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 “Intellectual Property Law”
What is Intellectual Property Law?

 Intellectual Property (IP) law relates to the establishment and protection of intellectual creations such
as inventions, designs, brands, artwork and music.
 These rights are established, protected, enforced and promoted through means such as patents
(usually for such things as technical inventions), trademarks (for goods and services), copyright (music,
art and literature) and designs (products and logos).
 Strong IP rights help consumers make an educated choice about the safety, reliability, and
effectiveness of their purchases.

 Enforced IP rights ensure products are authentic, and of the high-quality that consumers recognize and
expect.
 IP rights foster the confidence and ease of mind that consumers demand and markets rely on.
 IP rights facilitate the free flow of information by sharing the protected know-how critical to the
original, patented invention. In turn, this process leads to new innovations and improvements on
existing ones.

IP Law in India

 In the year 1856 in India Patent Act was introduced which remained in force for more than 50 years
which was later modified and revised and was called “The Indian Patents and Designs Act, 1911”.
 A complete bill on patent rights was enacted after Independence in the year 1970 and was called “The
Patents Act, 1970”.
 The establishment of WTO and India also being signatory to the Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS), many new legislations were passed for the protection of
intellectual property rights to meet the obligations internationally.
 These included the following: Designs Act, 1911 was changed by the Designs Act, 2000; Trade Marks,
called the Trade Mark Act, 1999; the Copyright Act, 1957 was revised number of times, the latest is
known as Copyright (Amendment) Act, 2012; and the recent amendments made to the Patents Act,
1970 in 2005.
 Other than this, plant varieties and geographical indications were also enacted in new legislations.
These are called Geographical Indications of Goods (Registration and Protection) Act, 1999, and
Protection of Plant Varieties and Farmers’ Rights Act, 2001 respectively.

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 Patents:

 A patent is a type of intellectual property that gives its owner the legal right to exclude others
from making, using, or selling an invention for a limited period of years, in exchange for
publishing an enabling public disclosure of the invention.
 In most countries, patent rights fall under private law and the patent holder must sue
someone infringing the patent in order to enforce his or her rights. In some industries patents
are an essential form of competitive advantage; in others they are irrelevant.
 The procedure for granting patents, requirements placed on the patentee, and the extent of
the exclusive rights vary widely between countries according to national laws and international
agreements.
 In India, a patent application can be filed, either alone or jointly, by true and first inventor or
his assignee.
 After filing the application for the grant of patent, a request for examination is required to be
made for examination of the application by the Indian Patent Office.
 After the First Examination Report is issued, the Applicant is given an opportunity to meet the
objections raised in the report.
 The Applicant has to comply with the requirements within 12 months from the issuance of the
First Examination Report. If the requirements of the first examination report are not complied
with within the prescribed period of 12 months, then the application is treated to have been
abandoned by the applicant.

Trademarks:

 A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a
recognizable sign, design, or expression which identifies products or services of a particular source
from those of others, although trademarks used to identify services are usually called service marks.
 The trademark owner can be an individual, business organization, or any legal entity. A trademark may
be located on a package, a label, a voucher, or on the product itself.
 For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally
recognized as a type of intellectual property.

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 Copyright:

 Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of
a creative work, usually for a limited time.
 The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended
to protect the original expression of an idea in the form of a creative work, but not the idea itself.
 Some jurisdictions require "fixing" copyrighted works in a tangible form.
 It is often shared among multiple authors, each of whom holds a set of rights to use or license the
work, and who are commonly referred to as rights holders.

Designs:

 An industrial design right is an intellectual property right that protects the visual design of objects that
are not purely utilitarian.
 An industrial design consists of the creation of a shape, configuration or composition of pattern or
color, or combination of pattern and color in three-dimensional form containing aesthetic value.
 An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial
commodity or handicraft.
 India's Design Act, 2000 was enacted to consolidate and amend the law relating to protection of design
and to comply with the articles 25 and 26 of Trade-Related Aspects of Intellectual Property
Rights TRIPS agreement.

