure of the strength of the association.
 2

N
Cramer’s V
28
• When the table is larger than 2 by 2, a different index must be used
to measure the strength of the relationship between the variables.
One such index is Cramer’s V.
• If Cramer’s V is large, it means that there is a tendency for particular
categories of the first variable to be associated with particular
categories of the second variable.
 2
V
N (k  1)
29
Phi-Coefficient and Cramer V
• Values close to 0 indicate a weak association between the
variables and values close to 1 indicate a strong
association between the variables.
Cramer’s V
30
• When the table is larger than 2 by 2, then we use Cramer’s V.
• If Cramer’s V is large, it means that there is a tendency for particular
categories of the first variable to be associated with particular
categories of the second variable.
 2
V
N (k  1)
Number of Smallest of number
cases of rows or columns
• Non-parametric tests are also known as distribution free tests.
• They don't assume anything about the underlying distribution. They
don’t assume that the data comes from a normal distribution.
• Parametric tests make assumptions about a population’s parameters
regarding the mean or standard deviation.
• When the population data does not have a normal distribution, non-
parametric test will be applied.
Parametric Tests
 The population mean (μ), standard deviation (s) and proportion
(p) are known as the parameters of a distribution.
 Tests of hypotheses concerning the mean and proportion are based

on the assumption that the population(s) from where the sample is
drawn is normally distributed.
 Tests based on the above parameters are called parametric tests.

 There are situations where the population under study is not
normally distributed. The data collected from the population is
extremely skewed.
 Parametric tests may not be applied as they are not valid.
 Non-Parametric tests tests could also be used for the small sample
sizes where the normality assumption does not hold true.
When to use Non-Parametric Tests?
 Non Parametric Tests can be applied the population under study is not
normally distributed. Rigid assumptions about normal distribution may not
be needed.
 Sometimes a numeric observation is difficult to obtain, however a rank
value can be computed.
 Non Parametric Tests can be applied to small data.
 Non-parametric tests can often be applied to the nominal and ordinal data
that lack exact or comparable numerical values.
 Non-parametric tests involve very simple computations compared to the
corresponding parametric tests.
Disadvantages of Non-Parametric Tests
• Non parametric Tests do have their disadvantages. These are:
• Less powerful than parametric tests.
• More labor-intensive to calculate by hand. However now possible with
some software.
• Critical value tables for many tests aren’t included in many computer
software packages.
• This is compared to tables for parametric tests (like the z-table or t-table)
which usually are included.
S No Parametric Tests Non Parametric Tests
1 One sample z or t-statistics One sample sign Test
2 Two independent samples t or Two Independent samples Mann
z test Whitney U Statistics
3 Two paired samples t or z test Paired samples Sign Test
Wilcoxon matched pair Rank test
4 No test of Randomness Randomness: Runs Test

5 Several Independent samples Several Independent samples
F-test ANOVA Kruskal Wallis test
• Non-parametric Tests are those statistical
methods that do not concern themselves with
population distributions and/or parameters.
The Runs Test
• The Runs Test is a statistical procedure used to determine

whether the pattern of occurrences of two types of
observations is determined by a random process.
• A run is a succession of occurrences of a certain type
preceded and followed by occurrences of the alternate type
or by no occurrences at all.
Runs test
• The runs test can be used to decide if a data set is from a random
process.
• A runs test, also known as the Wald–Wolfowitz runs test, was
developed by mathematicians Abraham Wald and Jacob
Wolfowitz.
• A run is defined as a series of increasing values or a series of
decreasing values. The number of increasing, or decreasing, values
is the length of the run.
Steps
• The first step in the runs test is to count the number of runs in the data sequence.
• There are several ways to define runs in the literature, however, in all cases the
formulation must produce a dichotomous sequence of values.
• If sample is small less than 20, Runs table is consulted t check randomness.
• For a large sample the test statistic is given by:
• Where r= no of runs.
• µr=mean for r
• σr= standard deviation of r
The Runs Test
Sequence Number Code Sequence Number Code

1 0.34561 - 11 0.67201 +
2 0.42789 - 12 0.23790 -
3 0.36925 - 13 0.24509 -
4 0.89563 + 14 0.01467 -
5 0.25679 - 15 0.78345 +
6 0.92001 + 16 0.69112 +
7 0.58345 + 17 0.46023 -
8 0.23114 - 18 0.38633 -
9 0.12672 - 19 0.60914 +
10 0.88569 + 20 0.95234 +
The Runs Test (Small Sample Example)
H0: Computer-generated numbers are random between 0.0 and 1.0.

HA: Computer-generated numbers are not random .
--- + - ++ -- ++ --- ++ -- ++
Runs: 1 2 3 4 5 6 7 8 9 10
There are r = 10 runs
From runs table with n1 = 9 and n2 = 11,
the critical value of r is 6
The Runs Test
(Small Sample Example)
Test Statistic:
r = 10 runs
Critical Values from Runs Table:
Possible
Runs: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Reject H0 Do not reject H0 Reject H0
Since r = 10, we do not reject the null hypothesis.
Decision:
HA: Computer-generated numbers are not random .
Large Sample Runs Test
OOOUOOUOUUOOUUOOOOUUOUUOOO
UUUOOOOUUOOUUUOUUOOUUUUU
OOOUOUUOOOUOOOOUUUOUUOOOU
OOUUOUOOUUUOUUOOOOUUUOOO
n1 = …“O’s” n2 = …“U’s”
r = … runs
Hypotheses:
•H0 : The pattern of sequence is random.

•H1 : The pattern of sequence is not random.
•For a large sample the test statistic is given by:
OOOUOOUOUUOOUUOOOOUUOUUOOO
UUUOOOOUUOOUUUOUUOOUUUUU
OOOUOUUOOOUOOOOUUUOUUOOOU
OOUUOUOOUUUOUUOOOOUUUOOOO
n1 = 53 “O’s” n2 = 47 “U’s”
r = 45 runs
• MEAN AND STANDARD DEVIATION FOR r
2n1n2
r  1
n1  n2
(2n1n2 )( 2n1n2  n1  n2 )
r 
• where:
(n1  n2 ) 2 (n1  n2  1)
• n1 = Number of occurrences of first type
• n2 = Number of occurrences of second type
• TEST STATISTIC FOR LARGE SAMPLE RUNS TEST
r  r
z
r
H0 : The pattern of sequence is random.
H1 : The pattern of sequence is not random.
Rejection Region Rejection Region
z.025  1.96 0 z.025  1.96
r  r 45  50.82
z   1.174
r 4.95659
Since z= -1.174 > -1.96 and < 1.96, we do not reject H0,
S No Scores
1 39 25 43 Assuming significance of 5 percent determine whether
26 44
2 64
27 45 sample of student scores is random
3 65
4 66 28 46
5 67 29 47
6 68 30 85
7 70 31 89
8 34 32 48
33 49 49 53
9 35
34 50 50 52
10 37
35 51 51 33
11 33
36 54 52 58
12 38
37 90 53 92
13 71
54 91
14 76 38 94
55 81
15 77 39 95
56 72
16 74 40 48
17 75 41 49
18 78 42 50
19 80 43 51
20 82 44 54
21 86 45 55
22 82 46 92
23 88 47 56
24 42 48 57
S No Scores RUNS
1 39 B 1 25 43 B 5 49 53 B 11
2 64 A 2 26 44 B 5 50 52 B 11
3 65 A 2 27 45 B 5 51 33 B 11
4 66 A 2 28 46 B 5 52 58 B 11
5 67 A 2 29 47 B 5 53 92 A 12
6 68 A 2 30 85 A 6 54 91 A 12
7 70 A 2 31 89 A 6 55 81 A 12
8 34 B 3 32 48 B 7 56 72 A 12
9 35 B 3 33 49 B 7 57.5 RUNS=12
34 50 B 7
10 37 B 3
35 51 B 7 Xbar 62.52
11 33 B 3
36 54 B 7 SD
12 38 B 3
37 90 A 8 18.74
13 71 A 4
38 94 A 8
14 76 A 4 39 95 A 8
15 77 A 4 40 48 B 9
16 74 A 4 41 49 B 9
17 75 A 4 42 50 B 9
18 78 A 4 43 51 B 9
19 80 A 4 44 54 B 9
20 82 A 4 45 55 B 9
21 86 A 4 46 92 A 10
22 82 A 4 47 56 B 11
23 88 A 4 48 57 B 11
24 42 B 5
Assuming significance of 5 percent determine whether sample of student scores is random.

