Jai Ganeshaya Namaha

Intellectual Property Law and Information Technology Act, 2000

What is the nature and meaning of Intellectual Property ? How many types of intellectual properties are there ?
Explain the meaning and nature of intellectual property along with the types of intellectual property.
Define ‘Intellectual Property’. What are its various types ? Describe role of World intellectual Property Organization to protect
intellectual property.
Introduction
As per Oxford Dictionary: An Intellectual Property is an intangible property that is the result of creativity.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and
images used in commerce.
Intellectual Property Rights (IPR) refers to the legal rights granted to the inventor or manufacturer to protect their invention or manufactured
product.
These legal rights confer an exclusive right on the inventor/manufacturer or its operator who makes full use of its invention/product for a
limited period of time.
An intangible asset is a non-monetary asset that cannot be seen or touched.
Tangible assets are physical assets that can be seen, touched and felt.
Property can be tangible items, such as houses, cars, or appliances, or it can refer to intangible items that carry the promise of future worth,
such as stock and bond certificates.
Incorporeal property means all kinds of intangible property.
This type of property is also called intellectual property. It is an incorporeal right, meaning having legal rights over things that cannot be
touched or felt.
Like any other property IPR can be transferred, sold, or gifted.

Copyright protects the intellectual property created by artists.

Registered designs protect the intellectual property created by designers.
Patents protect the intellectual property created by inventors.
Champagne is a geographical indication.
Trademarks protect logos, names and brands.
In most countries, copyright lasts for 50 years after the death of the person who created that work.
Patents usually last for 20 years.
Copyright gives you the right to decide who can make and sell copies of your work.
Imagine a sports team sets up a company to sell its own range of clothes. The sports team can brand the clothes with a trademark to prove
that they are made by them.
If a company develops a new technology that improves its main product, They can use patents to stop others from copying their invention.
Nature of intellectual Property
Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain
period of time. These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a
given period of time.
Intangible Rights over Tangible Property: The main point that distinguishes IP from other forms is its intangibility. While there are many
important differences between different forms of IP, one factor they share is that they establish property protection over intangible things
such as ideas, inventions, signs and information whereas intangible assets and close relationships are a tangible object in which they are
embedded. It allows creators or owners to benefit from their works when they are used commercially.
Right to sue: In the language of the law, IP is an asset that can be owned and dealt with. Most forms of IP are contested in rights of action
that are enforced only by legal action and by those who have rights. IP is a property right and can, therefore, be inherited, bought, gifted,
sold, licensed, entrusted or pledged. The holder of an IPR owner has a type of Property that he can use the way he likes subject to certain
conditions and takes legal action against the person who without his consent used his invention and can receive compensation against real
Property.
Rights and Duties: IP gives rise not only to property rights but also duties. The owner of the IP has the right to perform certain functions in
relation to his work/product. He has the exclusive right to produce the work, make copies of the work, market work, etc. There is also a
negative right to prevent third parties from exercising their statutory rights.
Coexistence of different rights: Different types of IPRs can co-exist in relation to a particular function. For example, an invention may be
patented, and the invention photograph may be copyrighted. A design can be protected under the Design Act, and the design can also be
incorporated into a trademark. There are many similarities and differences between the various rights that can exist together in IP. For
example, there are common grounds between patent and industrial design; Copyright and neighbouring rights, trademarks and geographical
indications, and so on. Some intellectual property rights are positive rights; the rest of them are negative rights.
Exhaustion of rights: Intellectual property rights are generally subject to the doctrine of exhaustion. Exhaustion basically means that after
the first sale by the right holder or by its exhaustion authority, his right ceases and he is not entitled to stop further movement of the goods.
Thus, once an IP rights holder has sold a physical product to which IPRs are attached, it cannot prevent subsequent resale of that product.
The right terminates with the first consent. This principle is based on the concept of free movement of goods which is in force by consent or
right of the rights holder. The exclusive right to sell goods cannot be exercised twice in relation to the same goods. The right to restrict further
movements has expired as the right holder has already earned his share by the act of placing goods for the first sale in the market.
Exhaustion refers to the doctrine that states once a product is sold by a patent owner, the patent owner can't sue the purchaser for having
an authorized copy of the patented product. The patent owner's exclusive rights of the patented product have been exhausted once a sale
has been made.
Dynamism: IPR is in the process of continuous development. As technology is rapidly evolving in all areas of human activities, the field of IP
is also growing. As per the requirement of scientific and technological progress, new items are being added to the scope of IPR, and the
scope of its preservation is being expanded. Bio Patents, Software Copyrights, Plant Diversity Protection, these are few names which reflect
contemporary developments in the field of IPR. The importance of intellectual property and its mobility is well established and reflected at all
levels, including statutory, administrative and judicial.
Alternative answer
The nature of intellectual property can be understood through its key characteristics:
 Intangibility: Intellectual property exists in the realm of ideas and creations, rather than physical objects. It encompasses
intangible assets that are products of human intellect and imagination. Unlike tangible property, such as land or physical
goods, IP is non-physical and immaterial.
 Exclusivity: Intellectual property rights grant exclusive control and ownership to the creators or owners of the intellectual
assets. These rights enable the creators to exercise control over the use, reproduction, and distribution of their creations.
By providing exclusivity, IP laws incentivize individuals and organizations to invest their time, effort, and resources in
creating new innovations and artistic works.
 Legal Protection: Intellectual property is protected by laws and regulations in most countries. These legal frameworks
grant creators and innovators certain rights and privileges over their intellectual assets. Intellectual property rights allow
creators to prevent others from using, copying, or exploiting their works without permission, thereby safeguarding the
economic and moral interests associated with those creations.
 Variety of Forms: Intellectual property takes diverse forms, reflecting the different types of creations and innovations it
covers. Some common forms of IP include patents for inventions, copyrights for artistic and literary works, trademarks
for brand identities, industrial designs for product appearances, and trade secrets for confidential business information .
Each form of IP has specific legal requirements and protection mechanisms.
 Economic and Social Impact: Intellectual property plays a crucial role in driving economic growth, fostering innovation,
and benefiting society as a whole . It encourages individuals and businesses to invest in research, development, and
creativity by providing the potential for financial rewards and market advantages. IP rights also facilitate the dissemination
of knowledge, cultural expression, and technological advancements, contributing to societal progress.
It is important to note that intellectual property rights are not absolute and must be balanced with the public interest. Society faces
ongoing debates and challenges in striking the right balance between providing incentives for innovation and ensuring access to
knowledge and cultural works for the greater good. The nature of IP involves finding the equilibrium that encourages creativity and
economic development while promoting fair competition, cultural diversity, and the free exchange of ideas.
In summary, intellectual property encompasses intangible creations of the human mind, protected by legal frameworks. It grants
exclusive rights to creators and owners, encouraging innovation, safeguarding economic interests, and promoting social progress.
Understanding the nature of intellectual property involves recognizing its intangibility, exclusivity, legal protection, variety of forms,
and its impact on the economy and society as a whole.
Another alternate answer
Nature of Intellectual Property
Intellectual properties have their own peculiar features. These features of intellectual properties may serve to identify intellectual properties
from other types of properties. Thus, we will discuss them in brief.
1. Territorial
Any intellectual property issue should be resolved by national laws. Why is it an issue? Because intellectual property rights have one
characteristic which other national rights do not have. In ownership of intellectual property of immovable properties, issues of cross borders
are not probable. But in intellectual properties, it is common. A film made in Hollywood can be seen in other countries. The market is not only
the local one but also international. If a design in China is imitated by another person in France which law would be applicable?
2. Giving an exclusive right to the owner
It means others, who are not owners, are prohibited from using the right. Most intellectual property rights cannot be implemented in practice
as soon as the owner got exclusive rights. Most of them need to be tested by some public laws. The creator or author of an intellectual
property enjoys rights inherent in his work to the exclusion of anybody else.
3. Assignable
Since they are rights, they can obviously be assigned (licensed). It is possible to put a dichotomy (the separation that exists between two
groups or things that are completely opposite to and different from each other) between intellectual property rights and the material object in
which the work is embodied. Intellectual property can be bought, sold, or licensed or hired or attached.
4. Independence
Different intellectual property rights subsist in the same kind of object. Most intellectual property rights are likely to be embodied in objects.
5. Subject to Public Policy
They are vulnerable to the deep embodiment of public policy. Intellectual property attempts to preserve and find adequate reconciliation
between two competing interests. On the one hand, the intellectual property rights holders require adequate remuneration and on the other
hand, consumers try to consume works without much inconvenience. Is limitation unique for intellectual property?
6. Divisible (Fragmentation)
Several persons may have legally protected interests evolved from a single original work without affecting the interest of other right holders
on that same item. Because of the nature of indivisibility, intellectual property is an inexhaustible resource. This nature of intellectual property
derives from intellectual property’s territorial nature. For example, an inventor who registered his invention in Ethiopia can use the patent
himself in Ethiopia and License it in Germany and assign it in France. Also, copyright is made up of different rights. Those rights may be
divided into different persons: publishers, adaptors, translators, etc.
Scope of Intellectual Property Rights
Intellectual property rights include copyright, patent, trademark, geographic indication of origin, industrial design, trade secrets, database
protection laws, publicity rights laws, laws for the protection of plant varieties, laws for the protection of semi-conductor chips (which store
information for later retrieval), etc.
There is a conventional mode of classification of intellectual property as industrial property and copyrights.
Industrial properties include inventions (patent), property interest on minor invention (Utility model certificate) and commercial interests
(Trade Marks, trade names, geographical indications, and industrial design), plant breeder rights, biodiversity, etc.

1. Patent: A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a
new way of doing something, or offers a new technical solution to a problem. In exchange for this right, the patent owner makes
technical information about the invention publicly available in the published patent document. Patent protection is granted for a
limited period, generally 20 years from the filing date of the application.
2. Copyright: Copyright (or author's right) is a legal term used to describe the rights that creators have over their literary and
artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs,
databases, advertisements, maps, and technical drawings. As per the Section 22 of Indian Copyright Act, 1957, Term of
copyright in published literary, dramatic, musical and artistic works.— Except as otherwise hereinafter provided,
copyright shall subsist in any literary, dramatic, musical or artistic work published within the lifetime of the author until
sixty years from the beginning of the calendar year next following the year in which the author dies.
3. Trademark: Trademark 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.
4. Industrial Designs: An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist
of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as
patterns, lines or color.
5. Geographical indications : Geographical indications and appellations of origin are signs used on goods that have a specific
geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of
origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
6. Trade Secrets – The systems, processes, formulas, strategies or any other form of confidential information of any
organisation is covered under this. This is majorly to provide these organisations, with competitive advantage in the
market as they are vital in the growth of the company. Trade secrets are IP rights on confidential information which may be
sold or licensed. The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest
commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

The laws and legislation procedures relating to the IPR have their roots in Europe. The trend of Patents started in the 14th Century, they
were technologically less advanced than England. However, the first ever known Copyrights appeared to be in Italy where, Venice was
considered the cradle of Intellectual Property systems. While, the Patents are about 150 years old concept, as first introduction was based
on, the British Patent System.

The World Intellectual Property Organization (WIPO) is the global forum for intellectual property (IP) services, policy, information
and cooperation. WIPO is a self-funding agency of the United Nations, with 193 member states.
The mission of WIPO is to lead the development of a balanced and effective international IP system that enables innovation and creativity for
the benefit of all.
World Intellectual Property Organization (WIPO), international organization designed to promote the worldwide protection of both industrial
property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). The
organization, established by a convention signed in Stockholm on 14 th July, 1967, began operations in 1970 and became a specialized
agency of the United Nations in December 1974. It is headquartered in Geneva.
The origins of WIPO can be traced to 1883, when 14 countries signed the Paris Convention for the Protection of Industrial Property, which
created intellectual-property protections for inventions, trademarks, and industrial designs. The convention helped inventors gain protection
for their works outside their native countries. In 1886 the Berne Convention required member countries to provide automatic protection for
works that were produced in other member countries. The two organizations, which had established separate secretariats to enforce their
respective treaties, merged in 1893 to become the United International Bureaux for the Protection of Intellectual Property (BIRPI), which was
based in Bern, Switzerland. In 1960 BIRPI moved its headquarters to Geneva. In 1970, following the entry into force of the convention
establishing WIPO, BIRPI became WIPO. The aims of WIPO are twofold. First, through international cooperation, WIPO promotes the
protection of intellectual property. The organization now administers more than 20 intellectual-property treaties. Second, WIPO supervises
administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the
protection of artistic and literary works. WIPO’s role in enforcing intellectual-property protections increased in the mid 1990s, when it signed a
cooperation agreement with the World Trade Organization. As electronic commerce grew through the development of the Internet, WIPO
was charged with helping to resolve disputes over the use of Internet domain names.
WIPO’s membership consists of more than 180 countries. Its main policy-making body is the General Assembly, which convenes every two
years. WIPO also holds a biennial conference, which determines the organization’s budget and programs. More than 170 nongovernmental
organizations maintain observer status.
 Point out the nature of intellectual property and discuss its origin and development in India.
Origin and development In India:
The 1st legislation in India relating to patents was the Act VI of 1856. The objective was to encourage inventions and to induce inventors
to disclose secret of their inventions. Later, to grant exclusive privilege, a fresh legislation was introduced as Act XV of 1859. However, in
1872, the act was renamed as The Patterns and Designs Protection Act. The act remained in force for 30 years with only 1 amendment
in the year 1883. The Indian Patents and Design Act replaced all the previous laws in India. In this act, provisions relating to grant of
secret patents, patent of addition, and increase of term of patent from 14 years to 16 years were made. Later, after independence, various
committees were made to examine the revisions in the law and thus a bill was introduced in the Lok Sabha in 1965 which however lapsed.
Though it lapsed in 1965, in 1967, an amended bill was introduced and then on the final recommendation of the committee, the
Patents Act, 1970 was passed which is presently used in India.

Copyright law entered in the year 1847 in India through an enactment during the regime of the East India Company. At that time, the
term of the copyright was for 42 years plus 7 years post-mortem. The government could grant a compulsory license for publishing a book if
the owner of the copyright, upon the death of the author, denied its publication. Registration of Copyright was mandatory to enforce rights
under this act. In 1914, the then Indian legislature enacted a new Copyright Law under the British Raj which was quite similar to United
Kingdom Copyright Act, 1911. However, there were few major differences. The most important one being- it introduced criminal sanctions for
copyright infringement under sections 7 to 12. The 1911 Act was amended many times until 1957 and thus, in the year 1957 the Copyright
Act was enacted by independent India in order to suit to the provisions of the Berne Convention. This 1957 Act has been amended
many times, the latest being in the year 2012.

India prepared the first act related to trademarks as Trademark Act, 1940 which was borrowed from British Trademark Act, 1938.
Further, post independence the Trade and Merchandise Act, 1958 was enacted. Various amendments were made until 30th December
1999, when the Trade Mark Act, 1999 was enacted which is presently used in India. The two key needs fulfilled under this act are- a) protect
the owner from disorder and duplicity of marks by competitors. b) secure trademark owner's business and trade and also goodwill which is
added to the trademark.

In India, other laws protecting and promoting Intellectual Property Rights are recognised under the legislative statute, such as: –

· The Geographical Indications of Goods (Registration & Protection) Act, 1999

· The Patents Act (1970)
· The Trade and Merchandise Marks Act, 1958.
· The Designs Act, 2000
· The Copyright Act, 1957

The Rights to Intellectual property is inserted in the United Nations Declaration for the Right of Indigenous People (UNDRIP). Particularly,
the Article 27 of the UNDHR states that everyone has the right to protect the material and moral interests, that are the results of any
scientific, artistic or literary production of an author. The Convention Establishing the World Intellectual Property Organization (WIPO
Convention) (1967), concluded in Stockholm provides, under its Article 2 (viii) that the IP shall include rights relating to fields like scientific
discoveries, industrial designs, literary and artistic works etc.
There are a few international platforms and forums that work for protection and promotion of the Intellectual Property Rights, such as
the World Trade Organisation and World Intellectual Property Organisation (WIPO). Furthermore, they do make new laws on IPR and
analyse the ways of how these laws can guarantee the protection within the ambit of Human Rights. The Article 2 of WIPO states that IP
should include the rights related to the commercial names, literary and artistic works, trademarks and designs against the unfair competition.
The importance of the Intellectual Property was first recognised by the Paris Convention for the Protection of Intellectual property
(1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both these treaties were originally
administered by WIPO.

What is meant by registration of copyright ? Discuss elaborately the procedure of registration of copyright.
What is Copyright Registration?
Copyright registration is done in accordance with the Copyright Act, 1957.
With copyright registration, you may become a legal owner of your creative work in respect of books, music, paintings, sculpture and
films, to computer programs, databases, advertisements, maps and technical drawings.
Copyright registration with the authority ensures that creative work of the author cannot be imitated.
No person is authorized to use the same without the permission of the author or creator.
The author is allowed to charge others for using his work or modifying it.
Copyrights registration safeguards the rights of the creator from infringement.
It gives legal protection by which no other person can misuse the copyright in any manner without obtaining the permission of the owner.
Copyright Registration Procedure
The procedure for registration is as follows:
 Application for registration is to be made on as prescribed in the first schedule to the Rules;
 Separate applications should be made for registration of each work;
 Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules; and
 The applications should be signed by the applicant or the advocate in whose favor a Vakalatnama or Power of Attorney has been
executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
Time for Processing Application
After you file your application and receive a diary number you have to wait for a mandatory period of 30 days so that no objection is
filed in the Copyright office against your claim that particular work is created by you.
Essential documents required for copyright registration
 3 copies of the work if the work is published;
 If the work is not published, then 2 copies of manuscripts;
 If the application is being filed by an attorney, then special power of attorney or vakalatnama signed by the attorney and the party;
 Authorization in respect of work, if the work is not the work of the applicant;
 Information regarding the title and language of the work;
 Information regarding the name, address and nationality of the applicant;
 Applicant must also provide his mobile number and email address;
 If the applicant is not the author, a document containing the name, address and nationality of the author, and if the author is
deceased, the date of his death;
 If the work is to be used on a product, then a no-objection certificate from the trademark office is required;
 If the applicant is other than the author, a no-objection certificate from the author is required. In this case, an authorization of the
author may also be required;
 If a person’s photo is appearing in the work, then a no-objection certificate from such person is required;
 In case the publisher is not the applicant, a no-objection certificate from the publisher is required;
 If the work is published, the year and address of first publication is also required;
 Information regarding the year and country of subsequent publications;
 In case of copyright is for software, then source code and object code are also required.
Procedure for registering a copyright
Now that we understand who is entitled to get a copyright and what essential documents they must have to get it registered, let’s see how
you can register your original work with the copyright registrar under Chapter X of the Indian Copyright Act, 1957 and Rule 70 of the
Copyright Rules’ 2013.
The steps involved in the registration process are:
Step 1: File an Application
 The author of the work, copyright claimant, owner of an exclusive right for the work or an authorized agent file an application
either physically in the copyrights office or through speed/registered post or through e-filing facility available on the
official website (copyright.gov.in).
 For registration of each work, a separate application must be filed with the registrar along with the particulars of the work.
Along with this, the requisite fee must also be given. Different types of work have different fees.
For example, getting the copyright for an artistic work registered, the application fees is INR 500, while for getting the copyright for a
cinematograph film registered is INR 5000. The application fees range from INR. 5000 to INR. 40000. It can be paid through a demand draft
(DD) or Indian postal order (IPO) addressed to the Registrar of Copyright Payable at New Delhi or through e-payment facility. This
application must be filed with all the essential documents.
At the end of this step, the registrar will issue a dairy number to the applicant.
Step 2: Examination
In the next step, the examination of the copyright application takes place.
Once the dairy number is issued, there is a minimum 30 days waiting period. In this time period, the copyright examiner reviews the
application. This waiting period exists so that objections can arise and be reviewed. Here the process gets divided into two segments:
 In case no objections are raised, the examiner goes ahead to review and scrutinize the application to find any discrepancy.
o If there is no fault and all the essential documents and information is provided along with the application, it is a case of
zero discrepancies. In this case, the applicant is allowed to go forward with the next step.
o In case some discrepancies are found, a letter of discrepancy is sent to the applicant. Based upon his reply, a
hearing is conducted by the registrar. Once the discrepancy is resolved, the applicant is allowed to move forward to
the next step.
 In case objections are raised by someone against the applicant, letters are sent out to both parties and they are called to
be heard by the registrar.
o Upon hearing if the objection is rejected, the application goes ahead for scrutiny and the above-mentioned discrepancy
procedure is followed.
o In case the objection is not clarified or discrepancy is not resolved, the application is rejected and a rejection
letter is sent to the applicant. For such applicant, the copyright registration procedure ends here.
Step 3: Registration
The final step in this process can be termed as registration. In this step, the registrar might ask for more documents. Once completely
satisfied with the copyright claim made by the applicant, the Registrar of Copyrights would enter the details of the copyright into the
register of copyrights and issue a certificate of registration.
The process registration of copyright completes when the applicant is issued the Extracts of the Register of Copyrights (ROC).
Conclusion
Creativity is the most essential requirement to enable progress in society. Encouraging creativity enables economic and social development
of a society. Copyright protects the creativity of people and becomes a source of motivation for the artists, authors, etc. Registering your
work with the Registrar of Copyrights provides you with the right to reproduce it, the right to adapt the work, right to paternity and right to
distribute the work.
Though it looks easy, the copyright registration process is a lengthy but important process which can take up to 10 to 12 months. It is always
advisable to get your copyright registered. This is because it can go a long way in protecting your rights for years, even after your death.
Once your copyright is registered, it becomes much easier to move to the court and get the person who illegally copied your work punished.
To provide adequate protection to copyright holders, the Copyright Act, 1957 provides imprisonment from six months to three years and a
fine of not less than INR 50,000 in case your right is infringed by someone.

Alternative answer for the question

What is meant by registration of copyright ? Discuss elaborately the procedure of registration of copyright.
What is Copyright Registration?
Copyright registration is done in accordance with the Copyright Act, 1957.
With copyright registration, you may become a legal owner of your creative work in respect of books, music, paintings, sculpture and films, to
computer programs, databases, advertisements, maps and technical drawings.
Copyright registration with the authority ensures that creative work of the author cannot be imitated.
No person is authorized to use the same without the permission of the author or creator.
The author is allowed to charge others for using his work or modifying it.
Copyrights registration safeguards the rights of the creator from infringement.
It gives legal protection by which no other person can misuse the copyright in any manner without obtaining the permission of the owner.
Benefits of copyright registration:
 Safeguard of Owner
With Copyright registration, copyright owner gets the exclusive rights over reproduction, distribution, adaptation, dissemination, and
translation of the work.
 Legal Protection
Creators enjoy exclusive legal protection when their work reproduced without authorization.
 Brand value
A registered Copyright has a proof of ownership and you can use it for marketing and it also creates goodwill.
 Worldwide Protection
If the work is copyrighted in any other country then it gives the similar privilege to that work in India.
 Copyright is an Asset
Copyright is an intellectual property for the owner, therefore, it is considered as an intangible asset which can be sold or franchised.
 Owner publicity
A copyright registration makes work known across the world and it becomes searchable in the copyright registry database. Once copyright
registration is done it prevents the use of work without authorization of the author.
 Economic Stability
Copyright registration helps in ensuring economic stability as the creator will be able to reproduce his/ her art in whatever form.

Step 1: Filing the Application

Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated
and issued to the applicant.
Step 2: Examination
There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application
1. In case of no objection
The application goes ahead for scrutinisation by an examiner. This scrutiny gives rise to two options:
In case of the discrepancy found during scrutiny
A letter of discrepancy is sent to the applicant. Based on the reply from the applicant, the registrar conducts a hearing regarding the alleged
discrepancy. Once the discrepancies are sorted out during the hearing, the extracts of the same are sent to the applicant for him/her to
register the copyright.
In case of zero discrepancies
This would mean that the application fulfils all criteria required for the copyright. The applicant is then given the nod to go ahead. If it is not
approved, then the applicant received a letter of rejection.
2. In case of an objection filed
While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following take place:
Authorities send out letters to the two concerned parties, trying to convince them to privately resolve the objection. After requisite replies from
the third party, the registrar conducts a hearing. Depending on whether the registrar accepts the reply, then proceeds to take shape as
previously described.
3. If the application is accepted
The application being accepted means that the objection has been rejected. The application goes ahead for scrutinisation by an examiner.
This scrutiny gives rise to three scenarios:
In case of the discrepancy found during scrutiny
A letter of discrepancy is sent to the applicant. Based on the reply from the applicant, the registrar conducts a hearing regarding the alleged
discrepancy. Once the discrepancies are sorted out during the hearing, the extracts of the same are sent to the applicant for him/her to
register the copyright.
In case of zero discrepancies
This would mean that the application fulfills all criteria required for the copyright. The applicant is then given the nod to go ahead with the
registration of the same. (If the registration is not approved, then the applicant receives a letter of rejection)
If the application is rejected
In case this happens, then the applicant receives a rejection letter that marks the end of the registration.
Step 3: Registration
As can be seen from the aforementioned steps, copyright registration solely depends on the registrar. Once everything is cleared from the
registrar’s end, the applicant receives the copyright and can legally exercise all rights that come with the owner of that copyright.

What are the various rights of the owner of copright ? Explain.

Briefly describe all the rights of an owner of a copyrighted work.
What are the rights in the case of a literary work?
In the case of a literary work (except computer programme), copyright means the exclusive right
1. To reproduce the work
2. To issue copies of the work to the public
3. To perform the work in public
4. To communicate the work to the public.
5. To make cinematograph film or sound recording in respect of the work
6. To make any translation of the work
7. To make any adaptation of the work. In a literary or dramatic work, an adaptation would be: A translation of the work. Conveying
the story or action solely or principally by pictures, e.g. adapting a novel as a comic. Creating a dramatic form of a non-dramatic
work or vice versa, e.g. adapting a book into a stage play.

What are the rights in a dramatic work?

In the case of a dramatic work, copyright means the exclusive right
1. To reproduce the work
2. To communicate the work to the public or perform the work in public
3. To issue copies of the work to the public
4. To include the work in any cinematograph film
5. To make any adaptation of the work. In a literary or dramatic work, an adaptation would be: A translation of the work. Conveying
the story or action solely or principally by pictures, e.g. adapting a novel as a comic. Creating a dramatic form of a non-dramatic
work or vice versa, e.g. adapting a book into a stage play.
6. To make translation of the work.

What are the rights in an artistic work?

In the case of an artistic work, copyright means the exclusive right
1. To reproduce the work
2. To communicate the work to the public
3. To issue copies of the work to the public
4. To include the work in any cinematograph film
5. To make any adaptation of the work. In a literary or dramatic work, an adaptation would be: A translation of the work. Conveying
the story or action solely or principally by pictures, e.g. adapting a novel as a comic. Creating a dramatic form of a non-dramatic
work or vice versa, e.g. adapting a book into a stage play.

What are the rights in a musical work?

In the case of a musical work, copyright means the exclusive right
 1. To reproduce the work
2. To issue copies of the work to the public
3. To perform the work in public
4. To communicate the work to the public
5. To make cinematograph film or sound recording in respect of the work
6. To make any translation of the work
7. To make any adaptation of the work. In a literary or dramatic work, an adaptation would be: A translation of the work. Conveying
the story or action solely or principally by pictures, e.g. adapting a novel as a comic. Creating a dramatic form of a non-dramatic
work or vice versa, e.g. adapting a book into a stage play.

What are the rights in a cinematograph film?

In the case of a cinematograph film, copyright means the exclusive right
1. To make a copy of the film including a photograph of any image forming part thereof
2. To sell or give on hire or offer for sale or hire a copy of the film
3. To communicate the cinematograph film to the public.

What are the rights in a sound recording?

1. To make any other sound recording embodying it
2. To sell or give on hire, or offer for sale or hire, any copy of the sound recording
3. To communicate the sound recording to the public.

What is the right of reproduction?

The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in any
material form including sound and film recording without the permission of the copyright owner. The most common kind of reproduction is
printing an edition of a work. Reproduction occurs in storing of a work in the computer memory.
What is the right of communication to the public?
Communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any
means of display or diffusion. It is not necessary that any member of the public actually sees, hears or otherwise enjoys the work so made
available. For example, a cable operator may transmit a cinematograph film, which no member of the public may see. Still it is a
communication to the public. The fact that the work in question is accessible to the public is enough to say that the work is communicated to
the public.
The moral rights of an author:
The author of a work has the right to claim authorship of the work and to restrain or claim damages in respect of any distortion, mutilation,
modification or other acts in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation,
modification or other act would be prejudicial to his honour or reputation. Moral rights are available to the authors even after the economic
rights are assigned.
The moral rights are independent of the author’s copyright and remains with him even after assignment of the copyright.
A copyright assignment is a form of exclusive copyright transfer. Copyright assignments could be made on part or on the entirety of an
intellectual work. The sole objective of assignment process is to provide both pecuniary as well as distribution benefits to the original work of
the creator. It cannot be used to deprive the original owner permanently from his creation. Copyright Assignment is an inevitable necessity in
this dynamic world.

Examine the laws relating to protection of Intellectual properties in India.