Geographical Indications:

 A geographical indication (GI) is a sign used on products that have a specific geographical origin and
possess qualities or a reputation that are due to that origin.
 In order to function as a GI, a sign must identify a product as originating in a given place.
 In addition, the qualities, characteristics or reputation of the product should be essentially due to the
place of origin.
 Since the qualities depend on the geographical place of production, there is a clear link between the
product and its original place of production.

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 “Principle Facts Based Questions”
Direction the following question consists of legal propositions/Principles (hereinafter referred to as 'Principle’) and
Facts. These Principles have to be applied to the given Facts to arrive at the most reasonable conclusion. Such
Principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the
purposes of this section. In other words, in answering the following questions, you must not rely on any Principles
except the Principles that are given here in below for every question. Further you must not assume any Facts other
than those stated in the question. The objective of this section is to test your interest towards study of law, research
aptitude and problem solving ability even if the ‘most reasonable conclusion' arrived at may be unacceptable for any
other reason. It is not the objective of this section to test your knowledge of law.

1) Principle: Copyright infringement is an unauthorised use of copyrighted material in a manner that violates
one of the copyright owner's exclusive rights, such as the right to reproduce or to make derivative works
that build upon it.

Facts: Avi is a science student and published a book. Publisher A sued him on the grounds that he has copied the
content. Avi took a plea that he only referred and took help, but later it was discovered that he completely copied
the content from two books to publish his new book.

Decide.

Avi is a student and can take help. Hence, he is not liable.

Avi is liable.

Avi is liable to compensate only the publisher, who brought a suit against him.

Avi is not liable because the content was not copied from just one book.

2) Principle: 'Work' means literary work, artistic work, dramatic work, musical work, cinematographic film and
sound recording, but does not include acting in a cinematographic film. Only the works, as enumerated
above, can be protected under copyright law.

Facts: A very famous actor acted in a cinematographic film. The actor was also the producer and director of the
cinematographic film.

Decide.

The acting of the actor can be protected under copyright law.

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The acting of the actor can be protected under copyright law only as an artistic work.

The acting of the actor cannot be protected under copyright law.

The acting of the actor cannot be protected under copyright law as a cinematographic film.

3) Principle: In case where the government is a party, the government shall be the first owner of the
copyright in the work, unless there is an agreement to the contrary.

Facts: The Government of State of X entered into an agreement with a music composer for composing the national
song. The music composer agreed for the same. The Government agreed to pay a sum of Rs. 20,00,000 to the
composer for this work.

Decide.

The Government of the State of X shall be first owner of copyright.

The music composer shall be the first owner of the copyright.

Both the Government of the state of X and the composer shall be the joint owners of the copyright.

The music composer shall be the first owner of the copyright, only if he refuses to accept the amount of Rs.

20,00,000 from the Government.

4) Principles:
1. 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.
2. No protection can be given to the acting of a particular actor.

Facts: Ranveer Singh acted in the film Padmaavat. He wants to get his acting protected under the copyright act.

Decide.

Acting of Ranveer Singh can be protected under copyright laws.

Acting of Ranveer Singh cannot be protected under copyright laws.

Acting of Ranveer Singh can be protected, subject to certain conditions.

He has full rights to get his personal acting protected.

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 5) Principle: In case where government is a party, it shall be the first owner of the copyright in the work,
unless there is an agreement to the contrary.

Facts: Government of state of X entered into an agreement with a retired professor of Botany. The professor
agreed to write a textbook on Botany. Government agreed to pay a sum of Rs. 10 lakhs to the professor for this
work.

Decide.

Government of state of X shall be first owner of copyright in the textbook.

The professor shall be first owner of copyright in the textbook.

Both government of state of X and the professor shall be the joint owners of copyright in the textbook.

The professor shall be first owner of copyright in the textbook only if, he refuses to accept the amount of Rs. 10

lakhs from government.

6) Principle: Where any law provides that documents, records or information shall be retained for any specific
period, then, that requirement shall be deemed to have been satisfied if such documents, records or
information are retained in the electronic form.

Facts: In an organization there is a rule to keep the documents at the safe place for as long as the organization
exists, but it fails to maintain the electronic database due to lack of efficiency of the staff members to use
technology. If the information is lost after a certain period can the staff be held liable for it?