r  r
z 
r
Z=(12- 62.52)/18.74 H0 : The pattern of sequence is random
H1 : The pattern of sequence is not random
Z= -2.69
As the absolute computed value of z= -2.69 is greater

than absolute critical value of z 1.96, sample of student
scores are random is rejected
Problem?
• The data below is lifetime of batteries in hours produced by Zida company in
particular order.
• 270 280 248 260 220 285 270 266 269 266 272 225 228 290 284 282 276 269 250 249 262
273 277 258 264 269 276 278 249 286 282 264 201 215 222 238 212 242 236 247 249 248
256 271 282 305 217 303 305 309 320 262 244 262 267
• Assuming significance of 5 percent determine whether sample lifetime of batteries is
random.
• H0:Lifetime of Batteries is random
• H1:Lifetime of Batteries is not random
Report Writing
Report Writing
Report Writing
• Reports are written to:
• Presents facts about a situation, project, or process
• Reports define and analyze the issue at hand.
• Reports present observations to a specific audience in a clear and
concise style.
Report Writing
Reports can be
• academic
• technical
• business
Different Types of Reports
• Academic Writing: The first thing to note is that academic

writing is extremely formal.
• Business Writing: Business writing will also take on a formal tone.
• Technical Writing: Technical reports focus on how to do
something.
Preparation and Planning
• The Report should be written and tailored to the readers' needs

and expectations.
• Who are the readers?
• What is the purpose of the report?
• Why is this report needed?
• What information should be included in the report?
Preparation and Planning
• Prepare to collect supporting information, then sort and
evaluate that information.
• The next step is to organize your information and begin putting
it together in an outline.
• With proper planning, it will be easier to write your report and
stay organized.
Contents
The main sections of a standard report are as follows.
• Title.
• Summary. ...
• Introduction. ...
• Body. ...
• Discussion. ...
• Conclusion. ...
• Recommendations. ...
• Appendices.
BUSINESS INCUBATION IN AGRI-BUSINESS: A STRATEGIC MODEL
8
FOR CRITICAL SUCCESS FACTORS
For the Degree of Doctor of Philosophy
Submitted by
Author Name
(Roll No.951110002)
Under the Guidance of
Supervisor 1 Supervisor 1
Professor and Former Head Professor and Former Head
School of Humanities and Social Science Department of Biotechnology
Professor Incharge, Alumni Relations Former Executive Director, STEP
SCHOOL OF HUMANITIES AND SOCIAL SCIENCES

THAPR INSTITUTE OF ENGINEERING AND TECHNOLOGY
(Deemed to be University)
PATIALA -147004
April 2019
Title Page
• The title of the report should be brief.
• The authors' names
• Name of department and university
• Date of submission.
• The title of the report should indicate exactly what the report is
about.
Summary
• The summary consists of the major points, conclusions, and

recommendations.
• It needs to be precise.
• It would be best to write this when the report is finished so
you will include everything, even points that might be
added at the last minute.
Introduction
• The first page of the report needs to have an introduction.

• Explain the problem and inform the reader why the report is
being made.
• Definition the terms .
Body OF THE REPORT
• This is the main section of the report.

• This section can include technical terms.
• There should be several sections and sub sections, each clearly
labeled.
• Information in a report is usually arranged in order of importance.
• Alternatively, you might choose to order your points by complexity
or time.
Body OF THE REPORT
• Presents the information from your research, both real world and
theoretical.
• Depicts and conveys the design.
• Information must be arranged logically under appropriate headings
• It conveys information in the most effective way for communication
by means of:
• figures and tables
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body to report your findings and their
significance.
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• Keep this section free of jargon as many
people will just read the summary and
conclusion.
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taken.
• In plain English, explain your recommendations, putting
them in order of priority.
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• Each appendix must be labelled with a number (or letter) and title.
• the appendix numbers and titles must be listed on the Contents page
under the heading Appendices or Appendix.
• Each appendix must be referred to by number (or letter) at the
relevant point in the text.
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Arial or Times New Roman is best for reports. Section headings can
be a different font from the main text if you prefer.
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to-understand points. Lists can either be numbered or bulleted.
Report Presentation
• Headings and Subheadings:
• These will help keep the report organized and can be listed
in the table of contents so they can be found quickly.
Topics for report Writing
• AI & Stock Market Prediction • Advances in Automobiles
• Block Chain Technology • Implications of TESLA’s Open Source
Patents Pledge.
• Sustainability in workplace.
Cryptography & Law • Cyber security
• Ethics of Technology in Education. • COVID 19 Impact on Education
• Business Sustainability • COVID 19 and Recessionary trends in
India
• The Customer's Guide to Ethical Search
Engine Optimization • Best Engineering Branch
• Employee training and professional • SDGs and Quality Education
development • Blended learning
• Discrimination in Workplace
• Innovation: Physical-Technology
• Startups : Critical Factors for Success • Smart Cities
Topics for report Writing
• Good Health and Well being
• Sustainable Cities and Communities
• Industry, Innovation and Infrastructure
• Cultural diversity
• Fighting the slump
• Shared responsibility
• ICT in E-Health: Scope and Challenges
• Collaborative ICT-supported Learning for Sustainable Development
• Do Patents encourage innovation in technological development ?
RESEARCH RESEARCH VARIABLES TO BE INFORMATION POPULATION TO
QUESTION OBJECTIVES STUDIED BE STUDIED
What is the • To examine the • Employee • Total turnover Faculty
need to study causes of leaving Turnover
the increased the organization. • Causes of Adminstrative
employee • Balanced turnover Leaders
turnover in • To examine the Score Card • Training
Education effect of turnover (BSC) for Strategies
Sector in India? on organizational Organizational
performance. Performance • Organizational
Performance
• To design new
training strategies • Training
to retain strategies
employees.
Research Questions
Where do the majority of Entrepreneurs in India come from?
What are the similarities and differences in the attitude of
Entrepreneurs from Gujarat, Maharashtra and Rajasthan?
The first question is too broad and straightforward.
The second is a comparative question that requires specific