Intellectual property, in basic terms, refers to specific types of intangible assets which have been created (owing to application of one’s
mental faculties). The requirements for obtaining registration for intellectual properties may vary as per the type of asset under consideration.
The ownership of intellectual property rights affords various rights for protection and commercialization of such assets (which are protected
by the law of intellectual property).
Intellectual property rights are classified in a universal manner across the globe (with minor jurisdiction-specific changes in terminology as
well as requirements for registration).
India’s legal framework caters to the following areas of intellectual property:
 Trade Marks: a ‘trade mark’ is ‘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.’
 Patents: A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new
way of doing something, or offers a new technical solution to a problem.
 Copyrights: Copyright (or author's right) is a legal term used to describe the rights that creators have over their literary and artistic
works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases,
advertisements, maps, and technical drawings.
 Industrial designs: Industrial design intellectual property refers to compositions of colors or lines which give a three-dimensional
look to a handicraft or product. This constitutes the aesthetic or ornamental part of an article in a legal sense.
  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.
 Layout designs of integrated circuit:
 Varieties of plant
 Information Technology and Cybercrimes
 Data protection
Governing Regulations
Intellectual properties rights in India is governed under the following Acts:
 Trade Marks Act, 1999
 The Patents Act, 1970 (amended in 2005)
 The Copyright Act, 1957
 The Designs Act, 2000
 The Geographical Indication of Goods (Registration and Protection) Act, 1999
 The Semiconductor Integrated Circuits Layout Design Act, 2000
 The Protection of Plant Varieties and Farmers Rights Act, 2001
 The Information Technology Act, 2000
1. The Copyrights Act, 1957 (“Copyright Act”)
Copyright protects the expression of an idea rather than the idea itself. Under section 13 of the Copyright Act, a protection under copyright
can be obtained for ‘original literary, dramatic, musical and artistic works; cinematograph films; and sound recording’. Interestingly, a
copyright protection can also be obtained for computer programmes. A copyright is an ‘exclusive right’ that is granted to a person to do or
authorize to carry out certain activities with regards the copyrighted work. For eg: in case of a literary, dramatic or musical work, the owner
(or any person authorized by the owner) is permitted to perform the work; make translation(s) of such work; make adaptations of the work,
etc.
The Copyright Act, under section 17, clearly states that the author of the original work (for which protection under copyright has been
obtained) shall be the first owner of the work. Further, the owner has the right to license the copyright of their work to third-parties through a
written agreement.
In case of published literary works, dramatical works and artistic works, copyright protection shall be provided to such works for a term of 60
(sixty) years in addition to the life of the author.
Incidental to the protection awarded under a copyright, the Copyright Act, also confers certain special rights on the author, under section 57.
An author/owner of the copyright work, even after assigning the work to another person (wholly or partially), has the right to ‘claim authorship
of the work’ and the right to ‘claim damages’ with respect to any ‘distortion, mutilation or modification’ of the author’s original work, in the
event such distortion or any other act is damaging to the author’s reputation.
2. The Trade Marks Act, 1999 (“Trade marks Act”)
The Trade Marks Act, under section 2(zb) defines a ‘trade mark’ as ‘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…’. In simpler words, a trademark provides protection for symbols, colours, shapes, words, etc. representing and relating to a good or
a service.
Interestingly, a trademark application need not be filed in respect of marks which are in use (but can also be filed in respect of marks which
are intended to be used in the future). The primary requirements for registration of a trademark includes that it should consist of a mark
capable of distinguishing the goods/services from those of others and that it is capable of graphical representation. The Trade Marks Act
provides for absolute grounds of refusal of registration such as – (a) the mark not having a distinctive character; (b) a mark being
deceptive and confusing to the public; (c) if a mark is hurtful to religious sentiments; (d) the mark is offensive, scandalous, or
obscene, etc. In addition to the absolute grounds of refusal, the statute also provides for relative grounds of refusal of registration (viz.
similarity with pre-existing marks).
Further, India is a signatory to the Madrid Protocol under which a trademark can be applied for and registered internationally. However, the
prerequisite for filing and registering an international application (under the Madrid Protocol) in a foreign jurisdiction is that the mark needs to
be first filed in India.
A protection afforded from a trademark registration is imperative as it protects the brand name, logo, sound, shape, etc., and distinctively
identifies the goods/services to the brand bringing uniqueness to the mark. Also, the validity of a trademark registration is for an initial period
of 10 (ten) years which can renewed perpetually for successive period of 10 years (subject to timely filing of renewal applications).
3. The Patents Act, 1970 (“Patents Act”)
A ‘Patent’ is an intellectual property right which protects any new invention. It is an exclusive right that protects the rights of the inventor and
prevents other people to unauthorizedly use and misappropriate the registered patent.
A patent is granted for a term of 20 (twenty) years from the date of filling of the application. It is important to note that patent for a new
invention is registered only if the invention is ‘novel’ and ‘original’ i.e. it has not been introduced in the public domain in India or anywhere in
the world; is ‘capable of industrial application’ which refers to the ability of the invention to be used in an industry; and is an invention that
requires to employ a process of ‘inventive steps’, which is defined as ‘a feature of an invention that involves technical advance as compared
to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art’,
under the Patents Act.
The Patents Act bestows each inventor, whose patent has been registered, with certain rights, namely:
 with respect to a patent for a product, the right to prevent third parties form using, selling, making, importing, etc. the product
without prior consent; and
 with respect to a process for which a patent is obtained, the right to prevent third parties from using, selling, offering, etc. a
product obtained from that process, without the prior consent of the original inventor.
Further, India is a signatory to the Patent Cooperation Treaty (PCT) which permits an applicant to file an application for registration of an
international patent. Upon filing such application, an inventor can obtain patent protection in multiple countries (members of PCT),
simultaneously.
4. The Design Act, 2000 (“Design Act”)
A ‘design’ under the Designs Act [section 2(d)] means and includes ‘only the features of shape, configuration, pattern, ornaments or
composition of lines or colours, applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial
process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to an are judged
solely by the eye’.
An application for registration of an industrial design is to be made to the Controller- General of Patents, Designs and Trade Marks. However,
a design shall only be considered for registration if – (a) it is novel and an original innovation i.e., it has not been produced before or
reproduced by anyone; (b) it has not been disclosed to the public anywhere in India or outside the jurisdiction of India; and (c) it can be easily
distinguished from other known designs.
Furthermore, once a design is registered, the registered proprietor is afforded protection for an initial period of 10 (ten) years, which is
extendable (upon filing an application for extension) for a further period of 5 (five) years.
5. The Geographical Indications of Goods (Registration and Protection) Act, 1999 (“GI Act”)
Many goods in India are widely popular owing to their place of origin. For instance, ‘Darjeeling tea’ is unique and popular owing to many
factors including but not limited to its origin, the skill set of the tea farmers of Darjeeling and the weather prevailing in that area. Other such
examples of products which have a bearing of the place of origin (or factors specific to the place of origin includes Banarsi Saree; Basmati
Rice, etc).
A ‘Geographical Indication’ is defined as ‘an indication which identifies such goods as agricultural goods, natural goods or manufactured
goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or
other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods
one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or
locality as the case may be’. The GI Act covers only goods such as agricultural goods, food stuff, handicraft goods, manufactured goods, and
natural goods.
An application for registering a good under the GI Act requires a statement explaining how the geographical indication affects to the origin of
the good in terms of the quality, characteristics, and reputation of the good; the class of goods; particulars with regards the appearance of
the geographical indication and the map of the territory/area/country where the good has originated.
A registered geographical indication is awarded protection for a term of ten (10) years with the option of renewing and extending such
protection for further tenures of ten (10) years from the date of expiration of the original registration.
6. The Protection of Plant Varieties and Farmer’s Rights Act, 2001 (“Plant Varieties Act”)
The objective of the Protection of Plant Varieties and Farmer’s Right Act, 2007, is to recognize rights of Indian farmers and to provide
protection to plant varieties in order to encourage the growth and development of more plant varieties.
In 1994, India became a member to the Trade Related Aspect of Intellectual Property Rights Agreement (TRIPS) under which all members
are required to accommodate and provide for the protection of plant varieties [Article 27(3)(b) of TRIPS]. All plant varieties that have been
registered and awarded protection are entered and recorded into the National Register of Plant Varieties.
The Plant Varieties Act permits any breeder, farmer and any person as authorized, to apply for registration of a new plant variety. A new
plant variety is registrable if it satisfies the conditions of ‘novelty, distinctiveness, uniformity and stability’. To elaborate, the condition of
novelty requires that at the date of filing the application (for protection), the plant variety must not be sold. Further, distinctiveness
encompasses the requirement of having at least one distinguishing factor from all other existing and protected plant varieties. The
requirement of uniformity means that all essential characteristics of the plant variety must be uniform. Lastly, the plant variety being
registered for is required to be ‘stable’, meaning that the essential characteristics of the plant variety must remain unchanged after repeated
propagation of such plant variety.
The validity of registration for the protection of a plant variety is for a period of nine (9) years in the case of trees and vines, and for a period
of six (6) years in the case of crops, with the option of renewal of such registrations.
7. The Semiconductor Integrated Circuits Layout- Design Act, 2000 (“SICLD Act”)
A ‘semiconductor integrated circuit’ is defined as ‘a product having transistors and other circuitry elements which are inseparably formed on a
semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry
function’.
Under the SICLD Act, all layout-designs capable of being registered are required to be original; commercially unexploited anywhere in India
and in any convention countries; inherently distinctive and inherently distinguishable from other registered layout- designs. An application for
registration of design layouts has to be in writing and is required to be filed before the Registrar in the Semiconductor Integrated Circuits
Layout-Design Registry present in the territorial limits of the principal place of business of the applicant.
Further, the protection afforded to registered layout-designs is for a period of 10 (ten) years.
Conclusion
In India, there are different forms of intellectual property rights, allowing a person to obtain protection for their assets. India has actively
become party to many conventions and treaties in order to afford international recognition and protection for intellectual property rights
recognized in India. Some conventions have led India to introduce new enactments such as the Plant Variety Act, in order to award
protection to goods that represent the heritage, agricultural background and fauna of India.
Frequently Asked Questions
1. What are the different types of intellectual property rights?
In India, there are 7 types of intellectual property rights, namely – copyright, trademarks, patents, geographical indications, plant
varieties, industrial designs and semiconductor integrated circuit layout designs.
2. If I obtain a copyright registration in India, would it be recognized internationally?
Yes, since India is a signatory to the Berne Convention, a copyright registration obtained in India will be recognized in the nations which are
signatories to the Berne Convention.
3. For how long will a trademark registration be valid for?
A trademark registration is valid for a term of 10 (ten) years. A trademark registration can be renewed perpetually for succeeding periods of
10 (ten) years by filing an application for renewal.
4. What is the importance of intellectual property rights under the Geographical Indication Act?
The Geographical Indications Act, protects various types of goods including natural goods, manufactured goods, agricultural goods,
handicrafts, etc. The protection under the relevant act is primarily to protect the skill of the local artisans, craftsmen, etc. and thereby protect
their commercial interests in respect of indigenously developed products.
5. What are the factors considered by the Registrar when considering an application for protection for layout-design?
The factors considered by the registry includes: (a) whether the layout design is original; (b) whether it has been commercially exploited in
India; (c) whether it is inherently distinctive; and (d) whether it is capable of being distinguished from other registered layout- designs.
6. What is the term permissible for extension of validity under the Designs Act?
A design registration is valid for an initial period of 10 (ten) years and can be renewed once thereafter for a further period of 5 (five) years by
filing an application for renewal.

Describe the work in which copyright subsists under the Copyright Act, 1957.
As per Section 2(y) of the Copyright Act, 1957, A work means any of the following, namely, a literary, dramatic, musical or artistic work, a
cinematograph film, or a sound recording. "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.
Copyright subsists throughout India in the following classes of works:
 Original literary, dramatic, musical and artistic works;
 Cinematograph films; and
 Sound recordings.
These are the broad categories, and can be summarised as follows:
Literary works
As per Section 2(o) of the Copyright Act, 1957, the term 'Literary works' covers works that are in print or writing, irrespective of the quality of
style of the work. Literary work refers not only to works of prose and poetry, but anything that would be under the ambit of 'literature'.
However, there will be no copyright if the work is merely a collection of words, the collection of which involved no literary skill. In India, a
computer programme is treated as a "literary work" and is protected as such.
Dramatic works
As per Section 2(h) of the Copyright Act, 1957, A dramatic work includes any piece for recitation, choreographic work (Choreography is the
composition and arrangement of dance movements and patterns, often accompanied by music – the art of creating and arranging dances) or
entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a
cinematograph film.
Musical works
As per Section 2(p) of the Copyright Act, 1957, Musical work means a work consisting of music and includes any graphical notation of such
work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be
written to enjoy copyright protection.
Artistic works
As per Section 2(c) of the Copyright Act, 1957, Artistic work means a painting, a sculpture, a drawing (including a diagram, map, chart or
plan), an engraving or a photograph, whether or not any such work possesses artistic quality, a work of architecture; and any other work of
artistic craftsmanship. Any colour scheme, getup, layout, or arrangement of any alphabets or features qualifies as an artistic work.
Cinematograph films
As per Section 2(f) of the Copyright Act, 1957, Cinematograph film means any work of visual recording on any medium produced
through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual
recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including
video films.
Sound Recordings
As per Section 2(xx) of the Copyright Act, 1957, Sound recording means a recording of sounds from which sounds may be produced
regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM
are sound recordings. The Copyright Act defines sound recordings as “works that result from the fixation of a series of musical, spoken, or
other sounds but not including sounds accompanying a motion picture or other audiovisual work.” Generally, a sound recording is a recorded
performance, often of another work. Common examples of sound recordings include an audio recording of: A person singing a song or
playing a musical instrument. A person reading a book or delivering a lecture.
Copyright subsists throughout India in original literary, dramatic, musical and artistic works; cinematograph films; sound
recording;
The term of copyright for an author lasts life time of the author plus 60 years from his death.
The Copyright Office for the purpose of the Copyright Act, 1957 is currently located in New Delhi.
Copyright in a work shall be deemed to be infringed when any person, without a licence –
 does anything, the exclusive right to do conferred upon the owner of the copyright.
 Permits for profit any place to be used for the communication of the work to the public.
 Makes for sale or hire.
Where copyright in any work has been infringed, the owner of the copyright shall be entitled to civil remedies by way of
Injunction, damages, accounts.

The head office of the Trade Marks Registry is located in Mumbai. Trade mark is defined under section 2(zb) of the Trade Marks Act, 1999
as a mark capable of being represented graphically; distinguishing the goods or services of one person from those of others.
The application for registration of a trade marks to be filed in the office of the Trade Marks Registry specifying the class of the goods
according to the international system of classification of goods OR the alphabetical index of classification published by the Registrar.
The period of registration of a trade mark is ten years.
Penalty for applying false trade marks, trade descriptions, etc. shall be punishable with imprisonment for 6 months to 3 years AND fine Rs
50,000 to 2 lakh rupees
OR
Imprisonment for less than 6 months or fine less than Rs 50,000
If any person falsely representing a trade mark as registered, he shall be punishable with imprisonment upto three years or fine or both.

An application for a patent for an invention may be made by

 the true and first inventor of the invention.
 the true and first inventor in respect of the right to make such an application.
 the legal representative of any deceased person.
individually or jointly with any other person.
The patentee, in case of process patent, has the exclusive right to prevent third parties who do not have his consent, from the act of using
that process AND using, offering for sale, selling or importing.
The term of every patent granted shall be twenty years.
If any person contravenes secrecy provisions relating to certain inventions, he shall be punished with imprisonment upto two years OR fine
OR both.
If any person claims patent rights unauthorisedly, he shall be punishable with fine upto one lakh rupees.

As per section 2(d) of the Designs Act, 2000 a design does not include trade mark, property mark, artistic work.
According to Indian Law Trade Mark is the mark of the manufacturer or quality of the goods whereas Property Mark is the Mark that
shows that the particular goods or movable property belong to a certain or specific person.
As per section 4 of the Designs Act, 2000 a design shall not be registered if it is not new or original OR if it has been disclosed to the public
prior to the filing date OR if it is not significantly distinguishable from known designs.
The duration of the registration of a design is initially for ten years and shall be extended for a second period of five years.
A person may present a petition for the cancellation of the registration of a design to the Controller if the design
 has been previously registered in India.
 has been published prior to the date of registration.
 is not a design as defined under section 2(d) of the Act.
Write short notes on the following:
1. Paris convention, 1883 - 1
2. Berne convention, 1886
3. Rome Convention, 1961 - 2
 4. Universal Copyright Convention, 1952 (UCC)
5. The International Trade Organization, 1948
6. The General Agreement on Tariffs and Trade (GATT), 1947 - 2
7. World Trade Organization, 1995 (WTO) - 4
8. World Intellectual Property Organization, 1967 (WIPO) - 6
9. Patent Cooperation Treaty, 1970 (PCT)
10. Trade-Related Aspects of Intellectual Property Rights (TRIPs), 1995 - 3
11. The United Nations Environment Assembly, 2012 (UNEA):
12. The Madrid Agreement, 1891
13. Patent Agent
14. Inventions patentable and inventions not patentable.

Summary of the Paris Convention for the Protection of Industrial Property (1883)
The Paris Convention applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models (a
kind of "small-scale patent" provided for by the laws of some countries), service marks, trade names (designations under which an industrial
or commercial activity is carried out), geographical indications (indications of source and appellations of origin) and the repression of unfair
competition.
The substantive provisions of the Convention fall into three main categories: national treatment, right of priority, common rules.
(1) Under the provisions on national treatment, the Convention provides that, as regards the protection of industrial property, each
Contracting State must grant the same protection to nationals of other Contracting States that it grants to its own nationals. Nationals of non-
Contracting States are also entitled to national treatment under the Convention if they are domiciled or have a real and effective industrial or
commercial establishment in a Contracting State.
(2) The Convention provides for the right of priority in the case of patents (and utility models where they exist), marks and industrial
designs. This right means that, on the basis of a regular first application filed in one of the Contracting States, the applicant may, within a
certain period of time (12 months for patents and utility models; 6 months for industrial designs and marks), apply for protection in any of the
other Contracting States. These subsequent applications will be regarded as if they had been filed on the same day as the first application.
In other words, they will have priority (hence the expression "right of priority") over applications filed by others during the said period of time
for the same invention, utility model, mark or industrial design. Moreover, these subsequent applications, being based on the first application,
will not be affected by any event that takes place in the interval, such as the publication of an invention or the sale of articles bearing a mark
or incorporating an industrial design. One of the great practical advantages of this provision is that applicants seeking protection in several
countries are not required to present all of their applications at the same time but have 6 or 12 months to decide in which countries they wish
to seek protection, and to organize with due care the steps necessary for securing protection.
(3) The Convention lays down a few common rules that all Contracting States must follow. The most important are:
(a) Patents. Patents granted in different Contracting States for the same invention are independent of each other: the granting of a patent
in one Contracting State does not oblige other Contracting States to grant a patent; a patent cannot be refused, annulled or terminated in any
Contracting State on the ground that it has been refused or annulled or has terminated in any other Contracting State.
The inventor has the right to be named as such in the patent.
The grant of a patent may not be refused, and a patent may not be invalidated, on the ground that the sale of the patented product, or of a
product obtained by means of the patented process, is subject to restrictions or limitations resulting from the domestic law.
Each Contracting State that takes legislative measures providing for the grant of compulsory licenses to prevent the abuses which might
result from the exclusive rights conferred by a patent may do so only under certain conditions. A compulsory license (a license not granted
by the owner of the patent but by a public authority of the State concerned), based on failure to work or insufficient working of the patented
invention, may only be granted pursuant to a request filed after three years from the grant of the patent or four years from the filing date of
the patent application, and it must be refused if the patentee gives legitimate reasons to justify this inaction. Furthermore, forfeiture of a
patent may not be provided for, except in cases where the grant of a compulsory license would not have been sufficient to prevent the
abuse. In the latter case, proceedings for forfeiture of a patent may be instituted, but only after the expiration of two years from the grant of
the first compulsory license.
(b) Marks. The Paris Convention does not regulate the conditions for the filing and registration of marks which are determined in each
Contracting State by domestic law. Consequently, no application for the registration of a mark filed by a national of a Contracting State may
be refused, nor may a registration be invalidated, on the ground that filing, registration or renewal has not been effected in the country of
origin. The registration of a mark obtained in one Contracting State is independent of its possible registration in any other country, including
the country of origin; consequently, the lapse or annulment of the registration of a mark in one Contracting State will not affect the validity of
the registration in other Contracting States.
Where a mark has been duly registered in the country of origin, it must, on request, be accepted for filing and protected in its original form
in the other Contracting States. Nevertheless, registration may be refused in well-defined cases, such as where the mark would infringe the
 acquired rights of third parties; where it is devoid of distinctive character; where it is contrary to morality or public order; or where it is of such
a nature as to be liable to deceive the public.
If, in any Contracting State, the use of a registered mark is compulsory, the registration cannot be canceled for non-use until after a
reasonable period, and then only if the owner cannot justify this inaction.
Each Contracting State must refuse registration and prohibit the use of marks that constitute a reproduction, imitation or translation, liable to
create confusion, of a mark used for identical and similar goods and considered by the competent authority of that State to be well known in
that State and to already belong to a person entitled to the benefits of the Convention.
Each Contracting State must likewise refuse registration and prohibit the use of marks that consist of or contain, without authorization,
armorial bearings, State emblems and official signs and hallmarks of Contracting States, provided they have been communicated through
the International Bureau of WIPO. The same provisions apply to armorial bearings, flags, other emblems, abbreviations and names of certain
intergovernmental organizations.
Collective marks must be granted protection.
(c) Industrial Designs. Industrial designs must be protected in each Contracting State, and protection may not be forfeited on the ground
that articles incorporating the design are not manufactured in that State.
(d) Trade Names. Protection must be granted to trade names in each Contracting State without there being an obligation to file or register
the names.
(e) Indications of Source. Measures must be taken by each Contracting State against direct or indirect use of a false indication of the
source of goods or the identity of their producer, manufacturer or trader.
(f) Unfair competition. Each Contracting State must provide for effective protection against unfair competition.
The Paris Union, established by the Convention, has an Assembly and an Executive Committee. Every State that is a member of the Union
and has adhered to at least the administrative and final provisions of the Stockholm Act (1967) is a member of the Assembly. The members
of the Executive Committee are elected from among the members of the Union, except for Switzerland, which is a member ex officio. The
establishment of the biennial program and budget of the WIPO Secretariat – as far as the Paris Union is concerned – is the task of its
Assembly.
The Paris Convention, concluded in 1883, was revised at Brussels in 1900, at Washington in 1911, at The Hague in 1925, at London in
1934, at Lisbon in 1958 and at Stockholm in 1967, and was amended in 1979.
The Convention is open to all States. Instruments of ratification or accession must be deposited with the Director General of WIPO.

1. Paris Convention, 1883 for the Protection of Industrial Property

This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other
countries.
The Paris Convention, adopted in 1883, applies to industrial property in the widest sense, including patents, trademarks, industrial
designs, utility models (a kind of "small-scale patent" provided for by the laws of some countries), service marks, trade names
(designations under which an industrial or commercial activity is carried out), geographical indications (indications of source and
appellations of origin) and the repression of unfair competition.
The substantive provisions of the Convention fall into three main categories: national treatment, right of priority, common rules.
1. National treatment for Nationals of Countries of the Union
The Paris Convention stipulates that each Contracting Nation must treat all nationals from the Convention’s member states as
equal when granting intellectual property protection (Paris Convention Article 2 and 3).
Article 2 - [National Treatment for Nationals of Countries of the Union]
(1) Nationals of any country of the Union shall, as regards the protection of industrial property, enjoy in all the other countries of the Union
the advantages that their respective laws now grant, or may hereafter grant, to nationals; all without prejudice to the rights specially
provided for by this Convention.
Consequently, they shall have the same protection as the latter, and the same legal remedy against any infringement of their rights,
provided that the conditions and formalities imposed upon nationals are complied with.
(2) However, no requirement as to domicile or establishment in the country where protection is claimed may be imposed upon nationals of
countries of the Union for the enjoyment of any industrial property rights.
(3) The provisions of the laws of each of the countries of the Union relating to judicial and administrative procedure and to jurisdiction, and
to the designation of an address for service or the appointment of an agent, which may be required by the laws on industrial property are
expressly reserved.
Article 3 - [Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union]
Nationals of countries outside the Union who are domiciled or who have real and effective industrial or commercial establishments in the
territory of one of the countries of the Union shall be treated in the same manner as nationals of the countries of the Union.
2. Right of Priority
Regarding patents, trademarks, and industrial designs, the Convention grants the right of protection based on a first come first
served basis (Paris Convention Article 4).
Meaning, the first intellectual property claim filed in a member state takes precedent over future filings made in other member
countries.
As such, applicants can apply for intellectual property protection in any other member state using the date of the first filing.
However, the provision is only applicable within a specified time period.
Specifically, 12 months from the first filing for patents and utility models, and 6 months for industrial designs and trademarks.
This stipulation is especially helpful since intellectual property protection remains widely territorial, only having jurisdiction in a single
country or within trade unions or other regional agreements.
As such, applicants can use this provision to leverage time to apply for protection in multiple jurisdictions without the pressure
of making multiple simultaneous applications.
3. Common Rules
The Paris Convention outlines a few general rules that its signatory states must follow:
o Patents granted for different member states for the same invention must operate independently. In fact, whether a patent is granted,
cancelled, or declined in one country does not affect the status of that patent in other countries. Also, the provision requires that
the inventor be named in granted patents.
o Trademark registration requirements are not regulated by the Paris Convention. Instead, each member state must determine
its own guidelines based on its local laws. Similarly, registered marks must operate independently without undue influence from
other member countries. Also, member countries cannot refuse to register a mark because the mark is not registered in its
country of origin. However, registration may be denied in well-defined cases, for instance where the application is preceded by a
locally existing claim or infringes on the rights of a third party.
Conclusion
The Paris Convention of 1883 dealt with unfair competition at the most minimalistic and least controversial level. Much was left to the
national laws to determine on their own.
The bilateral agreements entered into between countries that subsequently became the Member States to the Paris Convention were no
longer necessary, as the Paris Convention provided either the same or more rights to nationals of Member States than they had been
previously granted under such bilateral agreements.
Currently, 176 States all over the world have signed the Paris Convention and provides common standards for Intellectual Property
protection in member states.
On Monday, September 7, 1998, India deposited its instrument of accession ("Accession" is the act whereby a state accepts the
offer or the opportunity to become a party to a treaty already negotiated and signed by other states) to two international treaties
with the Director General of WIPO in Geneva.
The two treaties were the Paris Convention for the Protection of Industrial Property, 1883 and the Patent Cooperation Treaty,
1970 (PCT).

Alternative long answer

The Paris Convention remains a critical treaty in the protection and enforcement of intellectual property rights in the global economy.
Introduction
The Paris Convention for the Protection of Industrial Property, commonly known as the Paris Convention, is an international treaty that sets
out the framework for the protection of intellectual property (IP) rights such as patents, trademarks, industrial designs, and trade names. It
was first adopted in Paris on March 20, 1883, and has been revised several times since then. The latest revision of the Paris Convention was
adopted in Stockholm in 1967, and it currently has 177 member countries.
The Paris Convention is one of the oldest and most important international agreements on intellectual property. It aims to provide a
framework for the protection of IP rights and to promote the development of international trade by establishing a level playing field for all
countries.

One of the key principles of the Paris Convention is the principle of national treatment. This principle requires member countries to
treat the nationals of other member countries in the same way that they treat their own nationals with respect to the protection of IP rights. In
other words, a foreign applicant must be given the same protection as a domestic applicant. This principle aims to ensure that there is no
discrimination against foreign applicants, and it helps to promote the international exchange of ideas and technology.
Another important principle of the Paris Convention is the principle of priority. This principle allows an applicant who has filed a
patent, trademark, or industrial design application in one member country to claim priority for the same application in another member
country, provided that the second application is filed within a certain time period (usually six months). This principle allows applicants to
secure protection for their inventions, trademarks, and designs in multiple countries without having to go through the process of filing
separate applications in each country.

The Paris Convention also sets out rules for the protection of trademarks and trade names. It requires member countries to provide
protection for trademarks and trade names that are distinctive and not misleading, and it prohibits the registration of trademarks that are
likely to cause confusion with existing trademarks or trade names. The Convention also establishes a system for the registration of
trademarks and trade names, which allows applicants to register their marks in multiple countries through a single application.

In addition to trademarks and trade names, the Paris Convention provides for the protection of industrial designs. Member countries
are required to provide protection for original designs that are new and distinctive, and they must establish a system for the registration of
industrial designs. The Convention also establishes rules for the protection of patents, which are exclusive rights granted to inventors for their
inventions. The Convention requires member countries to provide protection for patents that are new, inventive, and capable of industrial
application.

The Paris Convention also includes provisions on the enforcement of IP rights. Member countries are required to provide effective remedies
for the infringement of IP rights, including injunctive relief, damages, and other appropriate remedies. The Convention also provides for
cooperation between member countries in the enforcement of IP rights, and it establishes a system for the exchange of information on IP
rights between member countries.