Yes, because maintaining data is the utmost duty of its members.

No, because the exact responsible person is not known.

Yes, because due care was not taken.

No, because the electronic database has not been maintained. Correct Answer.

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 7) Principle: Registration of a trademark must not be related with the bonafide use by any person of his own
name or that of his place of business or the use of any bonafide description of the character or quality of
the goods.

Fact: The owner of the ABC organisation registered the trademark of the organisation in the name of the state
Gujarat as Gujarat Woollen Mills as it specialises in weaving of a cloth which is famous for its availability in Gujarat.

Describe the nature of the registration of trademark.

Valid, because the organisation deals with same quality material.

Invalid, because the trademark does not reveal anything about the owner.

Valid, because there are no such concerns with the usage of words in the name.

Invalid, because the trademark has been registered after the name of a state. Correct Answer.

8) Principle: Copyright law protects only work. 'Work' means cinema to graphic film but does not include
performance by an actor in a cinematographic film.

Facts: Alia Bhatt acted in a movie

A. Alia Bhatt acted in a movie. The acting of Alia Bhatt can be protected under copyright law as
professional work.
B. The acting of Alia Bhatt cannot be protected under copyright law
C. The acting of Alia Bhatt can be protected under copyright law only as an artistic work.
D. The acting of Alia Bhatt can be protected as film producers work.

9) Principle: Under copyright law copyright subsists in original literary works also. A literary work need
not be of literary quality. Even so prosaic a work as an index of railway stations or a railway guide or a
list of stock exchange quotations qualifies as a literary work if sufficient work has been expended in
compiling it to give it a new and original character.

Facts: Michael works hard enough. walking down the streets taking down the names of people who live at
houses and makes a street directory as a result of that labour.

A- Michael's exercise in making a street directory is sufficient to justify in making claim to copyright in
that work which is ultimately produced

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 B. Michael's exercise in making a street directory is not enough to justify in making claim to copyright
in that work
C- A street directory cannot be enough to be considered as a literary work
D- None of the above statements is correct

10) Principle: Any police officer, not below the rank of a sub-inspector, may, if he is satisfied that an
offence in respect of the infringement of copyright in any work has been, is being, or is likely to be,
committed, seize without warrant, all copies of the work, and all plates used for the purpose of making
infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as
practicable, be produced before a Magistrate.

Facts: A Superintendent of Police (SP) conducted a raid on a shop and found pirated copies of books. The SP
formed an opinion that infringement of copyright is taking place. He arrested the shop owner without warrant
in the light of abovementioned propositions.

A. The arrest of the shop owner was within the power of the SP

B. The arrest of the shop owner was not within the power of the SP

C. The shop owner can never be arrested

D. SP was not competent to know whether infringement of copyright has taken place

Answer:

1 2 3 4 5 6 7 8 9 10

B D A B A D D B A A

Explanation:

1) Avi is liable for copyright infringement.

This is a clear cut case wherein Avi copied the content, without any permission. He is liable for violating one
of the copyright owner's exclusive rights.
2) It has been made clear in the principle that acting in a cinematographic film will not be considered as
'work'. It cannot be protected under copyright law.
3) According to the principle given above, if the government is a party, government shall be the first owner of
the copyright. The Government of the state of X shall be the first owner.
4) It is only the producer of the film who can get copyright, not the actor. Therefore, his acting cannot be
protected under copyright laws.

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 5) As per the principle, since government is party to this agreement, they are the first owner of the
copyright in the work, as there was no agreement to the contrary by the professor.
6) No, because the electronic database has not been maintained and law provides that documents,
records or information shall be retained for any specific period, then, that requirement shall be
deemed to have been satisfied if such documents, records or information are retained in the electronic
form.
7) Invalid, because the trademark has been registered after the name of a state and according to the
above mentioned principle, the owner cannot register the trade mark if it is related with the name of
the owner or to the place of business or the use of any description of the character or quality of the
goods.
8) Direct application of principle.
9) Direct application of principle.
10) Direct application of principle.

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