data collection and detailed analysis with discussion.
PROFESSIONAL ETHICS
Ravi Kiran and Prashant Mehta
The importance of ethics was not lost on Theodore Roosevelt who had famously declared “To
educate a person in mind and not in morals is to educate a menace to society.” However if you go
through the plethora of literature emanating from the west (Goodpastor, Donaldson, Valesquez and
Boatright) as well as from the east (Chakraborty, Sadri, Sharma, Jayashree) one is forced to sit back
and reflect on the basic difference between values, morals and ethics? They all provide behavioral
rules, after all. It may seem like splitting hairs, but the differences can be quite important when it
comes to persuading others. And understanding this difference is what this paper begins with,
especially since that would define the position of the present authors.
Values are the rules by which we make decisions about right and wrong, should and should not, good
and bad. They also tell us which are more or less important, which is useful when we have to trade
off meeting one value over another. We could then define values as the beliefs of a person or social
group in which they have an emotional investment (either for or against something).
Morals have a greater social element to values and tend to have a very broad acceptance. Morals are
far more about good and bad than other values. We thus judge others more strongly on morals than
values. A person can be described as immoral, yet there is no word for them not following values. We
could define morals as a motivation based on ideas of right and wrong.
We can have professional ethics, but we seldom hear about professional morals. Ethics tend to be
codified into a formal system or set of rules which are explicitly adopted by a group of people. Thus
we have medical ethics and legal ethics. Ethics are thus internally defined and adopted, whilst morals
tend to be externally imposed on other people. If we accuse someone of being unethical, it is
equivalent of calling them unprofessional and may well be taken as a significant insult and perceived
more personally than if you called them immoral (which of course they may also not like). Following
the work of Dhun Dastoor at NITIE (1995) we could argue that ethics symbolizes a theory or a
system of moral values. Alternatively ethics stand for the rules or standards governing the conduct of
a person or the members of a profession.
Ethics of principled conviction asserts that intent is the most important factor. If you have good
principles, then you will act ethically. Ethics of responsibility challenges this, saying that you must
understand the consequences of your decisions and actions and answer to these, not just your high-
minded principles. The medical maxim 'do no harm', for example, is based in the outcome-oriented
ethics of responsibility.
For a manger engaged in decision making it is important to understand the differences between the
values, morals and ethics of the other person. If there is conflict between these, the manager could
conclude then they probably have it hidden from themselves and you may carefully use these as a
lever. However when it comes to decision execution the manager must beware of transgressing the
other person's morals, as this is particularly how they will judge the manager. Talking about
professional ethics puts the manager on a high moral platform and encourages the other person to
either join the manager you or look up to the manager.
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Alternatively in today's competitive environment, there is a sea change in the way business is run and
conducted. In such changing scenario there is a need to pay eminent importance to professional
values and ethics to build a stronger relation between employer and employee to enhance productivity
performance, and profitability. The organizational structure of any business incorporates professional
value, work ethics, and career success into their strategic goals and objectives.
Ethics evaluate the relationships, rules, principles or codes that require or forbid certain conduct.
Modern western ethicists consider the roots of their field to the famous questions posed by Socrates
and the Greek philosophers 2,500 years ago: “What is good life? How ought we, as moral beings
behave?” Universalists, such as Plato and Kant assert that the fundamental principles of ethics are
universal, unchanging and eternal. These rules of right and wrong are valid regardless of our interests,
desires or preferences. Some believe that these rules are revealed by God and others maintain that
they can be discovered through reasons and knowledge. Relativists such as Plato’s opponents, the
Sophists claim that moral principles are always relative to a particular person, society or situation. In
their view ethical values always are contextual.
Nihilists, such as Schopenhauer, on the other hand claim that the world makes no sense at all. Every-
thing is arbitrary and there is no meaning or purpose in life other than the dark, instinctive, unceasing
struggle of existence. According to this view, there is no reason to believe morally. Only power,
strength and sheer survival matter. There is no such thing as a “good life”; we live in a world of
uncertainty, pain and despair.
Utilitarians hold that an action is right that produces the greatest good for the greatest number of
people. This philosophy is usually associated with the English philosopher. Jeremy Bentham (1748-
1832); but very similar was suggested by Plato, Socrates, Aristotle and others. Bentham was an
eccentric genius and a hedonist who equated goodness with happiness and happiness with pleasure.
Thus the good life is one of maximum pleasure.
Much of the modern; western worldview is based on theories about reason and progress of
seventeenth century Enlightenment philosophers and scientists such as Descartes, Francis Bacon and
Isaac Newton. These positivists hoped to develop universal laws of morality through objective science
that allows control of nature as well as understanding of the world and of ourselves. The inevitable
outcome, they believe would be moral progress, universal justice and ultimately, the happiness of all
human beings.
The experiences of the twentieth century, especially the horrors of world wars, have led to a kind of
cultural despair among many philosophers who see the quest for individual liberty, self-realisation
and experience leading to hedonism, narcissism and social disintegration. Post structuralists and post
modernists such as Derrida, Michael Focault, Jean-Francois Lyotard claim there is no grand narrative
of history and no universal philosophy.
For many philosophers, only humans are moral agents, being capable of acting morally or immorally
and who can-and should-accept responsibility for their acts. No one can ethically treat another human
as a mere object for their own pleasure, gratification or profit. This gradually widening definition
which is ethically significant is called moral extensionism. For many philosophers moral
extensionism does not encompass nonhumans. For them, reason and consciousness – or at least a
potential thereof are essential for moral consider-ability in this view. Some philosophers consider
ethics in terms of values rather than rights. All humans have inherent value simply because they are
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human and tools have instrumental value. Some people believe that even non-living things also have
inherent worth. Rocks, mountains, landscapes and certainly the earth itself have value. Aristotle
(Politics, Bk 1, Ch.8) maintains that ‘nature has made all things specifically for the sake of man’ and
that the value of non human things in nature is merely instrumental. The Bible says (Genesis 1:28)
“Be fruitful and multiply and replenish the earth and subdue it: and have dominion over the fish of the
sea, and over the fowl of the air and over every living thing that moveth upon the earth”
Value and ethics constitutes as an important reason for employers to compete in today's demanding
market and workforce. Usually, employers can improve or control the outcome of productivity and
performance by aligning it with the organizations philosophies regarding ethics and values. According
to Mondy (2008) Ethics refers to the discipline dealing with what is good and bad, or right and wrong,
or with moral duty or obligation. Values refer to a set principle, standard, or quality considered
important or fair, and or admirable qualities (Haley-James, 1997). Values are the fundamental beliefs
that an individual or group holds to be true. Every person has a value set which impacts the lenses
through which they view the world. People often turn to their value system when making
decisions. These values are the guiding principles in a person’s life. Societies also have a value
system which guides the direction of its people and the laws which they intact.
Ethics are the more formalized rules or guidelines of an organization or society. Ethics is generally
referred to as the moral code of a person or group. This code is based on the values that are
considered to be important. Therefore, it can be argued that ethics is the development of a system that
serves to protect a person or groups core values. Ethics revolves around three central concepts: “self”,
“good” and “other”. Ethical behaviour results when one does not merely consider what is good for
oneself, but also considers what is good for others. It is imperative that each of these three central
concepts be included in a definition of ethics (Rossouw: 2006:3) (Lindsey & Prentice:1985:4).
Is there a universal, perennial definition of “ethics”? The approach may be subjective, and ethics lose
their meaning as everyone defines ethics to suit one’s convenience. Ethics often represents a standard
that exceeds the legal minimum. There may be an overlap of ethics, legal and economic
responsibility. Ethics can be defined broadly as a set of moral principles or values.Each of us has such
a set of values. We may or may not have considered them explicitly. Professional ethics can help in
understanding where to draw the line.
“…I want employees to ask themselves (when they are in doubt about whether a particular conduct is
ethical or not) whether they are willing to have any contemplated act appear the next day on the front
page of their local paper – to be read by their spouses, children and friends – with the reporting done
by an informed and critical reporter.” Warren Buffet. [Berkshire Hathaway’s code of ethics]
One of the most commonly quoted example of contradicting demands of different professions or roles
in business is swapping of decision that took place prior to launch of space craft Challenger in the
year 1986.
Roger Boisjoly, fearing that O Rings manufactured by his company may not hold during the launch of
Challenger in the cold weather of January, opposed the launching. While wearing his engineering hat
Bob Lund, Vice president of Engineering at Morton supported Boisjoly’s observations. However,
when prompted by Jerry Mason to “take off his engineering hat and put on his management hat” he
recommended the launch. The O Rings failed and on January the space craft Challenger exploded 73
minutes into the flight, killing the seven astronauts abroad. Rogers Commission constituted to identify
the causes leading to the accident, besides other things, concluded “the decision to launch the
Challenger was flawed.” Communication failures, incomplete and misleading information, and poor
3
management judgments all figured in a decision-making process that permitted, in the words of the
Commission, “internal flight safety problems to bypass key Shuttle managers.” As a result, if those
making the launch decision “had known all the facts, it is highly unlikely that they would have
decided to launch.” Clearly, people were not behaving the way they were expected to behave – in a
professional manner.
In order to have a better understanding of professional obligation, it is first imperative to understand