The Paris Convention for the Protection of Industrial Property, commonly known as the Paris Convention, has a long and complex history
that spans more than a century. The Convention was first adopted in Paris on March 20, 1883, and has been revised several times since
then. Here is a brief overview of the historical development of the Paris Convention:
 Adoption of the Paris Convention in 1883: The Paris Convention was adopted on March 20, 1883, by 11 countries, including
France, Belgium, and Switzerland. The Convention was the first international treaty that aimed to provide a framework for the
protection of intellectual property rights such as patents, trademarks, and industrial designs. Expansion of the Paris Convention in
the early 20th century: In the early 20th century, the Paris Convention was expanded to include more countries. By 1914, there
were 29 member countries, including the United States, Japan, and Australia.
 Revision of the Paris Convention in 1925: In 1925, the Paris Convention was revised to include new provisions on trademarks,
trade names, and unfair competition. The revision also introduced the principle of national treatment, which required member
countries to treat foreign applicants the same as domestic applicants.
 Revision of the Paris Convention in 1934: In 1934, the Paris Convention was revised again to include new provisions on industrial
designs. The revision also introduced the principle of reciprocity, which required member countries to provide protection for
intellectual property rights to nationals of other member countries on a reciprocal basis.
 Revision of the Paris Convention in 1958: In 1958, the Paris Convention was revised to include new provisions on patents. The
revision introduced the concept of the "inventive step," which required that an invention must not be obvious to a person skilled in
the relevant field in order to be patentable.
 Revision of the Paris Convention in 1967: The most recent revision of the Paris Convention was adopted in Stockholm in 1967.
The revision expanded the scope of the Convention to include new types of intellectual property, such as layout designs
(topographies) of integrated circuits. It also strengthened the provisions on the enforcement of intellectual property rights and
introduced the principle of priority, which allows an applicant who has filed a patent, trademark, or industrial design application in
one member country to claim priority for the same application in another member country.
Today, the Paris Convention has 177 member countries and is one of the oldest and most important international agreements on intellectual
property. Its provisions continue to provide a framework for the protection of intellectual property rights and promote the development of
international trade.
Merit of Paris convention for the protection of Intellectual Property Rights
The Paris Convention for the Protection of Industrial Property, commonly known as the Paris Convention, has several merits that have made
it an important international agreement on intellectual property. Here are some of the key merits of the Paris Convention:
 Protection of Intellectual Property Rights: The Paris Convention provides a framework for the protection of intellectual property
rights such as patents, trademarks, and industrial designs. It sets minimum standards for the protection of these rights in member
countries, which helps to prevent the unauthorized use and exploitation of intellectual property. National Treatment: The Paris
Convention requires member countries to provide foreign applicants with the same protection for their intellectual property rights
 as they provide to their own nationals. This principle of national treatment helps to ensure that foreign investors and businesses
are not discriminated against in member countries. Reciprocity: The Paris Convention also promotes reciprocity in the protection
of intellectual property rights. Member countries are required to provide protection to the nationals of other member countries on a
reciprocal basis. This helps to create a level playing field for businesses and investors from different countries.
 Priority: The Paris Convention allows an applicant who has filed a patent, trademark, or industrial design application in one
member country to claim priority for the same application in another member country. This principle of priority helps to simplify the
application process for intellectual property rights and reduces the administrative burden on businesses and investors.
 Enforcement of Intellectual Property Rights: The Paris Convention includes provisions on the enforcement of intellectual property
rights, which help to prevent the infringement of these rights. Member countries are required to provide effective legal remedies
and procedures for the enforcement of intellectual property rights.
 Promotion of International Cooperation: The Paris Convention promotes international cooperation in the field of intellectual
property. Member countries are encouraged to exchange information and experiences on the protection and enforcement of
intellectual property rights. This helps to promote the development of international trade and the exchange of technology and
knowledge. The Paris Convention has played an important role in promoting the protection and enforcement of intellectual
property rights, and has helped to create a more level playing field for businesses and investors from different countries. Its
provisions continue to be relevant today and provide a foundation for the development of international standards for intellectual
property rights.
Drawbacks of Paris convention for the protection of Intellectual Property Rights
While the Paris Convention for the Protection of Industrial Property has many merits, it has also been subject to criticism over the years.
Some of the main criticisms of the Paris Convention include:
 Lack of Flexibility: One of the criticisms of the Paris Convention is that its provisions are not flexible enough to accommodate the
varying needs of different countries. Some critics argue that the one-size-fits-all approach of the Convention may not be suitable
for developing countries or countries with different legal systems.
 Imbalance of Interests: Another criticism of the Paris Convention is that it tends to favor the interests of developed countries and
multinational corporations over the interests of developing countries and small businesses. Critics argue that the Convention's
provisions on intellectual property rights may limit the access of developing countries to technology and knowledge, and may lead
to a concentration of power and wealth in the hands of a few.
 Costly and Time-Consuming: The process of obtaining and enforcing intellectual property rights under the Paris Convention can
be costly and time-consuming, particularly for small businesses and individuals. This may limit the ability of these stakeholders to
compete on a level playing field with larger businesses and corporations.
 Inadequate Protection of Traditional Knowledge: Some critics argue that the Paris Convention does not adequately protect
traditional knowledge, which is often held by indigenous communities and is an important part of cultural heritage. They argue that
the Convention's provisions on intellectual property rights may lead to the misappropriation of traditional knowledge by
corporations and other entities.
 Conflict with other International Agreements: The Paris Convention has been criticized for conflicting with other international
agreements, particularly those related to trade and development. Critics argue that the Convention's provisions may limit the
ability of developing countries to promote their own economic and social development.

Overall, while the Paris Convention has played an important role in promoting the protection and enforcement of intellectual property rights, it
has also been subject to criticism for its perceived limitations and imbalances. It is important for policymakers to consider these criticisms and
address them in order to ensure that the benefits of intellectual property rights are distributed fairly and equitably.

2. Berne Convention, 1886 for the Protection of Literary and Artistic Works
The Berne Convention, adopted in 1886, deals with the protection of works and the rights of their authors.
It provides creators such as authors, musicians, poets, painters etc. with the means to control how their works are used, by whom,
and on what terms.
It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special
provisions available to developing countries that want to make use of them.
The Berne Convention is an international agreement that came into being in 1886 and was adopted by 8 countries including the UK.
The agreement was first signed in Switzerland and today it has spread to regulate laws in more than 177 countries across the
world.
As of October 2022, there are 181 states that are parties to the Berne Convention.
India is a member of the Berne Convention of 1886 (as modified in Paris 1971) as well as the Universal Copyright Convention of
1951.
As recent as 2018, India has also given it acceded to the WIPO Internet Treaties, i.e. the WIPO Copyright Treaty, 1986 (WCT) and
the WIPO Performance and Phonogram Treaty, 1996 (WPPT).
These treaties are together called the WIPO Internet Treaties owing to the emphasis they put on the protection of rights in the
digital environment.
The basic focus of the Berne Convention is to extend the scope of security of the artists’ and authors’ creations beyond the
territories of their native land.
If you are an Arab who publishes a book in the UK, then the Berne Convention will cover you as an author.
Article 2 of the treaty endeavors to guard the originality of all literary works.
Fundamental Principles of the Berne Convention
1. The first and basic principle stated in the Berne Convention speaks of equitable status on the protection of literary and artistic creations
that come into being from a contracting state.
2. The second principle of the Berne Convention upholds automatic protection of all works, regardless of any legal formalities for
protection.
This means that there are no prerequisites or conditions for authors and publishers to use the © symbol.
However, it would be best to get a copyright registered for protection and enforcement purposes and to avoid the fear of being infringed
upon.
Of course, this would also bring to your table a host of distinct advantages.
3. The final principle of the treaty guarantees protection to artistic and literary works and is independent of the protection terms in the
country where the work originated, with limited exceptions.
What type of Copyright protection does it offer?
The Berne Convention has defined a minimum protection period of 50 years after the demise of the author for all tangible works.
The only exception to the protection term is for the works of photography and cinematography.
In this case, the minimum protection period for a photograph is 25 years from the year the picture was clicked and for
cinematography, 50 years from the date of creation or publication.
The treaty ensures that the rights of these creative individuals remain intact with them.
Berne Convention also assures artists and authors of legitimate flexibility to exercise control over their masterwork in terms of adapting,
disseminating, and reproducing it.
Apart from laying the foundation for a unified and unbiased approach to recognizing the copyright of works from other countries, the
international enactment expects its adherent countries to also deliver a set of minimum standards and to seek special provisions when it
comes to enforcing copyright laws.

3. Rome Convention, 1961 for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
The Rome Convention secures protection in performances for performers, in phonograms for producers of phonograms and in broadcasts
for broadcasting organizations.
Phonogram: A group of letters which share the same letter combination associated with a sound, such as rhyming words.
https://youtu.be/zjR7P_3xkfo?t=2
Simply put, phonogram producers are the entities or individuals who finance the creation of the sound recording and are therefore the
owners of the sound recordings. In larger territories like the US and UK, the phonogram producer is usually the record company or record
label.
The Conference was held at Rome at the invitation of the Government of Italy from 10 to 26 October 1961.
Summary of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations
(1961)
The Rome Convention secures protection in performances for performers, in phonograms for producers of phonograms and in broadcasts
for broadcasting organizations.
(1) Performers (actors, singers, musicians, dancers and those who perform literary or artistic works) are protected against certain acts to
which they have not consented, such as the broadcasting and communication to the public of a live performance; the fixation of the live
performance; the reproduction of the fixation if the original fixation was made without the performer's consent or if the reproduction was made
for purposes different from those for which consent was given.
(2) Producers of phonograms have the right to authorize or prohibit the direct or indirect reproduction of their phonograms. In the Rome
Convention, “phonograms” means any exclusively aural fixation of sounds of a performance or of other sounds. Where a phonogram
published for commercial purposes gives rise to secondary uses (such as broadcasting or communication to the public in any form), a single
equitable remuneration must be paid by the user to the performers, to the producers of the phonograms, or to both. Contracting States are
free, however, not to apply this rule or to limit its application.
(3) Broadcasting organizations have the right to authorize or prohibit certain acts, namely the rebroadcasting of their broadcasts; the
fixation of their broadcasts; the reproduction of such fixations; the communication to the public of their television broadcasts if such
communication is made in places accessible to the public against payment of an entrance fee.
The Rome Convention allows for limitations and exceptions to the above-mentioned rights in national laws as regards private use, use of
short excerpts in connection with reporting current events, ephemeral fixation by a broadcasting organization by means of its own facilities
and for its own broadcasts, use solely for the purpose of teaching or scientific research and in any other cases where national law provides
exceptions to copyright in literary and artistic works. Furthermore, once a performer has consented to the incorporation of a performance in a
visual or audiovisual fixation, the provisions on performers' rights have no further application.
As to duration, protection must last at least until the end of a 20-year period computed from the end of the year in which (a) the fixation was
made, for phonograms and for performances incorporated therein; (b) the performance took place, for performances not incorporated in
phonograms; (c) the broadcast took place. However, national laws increasingly provide for a 50-year term of protection, at least for
phonograms and performances.
WIPO is responsible, jointly with the International Labour Organization (ILO) and the United Nations Educational, Scientific and
Cultural Organization (UNESCO), for the administration of the Rome Convention. These three organizations constitute the
Secretariat of the Intergovernmental Committee set up under the Convention consisting of the representatives of 12 Contracting
States.
The Convention does not provide for the institution of a Union or budget. It establishes an Intergovernmental Committee composed of
Contracting States that considers questions concerning the Convention.
This Convention is open to States party to the Berne Convention for the Protection of Literary and Artistic Works (1886) or to the Universal
Copyright Convention. Instruments of ratification or accession must be deposited with the Secretary-General of the United Nations. States
may make reservations with regard to the application of certain provisions.
As of August 2021, the treaty has 96 contracting parties, with a party defined as a State which has consented to be bound by the
treaty and for which the treaty is in force.
India is not a signatory to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations (Rome Convention) even though research indicates that national industries of culturally rich developing countries
have much to gain from it. It has not even acceded to the Beijing Treaty on the Audiovisual Performances (BTAP), the most recent
international copyright treaty aimed at protecting the audio visual services industry despite the fact that India has the largest audio
visual industry in the world.

4. The Universal Copyright Convention, 1952 (UCC)

The Universal Copyright Convention (UCC) is an international instrument which was drawn up in 1952, in Geneva, under the auspices of
UNESCO as an alternative to the Berne convention.
The convention came into force in 1955.
If it were to be as universal as its title claims, the Convention not only had to recognize copyright as a human right but also to act as a kind of
bridge between the world's different legal and social systems.
As an attempt to devise a legal common denominator which would foster respect for the rights of creators and also encourage the
international circulation of literary, scientific and artistic works, the UCC had a dual thrust.
Before the Second World War, steps had already been taken to remedy the paradoxical situation whereby the United States was cut off,
legally speaking, from the countries of Europe and Asia which since 1886 had become signatories to the Berne Convention – the
International Convention for the Protection of Literary and Artistic Works.
Under United States law authors could only be protected if they carried out certain administrative formalities such as registering their work
with the US Copyright Office.
This legislation had affinities with that relating to industrial property, which only recognized an inventor's rights if his or her invention had
been registered.
This requirement stood in the way of the United States' accession to the Berne Convention, which enshrines the principle that a work is
protected purely by virtue of its creation.
There was thus no legal mechanism whereby a work originating in the United States could be protected in Japan or in the countries of
Western Europe, or whereby a work originating in the latter countries could be protected in the United States except when the requirements
of American law were observed.
The Universal Copyright Convention of 1952 provides a simple and ingenious solution to this problem.
It prescribes that the formalities required by the national law of a contracting state shall be considered to be satisfied if all the copies of a
work originating in another contracting state carry the symbol ©, accompanied by the name of the copyright owner and the year of first
publication.
Ratified by the United States and by almost all the states parties to the Berne Convention, the UCC has successfully served its purpose as a
pathway of communication between different legal systems, while also improving the international protection of intellectual works.
The creators of the UCC set themselves another goal in relation to the universality asserted by its title.
They wished to anticipate and provide for the prospect following the Second World War of a considerable increase in the number of
sovereign states as a consequence of decolonization.
Legal norms for the protection of authors should be sufficiently flexible and open to accommodate states at different stages of development,
or states belonging to different economic and social systems.
These norms could thus not be as precise and restrictive as those of the Berne Convention, while nevertheless providing sufficient
recognition of authors’ rights.
The 1952 Convention satisfies these two conditions. Its protective norms are expressed in the form of general principles which can be given
different shades of interpretation depending on the specific identity of each state.
The Convention limits the term of protection of copyright to twenty-five years after an author's death, thus permitting the accession of the
USSR. But correlatively the Convention provides for the works of the citizens of each contracting state the same protection in other
contracting states as it does for the works of authors belonging to those states.
The prohibition of any discrimination in a given state between authors who are nationals of that state and foreign authors who may invoke the
Convention is evidence of a universal concept of the protection of intellectual works.
The 1952 Convention created a legal structure which could accommodate the United States, the USSR, the industrially developed countries
and the developing countries.
It also influenced its predecessor, the Berne Convention.
Fruitful cooperation led to the closer alignment of the two Conventions, which were revised in 1971.
This revision gave concrete form to the twofold movement initiated in 1952 by the UCC: furtherance of the legal rights of creators and
acknowledgement of the specific needs of developing countries.
Since almost all countries are either members or aspiring members of the World Trade Organization (WTO), and thus comply with
the Agreement on Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), the UCC has lost significance.
India is a member of most prestigious international copyright conventions governing the area of copyright law, including the
following:
 The Berne Convention of 1886 (modified in 1971 at Paris),
 The Universal Copyright Convention of 1951,
 The Rome Convention of 1961
 The Agreement on (TRIPS) Trade-Related Aspects of Intellectual Property Rights
 Earlier, India was not a member of the (WTC) WIPO Copyright Treaty and (WPPT) the WIPO Performances and Phonograms
Treaty but subsequently entered the treaty in 2013.

5. The International Trade Organization (ITO)

On 18 February 1946 the Economic and Social Council of the United Nations decided to call an International Conference on Trade and
Employment.
At the same time, the Council established a Preparatory Committee to prepare, for consideration at the Conference, an agenda and a draft
charter for an International Trade Organization.
The Preparatory Committee first met on 15 October 1946 and completed its work on the draft charter on 22 August 1947.
The United Nations Conference on Trade and Employment, held at" Havana from 21 November 1947 to 24 March 1948, drew up the final
text of the charter (officially known as the "Havana Charter").
Fifty-four of the 56 countries participating in the Conference signed the Final Act of the Conference, which authenticated the text of the
Havana Charter. As provided in the Havana Charter, the objectives of the International Trade Organization are:
 to assure a large and steadily growing volume of real income and effective demand;
 to increase the production, consumption, and exchange of goods;
 to help promote industrial and general economic development, particularly of those countries in the early stages of industrial
development ;
 to encourage the international flow of capital for productive investment ;
  to further the enjoyment by all countries on equal terms of access to the markets, products, and productive facilities needed for
their economic prosperity and development ;
 to promote the reduction of tariffs and other trade barriers and the elimination of discriminatory, treatment in international
commerce;
 to enable countries, by increasing opportunities fer their trade and development, to abstain from measures 'disrupting world
commerce and reducing employment; and
 to facilitate the solution of problems relating to international trade in the fields of employment, economic development, commercial
policy, business practices, and commodity policy.
Explain the important provisions of the General Agreement on Tariffs and Trade, 1947.
6.The General Agreement on Tariffs and Trade, 1947 (GATT)
INTERIM ARRANGEMENTS AND POSTPONEMENT OF ITO
The Interim Commission (ICITO) established by the Havana Conference, composed of 52 countries which approved the resolution
establishing it, held its first meeting in Havana on 20 March 1948 and elected and delegated its powers to an Executive Committee of
eighteen members.
The Executive Committee met in Havana on 24 March 1948 and again at Geneva from 25 August t« 15 September 1948.
The main task of the Interim Commission was' to prepare the ground for the first session of ITO, including a plan of work for the first year of
the Organization, the budget, the site for ITO headquarters, relations with the United Nations, the specialized agencies and other inter- and
nongovernmental organizations.
The Havana conference began on 21 November 1947, less than a month after GATT was signed.
The ITO Charter was finally agreed in Havana in March 1948, but ratification in some national legislatures proved impossible.
The most serious opposition was in the US Congress, even though the US government had been one of the driving forces.
In 1950, the United States government announced that it would not seek Congressional ratification of the Havana Charter, and the
ITO was effectively dead.
So, the GATT became the only multilateral instrument governing international trade from 1948 until the WTO was established in
1995.
THE GENERAL AGREEMENT ON TARIFFS AND TRADE, 1947 (GATT)
While the charter for ITO was in course of preparation, the members of the Preparatory Committee decided to proceed with tariff negotiations
among themselves instead of waiting for the Organization to come into existence, thereby promoting one of the most important objectives of
ITO.
The Preparatory Committee also sponsored the discussions which led to the formulation of the General Agreement on Tariffs and Trade
(GATT).
The tariff negotiations were held at Geneva from 10 April 1947 to 30 October 1947 when the 23 participating countries signed a
Final Act which authenticated the text of the GATT.
The General Agreement on Tariffs and Trade (GATT), signed in 1947 by 23 countries, is a treaty minimizing barriers to international
trade by eliminating or reducing quotas, tariffs, and subsidies.
It was intended to boost economic recovery after World War II.
GATT was expanded and refined over the years, leading to the creation in 1995 of the World Trade Organization (WTO), which
absorbed the organization created to implement GATT.
By then, 125 nations were signatories to its agreements, which covered about 90% of global trade.
KEY TAKEAWAYS
 The General Agreement on Tariffs and Trade (GATT) was signed by 23 countries in October 1947, after World War II, and
became law on Jan. 1, 1948.
 The purpose of the GATT was to make international trade easier.
 The GATT held eight rounds in total, from April 1947 to December 1993, each with significant achievements and outcomes.5
 In 1995, the GATT was absorbed into the World Trade Organization (WTO), which extended it.
History of the General Agreement on Tariffs and Trade (GATT)
The GATT held eight rounds of meetings—the first beginning in April 1947, the last ending in December 1993. Each of the conferences had
significant achievements and outcomes.
 The first meeting was in Geneva, Switzerland, and included 23 countries. The focus of this opening conference was on tariffs.
The members established tax concessions touching more than US$10 billion of trade around the globe.
 The second series of meetings began in April 1949 and were held in Annecy, France. Again, tariffs were the primary topic.
Thirteen countries were at the second meeting, and they accomplished an additional 5,000 tax concessions reducing tariffs.
 Starting in September 1950, the third series of GATT meetings occurred in Torquay, England. This time 38 countries were
involved, and almost 9,000 tariff concessions passed, reducing tax levels by as much as 25%.
  Japan became involved in the GATT for the first time in 1956 at the fourth meeting along with 25 other countries.
The meeting was in Geneva, and again the committee reduced worldwide tariffs, this time by US$2.5 billion.
This series of meetings and reduced tariffs would continue, adding new GATT provisions in the process. In 1964, the GATT began to work
toward curbing predatory pricing policies. These policies are known as dumping. Then in the 1970s, an arrangement regarding international
trade in textiles, known as the Multifibre Arrangement (MFA), came into force. The next big event was the Uruguay Round, which lasted from
1986 to 1993, with the agreements signed in 1994, and created the WTO.
The average tariff rate fell from around 22% when the GATT was first signed in Geneva in 1947 to around 5% by the end of the Uruguay
Round. As the years have passed, the countries continued to attack global issues, including addressing agriculture disputes and working to
protect intellectual property.
Why was the GATT replaced by the World Trade Organization (WTO)?
The GATT, though largely successful in its goal, was said to lack a coherent institutional structure.
From 1948 to 1994, the General Agreement on Tariffs and Trade (GATT) provided the rules for much of world trade and presided over
periods that saw some of the highest growth rates in international commerce.
It seemed well-established, but throughout those 47 years, it was a provisional agreement and organization.
In short, it was a legal agreement acting as an international organization.
Seven rounds of negotiations occurred under GATT before the eighth round—the Uruguay Round—concluded in 1994 with the
establishment of the World Trade Organization (WTO) as the GATT's replacement.
The GATT principles and agreements were adopted by the WTO, which was charged with administering and extending them.
The World Trade Organization (WTO) incorporates the principles of the GATT and is better positioned to carry them out because, among
other things, it is better versed in issues like intellectual property, has a faster dispute settlement system, and wields more power.
7. The World Trade Organization (WTO)
There are a number of ways of looking at the World Trade Organization.
It is an organization for trade opening.
It is a forum for governments to negotiate trade agreements.
It is a place for them to settle trade disputes.
It operates a system of trade rules.
Essentially, the WTO is a place where member governments try to sort out the trade problems they face with each other.
What does it do ?
The World Trade Organization — the WTO — is the international organization whose primary purpose is to open trade for the benefit of all.
The WTO is run by its member governments.
All major decisions are made by the membership as a whole, either by ministers (who usually meet at least once every two years) or by their
ambassadors or delegates (who meet regularly in Geneva).
What it stands for ?
The WTO agreements are lengthy and complex because they are legal texts covering a wide range of activities.
But a number of simple, fundamental principles run throughout all of these documents.
These principles are the foundation of the multilateral trading system.
10 things the WTO can do are
The WTO can ...
1 ... cut living costs and raise living standards
2 ... settle disputes and reduce trade tensions
3 ... stimulate economic growth and employment
4 ... cut the cost of doing business internationally
5 ... encourage good governance
6 ... help countries develop
7 ... give the weak a stronger voice
8 ... support the environment and health
9 ... contribute to peace and stability
10 ... be effective without hitting the headlines
India has been a WTO member since 1 January 1995 and a member of GATT since 8 July 1948.
What do you mean by WIPO (World Intellectual Property Organization) ? Discuss in detail the objectives, functions and activities of
WIPO.
8. World Intellectual Property Organization, 1967 (WIPO)
The World Intellectual Property Organization (WIPO) is one of the 15 specialized agencies of the United Nations (UN).
Pursuant to the 14th July, 1967 convention at Stockholm establishing the World Intellectual Property Organization, WIPO was created to
promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. The
Headquarters of WIPO is at Geneva.
It began operations on 26 April 1970 when the convention entered into force.
The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term
on 1 October 2020.
The objectives of WIPO are:
 To promote the protection of intellectual property worldwide.
 To ensure administrative cooperation among the Intellectual Property Unions established by the treaties that WIPO administers;
 To harmonise national intellectual property legislation and procedures;
  Provide services for international applications for intellectual property rights;
 Exchange information on intellectual property;
 Provide legal and technical assistance to developing countries;
 Facilitate the resolution of private intellectual property disputes; and
 Marshal information technology as a tool for storing, accessing and using valuable intellectual property information.
Functions of WIPO:
 WIPO services provide efficient and cost-effective solutions across the entire intellectual property life cycle, helping to protect
inventions, trademarks, designs and geographical indications internationally;
 resolve intellectual property and domain name disputes; and – access global intellectual property data.
 WIPO's activities include hosting forums to discuss and shape international IP rules and policies, providing global services such
as providing reports and statistics on the state of IP protection or innovation both globally and in specific countries.
 WIPO also works with governments, nongovernmental organizations (NGOs), and individuals to utilize IP for socioeconomic
development.
Activities of WIPO are:
 A fundamental and enduring part of WIPO’s activities in promoting the protection of intellectual property is the progressive
development and application of international norms and standards.
 WIPO administers 26 international treaties that concern a wide variety of intellectual property issues, ranging from the protection
of audiovisual works to establishing international patent classification.
 Designed to provide comprehensive education and training programmes at national and regional levels for officials dealing with
intellectual property, including those concerned with enforcement and; for traditional and new groups of users, on the value of
intellectual property and how to create their own economic assets through better use of the intellectual property system.
 Programmes designed to provide extensive computerization assistance to help developing countries acquire the information
technology resources (both in human and material terms) to streamline administrative procedures for managing and administering
their own intellectual property resources, and to participate in WIPO, global information network.
 Programmes designed to provide financial assistance to facilitate participation in WIPO activities and meetings, especially those
concerned with the progressive development of new international norms and practices.
Organs of WIPO
 WIPO is governed by the General Assembly and the Coordination Committee, which together set policy and serve as the main
decision making bodies.
 WIPO allowed members who were part of the Berne Convention, Paris Convention or a member of the United Nations system
including the United Nations, any of its specialized agencies, the International Atomic Energy Agency or the International Court of
Justice.
 The General Assembly also elects WIPO's chief administrator, the Director General, appointed for a fixed term which is not less
than six years.
 WIPO is administered by International Bureau, the Secretariat that helps carry out its day-to-day activities.
 Headquartered in Geneva, Switzerland, WIPO has "external offices" around the world, including in Algiers (Algeria); Rio de
Janeiro (Brazil); Beijing (China), Tokyo (Japan); Abuja (Nigeria); Moscow (Russia); and Singapore (Singapore).
 Unlike most UN organizations, WIPO does not rely heavily on assessed or voluntary contributions from member states; 95
percent of its budget comes from fees related to its global services.
 WIPO currently has 193 member states, including 190 UN member states and the Cook Islands, Holy
See and Niue; Palestine has permanent observer status.
 The only non-members, among the countries recognised by the UN are the Federated States of Micronesia, Palau and South
Sudan.

World Intellectual Property Organization (WIPO), international organization designed to promote the worldwide protection of both
industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works).
The organization, established by a convention signed in Stockholm in 1967, began operations in 1970 and became a specialized agency of
the United Nations in December 1974. It is headquartered in Geneva.
The origins of WIPO can be traced to 1883, when 14 countries signed the Paris Convention for the Protection of Industrial Property, which
created intellectual-property protections for inventions, trademarks, and industrial designs. The convention helped inventors gain protection
for their works outside their native countries.
In 1886 the Berne Convention required member countries to provide automatic protection for works that were produced in other member
countries.
The two organizations, which had established separate secretariats to enforce their respective treaties, merged in 1893 to become
the United International Bureau for the Protection of Intellectual Property (BIRPI), which was based in Bern, Switzerland.
In 1960 BIRPI moved its headquarters to Geneva.
The aims of WIPO are twofold. First, through international cooperation, WIPO promotes the protection of intellectual property.
The organization now administers more than 20 intellectual-property treaties.
Second, WIPO supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on
trademarks, patents, and the protection of artistic and literary works.
WIPO’s role in enforcing intellectual-property protections increased in the mid 1990s, when it signed a cooperation agreement with the World
Trade Organization.
As electronic commerce grew through the development of the Internet, WIPO was charged with helping to resolve disputes over the use of
Internet domain names.
WIPO’s membership consists of 193 countries.
Its main policy-making body is the General Assembly, which convenes every two years.
WIPO also holds a biennial conference, which determines the organization’s budget and programs.
More than 170 nongovernmental organizations maintain observer status.
9. Patent Cooperation Treaty, 1970 (PCT)
What is Patent Cooperation Treaty?
The Patent Cooperation Treaty (PCT) is an international IP agreement that provides patent protection in several countries through
the filing of a single common application.
The treaty, governed by the World Intellectual Property Organization (WIPO), has more than 150 nations as signatories, who are also known
as PCT Contracting States.
Filing patent applications under PCT implies securing legal protection for an invention under patent law in more than 150 countries at once.
Major global corporations, research institutes and universities seek patent protection via PCT.
It safeguards applicants against accidental errors which are far more likely to occur if a separate application is filed in every country of
interest.
The PCT was concluded in 1970, amended in 1979, and modified in 1984 and 2001.
It is open to States party to the Paris Convention for the Protection of Industrial Property (1883).
Instruments of ratification or accession must be deposited with the Director General of WIPO.
The Treaty makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an
"international" patent application.
Such an application may be filed by anyone who is a national or resident of a Contracting State.
It may generally be filed with the national patent office of the Contracting State of which the applicant is a national or resident or, at the
applicant's option, with the International Bureau of WIPO in Geneva.
The international application is then subjected to what is called an "international search."
That search is carried out by one of the major patent offices appointed by the PCT Assembly as an International Searching Authority (ISA).
The said search results in an "international search report," that is, a listing of the citations of such published documents that might affect the
patentability of the invention claimed in the international application.
At the same time, the ISA prepares a written opinion on patentability.
Advantages of the Patent Cooperation Treaty (PCT)
Emerging as the cornerstone of the international patent system, PCT simplifies the managing and processing of patent applications. The
benefits of the treaty include:
 Parallel Patent Protection
When an applicant files for patent in the US, it’s likely to preclude the chances of obtaining patent protection in other countries. That’s
where the role of PCT comes in. The treaty allows businesses to have simultaneous protection under patent law in the PCT contracting
States, including the US.
 Comprehensive International Patent Search
When one files a patent application with WIPO under PCT, the organization conducts a global patent search that enables applicants to
find out whether the invention can be patented across the world. This knowledge can significantly affect the very decision of patenting
the invention itself. For instance, if a patent is found to be unpatentable after disclosure in a PCT application, it can prompt a decision to
withdraw the application, preventing the cost of national phase filing. Hence, it is also an efficient method of managing risk.
 Time-effective Application Process
Filing separate patent applications in all the PCT Contracting States would require amending the application according to the rules and
regulations of each member country. The process will not only be daunting but also time-consuming. The treaty accelerates all your
 patent applications globally. Some of the PCT Contracting States also have PCT-Patent Prosecution Highway Agreements that enable
even faster processing.
 Strong Grounds for Patenting Decision
Once an applicant files a patent application under PCT, WIPO sends a global patent search report and an opinion on the patentability of
the product – both make obtaining grant of a patent in selected countries considerably easier. The information also plays a critical role in
assessing the prospects of acquiring a patent.
 Opportunity to amend applications
Applicants get an opportunity to amend a PCT application before entering national phase countries. Amendments can be made on a
voluntary basis or in order to address the search and examination report which is issued by PCT.
Disadvantages of Patent Cooperation Treaty (PCT)
On the other side of the coin, PCT has certain disadvantages too. However, its benefits surpass the negligible limitations. Some of the
drawbacks of the treaty are:
 Limited Patent Coverage
You can obtain only utility patents through patent applications under the PCT. You can’t patent a design through this process. The
process also creates examination delays and it takes more time to acquire patent via PCT route. But PCT gives you additional 18/19
months to select the countries of interest.
 Costlier Patent Process
The PCT also makes the patent process a bit costlier as it requires an applicant to prosecute the application separately in each country.
It also costs attorney fees in international phase. However, the process can provide favorable and cost-effective solutions such as
streamlined prosecutions. However, PCT fee reductions are available when the PCT application is filed electronically or the applicants
belonging to developing countries get 90% reduction in the official filing fee.
On Monday, September 7, 1998, India deposited its instrument of accession to two international treaties with the Director General
of WIPO in Geneva.
The two treaties were the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).
What is ‘TRIPS’ (Trade Related Aspects of Intellectual Property Rights) agreement 1994 ? Throw light on the different articles of
TRIPS agreement.
10.Trade-Related Aspects of Intellectual Property Rights (TRIPs)
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which came into effect on 1 January 1995, is to date
the most comprehensive multilateral agreement on intellectual property.
It is a mandatory agreement attached to WTO.
Every member of WTO is required to observe the provisions of TRIPs and provide minimum level of IPRs in their national laws.
Failure to comply with the minimum prescribed requirement will entail penal provisions of WTO.
It was observed that widely varying standards in protection and enforcement of IPRs and lack of multilateral framework of principles, rules
and discipline dealing with international trade in counterfeit goods (Counterfeit consumer goods are goods, often of inferior quality, made or
sold under another's brand name without the brand owner's authorization. A counterfeit is an item that uses someone else's trademark
without their permission. By making or selling a counterfeit, criminals seek to profit unfairly from the trademark owner's reputation.
Counterfeiting is a fraudulent imitation (a forgery) of a trusted brand and product, and it is a serious crime.) have been a growing source of
tension in international economic relations.
To end that, the TRIPs agreement was framed.
It plays a central role in facilitating trade in knowledge and creativity, in resolving trade disputes over IP, and in assuring WTO members the
latitude to achieve their domestic policy objectives.
It frames the IP system in terms of innovation, technology transfer and public welfare.
The Agreement is a legal recognition of the significance of links between IP and trade and the need for a balanced IP system.
The areas of intellectual property that it covers are: copyright and related rights (i.e. the rights of performers, producers of sound
recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations
of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits;
and undisclosed information including trade secrets and test data.
The three main features of the Agreement are:
 Standards. In respect of each of the main areas of intellectual property covered by the TRIPS Agreement, the Agreement sets
out the minimum standards of protection to be provided by each Member.
Each of the main elements of protection is defined, namely the subject-matter to be protected, the rights to be conferred and
permissible exceptions to those rights, and the minimum duration of protection.
The Agreement sets these standards by requiring, first, that the substantive obligations of the main conventions of the WIPO, the
Paris Convention for the Protection of Industrial Property (Paris Convention) and the Berne Convention for the Protection of
Literary and Artistic Works (Berne Convention) in their most recent versions, must be complied with.
 With the exception of the provisions of the Berne Convention on moral rights, all the main substantive provisions of these
conventions are incorporated by reference and thus become obligations under the TRIPS Agreement between TRIPS Member
countries.
The relevant provisions are to be found in Articles 2.1 and 9.1 of the TRIPS Agreement, which relate, respectively, to the Paris
Convention and to the Berne Convention.
Secondly, the TRIPS Agreement adds a substantial number of additional obligations on matters where the pre-existing
conventions are silent or were seen as being inadequate.
The TRIPS Agreement is thus sometimes referred to as a Berne and Paris-plus agreement.
 Enforcement. The second main set of provisions deals with domestic procedures and remedies for the enforcement of intellectual
property rights.
The Agreement lays down certain general principles applicable to all IPR enforcement procedures.
In addition, it contains provisions on civil and administrative procedures and remedies, provisional measures, special
requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures
and remedies that must be available so that right holders can effectively enforce their rights.
 Dispute settlement. The Agreement makes disputes between WTO Members about the respect of the TRIPS obligations subject
to the WTO's dispute settlement procedures.
In addition the Agreement provides for certain basic principles, such as national and most-favoured-nation treatment, and some general rules
to ensure that procedural difficulties in acquiring or maintaining IPRs do not nullify the substantive benefits that should flow from the
Agreement.
The obligations under the Agreement will apply equally to all Member countries, but developing countries will have a longer period to phase
them in.
Special transition arrangements operate in the situation where a developing country does not presently provide product patent protection in
the area of pharmaceuticals.
The TRIPS Agreement is a minimum standards agreement, which allows Members to provide more extensive protection of intellectual
property if they so wish.
Members are left free to determine the appropriate method of implementing the provisions of the Agreement within their own legal system
and practice.

The intellectual property right regime of India has been modified by a number of legislations since 1995. For India, the WTO's
TRIPs agreement became binding from 2005 onwards as the country has got a ten-year transition period (1995-2005) to make the
domestic legislation compatible with TRIPs.

11.The United Nations Environment Assembly, 2012 (UNEA):

The United Nations Environment Assembly is UNEP's governing body. Created in 2012 to replace the Governing Council, it currently has
193 members and meets every two years.
The United Nations Environment Assembly is the world’s highest-level decision-making body on the environment, with a universal
membership of all 193 Member States.
The Assembly meets biennially in Nairobi, Kenya, to set priorities for global environmental policies and develop international environmental
law.
Through its ministerial declaration and resolutions, the Assembly provides leadership, catalyzes intergovernmental action on the
environment, and contributes to the implementation of the UN 2030 Agenda for Sustainable Development.
The UN Environment Assembly is also the governing body of the UN Environment Programme.
It has had five sessions starting in 2014 and was preceded by the Governing Council of the UN Environment Programme, which was
composed of 58 member States.

The United Nations Environment Programme (UNEP) is responsible for coordinating responses to environmental issues within the United
Nations system.
It was established by Maurice Strong, its first director, after the United Nations Conference on the Human Environment in Stockholm in June
1972.
Its mandate is to provide leadership, deliver science and develop solutions on a wide range of issues, including climate change, the
management of marine and terrestrial ecosystems, and green economic development.
The organization also develops international environmental agreements; publishes and promotes environmental science and helps national
governments achieve environmental targets.

UNEP's main activities are related to:

 Climate Change
o UNEP is a partner of the Territorial Approach to Climate Change, which engages governmental entities in climate
resilience efforts.
  Disasters and Conflicts
o UNEP has endeavored to lighten the influence of emergencies or natural disasters on human health and to prepare for
future disasters. It contributes to the reduction of the origin of disasters by controlling the balance of ecosystems and
actively support Sendai Framework for Disaster Risk Reduction, which aims to reduce the risk of disasters (DRR). As
well as preventing natural disasters, the UNEP supports countries such as to make laws or policies which protect the
countries from getting serious damage by disasters. Since 1999 it has helped 40 countries to recover from the effect of
disasters.
 Ecosystem Management
 Environmental Governance
 Environment under Review
o UNEP provides information and data on the global environment to stakeholders including governments, non-
governmental organizations and the public for them to engage in realizing the Sustainable Development Goals. The
information which UNEP shares is based on the latest science and is collected in a proper way. This makes policy
makers find reliable information effectively. Through this The Environment Outlook and the Sustainable Development
Goals stakeholders can have access to information easily. In addition, the UN environment Live Platform and Online
Access to Research in Environment (OARE) provide transparent information collected by UNEP.
 Chemicals and Waste
 Resource Efficiency

Discuss in brief the provisions of ‘Madrid Agreement’ and its importance.

12.The Madrid Agreement, 1891
The Agreement was established in 1891 for the purpose of providing a mechanism that would allow for a single and inexpensive international
trademark registration and to eliminate the need for filing, prosecuting or maintaining separate registrations in multiple countries.
The Madrid Union currently has 114 members, covering 130 countries. These members represent more than 80% of world trade,
with potential for expansion as membership grows. India became part of Madrid Protocol w.e.f. 8th July, 2013. Now application for
international trademark registration can be easily filed using Madrid Protocol from India.
The Madrid System for the International Registration of Marks is governed by two treaties:
 the Madrid Agreement, concluded in 1891 and revised at Brussels (1900), Washington (1911), The Hague (1925), London (1934), Nice
(1957) and Stockholm (1967), and amended in 1979, and
 the Protocol relating to that Agreement, concluded in 1989, which aims to make the Madrid system more flexible and more compatible with
the domestic legislation of certain countries or intergovernmental organizations that had not been able to accede to the Agreement.
States and organizations party to the Madrid system are collectively referred to as Contracting Parties.
The system makes it possible to protect a mark in a large number of countries by obtaining an international registration that has effect in
each of the designated Contracting Parties.
Who May Use the System ?
An application for international registration (international application) may be filed only by a natural person or legal entity having a connection
– through establishment, domicile or nationality – with a Contracting Party to the Agreement or the Protocol.
A mark may be the subject of an international application only if it has already been registered with the trademark office of the Contracting
Party with which the applicant has the necessary connections (referred to as the office of origin). However, where all the designations are
effected under the Protocol (see below), the international application may be based simply on an application for registration filed with the
office of origin. An international application must be presented to the International Bureau of WIPO through the intermediary of the office of
origin.
The International Application
An application for international registration must designate one or more Contracting Parties in which protection is sought. Further
designations can be effected subsequently. A Contracting Party may be designated only if it is party to the same treaty as the Contracting
Party whose office is the office of origin. The latter cannot itself be designated in the international application.
The designation of a given Contracting Party is made either under the Agreement or the Protocol, depending on which treaty is common to
the Contracting Parties concerned. If both Contracting Parties are party to the Agreement and the Protocol, the designation will be governed
by the Protocol.
International applications can be filed in English, French or Spanish, irrespective of which treaty or treaties govern the application, unless the
office of origin restricts that choice to one or two of these languages.
The filing of an international application is subject to the payment of a basic fee (which is reduced to 10 per cent of the prescribed amount for
international applications filed by applicants whose country of origin is an LDC, in accordance with the list established by the United Nations),
a supplementary fee for each class of goods and/or services beyond the first three classes, and a complementary fee for each Contracting
Party designated. However, a Contracting Party to the Protocol may declare that, when it is designated under the Protocol, the
complementary fee is replaced by an individual fee, whose amount is determined by the Contracting Party concerned but may not be higher
than the amount that would be payable for the registration of a mark, at the national level, with its office.
International Registration
Once the International Bureau receives an international application, it carries out an examination for compliance with the requirements of the
Protocol and its Regulations. This examination is restricted to formalities, including the classification and comprehensibility of the list of goods
and/or services. If there are no irregularities in the application, the International Bureau records the mark in the International Register,
publishes the international registration in the WIPO Gazette of International Marks (hereinafter referred to as "the Gazette"), and notifies it to
each designated Contracting Party. Any matter of substance, such as whether the mark qualifies for protection or whether it is in conflict with
a mark registered previously in a particular Contracting Party, is determined by that Contracting Party's trademark office under the applicable
domestic legislation. The Gazette is available in electronic form (e-Gazette) on the Madrid system website.
Statement of Grant of Protection or Refusal of Protection
The office of each designated Contracting Party shall issue a statement of grant of protection under Rule 18ter of the Regulations.
However, when designated Contracting Parties examine the international registration for compliance with their domestic legislation, and if
some substantive provisions are not complied with, they have the right to refuse protection in their territory. Any such refusal, including an
indication of the grounds on which it is based, must be communicated to the International Bureau, normally within 12 months from the date of
notification. However, a Contracting Party to the Protocol may declare that, when it is designated under the Protocol, this time limit is
extended to 18 months. That Contracting Party may also declare that a refusal based on an opposition may be communicated to the
International Bureau even after the 18-month time limit.
The refusal is communicated to the holder of the registration or the holder's representative before the International Bureau, recorded in the
International Register and published in the Gazette. The procedure subsequent to a refusal (such as an appeal or a review) is carried out
directly by the competent administration and/or court of the Contracting Party concerned and the holder, without the involvement of the
International Bureau. The final decision concerning the refusal must, however, be communicated to the International Bureau, which records
and publishes it.
Effects of an International Registration
The effects of an international registration in each designated Contracting Party are, from the date of the international registration, the same
as if the mark had been deposited directly with the office of that Contracting Party. If no refusal is issued within the applicable time limit, or if
a refusal originally notified by a Contracting Party is subsequently withdrawn, the protection of the mark is, from the date of the international
registration, the same as if it had been registered by the office of that Contracting Party.
An international registration is effective for 10 years. It may be renewed for further periods of 10 years on payment of the prescribed fees.
Protection may be limited with regard to some or all of the goods or services or may be renounced with regard to some only of the
designated Contracting Parties. An international registration may be transferred in relation to all or some of the designated Contracting
Parties and all or some of the goods or services indicated.
Advantages of the Madrid System
The Madrid system offers several advantages for trademark owners. Instead of filing a separate national application in each country of
interest, in several different languages, in accordance with different national or regional procedural rules and regulations and paying several
different (and often higher) fees, an international registration may be obtained by simply filing one application with the International Bureau
(through the office of the home country), in one language (English, French or Spanish) and paying one set of fees.
Similar advantages exist for maintaining and renewing a registration. Likewise, if the international registration is assigned to a third party, or
is otherwise changed, such as a change in name and/or address, this may be recorded with effect for all designated Contracting Parties by
means of a single procedural step.
To facilitate the work of the users of the Madrid system, the International Bureau publishes a Guide to the International Registration of Marks
under the Madrid Agreement and the Madrid Protocol.
The Madrid Agreement and Protocol are open to any State party to the Paris Convention for the Protection of Industrial Property (1883). The
two treaties are parallel and independent, and States may adhere to either or both of them. In addition, an intergovernmental organization
that maintains its own office for the registration of marks may become party to the Protocol. Instruments of ratification or accession must be
deposited with the Director General of WIPO.

Patent Agent
Patent agents are professionally licensed practitioners who have the license to practice before the patent office of the country. The patent
agent has a lot of responsibility when it comes to preparation of the document and filing the same before the patent office and also advising
with regards to patentability. When it comes to assisting inventors with completing and submitting all patent-application paperwork, patent
agents provide all those services efficiently. The role also extends to searching for prior art, writing the inventor’s legally enforceable claims
of ownership to the invention, revising rejected patent applications. The agents are also the subject matter expertise in their domain.
The Indian Patents Act 1970 provides a simple definition of Patent Agent under Section 2(n) as a person for the time being registered under
this Act as a patent agent. The definition does not prescribe any such role responsibility of the patent agent but as mentioned earlier, the
agent will be the one who will be filing the patent application and is legally authorized to practice before the patent office. But certainly after
reading the patent act and the patent rule of 2003, one can get an easy inference of the qualification and the procedure for selection of a
patent agent.
Position in India
A patent agent becomes registered to practice by filing Form 22 as specified in Patent Rules 2003, accepting of which the agent will be said
to have the name added in the Patent Registry maintained by the Controller. Chapter XXI deals with the patent agent in India. Section 125
specifies the registration of the patent agent in India and the controller is expected to maintain the registry for the same. Section 126
specifies the qualification of the Patent agent which says- A person shall be qualified to have his name entered in the register of patent
agents if he fulfills the following conditions, namely being a citizen of India with a minimum age of 21 years. More importantly, the agent is
expected to have obtained a degree in science, engineering, or technology. Passing the patent agent examination or working as a controller
for ten years is specified.
Section 127 and 129 must be read together as the former deals with the rights of the patent and the latter with the restrictions. Section 127
says that: – Subject to the provisions contained in this Act and any rules made thereunder, every patent agent whose name is entered in the
register shall be entitled—
 to practice before the Controller; and
 to prepare all documents, transact all business, and discharge such other functions as may be prescribed in connection with any
proceeding before the Controller under this Act.
Similarly, Section 129 speaks about the restrictions of the patent agent. It strictly restricts any other person or even the company to hold it as
a patent agent until and unless it is registered.
Three Rules of the Patent Rules 2003 specifies the procedure for registering as the patent agent. Rule 109 talks about the application for
registration of a patent agent where any person who desires to be the patent agent will make an application in Form 22. Rule 110 talks about
the Particulars of the qualifying exam for the patent agent, which says that the qualifying exam shall consist of a written test and viva voce.
The written test will consist of the question with regards to the patent act and drafting. After qualifying for the exam, the candidate becomes
eligible to be registered as a patent.
Patent Agents at GPF
Most Patent Applicants seek cost-effective patent filings as they are largely administrative (not including technical claim amendments/review
of the patent specification), and therefore may compromise in quality of work/efficient filing by using low-cost providers who may not ensure
accurate translation, accurate preparation of forms, and correct filing of documents/details, which subsequently may lead to their rights not
being granted, or lead to rights not being enforceable, or lead to a significant increase in expense in correcting the errors. Therefore, it’s
extremely important to ensure that the Patent Attorneys being used for filing and managing the global Portfolio are thorough, reliable, and
have the right experience in handling the subject matter that forms part of the Applicant’s portfolio.
Having decades of relevant experience, Patent Agents at Global Patent Filing (GPF) can do due-diligence and file patent applications in
compliance with defined legal norms and best practices. With all prosecution being taken care of by an expert, the whole process gets
executed timely. In sum, Patent Attorneys and Support Staff at GPF provide a one-stop solution for patent filings, patent translations, and
patent portfolio management, which acts as a rejuvenating factor that helps Applicants in the long process of patent issuance and
enforcement.

Inventions patentable and inventions not patentable.

Inventions that are patentable in India include new products or processes with an inventive step and industrial application. They must not
fall under non-patentable categories outlined in sections 3 and 4 of the Patent Act. Not patentable are frivolous or contrary to natural laws,
immoral or harmful inventions, discoveries of scientific principles, and more. Inventions related to atomic energy are also excluded from
patentability.
An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application
can be patented.
Here is how an invention is defined in the patent act 1970:
Section 2(1)(j) “invention” means a new product or process involving an inventive step and capable of industrial application;
Patentable subject matter in India
Invention must
 relates to a process or a product or both
 be new (Novel)
 involves an inventive step
 be capable of industrial application
 not fall under Section 3 and 4 (Inventions not patentable)
Patentability requirements of an invention
 Newness or novelty
 Inventive step or non-obviousness requirement
 Capable of Industrial application
 Enabling
Who can apply for a patent in India?
An application for a Patent for an invention may be made by any of the following persons either alone or jointly with any other person:
 The true and first inventor
 True and first inventor‘s assignee
 The legal representative of the deceased true and first inventor or his/her assignee

The Indian Patents Act also lays down some norms as to which inventions are not patentable. Following inventions are not
patentable:
a) An invention which is frivolous or which claims anything obvious or contrary to well established natural laws.
b) An invention, the primary or intended use of which would be contrary to any law or morality or injurious to public health. Example: Any
machine or method for counterfeiting of currency notes. An invention for adulteration of food products.
c) The mere discovery of a scientific principle or the formulation of an abstract theory.
d) The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus
unless such known process results in a new product or employs atleast one new reactant.
e) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for
producing such substance.
f) The mere arrangement or rearrangement or duplication of known devices each functioning independently of one another in a known way.
g) A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment
more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control
of manufacture.
h) A method of agriculture or horticulture. Example: A method of producing a plant or a method of producing improved soil or
a method of producing mangoes cannot be patented.
i) A process for the medical, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of
animals or plants to render them free of disease or to increase their economic value or that of their products. Example: An operation on
the body, which requires the skill and knowledge of a surgeon like embryo transplants or any therapy or diagnosis is not
patentable.
j) Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially
biological processes for production or propagation of plants and animals are not patentable inventions. Only, a genetically modified
microorganisms may be patentable subject to other requirements of patentability.
Example: A business idea or business model or computer software cannot be patented, irrespective of its innovativeness.
k) An invention relating to atomic energy
Courts have held that the laws of nature, physical phenomena, and abstract ideas are not patentable.

Define and discuss the nature and scope of copyright.

Introduction
Intellectual property is a property that is intangible in nature. They are creations of the human mind and intellect. There are various types of
intellectual property rights. Some of the main intellectual property rights are patents, trademarks, trade secrets, and copyright. Intellectual
property rights mainly try to protect creations that result from human intellect to enable the person creating it to enjoy the monetary and moral
benefits of his creation. Copyright is one such important intellectual property right. Copyright is the bundle of rights that law grants to the
creator of a literary, dramatic, musical cinematograph film, or artistic work and with the advent of computers, computer programmes, and
codes. In this article, we will discuss the meaning, nature and scope of copyright in India thereby also focusing on judicial pronouncements
in relation to the same.
What do you mean by copyright
Copyright is a means of protecting, promoting, spreading, and enriching the cultural heritage of the country. It protects the creativity and
originality of the creator whereby the creator is remunerated morally or monetarily. The Copyright Act of 1957 entitles the creator to do or
authorise to do certain acts with respect to his work.
 Being the author of literary, dramatic, and musical work, gives the person the right to reproduce the work in any form, to adapt it to
any form or authorise anyone to adapt his work or reproduce his work, additionally to store the work in any form including
electronic form.
 It gives the creator the right to communicate his work to the public through public performance, allowing the work to be made into
a cinematographic film, translating the work to any language, and printing copies to be circulated to the public.
 Where the work is an artistic work it allows the creator to reproduce the work and store it in any medium plus depicting it in any
dimension. It also allows the creator to reproduce as many copies as he desires, to communicate his work to the general public, to
adapt it to any form, or to include his work in any cinematograph film.
 Where the creator is the creator of a cinematographic film, the creator is entitled to make copies of such films and to communicate
the work to the public. Additionally, he has a right to take and store still photographs from the film and store his creation in any
medium.
 Having exclusive rights in sound recording enables the creator to communicate his piece to the public, and make another piece by
assimilating it and storing it in any medium.
 Having exclusive rights in computer programmes entitles the creator to reproduce, adapt, make copies, and store the programme
and codes.
 The author or creator has the right to sell his creation or give on rental his creations. It prohibits any person to use an author’s
creation in any way without his consent.
Scope of Copyright
The scope of copyright in India has received an understanding in the previous paras already. All one needs to know is that Section 13 of the
Copyright Act, 1957 is the express provision that lays down the scope of copyright in India. Each category of work that has received the
attention of the statute, have been detailed separately in different provisions of the Act thereby making room for exclusive rights that have
been associated with each of the provisions. Sections 14, 37, 38 A are some of the significant provisions of the Act that have added to the
concept of laying down established rights for the owner of such work.
Further, a look into Section 16 of the Copyright Act, 1957 states that no copyright shall be in subsistence on works, other than those which
have been provided under the Copyright Act, 1957. Thus in simple terms, it can be stated that copyright is a creation of a statute. It was in
the case of Akuate Internet Services Pvt Ltd vs. Star India Pvt Ltd (2013), where the concept of ‘hot news’ doctrine was introduced and the
court had also interpreted who was responsible for filing a suit thereby preventing others from publishing or sharing match information. This
matter awaits the view of the Supreme Court of India as of April 2021.
 Copyright is provided for a wide range of expressions like literary works, Artistic work, music and Cinematography.
 Literary works include novels, books, newspaper articles, journals, research papers, magazines, instruction manuals.
 Artistic work includes painting, sculpture, diagrammatic representation, drawing.
  Music includes original music work and a specific combination of melody and harmony.
 Cinematography includes movies, tv shows, documentaries, television recording of events.
 It is provided for work and not for ideas.
Recent developments made in the field of copyright in India
In the year 2021, certain changes were introduced in light of the advancement coming up in the field of copyright in India, in the Copyright
Act, 1957, by means of the Copyright (Amendment) Rules, 2021. The changes were noticeable on 30th March, 2021, in the following ways:
1. The primary objective of introducing these rules was to bring the rules that were existing in conformity with other relevant
legislations in relation to copyright thereby also ensuring accountability and transparency in governing of the rules.
2. The amendment of the Copyright rules was brought in with the purpose of smoothening the functioning of the Copyright Office by
means of making it work digitally with resources that were available. This also reduced the burden of the Office.
3. The amendments have sought to incorporate a new provision in concern to the publication of a copyrights journal which will
thereafter be made available for the public to see in the Copyright Office.
4. Accountability and transparency was also to be ensured for the Copyright societies to function and effectively work. The
consequence of such demand has made the Societies to now draw up an Annual Transparency Report for the public. This kind
of report is typically inclusive of royalties collected and also distributed, refusal of licences if any, transactions made with
foreign societies for developed work, etc.
5. The extension of the period of deciding an application whether to be accepted or rejected for the purpose of being granted with
copyright, by the Registrar, from 60 to that of 180 days, is another notable change that has been introduced by the amended
rules. A thing to understand here is that the Registrar should not be burdened with applications that would otherwise make him
proceed with each of them in a speedy manner thus resulting in errors. Thus a sufficient period of time must be vested on the
Registrar.
6. The present requirement that the new amendment has been introduced for a copyright applicant to abide by is the need to submit
the first 10 and the last 10 pages of source code (the entire source code can be submitted if the same is less than 20 pages,
with no blocked portions).
Conclusion
As we come to the end of this article, it is ideal to state that copyright being a bundle of rights has been recognised as one of the foremost
forms of intellectual property rights that have been protecting creations in the form of expressions since 1957. Alongside protecting the moral
and economic rights of the author, it also serves as a requirement for the public welfare or public necessity at large for that’s why a period
has been specified, upon completion of which, the work falls under public domain for learning and usage. Thus copyright being a collection of
rights have remained relevant since time immemorial.

What are the rights conferred by copyright act ?

Introduction
Granting copyright seeks to protect the creative endeavor of an owner. Copyright gives an exclusive right to the owner to do certain acts in
relation to literary, dramatic, musical, and artistic works, cinematography and sound recordings. Copyright is valid till the life of the originator
plus 50 years after his death. In the case of cinematographic work, the copyright is valid until 50 years after the work has been made
available to the public while for photographic works 25 years after the making of the work.
In India matters related to copyright are governed by the Copyright Act in 1957, which was subsequently amended in the year 1994 and
2002. Copyright cannot be granted in some cases like:
 Copyright cannot be said to be violated if the idea or concept of any person is used in a different manner.
 Copyright is not granted for ideas.
 Copyright is not granted in live events.
So, basically for granting the copyright, the work which is being sought to be protected by copyright must be original. However, this standard
of originality to be determined varies in countries. In countries which follow common law jurisdictions like United Kingdom and India, the
standard of originality that is needed to be proven is low, while in countries which follow civil law jurisdictions like France and Germany, the
standard of originality to be proven is high as certain minimum amount of creativity and author’s intellectual expression is required to be
shown to acquire a copyright protection.
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.
Rights of the copyright owner
Right of Reproduction
This is the most prominent right which is acquired after the copyright protection. This right authorizes the person having such copyright to
make copies of the protected work in any form. In the modern context copying, a song on a Compact Device or any sound and visual
recording can be considered as a reproduction of the content. Prior to copying the permission of the author is required unless it can be
shown that such copying is not intended to make any commercial benefits out of it.
Right to Distribute
Right to distribute is an off-shoot of the right of reproduction. The person who owns the copyright owner may distribute his work in any
manner he deems fit. The owner is also entitled to transfer the whole or some rights in favor of any other person while retaining others. For
example, he can entitle any person to translate his work.
Right to make Derivative Works
The copyright has the right to use his work in various ways, for instance making adaptations or translations. One example of adaptation is
making a movie based on a novel, so here to make any derivative work the consent of the owner is mandatorily required. In these situations,
certain other rights of the owner also come into play, like the right to integrity which protects the owner against deformation, defacement or
modification of his work in a way that it is harmful for his reputation.
Right to Publicly Perform
The owner of the copyright has the right to publicly perform his works. Example, he may perform dramas based on his work or may perform
at concerts, etc. This also includes the right of the owner to broadcast his work. This includes the right of the owner to make his work
accessible to the public on the internet. This empowers the owner to decide the terms and conditions to access his work.
Right to Follow
This right is granted generally only to the authors and artists. This empowers the authors to obtain a percentage of the subsequent sales of
his work and is called Droit de Suite or Right to Follow. The right is also available to artists on resale of their work.
Right of Paternity
The Right of Paternity or Attribution gives the copyright owner a right to claim authorship of the work. Under the Right of Paternity a copyright
owner can claim due credit for any of his works. Thus, if a movie is produced based on a book by an author, and he hasn’t been given due
credit in it, he can sue the makers to acknowledge his work.
Sui Generis Rights
The ordinary copyright law often fails to protect the computer software and databases since the essential element of creativity is not present
in such databases. Therefore, there was a need for new law to protect such software and databases. The law of sui generis was introduced
to resolve the problem of resolving databases on the whole. A database is a compilation or arrangement of information which may not be
creative; it may still require protection from unauthorized copying. However, this may require certain modifications such as the making of
copies has to be excluded from such copyright protection. Such database right exists for a fifteen year period.
Private Copying
This is an exception to the reproduction rights which are attained by the owner. According to this right, any person can make copies of the
copyright protected work if it is proved that such copying is for educational purpose and that there is no commercial motive behind such
copies being made.
Conclusion
In conclusion is maybe said that copyright law adequately protects the rights of the copyright owners. The law has kept pace with the
changing times and has accommodated a number of new things in its ambit, including digital reproduction and sui generis rights. India has
also risen up to the challenge and updated its copyright law from time to time.