what profession is and who can be called a professional.
Profession and Professionals:
There appears to be a common understanding among sociologists, historians, and philosophers that
professionals are people who act on behalf of fellow human beings. It is reasonable to believe that
normal, adult and mature human beings will not trust strangers with their health, funds or freedom.
There has to be something with these professionals that warrants trust in them. Broadly speaking
professionals can be thought to be trustworthy either, because they are experts in their chosen field,
and they have a disposition to apply this expertise responsibly.
The first item calls for professional competence and second calls for professional ethics. There is a
third dimension to professionals – professionals have become such by professing. Professing is
understood as public avowal to perfect one’s life, through training which is intellectual in nature,
involving knowledge and to some extent learning, as distinguished from mere acquisition of skills.
In a passage “quoted so frequently that it has taken on the dimensions of a classic”, Brandies
characterizes a profession as:
an occupation for which the necessary preliminary training is intellectual in character, involving
knowledge and to some extent learning, as distinguished from mere skill; which is pursued largely for
others, and not merely for one’s own self; and in which financial return is not the acceptable measure
of success.
Brandies insists upon a close relationship between professionalism and commitment to serve others’
good. This insistence is appropriate because the existence of such a commitment is central to trust.
This invariably means that a professional while discharging his duties/responsibilities should not do
anything which breaches the trust of the stakeholders and spoils the goodwill of the professional.
Evidence of goodwill towards the stake holders become difficult, if the profession is pursuing an aim
which is intrinsically incompatible with promoting welfare of the stake holders. When, these so called
conflict of interest are present, trusting the professional becomes inherently problematic, irrespective
whether the professional is an expert with preliminary intellectual training. This suggest although the
professional is competent, his behaviour is not ethical. This definition conflicts with the definition of
Sadri and Jayashree for whom a professional is a person who promises to deliver and delivers as
promised without giving up his or her basic values.
If the purpose of the profession is to enable us (as stake holders) to expect a certain kind of conduct
from its members, then professionals should live up to those expectations. This is what is known as
professional obligation. It is obligation to fulfil the expectations the profession has created and on
which the public relies. So, the only ethical question that arises in professional ethics is whether one
should fulfil obligations, whatever they might turn out to be.
4
Since, these professionals are the decision makers in the industry or business, it is of paramount
importance that they understand their professional obligations and act accordingly. However, all too
often businesses are seen to act in their self interest, overriding accepted and acceptable moral
standards. In the process, they bring about serious consequences to a large number of people in no
way involved in their decisions. In the shorter run, economic considerations may compel the
professionals to overlook the risks associated with an act which provides immediate benefits. In a
hyper competitive market an organization may tend to avoid installing pollution control equipment, as
it may jack up the cost of production and thus making it vulnerable to competition.
Now the question is why be ethical?
The code of ethics is very important because it gives us boundaries that we have to stay within in our
professional careers. A code of ethics provides a guide for dealing with ethical situations which arise
in the course of the job. A code of ethics also ensures quality in treatment of members of the
profession and those the profession serves.
Even, if we consider profit maximization to be the sole aim of the organization, being ethical makes a
lot of sense. We need to keep one thing in mind that professional decisions have long term
implications and affect wide spectrum of the population. Business today is seamlessly connected over
different continents and effect of decisions is cascading – whether positive or negative. Considering
this let us examine the advantages of running the business ethically.
 Generates Trust
Relationships based on trust invariably have the tendency to flourish, are inherently strong and long
lasting. These have important implications in the business on account of their direct bearing on the
cost. Companies entering into joint venture on the basis of trust are less likely to draw up elaborate
contracts involving large costs in terms of fees to the lawyers and time of the management, thereby
reducing on transaction costs.
Trust applies within the organizations as well. A leader who is not trust worthy is neither respected
nor followed. A leader should be seen as trustful only tehn he will be able to generate commitment
among his followers. An unethical leader is viewed with suspicion and ignored. A single unethical act
of a leader or top management is sufficient to break the trust and commitment of the followers.
 Increases Credibility
Credibility like trust is an important trait of a leader/manager. Credibility refers to congruousness in
speech and action, words and actions match his thoughts, he means what he says. A credible leader is
able to generate commitment and enthusiasm in his followers. Same applies to organization’s dealings
with its customers, suppliers and other stake holders.
Trust and credibility are closely related. Trust however is more encompassing, people stop being
logical with the person whom they trust. They assume as a leader he will do best for them in any
given situation.
 Improves Relationships with outside stake holders

An organization doesn’t operate in vacuum. It draws resources from the community/society and
supplies products/services in return to the people. Since, an organization is in dynamic contact with its
environment and community, it has a moral obligation to be in harmony with them. A valid case in
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point is that of Coca Cola plant in Plachimada Kerala. The locals of the village complained that
bottling plant of Coca-Cola established in the vicinity of village was depleting the ground water.
Although, the company denied these allegations and put forward its arguments that effluents released
by the plants were being offered as free fertilizers to local farmers, didn’t cut much ice. In fact an
investigation by BBC found that effluents were actually toxic. On March 8, 2004, the Kerala
Government ordered the closure of plant till June 15, 2004. However, the plant has not become
operational as yet.
Clearly, Coca-Cola because of reasons best known to them did not open a meaningful dialogue with
the local community and instead thought of its legal rights. Irrespective whether the actions of the
companies are illegal or unethical, the fact remains they need the support of the local community. A
company which is functioning with a hostile community around it is ultimately waging a losing battle.
 Enhances the brand image and brand equity of the company