What are the kinds of designs registrable under the Designs Act, 2000 ?
Registered Design
As per the Designs Act, 2000, a ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or
colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process
or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by
the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does
not include any trade mark or copyright. A design registered in India under the Designs Act, 2000 is referred to as a registered design.
Designs that can be Registered
For a design to be registered under the Designs Act, it must satisfy the following six conditions:
 The design should be new or original, not previously published or used in any country before the date of application for
registration.
 The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus,
designs of industrial plans, layouts and installations are not registrable under the Act.
 The design should be applied or applicable to any article by any industrial process. Normally, designs of artistic nature like
painting, sculptures and the like which are not produced in bulk by any industrial process are excluded from registration under the
Act.
 The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design
must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a
box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put
in the market in the closed state.
  Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be
registrable design.
 The design should not include any Trademark or Copyright.
Examples of Registered Designs
A wide variety of items can be registered under the Designs Act in India. Items ranging from cutlery to dress can be registered as a design in
India provided its original and not be a mere mechanical contraption.
Items that Cannot be Registered as a Design
The following items cannot be registered as a design:
 Books, jackets, calendars, certificates, forms-and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan
cards, postcards, stamps, medals.
 Labels, tokens, cards, cartoons. any principle or mode of construction of an article.
 Mere mechanical contrivance.
 Buildings and structures.
 Parts of articles not manufactured and sold separately.
 Variations commonly used in the trade.
 Mere workshop alterations of components of an assembly.
 Mere change in size of article.
 Flags, emblems or signs of any country.
 Layout designs of integrated circuits.
Benefits of Design Registration
All documents pertaining to a registered design are maintained by the Patent Office to put competitors on notice about registration of a
design. A registered design provides the creator, exclusive rights over use of the design for a period of ten years, that can be further
extended for a period of five years. In case of infringement or piracy of a registered design, the owner of the registered design can seek legal
remedy under the Designs Act. Anyone found contravening to the copyright in a design, is liable for every offence to pay a sum not
exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one
design. Thus, registering a design provides legal remedy against infringement.

What is the procedure for registration of design under the Designs Act, 2000 ?
What Is a Design as Per the Designs Act?
The term design has been defined for the purpose of this act in section 2(d) in the first chapter of the Act. The section states that:
‘“Design” means only the features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether
in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical,
separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of
construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of
sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 or property mark as defined in section 479 of the Indian Penal
Code, 1860 or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.’
Let us break down this definition for a better understanding. The usage of the words ‘only features of shape, configuration, pattern, ornament
or composition of lines or colors applied to any article’ for defining a design indicates that the design must have a purely aesthetic function.
This is further clarified by the exclusive definition of the design which states that a design ‘does not include any mode or principle of
construction or anything which is in substance a merely mechanical device.’
You can also see the residual nature of the definition of design under this act as it states that under this act design “does not include any
trade mark as defined in the Trade and Merchandise Marks Act, property mark as defined in section 479 of the Indian Penal Code, or any
artistic work as defined in the Copyright Act.
There is no mention of Patent Act specifically here because any design that falls under the patents act will be mechanical and functional in
nature and is hence automatically disqualified in the first part of the definition itself.
Let us not take a look at the registration of a design under the act.
Registration of a Design Under the Designs Act.
The registration aspect of the design is detailed in Chapter II of the Designs Act, titled ‘Registration Of Designs’. Sections 3-7 of the Act deal
with the registration process. Let us take a look at these various sections.
Section 3 – Controller and other officers
The intellectual property law protects intellectual property rights. But the law cannot protect these rights all by itself. It can only declare the
illegality of infringing such rights and empowers the authorities to take action against such infringement. It is the authorities that have to
uphold the law and execute its provisions. The presiding officer when it comes to the registration of a design is called a Controller.
Under this section of the act, the provisions are laid down as to who the controller and the other officers are in the hierarchy of the
registration authorities for designs. It mentions that
‘The Controller General of Patents, Designs, and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise
Marks Act, 1958 shall be the Controller of Designs for the purposes of this Act.’
Basically, the power of the controller for patents, designs, and trademarks is to be rested in one office. The section also states that ‘the
Central Government may appoint as many examiners and other officers and with such designations, as it thinks fit in sub-section (2) of this
section. It says that the controller is the ultimate authority and the allocation or withdrawal of any work assigned to the officers is only at the
discretion of the controller.
Section 4 – Prohibition of registration of certain designs
This section declares that any design that has been registered, used, or published before or bears a close resemblance to a design that has
already been registered, used, or published before will not be protected and the owner of the already registered, used or published design
can sue the design submitted for registration if used.
It also states that any design that ‘comprises or contains scandalous or obscene matter shall not be registered’
Section 5 – Application for registration of designs
This section lays down the procedure and the protocols for the registration process. It states that ‘the Controller may, on the application of
any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to
public order or morality, register the design under this Act.’
So as long as the conditions above are met, the controller can approve the application for registration. It also states that before the controller
can approve an application, he or she must ‘refer the application for examination, by an examiner appointed.’ The examiners are the ones
appointed by the central government as discussed in section 3.
Next, it states that ‘every application under Sub-Section (1) shall be in the prescribed form and shall be filed in the Patent Office in the
prescribed manner and shall be accompanied by the prescribed fee.’ The prescribed form is called ‘Form 1’ and can be downloaded from the
online portal of the government or directly from the Patent office.
It then states that ‘a design may be registered in not more than one class.’ The World Intellectual Property Organisation has classified almost
all product categories into different classes for the context of intellectual property rights. A design must have a commercial use for it to be
protected under intellectual property laws. This means that the creator must have conceived the application of the design while creating the
design. The design can be registered only in that class of products. For instance, the design on the packaging of a food product can be used
as a design on a clothing item without violating the design act.
The next two subsections define the circumstances under which an application will be rejected. First, if the controller feels it violates the
eligibility or feels it should not be registered for any other reason. And two, the form is defective and has not been corrected within the
deadline given to the applicant to fix the defect. In case the application has been rejected by the controller, the applicant has the option to
challenge the decision in the high court.
The final part of the section states that the registration is valid from the date of the application and not the date of registration. This is to give
clarity to the term of protection the design enjoys under the act.
Section 6 – Registration to be in respect of a particular article
This section elaborates on the provision of the previous section which states that the registration of a design can only be done under one
class.
It makes provisions for the registration of a product for more than one article under one class. It also states that if a person is registering a
design that has already been registered for an article under the same class and the applicant acquires the rights to the design before the
application is rejected, then the application will be processed as if the person making the application has always been the owner of that
design and grant him the registration.
Section 7 & 9 – Publication of particulars of registered designs and Certificate of registration
This section states that ‘the Controller shall, as soon as may be after the registration of a design, cause publication of the prescribed
particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection.’
Basically, as soon as the registration is complete the controller will publish the design and its registered status on the portal for all to see so
that anyone whose design resembles the registered design is aware that their application may be rejected on grounds of similarity with a
registered design.
Section 9 additionally says that ‘The Controller shall grant a certificate of registration to the proprietor of the design when registered.’
Conclusion
The provisions of the act and the registration process laid down within it may sound technical, and tedious. This is because the provisions of
this act have not been framed just within the legal framework of India. It is the result of the ‘Trade Related Intellectual Properties’ agreement
signed by 164 World Trade Organization members to honour the trademarks registered in each other’s countries within their domestic
borders.

Design Registration
Registration and protection of designs in India are regulated by the Designs Act, 2000 and the Design Rules that were enacted in 2001. The
introduction of the Design Act, 2000, repealed and replaced the Act that was introduced in 1911.
The Design Rules, 2001, was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The latest
development in the rules established under this Act is the introduction of a new category of an applicant that is incorporated under the
identity of a small entity in addition to a natural person.
 Definition of a Design
A design is defined under Section 2(d) of the Designs Act 2001, as only the features of a shape, pattern, configuration, composition or
ornament of lines or colours that are applied to any article that is two dimensional, three dimensional, or both by an industrial process or any
means whether mechanical, manual or chemical, separated or combined, which in the finished article are judged solely by the eye; but is not
taken into account upon the principle of construction or anything which is in substance a mere mechanical device.
Essentials for Design Registration
Under the Design Act, 2000 for a design to be registered and protected under the Act, the following are essential elements that need to be
fulfilled:
 Original and new design. This means that it should not have been used or published previously in any country before the date of
application of registration.
 The crux of the design is the features that are represented by shapes, patterns, configuration, composition or ornamentation that are
applied or that apply to an article.
 The design should only be appreciated with the eyes. The method or process of creation and application is irrelevant.
 It should not include artistic works, trademarks or property marks.
 Significant differences must exist between your design and other designs that have already been registered. Similar designs or designs
with a likeness to already existing designs even if slightly different do not qualify to be registered.
Process for Design Registration
The first thing to be noted is that the application to register a design may be applied to five different authorities:
– Controller Designs Patent Office in Kolkata
– Patent office in Delhi
– Patent office in Ahmedabad
– Patent office in Mumbai
– Patent office in Chennai
When an application is submitted at any one of the four offices in Delhi, Mumbai, Chennai and Ahmedabad and are rerouted to the head
office in Kolkata,
the following is the application procedure for filing for a design registration:
 The application must be filed with Form-1 along with the following details:- Name of applicant. – Address of the applicant. – Nationality
of the applicant. – In the case where the applicant is not a natural person, i.e. a company, etc. you must include information regarding
the place of incorporation and the legal status of the entity. – The required fee applicable.
 The class and the sub-class of the article under the Locarno Classification, of the article embodying the design.
 The name of the article to which the design is applied upon.
 Representation of the design. In the case where the design is two dimensional, two copies of the design are to be submitted. In the
case where the design is three dimensional, two copies of the design from the viewpoint of the front, back, top, bottom, and the two
sides must be submitted. Further, the applicant must also highlight the unique features of the design that sets it apart from any other
existing designs.
 If the application is to register the design in more than one class, each class of registration must have a separate application.
 Statement of disclaimer or novelty must be attached to each representation with respect to mechanical processes, trademark,
numbers, letters etc. it should also be endorsed and duly signed and dated on each representation by the applicant or the authorised
person on behalf of the applicant.
 After submission of the application, the patent office will examine the application and raise objections, if any. Upon the clearance or
removal of all objections, the design shall be granted a copyright certificate by the patent office.
 The registration of the design is valid for ten years from the date of registration.
 The period of registration may be extended by another 5 years before the expiry of the first ten year period by submitting an application
through Form-3 and paying a fee of Rs 2000.
Categories of an Applicant
As of 2014, the Design (Amendment) Rules, 2014 introduced two categories of applicants: – Natural person – Other than a natural person
The importance of this classification of applicants is the different fee structures that are imposed upon the applicant depending upon the
category that they fall under.
Under the category of ‘Other than a natural person’, there are two sub-categories:
 Small entity
 Others except for a small entity
The advantage received by small entities is a reduction in the fee that needs to be paid when applying to register a design. The advantage of
registering a design is that the holder of the registration certificate has the legal right to stop anyone else from using the design without his
permission.
In the case where the design is being used by a third party without the knowledge of the holder of the certificate, the holder of the certificate
may claim damages in the court of law. This enables him to get compensation from the person violating his right over the usage of the
design.

Basic requirements of design registration

In order for the design to be registered and protected under the Design Act, 2000, it needs to fulfil the following essential elements.
Novelty aspect
Novelty means newness. If a product’s design has a novelty aspect then only it can be registered. A combination of registered designs can
also be considered, only if that combination produces new visuals.
No prior publication of design and the design must be unique
The design should be unique in nature and should not be disclosed to the public anywhere in India or somewhere else in the world by way of
use or prior publication or in any other way.
Making application of design to an article
The design should be applied to the article itself. Without an article, registration of a design is not possible.
Design should not be contrary to public order, morality or security of India
The design should not be prohibited by the Government or any authorized institution. It must be capable of registration under section 5 of the
Design Act, 2000. The design which is against public morality or against the sentiments of people may not be allowed to get registered.
Documents required for design registration
Following are the documents required to register a document in India:
1. Name and detail address of the applicant
2. Nature/legal status of the applicant i.e. whether the applicant is a natural person or company etc.
3. For start-ups, the applicant should provide a certificate of registration.
4. The applicant is also required to file the description of the ‘article’ along with the identification of the class as per the classification.
5. Minimum 4 images/drawings of the article from every angle is to be filed along with the application.
Steps involved in design registration under the Design Act, 2000
Prior art work
The applicant will conduct a search and find out whether any similar design has been previously registered or not. There are various
databases paid as well as unpaid to help the applicant for search such as–IP India’s online public design search platform and WIPO’S Global
design database. If the applicant is unable to find the number of a similar design, then Form no – 7 is filed along with Rs.1000.
Representation and classification of designs
The applicant needs to recognize the exact class of design from the Locarno classification based on the function of the article. And a
representation/diagram should be prepared on white A4 size white paper and must indicate the details of the design and applicant clearly. If
the applicant does not prepare it in A4 size then the portal won’t accept it and can delay the application. Applicant’s details would be the
name, address, and name of the article on which design has been applied. If the applicant is a foreigner, then he/she shall require to give an
address for services in India.
Statement of novelty
Statement of Novelty is the most important point of an application. It will be stated below the representation sheet. This will enable a
speedier examination of the design and registration process. According to the given below statement of novelty, the applicant can draft this
statement:-
“ The novelty resides in the shape and configuration of the ‘XYZ design’ as illustrated.”
Disclaimer
Often the design of the article is confused with a trademark. Thus, disclaimer becomes essential to convey that under this registration, no
claim of use is made to any trademark. Also, it is essential to specify if there are any powers of attorney. Following is the sample draft of the
disclaimer:-
“No claim is made by virtue of this registration to any right to the exclusive use of the words, letters, nor of trademarks appearing in the
representation.”
Claim a priority date
If the application is made in conventional countries or countries in which are members of the intergovernmental organizations, then in that
case, the applicant can claim a priority date in India. This shall be the date of filing the application in any such country (provided application
must be made within 6 months in India.)
Payment of fees
Payment of fees can be done by cheque or draft payable at Kolkata head office or in cash. The application fee for registration is Rs. 1000
and Rs. 2000 for renewal.
Other initial processing of application
At this stage, an applicant has allotted a registration number when an application is filed with all related documents and fees attached
therewith. The application can be filed either at the Design Office, Kolkata or any of its branches in Delhi, Mumbai or Chennai. Then a
substantive examination is conducted by the examination officer and the report is presented within 2 months.
Facing objections
If an applicant receives any formal objections, then the applicant is given an opportunity to amend those objections by filing a written
response. If the examination officer is not satisfied with the written reply, then an opportunity for a hearing will be given. If the applicant still
fails, the design is declared non-registrable. All this is done within 6 months from the date of filing.
Final stage of registration and publication
If all stages are cleared by the applicant, then the application will be registered and published in the patent’s office and a certificate of
registration will be issued. Registration of design will be valid for a period of 10 years and can be renewed for another 5 years. All this
process will be completed within 8 to 12 months.
Graphical representation of entire registration process of design application
Conclusion
Preserving originality is the essence of Intellectual Property rights. In India, it is not compulsory to register an industrial design under Design
Act, 2000 for usage. But for the better commercial value of the product, gaining new customers, promotion of the brand in the whole world, it
becomes extremely essential. Some articles or products are very dynamic and ever-changing in nature and they deserve to get legal
protection for their owner. Thus, the object behind the creation of this Act is to regulate the design registering process by industrial means.
But in 2021 also, people tend to ignore the importance of registration of intellectual properties as it is not compulsory in India to register
them. Mostly, small and medium business enterprises are unaware of how they can gain more commercial value for their product and
promote their brand by registering their Industrial Designs. For successful registration of various IPs, people should hire an attorney who has
good knowledge of IP as it might help them avoid IP infringement cases.

Q:What is meant by ‘Design’ under the Designs Act, 2000?

A:
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article
whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is
in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise
Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

Q:What is meant by an article under the Designs Act, 2000?

A:
Under the Designs Act, 2000 the "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part
of an article capable of being made and sold separately.

Q:What is the object of registration of Designs?

A:
Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process
or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design
Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their
goods.

Q:Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design?
A:
No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist.
Article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil original case
No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.
 Q:When does the Applicant for Registration of Design get the registration certificate?
A:
When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant. However, a
separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.

Q:What is a Register of Designs?

A:
The Register of Designs is a document maintained by The Patent Office, Kolkata as a statutory requirement. It contains the design number, class number, date of
filing (in this country) and reciprocity date (if any), name and address of Proprietor and such other matters as would affect the validity of proprietorship of the
design and it is open for public inspection on payment of prescribed fee & extract from register may also be obtained on request with the prescribed fee.

Q:What is the effect of registration of design?

A:
The registration of a design confers upon the registered proprietor ‘Copyright’ in the design for the period of registration. ‘Copyright’ means the exclusive right to
apply a design to the article belonging to the class in which it is registered.

Q:What is the duration of the registration of a design? Can it be extended?

A:
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is
ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made in Form-3 accompanied by
prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even
as soon as the design is registered.

Q:What is the date of registration?

A:
The date of registration except in case of priority is the actual date of filing of the application. In case of registration of design with priority, the date of registration is
the date of making an application in the reciprocal country.

Q:Is it possible to re-register a design in respect of which Copyright has expired?

A:
No. A registered design, the copyright of which has expired cannot be re-registered.

Q:How one can ascertain whether registration subsists in respect of any design?
A:
For ascertaining whether registration subsists in respect of a design, a request should be made to the Patent Office, Kolkata. If the Design number is known, the
request should be made on Form 6, otherwise on Form 7, together with prescribed fees. Each such request should be confined to information in respect of a single
design.

Q:What is piracy of a Design?

A:
Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the
purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with
knowledge of the unauthorized application of the design to them also involves piracy of the design.

Q:What is the penalty for the piracy of a registered Design?

A:
If anyone contravenes the copyright in a design he is liable for every offence to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a
maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design. The registered proprietor may bring a suit for the recovery of the damages for
any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/-as contract debt as stated in Section
22(2)(a). The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.

Q:Is marking of an article compulsory in the cases of article to which a registered design has been applied?
A:
Yes, it would be always advantageous to the registered proprietors to mark the article so as to indicate the number of the registered design except in the case of
Textile designs. Otherwise, the registered proprietor would not be entitled to claim damages from any infringer unless the registered proprietor establishes that the
registered proprietor took all proper steps to ensure the marking of the article, or unless the registered proprietor show that the infringement took place after the
person guilty thereof knew or had received notice of the existence of the copyright in the design.

Q:Can the Registration of a Design be cancelled?

A:
The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in form 8 with prescribed fee to the Controller
of Designs on the following grounds:

 That the design has been previously registered in India or

 That it has been published in India or elsewhere prior to date of registration or
 The design is not new or original or
 Design is not registrable or
 It is not a design under Clause (d) of Section 2.
 Q:Isit mandatory to make the article by industrial process or means before making an application for registration of
design?
A:
No, design means a conception or suggestion or idea of a shape or pattern which can be applied to an article or capable to be applied by industrial process or
means. Example- a new shape which can be applied to a pen thus capable of producing a new appearance of a pen on the visual appearance. It is not mandatory
to produce the article first and then make an application.

Q:Why is it important for filing the application for registration of design at the earliest possible?
A:
First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first
application will be considered for registration of design.

Q:Can the same applicant make an application for the same design again, if the prior application has been abandoned ?
A:
Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish
the said design in the meanwhile.

Q:How to get information on registration of design?

A:
After registration of designs the best view of the article along with other bibliographic data will be notified in the Official Journal of The Patent Office, which is being
published on every Friday.

Q:Whether it is possible to transfer the right of ownership?

A:
Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law. However, certain
restrictive conditions not being the subject matter of protection relating to registration of design should not be included in the terms and condition of the
contract/agreement etc. An application in form-10, with prescribed fees in respect of one design and appropriate fees for each additional design, for registration of
the transfer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further
period not exceeding six months in aggregate. An original/notarized copy of the instrument to be registered is required to be enclosed with the application.

Q:What is meant by priority claim?

A:
India is one of the countries party to the Paris Convention so the provisions for the right of priority are applicable. On the basis of a regular first application filed in
one of the contracting state, the applicant may within the six months apply for protection in other contracting states, latter application will be regarded as if it had
been filed on the same day as the first application.

Q:How it is possible to restore the lapsed design due to non-payment of extension fee within prescribed time?
A:
A registration of design will cease to be effective on non-payment of extension fee for further term of five years if the same is not paid before the expiry of original
period of 10 years. However, lapsed designs may be restored provided the following conditions are satisfied:

 Application for restoration in Form-4 with prescribed fees is filed within one year from the date of lapse stating the ground for such non-payment of extension fee with
sufficient reasons.
 If the application for restoration is allowed the proprietor is required to pay the prescribed extension fee and requisite additional fee and finally the lapsed registration is
restored.

Q:Can the name, address of proprietor or address for service be altered in the register of design?
A:
Name and address of the registered proprietor, or address for service can be altered in the register of designs provided this alteration is not made by way of
change of ownership through conveyance i.e. deed of assignment, transmission, licence agreement or by any operation of law. Application in form-22 with
prescribed fee of should be filed to the Controller of Designs with all necessary documents in support of the application as required.

Q:Are the registered designs open for public inspection?

A:
Yes, registered designs are open for public inspection only after publication in the official journal on payment of prescribed fee on a request in Form-5.

Q:Can the application for registration of design be filed by the applicant himself only or through a professional person?
A:
The application for registration of design can be filed by the applicant himself or through a professional person (i.e. patent agent, legal practitioner). However, for
the applicants not resident of India an agent residing in India has to be employed.

Q:What are the important criteria for determining a "set of article"?

A:
If a group of articles meets the following requirements then that group of articles may be regarded as a set of articles under the Designs Act, 2000:

 Ordinarily on sale or intended to be used together.

 All having common design even though articles are different (same class).
 Same general character.
Generally, an article having the same design and sold in different sizes is not considered as a set of articles. Practical example: "Tea set", "Pen set", "Knife set"
etc.
 Q:What is an artistic work which is not subject matter of registration?
A:
An artistic work as defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration which reads as follows:
"Artistic works" means: -

 A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality.
 An work of architecture and
 Any other work of artistic craftsmanship.

Q:What is meant by classification of goods mentioned in the Third Schedule?

A:
The applications for registration of Designs applied to articles are classified according to the Third Schedule of Designs Rules, 2001 for its classification. This is
mainly based on the International Classification System for Industrial Designs known as Locarno Classification. Only one class number is to be mentioned in one
particular application which is mandatory under the Rules. This classification has been made on the basis of Articles on which the design is applied.
Practical Example: If the design is applied to a toothbrush it will be classified under class 04-02. Similarly if the design is applied to a calculator, it will be classified
in class 18-01. Subsequent application by the same proprietor for registration of same or similar design applied to any article of the same class is possible, but
period of registration will be valid only up to period of previous registration of same design.

Q:What is meant by Property mark as per the Indian Penal Code, Sec. 479?
A:
A mark used for denoting that movable property belongs to a particular person is called a property mark. It means that marking any movable property or goods, or
any case, package or receptacle containing goods; or using any case, package or receptacle, with any mark thereon. Practical example: The mark used by the
Indian Railway on their goods may be termed as a Property Mark for the purpose of easy identification of the owner.

Q:What is meant by Intellectual Property ?

A:
Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual
Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce.
Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory
rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the
progress of humankind.
The intellectual property is classified into seven categories i.e

 Patent
 Industrial Design
 Trade Marks
 Copyright
 Geographical Indications
 Lay out designs of integrated circuits
 Protection of undisclosed information/Trade Secret according to TRIPs agreements.

Q:What are the essential requirements for the registration of ‘design’ under the Designs Act, 2000?
A:
 The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the
application of a known shape or pattern to new subject matter.
 The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
 The design should be applied or applicable to any article by any industrial process.
 The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on
the finished article, for which it is meant.
 Any mode or principle of construction or operation or any thing which is in substance a mere mechanical device, would not be a registrable design. For instance a key
having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a
design under the Act.
 The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

Q:How does a registration of design stop other people from exploiting?

A:
Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not
lower than District Court in order to stop such exploitation and to claim any damage to which the registered proprietor is legally entitled. However, it may please be
noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the
Designs Act, 2000.
The Patent Office does not become involved with any issue relating to enforcement of right accrued by registration. Similarly The Patent Office does not involve
itself with any issue relating to exploitation or commercialization of the registered design.

What are remedies against infringement of copyright ? Discuss.

What do you understand by infringement of copyright ? Discuss the civil and criminal remedies available against infringement of
copyright.
Copyright refers to the collection of rights that are automatically vested on the creator of the original work of authorship such as a literary
work, music, movies or software. The copyright holder i.e. the creator of the original work has the right over his work, he can transfer his
rights to others or keep full control over his work by not giving the right to anyone to copy or produce his work.
Copyright has been defined in Section 14 of the Copyright Act, 1957 as an exclusive right to do or authorise the doing of any of the following
acts in respect of a work or any substantial part thereof, namely:
 Reproduce the work in any form including storing the work in any form
 Issue copies of the work to the public
 Perform the work in Public
 Make any cinematographic film in respect of the work
 Translate the work
 Make an adaptation of the work
Examples of Copyright
 Someone publishes the novel, then he gets the copyright for the novel.
 The makers of the film have a copyright over the film.
Why is copyright important
Copyright is important for various reasons, namely,
 Copyright legally protects the creator’s work
 Copyright helps the author to exercise control over his work
 It provides ownership to the creator of the work.
Purpose of Copyright
 To promote the progress of useful arts and science by protecting the exclusive rights of the creators.
 To provide incentive and reward to the creators for producing original content. The creators can be economically benefited by their
copyrighted work and receive proper recognition.
 To encourage the creators to come up with creative ideas.
Scope of Copyright
 Copyright is provided for a wide range of expressions like literary works, Artistic work, music and Cinematography.
 Literary works include novels, books, newspaper articles, journals, research papers, magazines, instruction manuals.
 Artistic work includes painting, sculpture, diagrammatic representation, drawing.
 Music includes original music work and a specific combination of melody and harmony.
 Cinematography includes movies, tv shows, documentaries, television recording of events.
 It is provided for work and not for ideas.
Copyright Protection
Copyright protection is given to all original literary, artistic, musical or dramatic, sound recording and cinematography. The originality of the
work is the prerequisite to claim for copyright. Original work means that the work has not been copied. A work is protected irrespective of its
content or quality.
Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. Copyright
infringement means that the rights afforded to the copyright holder, such as the exclusive use of a work for a set period of time, are being
breached by a third party. The advent of the internet has posed a threat to people in different ways. One of them is Copyright infringement.
People can have access to millions of websites with just a click, post something on social media networks by altering somebody’s original
work, a popular example of such alteration is the submission of research papers where researchers often use different sources to produce
their work. People often copy someone else’s original work without having any authority to do so.
Section 51 of the Copyright Act specifies when a copyright is infringed. According to Section 51 of the Act, Copyright is deemed to be
infringed if:
 A person without obtaining the permission of the copyright holder does any act which only the copyright holder is authorised to do.
 A person permits the place to be used for communication, selling, distribution or exhibition of an infringing work unless he was not
aware or has no reason to believe that such permission will result in the violation of copyright.
 A person imports infringing copies of a work
 A person without obtaining the authority from the copyright holder reproduces his work in any form.
Types of Copyright Infringement
Copyright infringement can be broadly classified into two categories:
 Primary Infringement
 Secondary Infringement
Primary Infringement
Primary infringement refers to the real act of copying the work of the copyright holder. For example, photocopying a book and then
distributing it for commercial purposes.
However, sometimes a person may only copy a part of the work, for example, a paragraph of an article. In such a case, the copyright holder
is required to establish two things:
Substantial Taking
A copyright is infringed only when an unauthorized person copies a substantial part of the work. For example, copying a catchy phrase of a
lyricist.
While deciding the case, the court also tries to conceive, how an ordinary person will perceive the work. If an ordinary person will perceive
that the work is copied from a different source then it will be considered infringement.
If the writing style, language and errors are similar to the copyrighted work then it will serve as evidence of copying in a court of law. The
minor alterations made by the person in the work of a copyright holder will not affect the claim of infringement.
Casual Connection
The copyright holder must prove that there is a similarity in the works of the copyright holder and the infringer. However, this may be because
of several other reasons like both of them have used the same source for the research. In such a case, the copyright holder can not claim for
infringement.
Secondary Infringement
Secondary Infringement refers to the infringement of copyright work without actually copying it. This can happen in the following ways:
Providing a place for Copyright Infringement
If a person provides the place or permits the place (for profit) to be used for communicating of the work the public and such work amounts to
copyright infringement then such person can be made liable for the offence of copyright imprisonment. However, if the person is unaware or
has no reason to believe that the place is used for copyright infringement then cannot be made liable for the same.
It is important to note that the person should let the place for “profit” to be made liable for copyright infringement. If an NGO lets the place
then the NGO cannot be made liable for the same.
Selling Infringing Copies
If a person sells the copies that infringe the right of the copyright holder then it will amount to copyright infringement.
Distributing Infringing Copies
When a person distributes infringing copies of the copyright holder works then it will amount to copyright infringement. For example, if a
person uploads a movie on the internet for free then it is an infringement of copyright.
Importing Infringing Copies
Importing the infringed work of the copyright holder in India also amounts to infringement of Copyright. However, if the person has imported
the infringed work for the domestic or personal use then it will not amount to Copyright Infringement.
Remedies for Infringement of Copyright
Under the Copyright Act, 1957 the copyright holder has two types of remedies:
Civil Remedies
 Section 55(1) of the copyright act, provides that the copyright holder is entitled to remedy by way of injunction. The injunction is
the most effective remedy in case of copyright infringement. Injunction refers to the judicial process by which one who is
threatening the legal rights of someone is restrained to continue his acts or is ordered to restore the matter to the position in which
they stood before the action.
 Section 55(1) of the copyright act, further provides that the copyright holder is entitled to damages for copyright infringement. The
purpose of providing the damages to the copyright holder is to restore him to the earlier position. There are various factors that
determine the amount of damages to be paid to the copyright holder. Generally, the damages are awarded for the amount that the
copyright holder would have got if the person had obtained the license from him. However, there are various other factors as well,
that determines the amount of damages like the loss of profit to the copyright holder, loss of reputation, decrease in the sale of the
copyright holder’s work etc.
Criminal Remedies
 The copyright holder can take criminal proceedings against the infringer. The criminal remedy is not an alternative to the civil
remedy but is complementary to it. Thus, the copyright holder can bring both civil and criminal proceedings simultaneously.
 Section 63 of the Copyright Act, states that copyright infringement is a criminal offence.
Conclusion
To sum up, the purpose of copyright is to protect the rights of the creator and provide the incentives and economic benefits to the creator.
The scope of copyright extends to the literary or artistic works which demands creativity including Database and computer software. The
registration of work is not necessary to be eligible for copyright however, it is often advised to register the work because it serves as an
evidence in the court.
If a person infringers the copyrighted work of someone then he will be liable for both the criminal liabilities and civil liabilities. However, there
are certain exceptions to the copyright infringement i.e. in certain cases a person is not required to obtain the permission of the copyright
holder to use his work. However, it is always advised to produce the original work and not to use someone’s copyrighted work without
permission.

Define Trademarks and write about evolution of trademarks.

 A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product.
  It legally differentiates a product or service from all others of its kind and recognizes the source company's ownership of
the brand.
 Trademarks may or may not be registered and are denoted by the ® and ™ symbols respectively.
 Although trademarks do not expire, the owner must make regular use of it in order to receive the protections associated with
them.

Understanding Trademarks
Trademarks not only help distinguish products within the legal and business systems—but just as significantly—with consumers. They are
used to identify and protect words and design elements that identify the source, owner, or developer of a product or service. They can be
corporate logos, slogans, bands, or the brand name of a product. Similar to a trademark, a service mark identifies and distinguishes the
source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks.
Using a trademark prevents others from using a company or individual's products or services without their permission. They also prohibit any
marks that have a likelihood of confusion with an existing one. This means that a business cannot use a symbol or brand name if it looks or
sounds similar, or has a similar meaning to one that’s already on the books—especially if the products or services are related. For instance,
a soft drink company can't legally use a symbol that looks like that of Coca-Cola and it can't use a name that sounds like Coke.
History of (trade)marks
Dating back to those barbarian times where majority of people could not read or write is when symbols became a logical method of letting
people know, what belonged to whom? The earliest marks were that of marking of animals, so a farmer, rancher or lord could distinguish
what animals belonged to whom. As commerce developed, marks began to serve a number of purposes. ‘Potters mark’ of Greek and Roman
times appeared on vessels to indicate the origin, destination along with the identification of the maker. The ancient Egyptian Artifacts
embraced various symbols carved on structures based on religious and superstitious reasoning. The usage of stamps on bricks by the
Roman brick maker for the purpose of identification began as early as the 2nd Century BC. One of the finest examples of both ancient and
modern trademark use was the Barber’s pole which was used to indicate the location of business. In medieval England, sword
manufacturers were required to use identification marks so that the defective weapons could be traced back to the producer for a possible
punishment. Eventually, use of marks became a ground to prove ownership of goods. As merchandising and trade picked up significantly
during the 10th Century,’ merchants mark’ also referred to as ‘proprietary mark’ was used to prove ownership rights of goods. As 14th and
15th centuries observed dramatic emergence of merchant and craft guilds, trademark- like symbols and logos began to appear as
identification of goods and services. Gradually as Industrial Revolution sparked, guild system disintegrated into free business and thus
establishing civil protection against those who replicated the mark of another.

Evolution Of Trademark Law

The dictum ‘nobody has any right to represent his goods as the goods of somebody else’ and ‘nobody has the right to pass off his goods as
the goods of somebody else’ was established in the case, Southern v How, 1617, where a clothier who had gained great reputation by
putting his marks on clothes made by him was used by another to deceive and make profits. The Courts thereafter followed these principles
as the law. They recognized such disputes and gave remedies as ‘passing off’.
Before the enactment of a statutory law, trademarks prevailed as common law marks. The need for a law on registration of trademark and
protection against infringement was recognized giving scope for the very first statutory enactment in Britain in the year 1875. The British
Trademark act of 1875 provided for a formal registration of trademark based on the fulfillment of criterion whether the Trademark
distinguished the goods of the trader or not. Thus, Registration was considered prima facie evidence of ownership of a Trademark.
Eventually, the Trademark act, 1875 was repealed and substituted by the Patents, Designs and Trademark Act, 1883 which included the
facility to register ‘fancy words not in common use’ and ‘brands’ as new marks for the first time. This Act was further substituted by the
Trademark Act, 1905. The next re-enactment was the Trademark Act, 1938. India borrowed the British Trademark Act, 1938 and prepared
the first Act on the subject as Trademark Act of 1940. Independent India molded the Trade & Merchandise Mark Act, 1958. The Act is now
operative as Trademark Act, 1999 which came into force with effect from 30th day of December 1999.
Draw distinction between trademarks and property works.
The concept of a trade mark is distinct from that of a property mark. A mark, as defined by Section 2(1)(j) of the Trade and Merchandise
Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, word, letter or numerical or any combination thereof. A
trade mark means a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade
between the goods and some person having the right as proprietor to use that mark. The function of a trade mark is to give an indication to
the purchaser or a possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from
which the goods come, or the trade hands through which they pass on their way to the market, (per Bowen, L.J., in In re Powell's Trade
Mark (1893) 10 R.P.C. 200. On the other hand, a property mark, as defined by Section 479 of the Penal Code means a mark used for
denoting that a movable property belongs to a particular person. Thus, the distinction between a trade mark and a property mark is that
whereas the former denotes the manufacture or quality of the goods to which it is attached, the latter denotes the ownership in them. In other
words, a trade mark concerns the goods themselves, while a property mark concerns the proprietor. A property mark attached to the
movable property of a person remains even if part of such property goes out of his hands and ceases to be his.

What is meaning and functions of Trademark ? Describe absolute grounds for refusal of registration of Trademarks.
What is ‘Trademark’ ? Explain absolute grounds of refusal of trademarks.
A trademark is a brand name or logo associated with the company’s goods, products or services. The consumers who buy the goods or avail
of the services recognise it with its brand. The brand or trademark may consist of words or numerals, designs or a combination of all. A
trademark can distinguish the goods or services of one person or company from those of others. They are intellectual property rights in India.
The Trademarks Act, 1999, regulates the registration and functions of a trademark.
Primary Functions of Trademarks
A trademark primarily serves the purpose of identifying the origin or source of goods, products or services. In India, a trademark performs the
following functions:
 It identifies the product and its origin
 It proposes to guarantee the quality of the product
 It advertises the product as it represents the product
 It creates the image of a product in the minds of the public, especially the consumers or the prospective consumers of the product

Product Differentiation Function

Trademarks serve as the basic means of achieving product or service differentiation. The trademarks enable a customer to distinguish
goods, products or services in the market without confusion and make him/her arrive at a decision on what to purchase.
In perfect competition, trademarked services or products of various sellers are the perfect substitutes for a buyer. But in product
differentiation competition, such trademarked services or products are just close substitutes. The competition takes place in building brand
loyalty and advertising effort based on the non-substitutability of the services or products.
For example: The advertisers of the brand ‘Surf’ seek to build an image that the ‘Surf’ brand has qualities that cannot be replaced by any
other detergent and all the other detergents like ‘Ariel’ or ‘RIN’ possess different quality or characteristics. A message is built up that the
customer is looking for the product ‘Surf’ and not just a detergent.
Identification of Source and Origin Function
One of the most important functions of a trademark is to serve as information to the customers for identifying the origin or source of a
product. The trademark guarantees the identity of the origin of the trademarked services or goods to the consumer or end-user. It enables
the consumer to distinguish the trademarked goods or services from others that have another origin without any confusion.
Under the Trademarks Act, 1999, a trademark must be distinctive to fulfil its identification of origin function. When the trademark is distinctive,
it is granted registration and protection under the trademarks law in India. The Registrar of Trademarks can refuse the trademark registration
when the mark is not distinctive, and thus, the trademark will fail to perform its function of identifying the source. Trademarks get legal
protection under the Trademarks Act, thus making it difficult for third parties to intimate or copy the product.
The Trademarks Act also safeguards the trademark since it prohibits any identical or similar use of the trademark by its competitors in the
market, who may take advantage of the reputation and position of the trademark.
For example: The trademark ‘Brooke Bond’ identifies tea originating from a company manufacturing tea and marketing it under that
trademark.
Quality Function
A trademark ensures customers of the quality of the trademarked products or services.
Customers select goods or services known for their quality.
Thus, trademarks help the customers decide the products they need to purchase or the service they need to avail of. Reputation and
identification of quality are the key features of trademarks.
Customers often use trademarks to identify and choose products or services with quality.
When a customer has a good experience with a trademarked product, he/she will prefer to use the same product having the same
trademark.
A customer will re-purchase a product again as he/she will believe the trademarked product will have the same high quality that it had when it
was purchased previously.
For example: The quality of tea sold in the packs trademarked as ‘Brooke Bond’ would be similar, but they would be different from tea
labelled with the trademark ‘Taj Mahal’.
Advertising Function
The trademark represents a product or service.
Another significant function of trademarks is promoting products and services, thus providing an effective mode of advertising them.
The intention of the use of trademarks is to make consumers aware of the trademark and attract their attention to the trademarked products
or services.
Customers can be attracted through advertisements, which reinforce the image of a product or service.
Trademarks are used in marketing and advertising campaigns to establish positive associations and brand recognition.
The trademark or logos act as a visual cue for the services and goods of a company and thus set it apart from its competitors.
Companies can achieve brand recognition successfully by using a logo or slogan.
For example: The trademark of ‘Sony’ is associated with electronic items. Thus, customers associate the trademark ‘Sony’ with a particular
quality of a particular class of goods. It advertises the product while distinguishing them from the products of Sony’s competitors.
Creation of Image Function
Trademarks create an image of the product or service they are associated with. Trademarks essentially function to create goodwill for the
company.
The goodwill embodied in a trademark constitutes a company’s intellectual property or asset.
The prolonged usage of a trademark associated with a particular business helps the business gain reputation and goodwill regarding its
particular trademark.
In due course of time, the general public gains the knowledge and is aware of the trade name or brand name and associates the particular
trademark with the specific services or goods.
Thus, trademarks gain reputation and goodwill, which eventually expands to a larger area making the trademarks known globally.
For example: The mark ‘M’ which represents the food items originating from the American fast-food chain ‘McDonalds’, creates a reputation
and image for food items offered by it for sale in the market.

Trademarks in India are registered under the Trademarks Act, 1999 (“Act”).
An application is filed to the Registrar of Trademarks (“Registrar”) for registration.
The Registrar may accept the application and proceed to register the trademark.
He can also reject the application if he finds any fault in it.
The Act also provides a list of trademarks which cannot be registered.

What is ‘Trademark’ ? Explain absolute grounds of refusal of trademarks.

A trademark is a brand name or logo associated with the company’s goods, products or services. The consumers who buy the goods or avail
of the services recognise it with its brand. The brand or trademark may consist of words or numerals, designs or a combination of all. A
trademark can distinguish the goods or services of one person or company from those of others. They are intellectual property rights in India.
The Trademarks Act, 1999, regulates the registration and functions of a trademark.
Absolute Grounds For Refusal Of Registration
Section 9 of the Act lists down the absolute grounds for refusal of registration. If any trademark comes under the grounds listed in this
section, it cannot be registered. The absolute grounds for refusing registration are –
 Trademarks which do not possess any distinctive character. Distinctive character means trademarks which are not capable of
distinguishing the goods or services of one person from those of another.
 Trademarks which exclusively contain marks or indications which serve in trade to define the kind, quality, quantity, intended
purpose, values or geographical origin of goods or services rendered.
 Trademarks which exclusively contain marks or indications which have become customary in the current language or the
established practices of the trade.
 Trademarks are of such a nature which deceives or cause confusion to the public.
  Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India.
 Trademarks which contain or comprise scandalous or obscene matter.
 If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.
 Trademarks which consist of marks of the shape of goods which result from the nature of goods themselves.
 Trademarks which consist of marks of the shape of goods which is necessary to obtain a technical result.
 Trademarks which consist of marks of the shape which gives substantial value to the goods.

The Act provides for an exception with regard to the first three points, i.e. where the trademarks lack distinctiveness or which contain
exclusive marks which sever in the trade to define kind, quality etc. or contains marks which have become customary in the trade practices.
The exception is that the trademarks that come under the first three points shall not be refused registration if the trademark has acquired a
distinctive character as a result of the use or is a well-known trademark before applying for registration.
Relative Grounds For Refusal Of Registration
Section 11 of the Act provides relative grounds for refusal of registration. This section provides exceptions to the grounds of refusal. If the
exceptions are complied with, then the trademarks under section 11 can be registered.
Section 11(1) states the following grounds for refusal –
 Trademarks which confuse the public as it is identical with an earlier similar trademark of goods or services.
 Trademarks which confuse the public as it is similar with an earlier identical trademark of goods or services.

An exception to this section is if there is an honest concurrent use of the trademark, the Registrar of Trademarks may allow the registration.
Section 11(2) states the following grounds for refusal –
 Trademarks which would take unfair advantage of a similar or identical earlier well-known trademark in India.
 Trademarks which would be detrimental to the distinctive character or repute of a similar or identical earlier well-known trademark
in India.

Section 11(3) states the following grounds for refusal –

 The usage of the trademark is bound to be prevented by the law of passing off protecting an unregistered trademark used in the
course of trade.
 The usage of the trademark is bound to be prevented by the law of copyright.

The trademarks mentioned in Section 11(2) and 11(3) shall not be refused registration unless an objection is raised in opposition
proceedings by the proprietor of the earlier trademark.
Section 11(4) provides an exception to all the grounds mentioned above. It states that the trademarks that fall under Section 11 can be
registered if the proprietor of the earlier trademark consents to the registration. If the proprietor of the earlier well-known trademark gives his
consent to register the latter trademark, the Registrar can register it.
Names Which Cannot Be Registered
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is
commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be
registered.
Trademarks which falsely suggest a connection with any living person can be declined registration by the Registrar unless the consent of
such living person is obtained. Similarly, trademarks which falsely suggest a connection with any dead person within twenty years of
submitting the application for registration can be declined by the Registrar unless the consent of legal representatives of such person is
obtained.
Illustrations Of Refusal Of Registration
A few illustrations of the words which were rejected registration on the basis of the above grounds are given below –
 Words like ‘Himalayan’ or ‘Shimla’ were rejected registration as they indicate geographic origin.
 Words like ‘Janta’ or ‘Rasoi’ were not registered as they were common expressions.
 The word ‘Saffo’ was not registered for cleaning powder and liquid as being too close to the word ‘Saff’ meaning clean. This word
indicated the character of the goods.
 The word ‘Ombrella’ for shower baths curtains was not registered as it was descriptive of umbrella-like shower bath curtains.
 The word ‘Heavenly’ for cosmetics was not registered as it is a word which is in common use.
 The word ‘Electrix’ for electric vacuum cleaners was rejected registration on the ground of it being similar to the common term
‘Electric’.
 A mark consisting of representation of parts of chain wheel and chain and a blank space was refused registration on the ground of
chains and chain wheels as being not distinctive.
Discuss in detail modes of infringement of registered trademarks and remedies thereof.
Registered trademark means a distinctive mark or symbol i.e. logo, slogan, word, taste etc., to which a person/company/business is holding
the right of ownership by fulfilling all the legal requirements under The Trademark act, 1999. Infringement can only be said if a trademark is
registered and there cannot be any action against unregistered trademark’s infringement generally.
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;
Section 29 of The Trade Marks Act, 1999: Infringement of registered trademarks.—
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in
the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which
the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark.
(2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in
the course of trade, a mark which because of—
(a) its identity with the registered trade mark and the similarity of the goods or services covered by such registered trade mark; or
(b) its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark; or
(c) its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to
cause confusion on the part of the public, or which is likely to have an association with the registered trade mark.
(3) In any case falling under clause (c) of sub-section (2), the court shall presume that it is likely to cause confusion on the part of the public.
(4) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in
the course of trade, a mark which—
(a) is identical with or similar to the registered trade mark; and
(b) is used in relation to goods or services which are not similar to those for which the trade mark is registered; and
(c) the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental
to, the distinctive character or repute of the registered trade mark.
(5) A registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or
name of his business concern or part of the name, of his business concern dealing in goods or services in respect of which the trade mark is
registered.
(6) For the purposes of this section, a person uses a registered mark, if, in particular, he—
(a) affixes it to goods or the packaging thereof;
(b) offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or
supplies services under the registered trade mark; (c) imports or exports goods under the mark; or
(d) uses the registered trade mark on business papers or in advertising.
(7) A registered trade mark is infringed by a person who applies such registered trade mark to a material intended to be used for labeling or
packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had
reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee.
(8) A registered trade mark is infringed by any advertising of that trade mark if such advertising—
(a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or
(b) is detrimental to its distinctive character; or
(c) is against the reputation of the trade mark.
(9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use
of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.
Remedies
Remedies act as a measure for infringement of both the registered as well as unregistered trademarks.
In the former case, it acts as an action to initiate the proceedings of infringement in a court of law while in the latter case, it helps in passing
off the infringement to the hands of common law.
In India, it is Section 29 and Section 30 of the Trade Marks Act, 1999 which lays down remedies for infringement of trademarks.
The remedies discussed below are the ones which are adopted according to the facts and circumstances of the case in hand.
Civil remedies
The Trade Marks Act, 1999 lays down certain civil remedies to be given to the ones whose trademark has been infringed. They are:
1. Injunction or authoritative direction by the court of law is a common civil remedy that can be provided with. The two kinds of
injunction that can be granted are perpetual and temporary injunction. Perpetual injunction is granted depending on the suit
concerned and when the same is supposed to be decreed and therefore is of permanent nature. In the case of a temporary
injunction, a specified time frame comes into the consideration which in this case will be till the court passes its final orders
regarding the matter. The same can be asked for under Order 39 Rule 1 and 2 of the Code of Civil Procedure. This rather
nullifies the purpose of filing the suit and thus allows the defendant to continue usage of the mark similar as that of the plaintiff.
 2. Damages can be claimed by the aggrieved party on grounds that the exclusive right of using the trademark he owns has been
ceased and this subsequently has led to him or his enterprise suffering losses.
3. A civil remedy that is often claimed is handling of the profit accounts along with a command for delivery or removal of the products
that have been infringed.
Section 135 of the Trade Marks Act, 1999 provides statutory identification towards the Anton Piller Order which in turn prevents the
defendant from taking off assets from the court’s jurisdiction. The concerned court often appoints a local commissioner in order to seal the
goods or materials that are infringing in nature as an execution of a civil remedy. So in case of civil remedy, the court either provides for the
grounding of the defendant’s goods or services that is responsible for causing confusion in the minds of the consumers or makes him pay the
damages caused to the plaintiff. At times when civil remedies do not succeed in fulfilling the loss of the plaintiff, the court resorts to civil
remedies.
Procedure Under Civil Law
 A case under Section 134 of Trademark Act, 1999, can be filed in the District Court in case of Infringement of Trademark; the
jurisdiction of the district court will be there where the head office of the plaintiff is situated or the place where the cause of action
has arisen. For suit under Section 134 of Trademark Act, 1999, Section 20 of CPC does not apply to the filing of such a lawsuit.
 The court if thinks fit can pass the following order:
1. An Injunction under Order XXXIX of CPC (Civil Procedure Code) or under Section 36-42 of Specific Relief Act, which will be
restraining the further use of the infringing trademark.
2. Damages or Accounts of Profits
3. Destruction or erasure of infringing labels

Criminal remedies
If we take a look at the Trade Marks Act,1999, it can be viewed that there are several provisions that can be counted as a criminal remedy for
the infringement of trademark. The following are laid down below:
1. Sections 103 of the Act lays down criminal remedy for the contravention of the trademark of any individual or entity which lays
down a period of six months of imprisonment which can be extended till a time frame of three years for infringing trademark
rights.
2. Section 104 of the Act talks about penalties that need to be provided as a sanction against an infringement. The section mentions
a fine of fifty thousand rupees which can be increased till an extent of two lakhs in case someone is found to transgress the
trademark rights.
3. An inflating version of punishment is laid down under Section 105 of the same Act.
4. A seizure of powers of the person liable for infringing can be carried out as a criminal remedy for an efficient adaptation to the
above provisions. This procedure carried out by police is subjected to reasonable grounds of proving the infringement only.

Procedure Under Criminal Law

 An FIR can be filed under Section 154 of the CrPC (Criminal Procedure Code). In case the police officer refuses to file an FIR,
the person can file a complaint under Section 156(3) of CrPC before the Magistrate.
 After the FIR is registered or an order is passed by Magistrate, an investigation will be initiated and conducted by a police officer.
The investigation can include the seizure and search of the goods and services with infringed trademark.
 The benefit of criminal remedy in case of Infringement of Trademark is that the victim can initiate a proceeding against an
unknown person also. Sometimes the identity of distributors and manufactures is not known to the victim, and this operates as an
obstacle in filing a criminal complaint against the infringer of trademark. Section 93 and 94 of CrPC provides for the initiation of a
seizure and search proceeding against an unknown person

Administrative Remedies
It has always been observed that criminal remedies are much more relevant compared to that of civil remedies.Along with civil and criminal
remedies, administrative remedies are also available as a remedy for the infringement of the trademark. The remedies which are available
under the palate of administration are provided below:
By opposing a mark that is similar to the original mark, which can be carried out under Sections 9(1) or 11 of the Trade Marks Act, 1999. If
such a situation arises, interrogations are carried out by the examiner upon the trademark registration. A trademark opposition is always filed
by a third party, thereby opposing the existing trademark in the trademark journal after the completion of its registration procedure.
2) Another way of carrying out administrative remedy is by correcting the trademark which is already registered. This in a way eliminates
confusion of trademarks.
3) As the remedy is administrative in nature, it is carried out by keeping a check in the trade activity of the goods that bear an infringed
trademark. Thus, import as well as export of goods that are labelled with a trademark that is fraudulent by nature is restricted in order to
avoid hesitation. These three ways of carrying out administrative remedy is often useful in preventing trademark infringement.
Legal Remedies against Infringement and/or Passing off
Under the Trade Marks Act, both civil and criminal remedies are simultaneously available against infringement and passing off.
Infringement of trademark is violation of the exclusive rights granted to the registered proprietor of the trademark to use the same. A
trademark is said to be infringed by a person, who, not being a permitted user, uses an identical/similar/deceptively similar mark to the
registered trademark without the authorisation of the registered proprietor of the trademark. However, it is pertinent to note that the Indian
trademark law protects the vested rights of a prior user against a registered proprietor which is based on common law principles.
Passing off is a common law tort used to enforce unregistered trademark rights. Passing off essentially occurs where the reputation in the
trademark of party A is misappropriated by party B, such that party B misrepresents as being the owner of the trademark or having some
affiliation/nexus with party A, thereby damaging the goodwill of party A. For an action of passing off, registration of a trademark is irrelevant.
Registration of a trademark is not a pre-requisite in order to sustain a civil or criminal action against violation of trademarks in India. In India,
a combined civil action for infringement of trademark and passing off can be initiated.
Significantly, infringement of a trademark is a cognizable offence and criminal proceedings can be initiated against the infringers. Such
enforcement mechanisms are expected to boost the protection of marks in India and reduce infringement and contravention of trademarks.
Relief granted by Courts in Suits for Infringement and Passing off
The relief which a court may usually grant in a suit for infringement or passing off includes permanent and interim injunction, damages or
account of profits, delivery of the infringing goods for destruction and cost of the legal proceedings.
The order of interim injunction may be passed ex parte or after notice. The Interim reliefs in the suit may also include order for:

a. Appointment of a local commissioner, which is akin to an "Anton Pillar Order", for search, seizure and preservation of infringing
goods, account books and preparation of inventory, etc.
b. Restraining the infringer from disposing of or dealing with the assets in a manner which may adversely affect plaintiff's ability to
recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.
c. The 'John Doe' order, known as "Ashok Kumar Orders" are injunction orders passed by a court of law against entities, whose
identity is not known at the time of the issuance of the order. These orders are an exception to the general rule which requires the
defendant to be identified prior to the filing of a law-suit. The John Doe order, is important in cases of fly-by-night operators who
do not operate from a fixed location. It allows the plaintiff to search the premises and deliver up evidence of infringement of the
rights of the plaintiff against the unknown infringers.
d. A 'Norwich Pharmacal' order is a court order for the disclosure of information or documents against a third party. It is usually
granted against a third party which has been innocently mixed up in wrongdoing, forcing the disclosure of documents or
information. In the case of Souza Cruz v N K Jain (1995 PTR 97), the Court directed excise and customs commissioners to
disclose the complete export records of infringing cigarettes to Ukraine by the Defendant.

Offences and penalties

In case of a criminal action for infringement or passing off, the offence is punishable with imprisonment for a term which shall not be less than
six months but which may extend to three years and fine which shall not be less than Rs 50,000 (approx. US$ 800) but may extend to Rs
2,00,000 (approx. US$ 3,000).

Alternative answer
What is Trademark Infringement?
Trademark infringement is the unauthorized use of a trademark, a substantially similar mark or slogan on competing or related goods and
services.
Infringement can only be done in case of a registered trademark.
It is an infringement of exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees.
Holding a trademark signifies a company’s claim over the design and it represents the goodwill of a business or brand.
Trademark infringement is the unauthorized taking away that goodwill to convey and fraudulently claim a trademark.
A trademark is capable of distinguishing the goods or service of one person from that of another when used in trade and it is used for
protecting the name of the product or service, hence trademark infringement is a fraudulent representation of the said capability to add value
to products.
Trademark infringement leads to confusion, deception, or a misunderstanding about the actual company from where a product or service
came.
The main exponent of trademark infringement is whether the accused’s use caused a likelihood of confusion in the average customer.
Most common causes of trademark infringement include using closely or deceptively similar brand names or logos for associated goods and
services and using a mark that creates false impression or confusion with the registered trademark.