A company which is perceived to be ethical by its customers enjoys a fairly high degree of respect
and brand equity. Also, it is easier for an ethical company to negotiate and sign contracts, thereby
minimizing the cost in terms of top management’s time save. Besides this an ethical organization has
a lesser probability of losing customers. Infosys with more than 1,45,000 employees on its roles
generates more than 97.4% of its revenue from existing customers. This indeed speaks of the
importance of conducting business in an ethical manner. Less effort, time and cost in acquiring new
customers.
Ethics take on entirely new dimensions and importance in case of service organizations, particularly
when we talk about services which have direct impact on human lives and careers like health,
education, police, fire and defence. However, lately it has been reported that professionals in these
areas resorting to practices which in no way can be termed as ethical. Their actions are purely dictated
by commercial considerations, with scant respect for morality and human life.
Transplantation of Human Organs (THO) Act passed in 1194 was enacted to “provide for the
regulation of removal, storage and transplantation of human organs for therapeutic purposes and for
the prevention of commercial dealings in human organs”. The clause (Sub clause (3), clause 9 of
Chapter II) in the act that gives for the room of unrelated activity reads as “if any human authorizes
the removal of any of his human organs before his death under sub section 1 of the section 3 for
transplantation into the body of such recipient, not being a near relative as is specified by the donor,
by reason of affection or attachment towards the recipient or for any other special reasons, such
human organ shall not be removed and transplanted without the prior approval of the authorization
committee”. This clause of THO Act has often been misused and misinterpreted by one and all over
the years, since the act was passed.
In 2008 police arrested five persons including a doctor and middlemen for their alleged role in illegal
kidney transplants. Kidneys from young men were removed without their permission and sold to
wealthy patients. The victims were all poor labourers from the villages near Delhi. They were lured to
the private clinic with the job offers but told that instead they were wanted for their kidneys, for which
they would be paid a fee. Those that refused apparently were held against their will before being
drugged and operated upon. 150 survivors of the 2004 Indian Ocean tsunami, mainly women around
the southern coastal city of Chennai, in Tamil Nadu, sold their organs for 50,000 rupees.
6
Driving the trade are desperate, wealthy patients and a series of shadowy "intermediaries" and
surgeons out to profit from the illegal business. In the year 2003 the BBC found that Indian women
were selling their organs to people in Singapore. The donors received £400 for their organs while the
middle men pocketed £20,000. No one knows exactly how big the business of organ selling is. Non-
governmental organisations estimate that 2,000 sales of kidneys alone are taking place in India every
year. Medical ethics is a system of moral principles that apply values and judgments to the practice
of medicine. Essential element of this is professional competence, good relationship with their patient
and colleagues and observance of professional ethical obligation.
Like all other professions, the teaching profession should also move towards self-regulation, which
implies that every teacher should have the inner urge to adhere to the ethical principles listed in the
Code of Professional Ethics for teachers. A suitable mechanism needs to be evolved to ensure that all
members of the profession follow the ethical principles enshrined in the Code. The code of ethics
instils professionalism. The Code of Professional Ethics for teachers provides a framework of
principles to guide them in discharging their obligations towards students, parents, colleagues and
community. Increased awareness of the ethical principles governing the teaching profession is
essential to ensure ‘professionalism’ among teachers. Teachers’ ethical code has to involve all
stakeholders viz. students, parents, society, colleagues, management etc. Some examples follow:
 The Draft Code of Professional Ethics for School Teachers, India maintains: Duly licensed
professionals who possess dignity and reputation with high moral values as well as technical
and professional competence. In the practice of their noble profession, they strictly adhere to
observe, and practice this set of ethical and moral principles, standard and values. (Preamble,
Code of Ethics for Professional Teachers, Philippines)
 “A teacher shall place premium upon self-respect and self-discipline as the principle of
personal behavior in all relationships with others and in all situations.”(Code of Ethics, Article
XI, Section 2, Philippines)
 “Every teacher shall merit reasonable social recognition for which purpose he shall behave
with honor and dignity at all times and refrain from such activities as gambling, smoking,
drunkenness and other excesses.” (Code of Ethics, Article III, Section 3, Philippines)
 “A teacher shall maintain at all times a dignified personality which could serve as model
worthy of emulation by learners and others.” (Code of Ethics, Article XI, Section 3,
Philippines)
This is also a known fact that teachers employed in Government schools or colleges directly or
indirectly force the students to approach them for private tuitions. Instead of fulfilling their
responsibilities teachers indulge in such activities to malign the profession as a whole.
Engineering ethics is the field of applied ethics and system of moral principles that apply to the
practice of engineering. The field examines and sets the obligations by engineers to society, to their
clients, and to the profession. It is closely related to subjects such as the philosophy of science,
the philosophy of engineering, and the ethics of technology.
Engineering profession demands that engineers shall hold paramount the safety, health and welfare of
the public and shall strive to comply with the principles of sustainable development in the
performance of their professional duties. Engineers shall perform services only in areas of their
competence. Engineers shall issue public statements only in an objective and truthful manner.
7
Engineers shall act in professional matters for each employer or client as faithful agents or trustees,
and shall avoid conflicts of interest.
Engineers shall build their professional reputation on the merit of their services and shall not compete
unfairly with others. Engineers shall act in such a manner as to uphold and enhance the honour,
integrity, and dignity of the engineering profession and shall act with zero-tolerance for bribery, fraud,
and corruption. Engineers shall continue their professional development throughout their careers, and
shall provide opportunities for the professional development of those engineers under their
supervision.
Three Ethical Models
There are various philosophical models and standards to ethics. The decision as to what constitutes
ethical or unethical behavior may vary, depending upon the model applied to the situation. The three
ethical models are:
i. Malpractice, or Minimalist, Model

ii. Reasonable-Care, or Due-Care, Model
iii. Good Works Model
Malpractice, or Minimalist, Model
The minimalist model of the Engineering professional is concerned only with meeting standards and
requirements of the profession and any other laws or codes that apply. This model looks to find fault
when problems or accidents arise from someone's failure to meet a requirement.
Reasonable-Care, or Due-Care, Model
This is the model of engineering practice in which the engineer is expected to take reasonable
precautions or care in the practice of his profession. The model strives to prevent harm and it appeals
to a "standard of reasonableness as seen by a normal, prudent nonprofessional."
Good Works Model
This is the model of engineering practice in which engineers go beyond the basics of what is required
by standards and codes and do what they "ought" to do to improve product safety, social health or
social well-being.
Corporations are here to stay and will be more and more accountable. They will be increasingly
scrutinized on ethical dimensions and not merely on the profits they make. They should no longer
focus on legal aspects of doing a business, rather they should be concerned about the ethical aspects.
But, on how to be fair and just in their dealings, how to judge right and wrong of an action, what
dimensions to be considered and how to take a holistic view of a problem. We often talk of Medical
Ethics to promote ethical reflection and conduct in scientific research and medical practice. We often
talk of Teacher Ethics as ethics lies at the core of the teaching profession. The establishment of an
agreed upon set of ethical principles by both the teaching profession and the public provides a
collective understanding and shared vision for the professional judgment and action of educators. We
also talk of Lawyers Ethics, Nursing Ethics, Engineers Ethics. In fact, every profession has its own
code of Ethics.
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According to Lin et. al. the purpose Moral orientation can affect ethical decision-making.. The
purpose of the study was to document the types of moral orientation exhibited by medical students,
and to study if their moral orientation was changed after preclinical education. Methods from 2007 to
2009, the Mojac scale was used to measure the moral orientation of Taiwan medical students. The
students included 271 first-year and 109 third-year students. They were rated as a communitarian,
dual, or libertarian group and followed for 2 years to monitor the changes in their Mojac scores. The
results highlight that in both first and third-year students, the dual group after 2 years of preclinical
medical education did not show any significant change. In the libertarian group, first and third-year
students showed a statistically significant increase from a score of 99.4 and 101.3 to 103.0 and 105.7,
respectively. In the communitarian group, first and third-year students showed a significant decline
from 122.8 and 126.1 to 116.0 and 121.5, respectively. Accordingly the researchers conclude that
during the preclinical medical education years, students with communitarian orientation and
libertarian orientation had changed in their moral orientation to become closer to dual orientation.
These findings provide valuable hints to medical educators regarding bioethics education and the
selection criteria of medical students for admission.
Commitment to professional ethics is at the core of what is the need of the day. Ethics facilitate an
acceptable level of principles, which apply to both employer and employee, which aims to sustain
various elements of the company's business practice and procedures while reducing or eliminating
certain deficiencies'. For example: some organization may have an ethics committee whose primary
purpose is to create awareness and facilitate balance, while reinforcing fairness, mutual respect, by
reducing or eliminating bias misconduct and so on. Meanwhile, values refer to a set principle,
standard, or quality considered important or fair, and or admirable qualities (Haley-James, 1997,
p.1490). Furthermore, these components coexist and connect with the overall effectiveness of the
company, which is direct reflection of the organizations integrity and organizational achievements.
Typically, a company's core objectives correlate to the fundamental principles, which instil the use of
value to demonstrate the most appropriate business practice. However, an organization values
describes how certain conduct and actions or addressed which consists of flexibility, sensitivity, and
understanding, which influence the company's productivity, performance, and profitability, which
maximize the overall effectiveness.
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HR Professional, Management and Labour Studies, Winter.
28. Sadri S and Jayashree S (2002): Managerial Ethics: an introspection, Indian Journal of
Training and Development, XXXII No 3
29. Shrader – Frechette, K. (1996) Individualism, Holism and Environmental Ethics, Ethics
and the Environment, Vol.1
30. Valasquez M G (1982): Business Ethics: Concepts and Cases, Toronto, Englewood
Cliffs, N. J., Prentice Hall Inc.
http://teachercodes.iiep.unesco.org/teachercodes/codes/Asia/Philippines.pdf
http://www.ncte-india.org/Approved%20by%20CP%20Final%20
20Code%20of%20Professional%20Ethics%204%20march%202011.pdf
http://teachercodes.iiep.unesco.org/teachercodes/guidelines/Guidelines.pdf
10
11
Kohlberg’s Moral Development Theory
Kohlberg’s Theory
• Lawrence Kohlberg was a professor
at Harvard University during the
early 1970s and was famous for his
works on developmental
psychology.
• He conducted many studies at
Harvard’s Center for Moral
Development and proposed a theory
on moral development, popularly
known as Kohlberg’s theory.
Three levels of Moral Reasoning
Level 3: Post-
Conventional
Level 2: Morality
Conventional
Level 1: Pre- Morality
Conventional
Morality
Level 1: Pre-Conventional Morality
Kids 4-10 years
Stage 2: Aiming for Reward
“instrumental purpose and
exchange.”
Stage 1: Avoid Punishment In this stage, children’s actions
“orientation toward are based on consideration for
punishment & obedience.” what others can do for them.
Children in this stage tend to
obey rules only to avoid
punishment.
Level 2: Conventional Morality
It is generally reached between ages 10 and 13, though some individuals
never move beyond this level.
Stage 4 Loyalty to law and order

“social concern and conscience.”
At this stage, individuals are
Stage 3: Good Boy or Good Girl
concerned with respecting
Morality
authority, maintaining social order,
“maintaining mutual relations, and doing their duty within society.
approval of others, and the golden
In this stage, an act is considered wrong
rule.”
if it harms others or violates a rule or
In this stage, children evaluate acts law.
according to the motives behind them
and can take circumstances into account.
Children in this stage want to help others,
can judge the intentions of others, and can
develop their own ideas regarding morality.
Level 3 – Post-Conventional Morality
The final level, Post-Conventional Morality, is reached in early adolescence or
young adulthood, though some individuals never reach this level.
Stage 6 : Universal Principles of

Ethics
Stage 5 : Justice and Spirit of Law “morality of universal ethical
principles.”
“morality of contract, of individual rights,
and of democratically accepted law.” In this stage, individuals do what
they think is right, even if it is in
In this stage, individuals value the will of conflict with the law. At this stage,
the majority and the well-being of society. people act according to their
Though individuals at this stage can recognize internalized standards of morality
that there are times when human need and the
law are conflicted, they believe that it is better if
people simply follow the law.
Kohlberg’s Theory of Moral Reasoning
Pre-Conventional Level Conventional Level Post- Conventional Level

Good Boy, good girl
Avoid Punishment attitude Justice and Spirit of Law
Loyalty to law and order Universal Principles of
Aiming for reward
Ethics
Heinz Dilemma
• A story of a middle-aged ordinary middle-class man, called Heinz is
considered as an example. Heinz is an ordinary man having a wife.
His wife suffers from a dreadful disease.
• Doctors believe that a special drug which was invented recently and is
available at the BIG pharma store, can only save his wife.
• When Heinz went to buy the drug, the drug-seller costed it around $2,000
dollars, while the actual manufacturing cost of the drug is $20 dollars.
Heinz borrowed the money from friends and lenders and could finally
collect only $1,000 dollars. Though Heinz pleaded a lot, the greedy drug-
seller refused to sell the drug at low cost.
Option…
1. Heinz should not 3.Heinz can steal

2. Heinz can steal
steal the drug the drug and no
the drug, but
because it is the law should punish
should be punished
disobedience of him
by the law
law.
This decision makes it
1. Heinz should not impossible for Heinz to save
steal the drug his wife.
because it is the His wife dies and the rich
disobedience of drug-seller becomes richer.
law. Though the law was obeyed,
no moral justice was done.
This is pre-conventional
level of moral thinking
Heinz can steal the drug, but
2. Heinz can steal should be punished by the
the drug, but law.
should be punished This decision helps Heinz
by the law save his wife, but Heinz will
be kept in prison. Though
Heinz took a moral decision,
he had to undergo the
punishment.
This is Conventional level of moral thinking

This decision lets Heinz save
3.Heinz can steal his wife and both of them can
the drug and no live happily.
law should punish This thinking is based on the
him thought that the rigidity in
law should be rejected and
justice should be done on
moral grounds.
This is a post-conventional level of moral thinking.

Criticism
• Carol Gilligan criticized the theory that it was based only on male
children.
• Carol claims that boys had justice perspective while females have care
and responsibility perspective when judging morality.
• The theory has male bias.
• Andro-centrism: Kohlberg's theory emphasizes justice to the
exclusion of other values.
• Kohlberg’s stories and scoring reflect a western emphasis on
individual rights, harm and justice that is not shared in many cultures.
Bibliography
• Kohlberg, L. (1984). The psychology of moral development, Vol. 2. Happer & Row.
• Blum, Lawrence A. (1988). Gilligan and Kohlberg: Implications for Moral Theory.
Ethics, Vol. 98, No. 3, pp. 472-491. The University of Chicago Press.
• Papalia, Diane E, Sally Wendkos Olds, and Ruth Duskin Feldman. "Physical and
Cognitive Development in Adolescence." Human Development. 11th ed. Boston:
McGraw, 2009. 352-87.
• https://in.video.search.yahoo.com/yhs/search?fr=yhs-Lkry-newtab&hsimp=yhs-
newtab&hspart=Lkry&p=kohlberg+theory+video#id=2&vid=1ad4ee7810610050f7a45
d1ab0eeb5d5&action=click
Questions
Q1 Describe through an example application of Kohlberg Theory of Moral
Reasoning.
Q2 Does a morally mature person obey more the moral norms of the society ?
Q3. How can you apply Kohlberg Theory of Moral Reasoning in Engineering ?
Measuring the Ethical Quotient of Corporations: The Case of Small And
Medium Enterprises in India
Ethical business values translated into management behaviors can make the difference between employee satisfaction
and frustration—with the consequent impact on results. (Maister, 2008)
This paper presents an overview of issues in business and professional ethics along with the whole extent of practical
ethical problems and phenomena which arise out of specific functional areas of companies including ethics of
accounting information, human resource management, sales and marketing, production, etc. A study has been carried
out to measure the Ethical Quotient of small and medium size enterprises located in the National Capital Region of
Delhi, India. The research instrument included a two–part questionnaire with the profile of the organization and a five-
point Likert scale consisting of statements related to Organizational Ethical Standard, Employee Ethical Perception,
ethical considerations towards Finance, HR, Marketing, Production and IPR.
ETHICS AND VALUES