What amounts to Trademark infringement in India (Ingredients)

Laws related to a trademark are contained in and dealt by The Trademark act, 1999. Section 29 of the same act deals with the trademark
infringement i.e. when it will amount to trademark infringement?
1. Registered Trademark
Registered trademark means a distinctive mark or symbol i.e. logo, slogan, word, taste etc., to which a person/company/business is holding
the right of ownership by fulfilling all the legal requirements under The Trademark act, 1999. Infringement can only be said if a trademark is
registered and there cannot be any action against unregistered trademark’s infringement generally (common law tort of ‘passing off’ is an
exception). Even a registered trademark can constitute trademark infringement when its use is concerning those goods or services which are
not similar to those for which the trademark is registered.
2. Use in the course of trade
Trademark shall be used in the management of business or trade to constitute trademark infringement. Noncommercial use of a trademark
where no gain to the person using it and no loss to the brand or monetary value of the company/business is caused will not constitute
trademark infringement.
3. Identity and Similarity
Mark, logo, slogan etc., used shall be identical to the original trademark to constitute trademark infringement.
4. Confusion in the mind of consumers
Product or service should create confusion in the minds of consumers. Confusion doesn’t mean that consumers shouldn’t know trademark
infringement. Even when the consumer is aware that a product/service is copycat but he/she is going for that product because of the similar
appearance and fake brand value attached to the product ( and copycat products are available at a cheaper price, unavailability of the
original product during that period or any other convenience), it will amount to trademark infringement. The only requirement under this head
is that confusion created in the minds of consumers is likely to have an association with the registered trademark.
5. Unfair advantages
Unfair advantage or illegal gain means earning something by using the name, resource etc., of another company/business. When a
trademark is used by the person who is not authorized to use it and such use in any manner gives him some profit (either monetary or favour
in the market), it will amount to trademark infringement. Unfair advantage can be gained by a person by using a registered trademark as his
trade name or part of his trade name.
6. Use for Packaging or labelling
Using a trademark for packaging or labelling of products is a prima facie act of unauthorized use. It shows the intention of the infringer and
any such act will constitute trademark infringement.
7. Import and export of goods under the mark
Importing and exporting products under a registered mark trust the purchaser/seller of the company whose trademark it carries. Hence all
unauthorized acts of import and export under the mark of an already registered trademark will constitute trademark infringement.
Kinds of Trademark Infringement
For a consumer, a trademark reflects the source and quality of the goods or services. It shows a customer from where a good came and how
much he can trust in that particular product relying on the brand value attached to it. It means the trademark shows the goodwill and brand
value of a business or company. Trademark infringement is to be regarded as an attack on the goodwill and brand value of the company.
Trademark infringement can be done either indirectly or directly:
1. Indirect trademark infringement
It is also known as secondary liability. It is a common law principle which holds a person accountable for inducing direct infringer to infringe.
A person committing indirect infringement can be made liable contributory or vicariously. In contributory infringement, a person will be held
liable if he knows the infringement and materially contributed towards inducement. Vicarious liability is generally applied in the case of an
employer-employee relationship.
2. Direct Infringement
Direct infringement of a trademark includes producing, selling (attempting to sell), or importing a product by using an already registered
trademark in an unauthorized manner or by the person who does not have the authorization of using it.
Civil remedies to infringement of the trademark
Two types of remedies are available to the owner of the product/service in case of unauthorized use of trademarks (trademark infringement)
i.e. civil and criminal. Civil remedies available in case of trademark infringement are as under:
1. Injunction
The action of an injunction means stopping one person from doing a particular activity or task by the due process of law (judicial
proceedings). In the matter of trademark infringement, it is a restriction on a person from unauthorized use of the trademark. The court can
pass an injunction order to prevent a person from further using a trademark. If proceedings are going on and it doesn’t become clear whether
there is trademark infringement or not, in that case, the court can pass a temporal order to stay the use of the trademark by the accused.
2. Damages
Damages refer to monetary compensation awarded to the person who suffered any wrongful loss because of the act of another person.
Recovery of damages is the objective of most civil litigation 2. An order awarding damages for trademark infringement can also be passed by
the court. Court generally awards such compensation which will be more than the loss suffered by the person.
3. Destruction and sealing of material
In the case of trademark infringement, the court is vested with the power to appoint a local commissioner for sealing of infringing material and
account. The court may direct such local commissions to destroy infringing material wholly. The court may also ask the infringer to deliver all
the goods or products which are labelled with the trademark in question before a court of law.
4. Measure for recovery of reputation
The court may direct the infringer to take measure to restore the reputation of the company/business which suffered because of him. This
can be achieved through an apology in advertisements or by giving a statement which brings back the faith of the public in the company or
business whose trademark was infringed.
Criminal remedies to infringement of the trademark
Trademark infringement is a cognizable offence under The Trademark act, 1999, and police are empowered to file a First Information Report
(F.I.R.)and start an investigation.
1. Limitation Period
Trademark infringement is a continuing offence so there is no limit on the period for filing a suit.
2. Jurisdiction
Jurisdiction for a suit of infringement is decided in line with the provisions prescribed under section 134 of The Trademarks act, 1999. No suit
for the infringement of trademark can be filled in any court which is inferior to the district court. The trademark owner can file a suit in the
district court falling within the local limits under and which have jurisdiction to try the suit.

What is piracy of Registered Design ? What are the remedies against it ? Describe.
LEGAL PROCEEDINGS
Section 22 of the Designs Act, 2000
Piracy of registered design
(1) During the existence of copyright in any design it shall not be lawful for any person-
(a) for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or
any fraudulent or obvious imitation thereof, except with the license or written consent of the registered proprietor, or to do anything with a
view to enable the design to be so applied; or
(b) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design
has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof, or
(c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the
design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that
article.
(2) If any person acts in contravention of this section, he shall be liable for every contravention-
(a) to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or
(b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition
thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly:
Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees:
Provided further that no suit or any other proceeding for relief under this subsection shall be instituted in any court below the court of District
Judge.
(3) In any suit or any other proceeding for relief under subsection (2), ever ground on which the registration of a design may be cancelled
under section 19 shall be available as a ground of defence.
(4) Notwithstanding anything contained in the second proviso to sub-Section (2), where any ground or which the registration of a design may
be cancelled under section 19 has been availed of as a ground of defence and sub-section (3) in any suit or other proceeding for relief under
sub-section (2), the suit or such other proceedings shall be transferred by the Court in which the suit or such other proceeding is pending, to
the High Court for decision.
(5) When the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Controller, who shall cause an
entry thereof to be made in the register of designs.
What is piracy of Registered Design ? What are the remedies against it ? Describe.
Section 22 of the Designs Act, 2000
Therefore, if any article or class of articles whose design has already been registered is used for sale by obvious or fraudulent imitation or
being imported for sale without the consent of the proprietor of the registered design or such registered design is been published or exposed
for sale having prior knowledge that it has obvious or fraudulent imitation will be termed as piracy or infringement of the registered design.
Fraudulent or obvious imitation
As discussed above, to constitute piracy of registered design, deceitful or apparent imitation has to be present for infringement of copyright in
the design.
In a fraudulent imitation, the intention is to deceive the person and violate his rights knowingly by imitating his registered design. On the other
hand, an obvious imitation means imitating a registered design by slightly adding modifications to it. Thus, this is to say that such imitation
must constitute the exact duplication of the registered design to constitute piracy.

Remedies against piracy of designs

The inventor whose rights have been infringed due to the piracy of registered design is entitled to judicial remedies. According to Section
22(2) of the Industrial Designs Act, 2000, there can be 2 alternate remedies provided to the registered proprietor in the case of design piracy:
 1. to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt,
or
2. if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and an injunction against the
repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly:
Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees:
Provided further that no suit or any other proceeding for relief under this subsection shall be instituted in any court below the
court of District Judge.

Case laws
Dabur India Limited v Rajesh Kumar & Others [2008 (37) PTC 227 (Del.)]
Facts of the case
The plaintiff marketed ‘Dabur Amla Hair Oil’ into bottles with a distinctive design, with a semicircular shoulder with a curved back and front
panel that converged the shape and configuration of the bottle of the plaintiff was unique, new, and original and was registered in design No-
17324 under the Designs Act. The green cap was likewise distinctive and it was also registered following the Designs Act. It is also argued
that the bottles are printed on the bottom of the plaintiff’s trademark ‘Dabur’. The plaintiff alleges that they produce plastic bottles, imitate the
plaintiff’s bottles, and also imprint the ‘Dabur’ mark on the bottom, and these bottles are sold by the defendant to ‘Dabur Amla Hair Oil’
counterfeiters. Therefore, both the defendant’s designs and the bottle cap are infringing.”
The case was fully heard and bottles of the complainant along with the defendant were put before the court for comparing and following the
long arguments of the opposing parties.
Judgment
After examining the bottles, the Court initially noted that in the complaint, the plaintiff had made inaccurate averments that the defendants
sold the bottles with the plaintiff’s trademark. The court found no bottle seized by the defendant to carry the trademark ‘Dabur’ on the base or
anywhere else and in its report the Local Commissioner has also stated that seized bottles have not been embossed ‘Dabur’ by the accused
so it is clear that the plaintiff did this to establish an infringement of the trademark.
A quick check on the plaintiff’s bottles might indicate that the bottles used by the complainant are typical bottles utilized by numerous other
firms for the further commercialization of their hair oil, fixers, and liquid product. Plaintiff seemed to have no particular characteristic of the
registered bottle as the design of the plaintiff had the complete bottle as the design and the plastic bottles used by the claimant are extremely
common and do not have a particularly eye-catching design or form.
The Court further found that the plaintiff did not mention any particular originality in the design of the bottle, nor did the plaintiff mention any
originality in the registration certificate, because similar designs are used by several leading firms long before the plaintiff registers this
design.
Disney Enterprises Inc. v. Prime Housewares Ltd. (2014)
In the case of Disney Enterprises Inc. v. Prime House Wares Ltd. India and international registration of industrial designs came into dispute
for the time being in the High Court of Delhi. In this case, Mumbai-based Prime Housewares Ltd. was manufacturing the characters of Disney
such as Mickey-Mouse, Minnie-mouse, and Donald-duck. Disney filed a complaint in the case of trademark infringement with the primary
argument that the trademark of the applicant is protected under Indian law, but not the designs. The Court handed down the order in favour
of Disney over the trademark infringement action. The court also instructed the Indian company to supply Disney with every violating
material, so it can be destroyed.
Britannia Industries Ltd. v. Sara Lee Bakery [AIR 2000 Mad 497]
Facts of the case
The plaintiff is a firm dedicated to manufacturing and commercialization of several foodstuffs, such as bread, biscuits, cupcakes, cakes, etc.
and one of the Plaintiff’s goods is a biscuit called “Milk Bikis Milk Cream”. The biscuit of the plaintiff has a round shape on one side and a
humorous face on the other. Between both cookies, there’s a cream filling, a round nose, and a smile with two teeth that are apparent and
that both teeth are filled with cream. The uniqueness is the form and shape of the face of the cookie on the one hand and the flat cream on
the other hand between the biscuits. The applicant is the registered owner and also possesses the ‘Britannia Milk Bikis Milk Cream’
copyright. The complainant filed the case to note that the defendant had launched the offending product as ‘Milk Wala’ which in all respects
is comparable to the complainant’s product. Thus, the defendant’s action is a pirate against the design of the registered design, a breach of
copyright, and transmission as of the plaintiff, as it is identical in its design.
Judgment
When considering the designs in the consumer’s eye and children, the Court found that it was evident that the primary characteristics of the
two cookies were not very same, and there was thus no violation. The Court evaluated likewise the wrappings of competitor items and ruled
that considerable differences exist and that no violation of copyright was found. In respect of passing-off, the Court held that the plaintiff had
‘Britannia’ on the biscuit wrapper, whereas the trademark by the defendant was ‘Nutrine’ and ‘Milkwala’ on the wrappers of its biscuits. The
design and packaging characteristics of both the items are very different, and young customers can immediately see the differences.
M/s Videocon Industries Ltd v M/s Whirlpool of India Ltd. [MH/0639/2014]
Facts of the case
The complainant registered the design for its washing machines form and arrangement. Plaintiff’s designs are square on one side and
rounded on the other, with a particular visual attraction. The plaintiff has shown their design to be so successful that they have achieved
significant sales of the washing machine with the impugned design within a brief time. Later, the plaintiff saw that the defendant had begun to
produce and commercialize washing machines of the same design, form, and configuration as the plaintiff. The washing equipment of the
defendant had similarities to the design of the plaintiff. It was clear that the defendant had violated the design registered and did intentionally
show the popularity of the distinguished design of the washing machine of the plaintiff. Within these circumstances, the plaintiff brought an
action for a design violation and dismissal.
Judgment
It was decided by the court that the washing machine offered by the defendant, too, is recorded by the plaintiff with a characteristic boat
design. The uniqueness of the design is the shape that appeals visually and has generated value in items that are not related to enhanced
features but desired. The defendant has made no difference to his goods simply by putting some features, altering the location of the knobs,
or adding colour. The testing of an eye-only judgment shows clearly that both machines are comparable and a case of violation is
established.
To sustain the proceedings for dismissal, the Court also found that the person need not be actively involved and, since the opposing
machines are comparable, the case of dismissal is resolved.

Like other Intellectual Properties, Design is also prone to Infringement. An Infringement of Design is an illegal act to use a registered design,
or fraudulent imitation of a registered design, without the authorization from the owner of such registered design. The registered owner of the
design in such case of Infringement of Design can file a suit to recover a nominal sum as damages from the infringer, and also ask the
infringer to stop such Infringement.
Section 2(d) of The Designs Act, 2000: “design” means only the features of shape, configuration, pattern, ornament or composition of lines or
colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether
manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye;
What is design infringement
The owner of a registered design right may exclusively work on the registered design or any design similar to it. If a third party manufactures
or sells, etc., the registered design or any similar design for commercial purposes (meaning that private or domestic use is excluded) and if
the third party is not licensed to do so by the owner of the registered design right, such activity constitutes a design right infringement.
The details of a registered design right are those specified in the request submitted in the application for design registration and the attached
drawings.
However, because the scope of a design right extends to not only the registered design but to any similar design, the similarity of the design
(whether it is similar or not) is an issue for the determination of design infringement.
In making an actual judgement regarding similarity, it is common for two designs to be deemed similar after comparing the two designs and
finding similar
 the overall dominant constitution and the specific constitution of both designs and
 the feature (characteristic creation, the outstanding part when the article is being used, etc.), of the designs, and
 a common dominant constitution in both designs or
 only a slightly different dominant constitution in both designs or the difference is not notable (i.e., the difference is a well-known
constitution).
In the Design Act, 2000, the piracy of registered design is considered as an Infringement of Design in India. Section 22 of the Designs Act,
2000, provides the provisions related to the Piracy of registered Designs in India. As per Section 22 of the Design Act, 2000, any fraudulent
or obvious imitation of a Design that is already registered without the consent of the owner or proprietor of the registered design is unlawful.
The Section also prohibits the import of any kind of substance or material which is in close resemblance to such a registered design.
An Infringement of a registered Design means when any person, without the consent of the proprietor of the design, imports, applies or
publishes the registered design or any obvious or fraudulent or imitation thereof.
In order to ascertain Design Infringement in India, the court or any adjudicatory body is not required to compare the two articles directly but
should look at the articles from the point of view of an average consumer and should see if the two articles are causing any obvious
confusion in the minds of the consumers.
The Design Act, 2000, under Section 22(2), provides for the liabilities of the infringer of a Design, which are the remedies available impliedly
to the registered proprietor or owner of the design. The liability of the infringing party as provided in Section 22 of the Design Act, 2000, in
case of Design Infringement in India is as follows:
 As per Section 22(2)(a) of the Design Act, 2000, the infringer is required to pay a sum not exceeding 25,000 Rupees for every
contravention or breach recoverable as a contract debt to the registered owner or proprietor. The total sum of such amount, which
is recoverable for one design, should not exceed 50,000 Rupees.
 As per Section 22(2)(b) of the Design Act, 2000, the registered owner or proprietor can choose to bring a suit for recovery of the
damages, and can also plead for an injunction against repetition. In such a case, the infringing party is liable to pay such an
amount as the court awards and is also restricted by an injunction, respectively.
The rationale behind such a liability for an infringing party is to make an infringing party liable for loss suffered by the registered owner or
proprietor of the design and to confirm a fair return on the investment of the proprietor or owner.

Although to claim damages, the registered owner or proprietor is required to mark his/her articles in some manner, which will denote that a
particular Design is registered and take all necessary steps needed to ensure the marking of the articles of the registered owner or
proprietor.

Section 55 of the Copyright Act, 1957 provides for civil remedies that can be availed by the registered proprietor wherein, if any person who
is intentionally infringing such work as covered in the Copyright Act, 1957 are entitled to seek remedy in the form of either claiming damages,
accounts or by filing a suit for injunction against the person who has infringed the right of the registered proprietor.

The registered proprietor is also entitled to receive such profit which was gained by the wrongdoer during the time of using the infringed
design of the registered proprietor. The registered proprietor may also seek an interlocutory injunction as under Order 39, Rules 1 and 2 of
The Code of Civil Procedure, 1908 wherein, the registered proprietor has to establish a prima facie case showing “balance of
convenience” in its favour.

As under Administrative Remedies, the registered proprietor of the design can file an application under section 53 of the Copyright Act, 1957
before the Registrar of Copyright for stopping the import of products that are subjected to infringement of his/ her right under the Copyright
Act, 1957 wherein, after necessary examination, may confiscate such products which are likely to infringe the rights of the registered
proprietor.

Section 63 of the Copyright Act, 1957 provides for criminal remedies that can be availed by the registered proprietor wherein, if any person
who is intentionally infringing or abets such infringement of such work as covered in the Copyright Act, 1957 or otherwise (meaning work
connected to designs as under the Act), such person shall be punished by way of imprisonment for a minimum of 6 (six) months which may
extend up to 3 (three) years along with fines amounting to a minimum of INR 50,000 which may extend to INR 2,00,000.

Section 63A of the Copyright Act, 1957 provides for punishment on second and subsequent crime wherein criminal remedies can be availed
by the registered proprietor. Such punishment shall consist of imprisoning the wrongdoer for a minimum of 1 (one) year which may extend up
to 3 (three) years along with fines amounting to a minimum of INR 1,00,000 which may extend to INR 2,00,000.

This article specifically deals with what constitutes an infringement of copyright in design while keeping in mind the provisions as laid down in
the Designs Act, 2000. It provides the remedies available against the person who has infringed the right of the proprietor of the design.

What do you understand by assignment of the copyrights ? What provisions have been made under the Copyright Act, 1957 in this
respect ?
Copyright, a unique intellectual property meant for the creative brothers and sisters around the world is res incorporalis. Res incorporales
are things that cannot be touched or seen, like ideas or concepts.
Assignment of Copyright
Nobody is entitled to copy, reproduce, publish or sell an original writing, painting, dramatic production, sculpture, etc. without the permission
of the creator. Thus, law provides a right to the owner of the copyright (i.e. the creator) to transfer the ownership of the copyright to a third
party. For instance, in the case of making a complete movie – all the creative persons with their idea turned into relevant works come to a
producer, assign their rights that subsist in their work in return for a royalty. These works are then summed up to form a complete movie.
Yes, the process isn’t that easy and involves many questions that arise both at the time of assignment and especially after it.
Features of Copyright Assignment
 It is a pecuniary opportunity for the first owner of copyright. The assignment must specify the amount of copyright [vide Section
19(3) of the Copyright Act]. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with
the assignee of copyright, subject to certain conditions. [vide Section 18(1) proviso of The Copyright Act, 1957.
 In the case of an assignment of copyright in any future work, it shall take effect only when the work comes into existence. In this
regard, “assignee” includes the legal representatives of the assignee, if he dies before the work comes into existence. [vide
Section 18(1) proviso of the Copyright Act].
 The ownership may be assigned either wholly or only for a part of the work in question. [vide Section 18(1) of the Act]
 The Copyright Assignment must be in writing and signed by the assignor or by his duly authorized agent. [vide Section 19(1) of
the Act]
 The duration of assignment must also be specified. The Delhi High Court recognized Section 19(5) and stated that if the
assignment deed is silent about the duration, it shall be deemed to be 5 years from the date of assignment.
 The agreement deed may specify the territorial extent of such assignment. If silent, it shall be presumed to extend within India.
[vide Section 19(6) of the Act]
 The assignment shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties. [vide Section
19(3) of the Act]
 Where the assignee fails to exercise his rights within one year from the date of assignment, the assignment in respect of such
right shall be deemed to have lapsed, unless otherwise specified in the assignment deed. [vide Section 19(4) of the Act]
 If the assignment is in contrary to the terms and conditions of the rights already assigned to a copyright society to which the
creator is a member, it shall be deemed void. [vide Section 19(8) of the Copyright Act]
 The creator is entitled to subsequent royalties in the course of future exploitation of a cinematographic film, which includes his
work, other than by way of exhibitions in a cinema hall. For example, the creator will be entitled to subsequent royalties for
satellite right, home video, internet rights, the etc. Similar clause has been added for the case of sound recording. [vide Section
19(9) and 19(10) of the Copyright Act]
 In the case of a manuscript, the copyright being a personal property of the owner can be transmitted by testamentary disposition.
[vide Section 20 of the Act]
 The equitable assignment is just the agreement to assign.
 The assignee has the rights of- translation, abridgment, adaptation, dramatic and filmmaking in the work.
 For relinquishment of work, the author has to give notice in prescribed form to the Registrar of Copyrights or by way of public
notice. On its receipt, Registrar shall publish it in the Official Gazette. With 14 days of the publication, the Registrar shall post the
notice on the official website of Copyright Office, so that such notice remains in the public domain for not less than three years.
Such right shall cease to exist from the date of the notice. [vide section 21 of the Copyright Act]
It may be noted in this context, that the author has an alternative for the shortcomings or confusions of assignment of copyright. They can
register their work with a copyright society and thereafter license it to whomsoever they desire.
Moral Rights involved in Copyright Assignment
Moral rights are independent of the author’s copyright and shall remain with the author even if he has assigned his copyright.
  The creator of work has the right to claim ownership thereof;
 In case of any distortion, modification or mutilation of the original work, he shall have the right to claim damages;
 If harm is being caused to the goodwill of the creator by commission or omission of any act by the assignee, he shall have the
right to damages provided such an act is done before the expiration of the term of assignment.
Foreseeable disputes
 The first dispute which may arise is that as regards the period of copyright assignment. The statute is very particular that an
assignment has to be for a specified period even if there is an agreement in contrary. [vide Section 19(2) of the Copyright Act]
 Again, in a situation where assignee fails to exercise his rights assigned to him, and the assignor’s actions do not influence such
failure, then, the statute empowers the Copyright Board, on receipt of a complaint from the assignor, to take cognizance of the
case and make necessary inquiries as it may deem fit. It further gives a discretionary power to the Board where it can revoke such
assignment. [vide Section 19A(1) of the Copyright Act]
 In the case of a monetary dispute over a copyright assignment, the Copyright Board has the power on of a complaint from the
aggrieved party, to hold an inquiry and pass necessary order including an order for the recovery of any royalty payable [vide
Section 19A(2) of the Copyright Act]. Any such final order must be passed within a period of six months from the date of receipt of
the complaint. Delay in compliance shall oblige the Board to record the reasons thereof. [vide Section 19A(3) of the Copyright Act]

Write an exhaustive note on ‘Procedure of Registration of Patents’.

Discuss in brief important procedural steps in acquisition of a patent in India and also discuss the rights of a Patentee.
Definition of Patent:
"Under section 2(1)(m) of the 1970 Patent Act of India, the term “patent” can be defined as a legal protection for any invention. In other
words, a patent can be described as a legal right granted to an individual who is regarded as an “inventor” under this Act for any invention."
The Indian Patents Act defines an invention as follows:
Invention means any new and useful:
i) Art, process, method or manner of manufacture,
ii) Machine, apparatus or other article,
iii) Substance produced by manufacture and includes any new & useful improvement of any of them and an alleged invention.
Meaning of Patent:
A patent is that legal right that is granted by the government of a country to an individual or inventor with a view to excluding other people
from selling, making or using the invention for a certain period of time. The essence of the patent system is to encourage product, design or
ideas that are useful to the society.
PROCEDURE FOR OBTAINING A PATENT:
In order for you to obtain a patent, you must send an application to the Indian Patent Office (IPO), fill out some forms and pay a prescribed
fee. The following procedures detailed the process of applying for a patent;
Step 1: Write down a detailed explanation of your invention
The detailed explanation should include the following;
. Area of invention.
. Description of invention. What it does ?
. How does it work ?
. Advantages of the invention.
. A copy of your laboratory record should be attached.
Step 2: Include sketches, diagrams, drawings, and also explain the workings of your invention.
The sketches and diagram should explain the working principle of your invention with visual illustrations.
Step 3: Check whether your idea or invention is patentable
In India, not every invention is patentable. You need to be sure that your invention is patentable. Check to confirm.
Step 4a: Patentability search
After confirming whether your invention is patentable, the next step is to check whether you meet the Indian Patent Act criteria with respect to
the following;
 Novelty
 Non-obviousness
 Industrial application
 Enabling
Step 4b: Make a decision whether to go ahead or not
The patentability search above will help you decide whether to carry on with your patent application or not. The search will save you money,
time, effort, and make you decide quickly.
Step 5: Write your patent application
Ensure you write a professional application. In case, you are not good at writing application letters, you may seek help of a professional for a
small fee.
Step 6: Publication of your application
After drafting your patent application, the application shall be published not later than 18 months of first filing. However, if you cannot wait
until after the 18months expires, then you will have to make an early “patent application publication” request with a token. Generally, it will
take at least a month for your patent application to be published after payment. The publication will include the following;
 Application Number
 Date of Filing
 Title of Invention
 Publication Date
 International Patent Classification
 Name and address of the applicant
 Name of the inventor(s)
 Priority details like priority document number, date, country etc.
 Abstract
 Number of claims
 Drawings (if any)

Step 7: Request for examination

There are certain essentials of patents that have to be fulfilled in order to get a patent for an invention. Your patent application will be
examined once you make an examination request (RFE). Once the controller receives your request for examination, he/she will assign a
patent examiner to examine your application with respect to the following criteria;
 Patentable subject matter
 Novelty
 Non-obviousness
 Inventive step
 Utility or usefulness (capability of Industrial application)
 Enabling

The examiner will then compile a report and forward same to the Controller.
Step 8: Respond to objections
Based on the examination report, the issue of objection may arise. Once you are not satisfied with the report, you have the right to raise an
objection after analyzing the report with some patent professionals.
Step 9: Clearing every objection
This is an opportunity for a patent applicant to communicate with the Controller. Use this opportunity to clear all objections. Otherwise, your
patent application will not be approved. What this means is that all your effort would amount to a nullity.
Step 10: Grant of patent
Once your patent application has been found to have met all patentability criteria, the application would then be granted. The patent approval
would be published in a patent journal.

COST OF PATENT REGISTRATION IN INDIA ?

Generally, there is no specific amount to the cost of obtaining a patent in India. This is because the cost depends on various factors.
In view of the above, to file a patent application, it would cost you between Rs. 45,000 to 65,000.
Who can apply for the patents?
Section 6 of the Act provides that the application can be made by:
 Any person who claims to be the true and first inventor of an invention.
 An assignee of the person claiming to be the true and first inventor.
 A legal representative of the deceased who, before his death, was entitled to make such an application.
 WHERE TO FILE YOUR PATENT APPLICATION ?
The approved office to file your patent application is the Indian Patent Office (IPO). The patent office in India has 4 branches in Chennai,
Mumbai, Kolkata, and Delhi. Each of the branches covers some states. You can walk into any of the offices closer to you to file your
application. For foreigners seeking to obtain a patent in India, you must provide an Indian address showing the location of your business.
HOW LONG DOES IT TAKES FOR APPROVAL TO BE GRANTED ?
Generally, it takes about 4 to 5 years for a patent application to be granted. This duration is after meeting all the patentability criteria.
TERM OF PATENT ?
Currently, in Indian, the term of a patent is about 20 years from your patent application filing date. This term is regardless of the fact that your
patent application filing was done with a complete or provisional specification.
PATENT RENEWAL PROCESS ?
For your patent to be in force, you must pay renewal fee after the second year expires. To put it straight, you will be renewing your patent
right every year until the 20 years terms elapse. You can pay the renewal fee beyond the due date.

Rights Of Patentee
After the grant of the patent, certain rights and obligations are given to patentees in India. The Patent Act gives certain rights to the patentee
so that he can gain some profit from his patent.
The patentee can enjoy the following rights:
Exclusive Right
Section 48 of the patent act 1970 provides the exclusive right to patent. As we know that the patent can be a product or process. Section 48
provides exclusive rights by preventing the patent in both situations whether it’s a product or process.
 If the subject matter of the patent made by the patentee is a product, the exclusive right to patentee prevents third parties from making,
offering for sale, selling, importing, using the product made by the patentee without his consent.
 If the patentee has taken the patent for a process, the exclusive right to patentee prevents third parties from using that process for making
any product, using, selling or importing without the consent of the patentee.
In simple words, the third party can only use a product or process patented by the patent only if the patentee gives his consent to
third parties to manufacture, import and sell that product or process.
Right To Exploit
This is one of the main rights of patentees in which the patentee has the right to possess, use, and dispose of the patent made by him. Any
agent authorised by the patentee can also enjoy this right on the behalf of the patentee. Under The patent Act, it is mentioned that the
patentee can give the power of attorney to his agent for the use of a product or process patented by his master.
Right Of Assignment
It is the right of the patentee that he can assign and give the license to a third party to use, manufacture, sell or export his product or
process. But for the assignment of his right to a third party, the patentee has to inform the registrar of the patent. The licence given by the
patentee to third parties will work like a written contract between them.
Right To Enjoy The Benefit
It is the right of the patentee that he can take benefit from his invention. In a case where he has assigned the third party for the
manufacturing used and selling his invention, he can take the benefit from that assignment.
Right To Mark
The patent holder can affix his name or company name on the product invented by him. He has the right to sell his product by affixing his
company name on the product.
Right Against Infringement
It is the right of a patentee that he can file litigation in the court of law if any person has increased his rights given under the patent Act by
using his product or process.
Right To Renounce Patent Rights
The patentee can renounce his patent rights by giving his written declaration to the controller of the patent. After the written declaration of the
patentee, the controller will advertise his surrender.
After the advertisement, any other party interested in getting the ownership can approach the controller to take ownership of that patent. If
the controller finds that the approach made by any other party is genuine, he will grant the ownership to that party.
Rights Of Co-Owner Of The Patent
In a situation where there are two or more persons in the patent, each person will be known as patentee and every person shall have every
right given under the act unless an agreement to the contrary is made between all the partners.
 If there is any agreement made between the patent holders, the share will be divided according to that agreement.
 If there is no agreement made between the patent holders, every patent holder can enjoy the rights given under the patent Act without
infringing the right of another patent holder.
 If any patent holder sold his right to another person, that person will take the position of the patent holder as a partner.
 The agent of the patent holder can also enjoy the right of the patentee on the behalf of his master.
Obligation Of Patentee
The Patent Act also give some application to the patentee which should be fulfilled by the patentee
Duty To Disclose
It is the duty of the patentee to disclose all the necessary facts needed by the controller. The duty to disclose all the necessary Facts starts
from the initial state when a person files the application for a patent. It is the duty of the patentee that he should inform the controller
regarding a similar invention filed by him or another person.
Request For Examination
It is the duty of the patentee that he has to request the controller for the examination of a product or process invented by the patentee.
Duty To Answer All The Objections
Many times it happens that many other parties raise objections to the invention made by a patent holder. It is the duty of the patentee that he
has to answer all the objections imposed on him.
Clear All The Objections
It is the duty of the patentee that he should clear all the objections opposed to his invention. If he fails to clear all the objections, the patent
controller may take his patent rights and give it to the party who is making the objection.
Statutory Fees
Patents need some fees during the registration process of the patent. If the patent holder failed to pay all the state rotary fees, we will not be
liable to grant the patent.