A present day term, ethics are the rules or standards governing the conduct by which one lives one‘s life and makes all
his decisions. Being Ethical means doing what is right to achieve what is good. The study and assessment of morals is
Ethics. It is the character or custom by which one lives one‘s life. Ethics are ready reckoners of how to react to certain
situations long before that situation happens. The term is employed, used, associated with sustainable development that
cannot survive without it. While morality answers the question ―what should I do? Ethics, for its part, answers the
question dealing with ―how should I do, or better still: ―how should I live within and by my company? Ethics
therefore questions not only the person, but also his environment.
Whether or not values and ethics are consciously employed as guides to decision making by individuals, they remain in
general an important influence on the cognitive processes of individuals and groups of individuals. Values can be
formally defined as conceptions of the desirable with motivating force characteristic of individuals, groups,
organizations, and societies that influence choices made from available resources and means.
Due to the increasing pressure to conform to ethical practices, the large companies and MNCs have started addressing
the concept of business ethics more seriously than before. It is the small and medium size corporations that need to be
closely monitored, because not only do they lack resources but also they lack the leadership to adopt ethical practices.
Their mismanagement affects the ability of SME companies to incorporate responsible and ethical practices in their
business operations. Some of the characteristics highlighting SMEs in India are given below:
Governance: SMEs are often family-owned enterprises managed by family members, which creates challenges for
reporting unethical conduct and managing conflicts of interest.
Fewer organizational structures than large enterprises: In their operations, SMEs rely far more on informal processes
such as verbal communication than on the formal policies and procedures that structure large enterprises. They thus lack
the sound organizational systems that support ethics programs in large organizations.
Tendency of some SMEs to remain "informal" where possible: Another factor that shapes the context of the SMEs is
the dual economy of formal—legally registered—and informal sectors. For many enterprises, this distinction is not
absolute; these enterprises observe some regulations while evading taxes and failing to comply with labor regulations.
Training: Lastly, SMEs invest little in training employees in areas not apparently related to technical or commercial
matters.
The small and medium scale enterprises could be defined as one entity for policy purposes, with the objective of
facilitating higher investment and thereby encouraging the technology upgradation. Business ethics is a form of applied
ethics that examines ethical principles and moral or ethical problems that arise in a business environment. In the
increasingly conscience-focused marketplaces of the 21st century, the demand for more ethical business processes and
actions in SMEs (known as ethics) is increasing2. Simultaneously, pressure is applied on industry to improve business
ethics through new public initiatives and laws. Businesses can often attain short-term gains by acting in an unethical
fashion; however, such antics tend to undermine the economy over time. SME Owners and managers can often
encounter ethical challenges in the form of questions like Do I meet a deadline with my customer and ship out products
even though I know there is a possibility they might be faulty?, Do I openly discuss my difficulties with the customer?,
How do I ensure that my employees do their work properly?, How do I deal with my employees’ desire to balance their
work obligations with their personal ones?, How do I respond when securing an important contract seems to require
the payment of a kickback?, Do I delay payment to suppliers when my cash-flow is currently limited?.
Ethics is not just about doing what is legally right more important; it is about what is morally right. Unfortunately, we
live in a time when traditional business standards have begun to fade. Right over wrong and our sense of values and fair
play are more frequently superseded by the urge to take shortcuts to monetary success whenever possible. The
justification seems to be, if no one catches us, it did not happen. In the increasingly conscience-focused marketplaces of
the twenty-first century, the demand for more ethical business processes and actions is increasing. Simultaneously,
pressure is being applied on the industry to improve business ethics through new public initiatives and laws. Companies
need to understand that only by maintaining the strongest possible code of ethics they would be able to attract the best
employees and capital on the most favorable terms.
Identify and define core values of the business: An effective ethics policy will be based on a set of values. In SMEs,
these values will inevitably be influenced by the personal and professional values and principles of the owner-managers.
However, it is considered good practice to consult employees about this, asking them what they think the values of the
organization are. Employee involvement can increase the effectiveness of an ethics policy; it is the first stage in
embedding values in the culture.
Draw up a code of ethics: A code of ethics is the main tool for implementing an ethics policy. It translates core values
into specific commitments and expected behaviors in relation to the organization‘s key stakeholder groups (i.e.
customers, employees, suppliers and contractors, providers of finance and community). A code will also be a good place
to address environmental responsibilities and to state how the company seeks to relate to its competitors. When drawing
up a code it is also helpful to ask employees about ethical issues that concern them and on which they would like
guidance.
Embedding the Code: The code needs to be communicated throughout the company. All employees should be made
aware of the code, the commitments the organization has made and the ethical behaviors that are expected of them as
members of the organization and how they can get support. It will be good practice if owner-managers themselves
introduce the code to new employees and remind existing staff of the importance of responsible behavior on a regular
basis, e.g. in staff meetings. Owners or senior managers need to be aware that their behavior sets an example to their
employees.
External standards and guidelines: External codes and standards will complement and strengthen the ethics policy and
culture of an SME. Informal and formal professional codes of practice may inform their business practices and greatly
enhance the business‘s reputation. The above steps can help formulate the Ethical policy of the SMEs, which is a
business requirement in current times.
The results indicate that companies such as IT, Pharmaceuticals have scored lower on financial ethics, marketing ethics,
production ethics and IPR ethics. This is alarming for the economy and needs to be addressed immediately. It is an issue
of concern since Indian economy is driven by and large by SMEs especially for exports. The results are used to develop
a framework called the Ethics Strategy, which incorporates concerns related to both policy and action that needs to be
taken by companies so as to remove any ethical deficiencies, if they exist.
Q1: What do you understand by term ETHICS & VALUES?

Q2: How the core values of business that is profit maximization is different from business ethics?
The art of writing
Research paper -2
Analytical
Argument
Interpretive
ative
Types of
Research
Papers
Reports Definition
Compare
and
Cause and
Contrast
Effect
papers
Analytical Research Paper.
• Analytical Papers include information from a range of sources, but the
focus is on analyzing the different viewpoints represented from a
factual rather than opinionated standpoint.
• The author of an analytical paper focuses on the findings, methodology
or conclusions of other researchers and will conclude such a paper with
a summation of the findings and a suggested framework for further
study on the issue.
• Argumentative Papers present two sides of a controversial issue in the
one paper.
• A good argumentative paper will include in-text citations from
researchers that present logical facts from both sides of an issue, and
will conclude with the author analyzing the pros and cons of each
argument.
• The confusing element of an argumentative paper is that the author is
expected to favor one side more than the other on an issue, but the
research and analysis must be un-emotive and factual and include both
sides of the argument.
• A researcher is writing paper on "The importance of Academic
environment and academic culture on Institutional ranking.”
• The author may believe that Academic environment has more
importance than academic culture, but a good research paper will
cover both aspect sin unbiased manner.
Definition Papers
• This covers describing a topic from a factual standpoint that is
usually devoid of emotion or the opinion of the author.
• Although the definition research paper will include facts from a
variety of sources, this information is left unanalyzed and contains
only actual facts found in another's research paper findings.
• While a definition paper might be considered difficult to write
especially by those students who enjoy discussing issues from their
own perspective a good definition paper can provide a valuable
information framework for other argumentative or analytical reports
on the same topic.
Compare and contrast papers
• Compare and Contrast Papers are often used in literature courses to compare two
different authors or stories from a particular genre. Literature studies also supports this
type of writing.
• However, they can also be required in social sciences to compare two different
theoretical viewpoints; in philosophy to compare the thoughts of two philosophical
frameworks and even in business studies where different leadership styles could be
compared for example.
• The important part of a compare and contrast paper is that while both elements in the
paper need to be described succinctly, the main part of the paper will be the
comparison and contrasting examples provided by the author to support a thesis.
Cause and effect papers
• Cause and Effect Papers trace the probable or expected results from a
particular action or policy in a logical progression that is easily
followed by the reader.
• Used in business and education fields, in particular, a good cause and
effect paper will not only outline the predicted results from the
action/situation specified.
Reports
• Reports often follow a memorandum or similar business format and they are often
written to outline a case study situation.
• For example, a report could be commissioned by your tutor to describe the key issues
in a workplace scenario - perhaps from a human resources standpoint.
• The report would include a summary of the situation to date; an identification of the
main issue or concern; a breakdown of the elements of this main issue and then
recommendations on how to address the issue based on research on the topic.
• While a comparison essay, for example, will use "If…but" or similar statements, the
report will contain short factual sentences devoid of emotion.
• Reports usually include an executive summary that takes the place of an abstract in
this type of research paper, as well as supporting evidence in the form of appendix,
graphs, and tables.
Interpretive papers
• Interpretive Papers are often required by tutors in literature, humanities,
and social sciences and they require the student to use the theoretical
knowledge gained in a course of study to a particular case study example
such as a piece of art or a poem in literary fields; a business situation in a
management course; or a psychological case profile in either sociology or
psychology fields.
• The key element of an interpretive paper is evidence that the student has
written the paper based on an established theoretical framework and
has used supporting data to back up the thesis statement and findings of
the paper.
Journal Options
CHOICE TYPE
Research Article
Book Review
Editorial
Special Issue Article

Types of journal articles
• Original Research
• Short reports or Letters
• Perspective, opinion, and commentary
• Review Articles
• Case Studies
Original Research
• This is the most common type of journal manuscript used to publish full
reports of data from research.
• It may be called an Original Article, Research Article, Research, or
just Article, depending on the journal.
• The Original Research format is suitable for many different fields and
different types of studies.
• It includes full Introduction, Methods, Results, and Discussion sections.
Short reports or Letters
• These papers communicate brief reports of data from original research that editors
believe will be interesting to many researchers, and that will likely stimulate further
research in the field.
• As they are relatively short the format is useful for scientists with results that are time
sensitive (for example, those in highly competitive or quickly-changing disciplines).
• This format often has strict length limits, so some experimental details may not be
published until the authors write a full Original Research manuscript.
• These papers are also sometimes called Brief communications.
Review Articles
• Review Articles provide a comprehensive summary of research on a
certain topic, and a perspective on the state of the field and where it is
heading.
• They are often written by leaders in a particular discipline after
invitation from the editors of a journal.
• Reviews are often widely read and highly cited.
• Reviews commonly cite approximately 100 or more research articles.
• Systematic review may be of 10000-12000 words.
Perspective, opinion, and commentary
• Perspective pieces are scholarly reviews of fundamental concepts or

prevalent ideas in a field.
• These are usually essays that present a personal point of view critiquing
widespread notions pertaining to a field.
• A perspective piece can be a review of a single concept or a few related
concepts.
• These are considered as secondary literature and are usually short
articles, around 2000 words.
Case Studies
• Case study based papers are very interesting and present a fabricated
or real case based analysis.
• A goal of Case Studies is to make other researchers aware of the
possibility that a specific phenomenon might occur.
• These are used in management to acquaint academicians and
practitioners with certain strategies to assist in decision making.
• This type of study is also used in medicine to report the occurrence of
previously unknown or emerging pathologies.
Methodology papers
• These articles present a new experimental method, test or procedure.
• The method described may either be completely new, or may offer a
better version of an exist.
• Papers on PLS-SEM.
Intellectual Property
Rights and Economic
development
Intellectual Property Rights and Economic
development
• How Intellectual Property Rights affects the processes of economic development
and its growth is complex.
• In theory stronger systems for the protection of intellectual property could
either enhance or limit economic growth.
Economic Benefits of Intellectual Property Rights
• The subject of how Intellectual Property Rights influence the procedures of monetary
improvement and its development is dependent on several factors.
• In principle, more grounded frameworks for the insurance of licensed innovation
could either improve or constrain monetary development.
• Eventually, the proof is rising that more grounded and increasingly certain licensed
innovation law could well build the monetary development and cultivate
advantageous change, along these lines improving formative possibilities, on the off
chance that they are organized in a way that advances compelling and dynamic
challenges.
• The results of defective IPRs security on specialized advancement and monetary
development by expecting that development happens just in the Northern
Countries and impersonation just happens in the Southern Countries.
• As per these creators, blemished IPRs security energizes impersonation movement
in the South.
• Then again, solid IPRs security could decrease the pace of impersonation.
• Because of the expanded trouble to copy, the span of restraining infrastructure
benefits of the northern pioneer is longer, and this imposing business model
position keeps going.
• The productivity of southern imitators decreases and the country’s heap of data
won’t be fortified.
• The beneficial outcome is that specialized advancement is animated to the
degree that the northern firm enhances to make due under the weight of
minimal effort southern imitators.
• The negative impact is because of the vanishing of the lease of the trend-setter
from the minute the assortment of an item is imitated.
• Intellectual property Rights protection helps to reduce the risk of infringement of
the invention.
• These impacts rise and afterward decay with salary. Consequently, the
connection between the less-built up nations’ IPRs insurance and financial
improvement is U-molded.
• This suggests a nation’s eagerness to fortify its IPRs security first reductions and
afterward increments with its pay.
• While talking about the business estimation of IPR, there is one thing that takes
top-most need; organizations need to assess their current IP in order to decide if
it coordinates their business destinations. At exactly that point would they be
able to gather the financial advantages of licensed innovation rights.
• The emergence of new technologies has led to the continuous adaptation of IPRs
protection instruments.
• For example, the evolution of IPRs protection with respect to biotechnology and
its implications for agriculture and the pharmaceutical industry represents one
important new area that is of high relevance to developing countries.
• Assessment of the current IPR assists organizations with distinguishing new
methods for utilizing their scholarly properties through permitting open doors
as referenced previously. Organizations can likewise search for new roads and
fields to extend the items on offer, which further prompts an expansion in their
business income. It can likewise enable a brand to invade more up to date
showcases; both locally and globally.
• Economic theory exhibits that IPR could play either a positive or negative job in
cultivating development and improvement.
• The restricted proof accessible proposes that the relationship is certain, however
reliant on different variables that help advance advantages from licensed
innovation assurance. To sum things up, Intellectual Property Rights could be
compelling and advertise based components for conquering issues that exist in
business sectors for data creation and scattering. Be that as it may, their reality
could present issues as far as their potential for costs and anticompetitive
maltreatment.
• As needs are, present-day Intellectual Property Rights frameworks are not
adequate without anyone else to energize compelling innovation progress.
Rather, they should frame some portion of an intelligent and wide arrangement
of correlative approaches that boost the potential for IPRS to raise dynamic
challenges. Such approaches incorporate fortifying human capital and aptitude
procurement, advancing adaptability in a big business association, guaranteeing
a solid level of rivalry on residential markets, and building up a straightforward,
unbiased, and compelling challenge system. So for the development of countries
and Economic growth, intellectual property rights play a vital role.

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Traditional Knowledge and the

• Arguments by Indian scientists: The claim was supported

Special Issue Article

• Perspective pieces are scholarly reviews of fundamental concepts or

• Geographical Indications of goods are defined as that

Know How/Undisclosed Information

Coca-Cola recipe was formulated at the Eagle Drug and

was Top secret recipe leaked by a website-

Lay Out Designs Of Integrated Circuits

Layout-Designs of Integrated Circuits Act enables the owner

A layout design is defined as the three dimensional

Name: Tony Tan Caktiong / Jollibee Foods Corporation

Country / Territory: Philippines

Date of May 21, 2010

Last update: July 11, 2012

SPACE - Territorial ( Policy of advance registration )

FACTS: The defendant installed a website Yahooindia.com nearly identical to

DECISION: The Delhi High Court granted an injunction restraining defendant

Independently created design that are new and

SUBJECT MATTER OF DESIGN

APPEAL TO THE EYE

The eye must be the eye of the customer on a

Novelty and Originality

Designs Prohibited From Registration

Procedure of Registration of a Design

ACCEPTANCE / OBJECTIONS / REFUSAL

DECISION OF THE CENTRAL GOVERNMENT

THE REGISTRATION OF THE DESIGN

PLAINTIFF’S DESIGN DEFENDANT’S DESIGN

LITERARY WORKS: These include Fiction, Books, Theses, stories, poems,

TIME : Lifetime + 60 years

SPACE : Universal (Berne Convention)

THERE IS NO COPYRIGHT FOR IDEA.

LITERARY WORK includes COMPUTER

PROGRAMMES, TABLES, COMPILATIONS &

• Joint Authorship - 60 yrs. since who dies last

• Posthumous publication - 60 yrs.

• Film & Sound Recording – 60 yrs.

Even as the Harry Potter frenzy reaches a crescendo on Thursday

The eBay display was “accidently” spotted by Rowling’s representatives in

• Thomas Alva Edison was widely known as the

A prolific inventors in the

Application for Patent of Addition (granted for Improvement or

National Phase Application under PCT

 Why it would not be obvious to one skilled in the art

 Modify, add or delete claims

 Presumed to be a valid invention

 Patent and “history file” becomes publicly available

 Individual inventors deluged with sales offers.

Intellectual Property Rights

Professor Ravi Kiran

Intellectual Property Rights (IPRs) have gained prominence

•India 1 January 1995 (GATT: 8 July 1948)

•China 11 December 2001

• Patents shall be available for all inventions whether products or

Inventiveness (Non-obviousness): A patent application involves an

Do not publish/present your Invention before filing Patent Application.

 Patent is a techno-legal document. It is always better to draft claims through an

• Patent system in India is administered under the superintendence of the Controller

• Date 2nd September 1856

TIME : Lifetime + 60 years

SPACE : Universal (Berne Convention)

THERE IS NO COPYRIGHT FOR IDEA.