What are remedies against infringement of patent ? Discuss.

Section 2(m) of The Copyright Act, 1957: “infringing copy” means—
(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;
(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means; (iii)in relation to a sound recording, any other
recording embodying the same sound recording, made by any means;
(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer’s right subsists under the
provisions of this Act, the sound recording or a cinematographic film of such programme or performance, if such reproduction, copy or sound
recording is made or imported in contravention of the provisions of this Act;
Types of Patent Infringement.
There are many types of patent infringement which are given following:
1. Direct Infringement: Making, selling, or importing something without obtaining a license from the patent holder is considered direct patent
infringement of patent rights. This act must complete willfully by the offender.

2. Indirect Infringement: Indirect infringement which includes contributory infringement and inducement to infringe a patent. Under these
terms, even if a company isn't the one that originally infringed on the patent, that company can still be held accountable for patent
infringement.

3. Contributory Infringement: This type of infringement involves purchasing or importing a part that aids in creating a patented item. To prove
contributory infringement, one must show that the component’s main use would be to create a patented item. A generic item that has other
uses usually doesn't qualify in proving contributory infringement.

4. Induced Infringement: When a person or company aids in patent infringement by providing components or helping to make a patented
product. It occurs by offering instructions, preparing instructions, or licensing processes.

5. Willful Infringement: Willful infringement exists when a person demonstrates complete disregard for a patent that is someone else’s
patent. Willful infringement is especially damaging to defendants in a civil suit. If they are found guilty then the penalties are much higher,
typically defendant must pay all pleader costs and court costs.

6. Literal Infringement: To prove literal infringement, there must be a direct correspondence between the infringing device or process and
the patented device or process.

7. The doctrine of Equivalents: Even if the device or method doesn’t exactly infringe a patent, a judge might find in favor of the patent holder.
If the device does basically the same thing and produces the same results, then it could be an infringement.

There are five ways to justify a case of patent infringement:

 Doctrine Of Equivalents
 The Doctrine Of Complete Coverage
 Doctrine Of Compromise
 Doctrine Of Estoppel
 Doctrine Of Superfluity

Burden of Proof In the form of a product, where there is a purported infringement of a patented invention, the burden of establishing that an
infringement has appeared lies on the patentee. In the patent process, the burden of proof may be shifted to the infringer provided that the
patentee is capable to prove to the court that by the reasonable struggle he or she has not been capable to regulate the process that has
been used by the defendant.

What acts do not amount to patent infringement

There are several acts that does not amount to infringement-
Independent invention: The impugned product or process was independently developed by the accused party, without any reference to or
use of the claimed invention of the patent. To prove independent invention, the accused party typically needs to provide evidence of their
invention, such as records of their development activities, laboratory notebooks, or testimony from witnesses. This evidence should
demonstrate that the accused party was working on the same problem as the patent holder and arrived at the same solution independently
and without reference to the claimed invention of the patent.
Patent expiration: When a patent expires, the inventor’s exclusive rights to the invention are no longer in effect and anyone may use the
invention without infringing the patent.The term of a patent is typically set by law and is typically 20 years from the filing date of the patent
application. After the patent has expired, the claimed invention becomes part of the public domain and can be freely used by anyone without
fear of infringing the patent.To prove that the patent has expired, the accused party can typically provide evidence of the filing date of the
patent and the relevant patent law to demonstrate that the patent has reached the end of its term.
Research and experimentation: Experimental use of a patented invention for the purpose of testing or evaluating it is not considered
infringement. In other words, the accused party is claiming that they were using the claimed invention to test and evaluate its performance,
and that they did not intend to sell or otherwise commercially exploit the invention.
Government use: In many countries, the government has the right to use a patented invention without infringing the patent for the purpose
of fulfilling its responsibilities and providing services to the public. The accused product or process is used by or on behalf of the government
and is therefore not subject to the patent. This defence is based on the idea that the government should have the right to use patented
inventions for various public purposes, such as for national security or for the provision of essential services, without being subject to
infringement claims.
Prior use: If a person has been using a patented invention before the patent was granted, they may be able to continue using it without
infringing the patent, depending on the laws of the relevant jurisdiction. To prove prior use, the accused party typically needs to provide
evidence of their use of the accused product or process before the filing date of the patent.
Fair use: The concept of fair use allows for limited use of a patented invention for purposes such as criticism, commentary, news reporting,
teaching, scholarship, or research. The defence is based on the idea that certain uses of a patented invention should be allowed without
infringing the patent, even if they would otherwise be considered infringing, in order to promote the public good and encourage creative and
intellectual activity. To prove fair use, the accused party typically needs to show that their use of the patented invention was for a permissible
purpose under copyright law and that it was reasonable in scope and impact.
First sale doctrine: The first sale doctrine, also known as the exhaustion doctrine, provides that the sale of a patented item by the patent
holder or with their authorization exhausts their patent rights and allows the buyer to use or resell the item without infringing the patent. The
doctrine is based on the idea that the patent holder’s exclusive rights to the patented invention are limited and that the rights of others to use,
sell, or distribute a patented product should not be unduly restricted. The first sale doctrine is often invoked in cases involving the resale of
patented products, such as used books, CDs, or other products that were legally obtained through a sale or transfer. By applying the first
sale doctrine, these products can be resold or otherwise distributed without infringing the patent, provided that the product was not altered or
modified in a way that would give rise to a new patent infringement.
Invalidity or unenforceability of the patent: If a patent is found to be invalid or unenforceable, any act that would have otherwise
constituted infringement would not be considered infringing.

Remedies
There are some remedies provided under the patent law for the infringement of a patent which is as follows:

1. Administrative Remedy: If and when infringing products are imported into the territory of India then the owner of the Intellectual Property
can approach the collector of custom and prohibit the entry of these goods into the market in India. The owner of the Intellectual Property
must provide the name of the exporter, consignee, and the name of the ship to avail him or herself of this remedy.

2. Civil Remedy: Under Section 108(1) of the Patents Act, in case of his patent rights have been infringed then provides the remedies to the
plaintiff. In any suit for infringement then the court may grant reliefs like; injunction and at the option of the plaintiff, either damages or an
account of profits. There are three types which are as follows:
3. Injunction: It is a preventive civil remedy. It is of two types:
Temporary Injunction:
It is a kind of temporary remedy that is provided before the final verdict of the case. It is used to preserve the status quo of the patent holder.
Moreover, they are likely to succeed in their lawsuit and will suffer irreparable harm if the infringing activity is allowed to continue. The court
should consider three factors before granting temporary injunction to the patent holder-
I. Prime facie case.
II. Balance of inconvenience.
III. Irreparable loss
Permanent Injunction:
It is a kind of permanent remedy that is granted when the case is finally decided by the court. It requires the infringing party to stop the
infringing activity permanently. The court may also award monetary damages, such as compensation for any profits that the infringing party
has made as a result of the infringing activity. To obtain a permanent injunction, the patent holder must file a lawsuit and prove that their
patent is valid and that it has been infringed upon by the defendant. However, obtaining a permanent injunction can be a complex and time-
consuming process, and the patent holder must have strong evidence to support their claim.
4.Damages: Damages is a remedy for patent infringement that compensates the patent holder for any harm that they have suffered as a
result of the infringing activity. Damages may be awarded in the form of monetary compensation, such as compensation for any lost profits or
other financial losses that the patent holder has suffered. The main objective of damages is to compensate for the loss or injury that
happened to the plaintiff.
5.Seizure, forfeiture or destruction: Courts may decree that the items determined to be infringing should be taken into custody, forfeited, or
disposed of as deemed appropriate.

Rights and Obligations of Patentee in India

Right to Exclude Others
The primary right granted to a patentee is the power to bar others from making, using, selling, or importing the invention without the
patentee’s approval. This right is conferred upon the patentee for a restricted time frame, which is typically 20 years from the filing of
the Patentee in India application.
This exclusionary right is the foundation of the patent system, established to motivate inventors to unveil their discoveries to the public. In
exchange for this disclosure, inventors are provided with a limited monopoly over their invention.
Right to License
The entitlement to issue a license is the lawful authorisation bestowed upon a person or entity to grant consent to utilise a certain product,
service, or intellectual property. Typically, the possessor of the intellectual property, like a trademark or patent, confers this authority to
another party who is then authorised to use the intellectual property for a designated period or purpose.
The ability to grant licenses is critical in numerous sectors, especially technology and entertainment. For instance, software firms might issue
licenses to other companies to use their applications or programs, whereas music recording labels might permit their songs to be used by
movie producers in their films. In such cases, the intellectual property owner reaps financial benefits from the license fees paid by the
licensee.
The power to grant licenses also plays a crucial function in safeguarding intellectual property. By providing licenses, the proprietor can
manage the use of their property and make certain that it is not utilised in a manner that breaches their rights. For example, a patent holder
might give a license to a rival, authorising them to use their patented technology, but with particular limitations in place to prevent the rival
from duplicating or reproducing the technology.
Right to Sue for Infringement
The Patentee in India can sue the infringer for damages if someone infringes on a patent. In order to establish infringement, the patentee
must show that the infringing product or process falls within the scope of the patent claims.
If the court finds the infringement has occurred, the patentee may be awarded damages, including lost profits, reasonable royalties, and
attorney’s fees.
Obligation to Disclose Information
One of the obligations of a patentee is to disclose information about the invention to the public. This is necessary to ensure that the public
has access to the knowledge embodied in the invention, which can facilitate further innovation.
In India, patent applicants are required to disclose the best method of performing the invention, as well as any information that may be
relevant to the patentability of the invention.
Obligation to Pay Maintenance Fees
In India, patentees must pay maintenance fees to keep the patent in force. The first maintenance fee is due at the end of the second year
from the date of filing the patent application, and subsequent maintenance fees are due at the end of every year thereafter. Failure to pay the
maintenance fees can result in the patent being revoked.
Obligation to Work the Invention
One of the unique aspects of Indian patent law is the obligation of the patentee to work on the invention. This means that the patentee must
actively commercialise the invention in India by manufacturing the product themselves or licensing the invention to others. The purpose of
this obligation is to prevent patentees from sitting on their patents and preventing others from making use of the invention.
If the patentee fails to work the invention within 3 years from the date of grant of the patent, or if the patentee discontinues working the
invention for a period of more than 2 years, any interested party may apply to the Controller of Patents for a compulsory license to work the
invention.
Discuss the provisions regarding compulsory licensing under patent act 1970.
The Patents Act, 1970 was amended three times in 1999, 2002, 2005 respectively to include the concept of ‘compulsory license’ and these
are given in the sections 84-92 of the Indian Patents Act, 1970.
A patent is an exclusive right granted for an invention, whether it is a product or a process which gives a new technical solution to a problem,
and this patent is granted for a specific period to the inventor.
In simple terms, compulsory licenses are authorizations given to a third-party by the Government to make, use or sell a particular
product or use a particular process which has been patented, without the need of the permission of the patent owner. The
provisions regarding compulsory licenses are given in the Indian Patents Act, 1970 and in the TRIPS (Trade-Related Aspects of Intellectual
Property Rights) Agreement at the International level. Although this works against the patent holder, generally compulsory licenses are only
considered in certain cases of national emergency, and health crisis. There are certain pre-requisite conditions which need to be fulfilled if
the Government wants to grant a compulsory license in favor of someone. Under Indian Patents Act, 1970 the provisions of ‘compulsory
license’ are specifically given under Chapter XVI, and the conditions which need to be fulfilled are given is Sections 84-92 of the said Act.
Section 84
At any time after the expiration of three years from the date of the grant of a patent, any person interested may make an application to the
Controller for grant of compulsory license on patent on any of the following grounds, namely:
(a) That the reasonable requirements of the public with respect to the patented invention have not been satisfied, or
(b) that the patented invention is not available to the public at a reasonably affordable price, or
(c) that the patented invention is not worked in the territory of India.
As per Section 84, any person who is interested or already the holder of the license under the Patent can make a request to the Controller
for grant of compulsory license on expiry of the three years, when the above conditions are fulfilled.
However compulsory licenses may also be granted, when –
 Section 92 A- For exports, under exceptional circumstances.
 Section 92A- In case of national emergency, extreme urgency of public non-commercial use by notification of the Central
Government
  Section 92 A (1) – To a country which has insufficient or no manufacturing power in the pharmaceutical sector to address public
health.
Global Perspective on Compulsory Licensing- This phenomenon of compulsory licensing is a hugely debated issue. Many developing
countries are giving importance to the compulsory licensing because of the unavailability and unaffordability of the medicines, and they are
continuously granting more and more compulsory licenses. The developed countries of Europe, USA are opposing this view as it would
make innovation difficult for the pharmaceutical companies
India’s first case of granting compulsory license– India’s first case of granting compulsory license was granted by the Patent office
in 2012 to an Indian Company called Natco Pharma for the generic production of Bayer Corporation’s Nexavar. All the 3 conditions of
Sec 84 was fulfilled that the reasonable requirements of the public were not fulfilled, and that it was not available at an affordable price and
that the patented invention was not worked around in India.
This medicine is used for treating Liver and Kidney Cancer, and one month’s worth of dosage costs around Rs 2.8 Lakh. Natco
Pharma offered to sell it around for Rd 9000 making this potentially lifesaving drug easily accessible to all parts of the society and
not just the rich people. The Government took this decision for the general public benefit. However, it was heavily criticized by the
Pharmaceutical Companies as they felt the license should not have been given.
However, Natco Pharma is paying the royalties to Bayer at a rate of 6% of all sales on a quarterly basis in accordance with the guidelines set
by the United Nations Development Programme (UNDP).
In January 2013, the Health Ministry of India recommended three anti-cancer drugs trastuzumab, ixabepilone, and dasatinib for compulsory
licenses. This will allow the Government to sell these drugs at a significantly lower price and will also allow the people who cannot afford the
drugs originally, access to these drugs.
Impacts of Compulsory Licesnsing
The areas which will be impacted by compulsory license are as follows:-
Innovation – In Underdeveloped countries, the innovation of pharmaceutical companies will be less as they will be dependent on generic
drugs. They will prefer getting the compulsory license to a generic drug rather than funding the Research & Development separately, which is
often a very costly thing. Moreover, research-based pharmaceutical companies will not launch patent module in the developing countries as
there is always the risk of losing the patent, and losing money in research.
Competition & Cost- Compulsory licensing will increase the number of companies producing generic medicines. Hence the supply will go
up, and the cost will come down. This will also force the innovator countries to introduce differential pricing of their patent module so that they
can stand on the market.
Patients- Patients will get medicines at a significantly cheaper rate. Also, the big pharmaceutical companies often introduce plans like free
access to medicine to protect their patents in the developing countries.
Conclusion
The patient versus patent issue is one of the most important problems now in the modern healthcare system. Although India has only passed
one compulsory license yet, the number of compulsory licenses granted worldwide is on the rise. The underdeveloped and developing
countries want to pass compulsory licenses, and the developed, and the big pharmaceutical companies do not want the compulsory licenses
to be passed. The main reason the big pharmaceutical companies do not want compulsory licenses to be passed is that it takes a lot of
money and effort to create the drugs, and even then there is no certainty. They have to recoup the costs of the innovation. Hence the
companies have to fix the cost of their patented module according to the economic status of the country if they want to protect their product
from compulsory licensing.
India, in particular, faces a challenge, owing to the economic condition of the majority population. On one hand, it has to comply strictly with
the international standards of patent protection and on the other hand, it has to safeguard public health.
We can say that compulsory licensing has now become the hope for financially challenged patients in underdeveloped countries, and
compulsory licensing is now one of the most controversial topics in International Property matters.

How to register trademark in India ?

Trademark Registration Process:
Investing your time and money to build a particular brand and seeing the same brand name being used by another, robbing you of your hard-
earned brand reputation is not an agreeable state of affairs. Many a time, trademark (TM) owners end up in protracted litigation because
when the time was right, they did not do trademark registration in India of their brand name. Trademark registration process of the brand
name is not a difficult task. A few simple steps, as explained below and you would have the much-needed legal protection of your brand
name registration in India.
Step 1: Trademark Search
Many entrepreneurs do not comprehend the importance of a TM search. Having a unique brand name in mind is not good enough reason to
avoid a TM search. TM search helps you to know if there are similar trademarks available and it gives you a fair picture of where your
trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation. Why waste your money in time-
consuming trademark litigation later when you can choose to avoid it in the first place?
Step 2: Filing Trademark Application
After you are sure that your chosen brand name or logo is not listed in the Trademark Registry India, you can opt for registering the same.
The first step is to file a trademark application at the Trademark Registry India. Nowadays, filing is mostly done online. Once the
application is filed, an official receipt is immediately issued for future reference.
Step 3: Examination
After a trademark application is filed, it is examined by the examiner/Trademark Registry, for any discrepancies. The examination might take
around 12-18 months. The examiner might accept the trademark absolutely, conditionally or object.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to
be fulfilled or the objections would be mentioned in the examination report and a month's time would be given to fulfill the conditions or
response to the objections.
Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a
hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark
Journal.
Step 4: Publication
The step of publication is incorporated in the trademark registration process so that anyone who objects to the registering of the trademark
has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration.
In case there is opposition; there is a fair hearing and decision are given by the Registrar.
Step 5: Registration Certificate
Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the seal
of the Trademark Office is issued.
Step 6: Renewal
The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected
perpetually.
As seen from the above, trademark registration in India process does not require much effort. It is a simple process but one which is
nonetheless very important for brand name registration.
Which Trademarks cannot be registered?
Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot
be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical
names, common names, common trade words and common abbreviation cannot be registered as a trademark.
What information should the Trademark application contain?
The trademark registration application has to contain the following information: Logo or the trademark Name and address of the trademark
owner; Trademark used since the date; Description of the goods or service.
What are the documents required for Trademark registration?
For obtaining a trademark registration in India the following documents are to be submitted: Identity Proof of the trademark owner, PAN Card,
Passport, Aadhar Card, Incorporation certificate (If it is a Private Limited Company or LLP) Udyog Aadhar registration A logo is applicable
and available Address Proof
Which forms are to be filed while making a trademark application?
Form 48 and TM 1 has to be filed for making a trademark application.
What are the benefits of getting trademark registration?
There are several reasons to get the trademark registration but the major reason is to obtain the registration as the trademark acts as an
asset for the company, It is a powerful deterrent and has legal remedies.
What happens when the trademark application gets refused?
If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt,
then the application is automatically refused. In such a case, a new application needs to be filed.
What is the function of a Trademark?
The trademark Identifies the goods or services and their origin. The trademark guarantees its unchanged quality. Trademark registration
creates a brand identity or the images for the goods and services.

What is a trademark ? What are the different kinds of trademark ?

A trademark is capable of distinguishing the goods or services of one person from that of another when used in trade and it is used for
protecting the name of the product or service.
Section 2 (zb) of ‘The Trade Marks Act, 1999’ : “Trademark” 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 the shape of goods, their
packaging, and combination of colours;
A trademark can be owned by any individual, corporation, or legal body. Anyone who plans to use or proposes to utilize a brand name
commercially must file a trademark and pursue it for its registration to stop others from using the same or similar brands name for their
product or services.
Types of Trademarks in India
Trademarks are often used to identify the source, owner, or developer of a product or service. There are several types of trademarks
a business can choose from, including logos, names, taglines, and product brands. However, the use of any mark may be mistaken for an
existing one is prohibited. Soft drink firms, for example, are not permitted to use Coca-Cola-like logos or names.
The different types of trademark in India:
1. Word Marks

It includes one or more words, letters, numerals or anything written in standard character like brand name , slogan , tagline. In

simple words where one wants to register only the letters, words or combination of words or numerals without any artistic and pictorial
representation can register the trade under word mark category. Flexibility is the biggest benefit that the word mark provides as after the

registration of the mark; it can be used in any design, style and font. Some good examples of word marks are Microsoft, Tata, KFC, IBM
2. Device marks

It includes any label, sticker, monogram, logo or any geometrical figure with or without word element in it. Device marks may also

include colors but if the registration is made along with colors then the same combination of colors have to be used to claim trademark

protection. Device mark is eye-catching and attractive which makes it easy for the public to remember. When unique devices are used it

helps in recognition of the business because people may not remember the name but they can easily remember the logo. Apple logo

is a good example of device mark

3. Sound Mark

Sound marks are features acquired by hearing and characterized by their unique sound. It is a trademark where sound is used to perform the

trademark function of uniquely distinguishing the commercial source of products or goods and services. According to the new provision the

sound submitted should be in MP3 format and it should not exceed 30 seconds of length and visual representation of the sound notations.

YAHOO was the first company to register a sound trademark across the globe. In India ICICI bank was the first to register sound as a

trademark. Some of the registered sound marks in India are:

 Yahoo – (Human voice yodelling Yahoo)
 National Stock Exchange – (Theme song)
 ICICI Bank – (Corporate jingle – Dhin Chik Dhin Chik)
 Britannia Industries (Four note bell sound)
 Cisco – (Tune heard on logging in to the conferencing service Web Ex)
 Edgar Rice Burroughs – (Tarzan Yell by its toy action figure)
 Nokia – (Guitar notes on switching on the device)
4. Three dimensional trademark

It includes both shapes of goods or packaging. It is a non-conventional trademark and to get its registered the shape of goods or its

packaging must be distinctively different from the competitors in the market and is enough for the public to recognise the origin of the goods ,

without the aid of other word marks on it. In simple words it must be able to perform the function of the trademark.
5. Color Trademark

Trademark act permits registration of combination of colors to represent the goods and services.When the distinctiveness is claimed in the

combination of colors with or without device it is called color mark. In trademark law the color could be considered to acquire distinctiveness

when the purchasing public recognises the product or brand by particular combination of color only. In this case the brand is the color.

According to section 10 of the Trademark Act,1999 , Colour trademark can be of a single color or combination of colors, but Section 2(1)(m)

of the Trademarks Act, 1999 requires a mark to be a ‘combination of colours’ shows the intention of the legislature to not allow single-colour

trademarks. Thus it is suggestible to file for a combination of colours as a trademark but where a trade mark is registered without limitation of

color, it shall be deemed to be registered for all colors.

6. Smell Marks

When the smell is distinctive and cannot be mistaken for another product, a smell mark can be recognized. Consider perfumes.
7. Shape of goods

Trademarks can be registered in shape or goods if they have a distinctive shape. But it cannot be registered if the shape of goods which

results from the nature of goods themselves; Shape of goods which is necessary to obtain a technical result; Shape of goods, which gives

substantial value to the goods. Shape of goods are also non conventional trademarks.

In nutshell , Consumer recognition and acquired distinctiveness becomes an important factor in granting a non-conventional trademark like

Shape of goods, 3-dimensional trademark, sound mark, smell mark.In granting registration of the non conventional trademark the Registry

needs to evaluate the balance of convenience of the Applicant of the mark with the other traders who may be using elements of such

trademarks in good faith.

Define Design. What are excluded from the definition of design ? Distinguish between ‘Design’ under Design Act and ‘Artistic
Work’ under the Copyright Act.
 “Design” means features of shape, pattern, configuration, ornament or composition of colors or lines which is applied in three dimensional or
two dimensional or in both the forms using any of the process whether manual, chemical, mechanical, separate or combined which in the
finished article appeal to or judged wholly by the eye.
What it does not include?
 It does not include any mode of construction or any trademark as defined in Section 2(1)(v) of the Trade and Merchandise Marks
Act, 1958.
 It does not include ‘property mark’ as defined in section 479 of the Indian Penal Code, 1860.
 It does not include any artistic work as defined in section 2(c) of the Copyright Act, 1957.
Design registration and copyright are two legal protections available for designs in India. While design registration protects the visual
appearance of a product, copyright protects the expression of an idea.
The difference between copyright and design depends on the nature of the design. If the design is functional, design registration may be
better, while copyright may be better for artistic designs. In some cases, a design may be eligible for both forms of protection. If you’re a
designer or a creator, it’s crucial to protect your work from infringement or copying. Two common forms of legal protection available for
designs in India are design registration and copyright. But which one should you choose for your design ?
Details on Design Registration
Design registration provides legal protection for the appearance of a product. It is governed by the Designs Act, of 2000, and its rules and
regulations. Under design registration, you can protect the visual appearance of your product, including its shape, configuration, pattern,
ornamentation, or any combination of these. Design registration grants the owner the exclusive right to use, sell, license, or assign the
design, preventing others from using or copying it without permission.
Benefits of Design Registration
Exclusive Rights: Design registration provides exclusive rights to the owner, preventing others from using or copying the design.
Legal Protection: Design registration offers legal protection to the owner against infringement or copying.
Commercial Benefits: Design registration enhances the commercial value of the design, making it easier to license or sell.
Details on Copyright
Copyright is a form of legal protection available for original works of authorship. It is governed by the Copyright Act, of 1957, and its rules and
regulations. Under copyright protection, you can protect the expression of an idea, such as literary, artistic, musical, or dramatic works.
Copyright grants the owner the exclusive right to reproduce, distribute, perform, display, or create derivative works from the original work.
Benefits of Copyright
Exclusive Rights: Copyright provides exclusive rights to the owner, preventing others from using or copying the work.
Legal Protection: Copyright offers legal protection to the owner against infringement or copying.
Wide Scope of Protection: Copyright protection extends to a wide range of works, including literary, artistic, musical, and dramatic works.
Factors to Keep in Mind to Choose Design Registration Or Copyright
Nature of the Design: If the design is more functional than artistic, design registration may be the better option. If the design is more artistic
in nature, copyright may be more suitable.
Scope of Protection: Design registration offers protection for the visual appearance of the product, while copyright protects the expression
of an idea. Consider which form of protection aligns better with your needs.
Duration of Protection: Copyright protection lasts for the life of the creator plus 60 years, while design registration protection lasts for 10
years. Consider the longevity of your design when choosing between the two.
Registration Process: Design registration requires formal registration, whereas copyright is automatic upon creation. Consider the time,
effort, and cost required for each option.
Combination of Protection: In some cases, a design may be eligible for both design registration and copyright protection. Consider
consulting with a legal expert to determine the best course of action.
Which One is Right for Your Design?
The choice between design registration and copyright depends on the nature of your design.
 If your design is primarily functional, such as a machine or a device, design registration may be the better choice as it offers protection to
the appearance of the product.
 On the other hand, if your design is primarily artistic, such as a painting or a sculpture, copyright may be the better choice as it offers
protection to the expression of the idea.
In some cases, it may be possible to protect a design under both design registration and copyright. For example, if your design is both
functional and artistic, you may be able to protect it under both forms of legal protection.
Difference Between Copyright and Design are both important forms of legal protection available for designs in India. While design
registration offers protection for the appearance of a product, copyright offers protection for the expression of an idea. It’s crucial to
choose the right form of legal protection for your design to ensure it’s adequately protected against infringement or copying.
 Define a design. What are the Benefits of Design Registration in India ?
As per Section 2(d) of the Designs Act, 2000, “Design” means features of shape, pattern, configuration, ornament or composition of colors or
lines which is applied in three dimensional or two dimensional or in both the forms using any of the process whether manual, chemical,
mechanical, separate or combined which in the finished article appeal to or judged wholly by the eye.
To protect an industrial design, you must first register it.
Once registered, the owner of the design has the sole right to prevent others from using, copying, or duplicating it. This makes sense
because it boosts the company’s competitiveness and, in many cases, generates additional income.
What it does not include?
 It does not include any mode of construction or any trademark as defined under clause (v) of sub-section (1) of Section 2 of
the Trade and Merchandise Marks Act, 1958.
 It does not include ‘property mark’ as defined in section 479 of the Indian Penal Code, 1860.
 It does not include any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.

What is the object of registration of Designs?

Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured
by Industrial Process or means.
Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important
purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bona fide
reward by others applying it to their goods.
What are the essential requirements for the registration of ‘design’ under the Designs Act, 2000?
 The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty
may reside in the application of a known shape or pattern to new subject matter.
 The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article of manufacture.
 The design should be applied or applicable to any article by any industrial process.
 The features of the design in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and
should be visible on the finished article, for which it is meant.
 Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be a registrable
design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the
lock associated with, cannot be registered as a design under the Act.
 The design should not include any Trade Mark or property mark or artistic works as defined under the Copyright Act, 1957.

Importance of Design Registration:

 Design registration is essentially a catalog of a product’s patterns, shape, design, and ornamentation
 Design registration is governed by the rules and procedures of various patent offices. In India, registration is done under the Designs Act
2000, which provides 10 years of design protection for registered designs, with the option to renew for an additional 5 years
 In the face of fierce market rivalry, design protection is an efficient way to protect industrial and product designs against copying or
duplicating.
 According to a survey by the World Intellectual Property Organization (WIPO), India has filed 65,447 industrial design applications in the
last 9 years, with 51,225 of these being registered. The total number of industrial design registrations in force worldwide grew by 10.9% in
2021 to reach around 5.3 million. The most registrations in force were in China (2.6 million), the Republic of Korea (388,500) and the US
(381,549).
 This simply goes to show how important and beneficial design registration is in helping businesses develop and investors invest their
money & time in safeguarding their designs.

Benefits of Design Registration

As it’s evident that design registration is rather common nowadays. Let us look at some of the advantages of design registration under a
specific Patent office. Besides the benefit of securing protection from imitators, design registration has the following advantages:
Ability to Sue
Once a design is officially registered, the owner of the design has the right to sue any imitator. This guarantees that the owner of the Design
may preserve their market share by retaining exclusivity over their product or industrial design. As of 2019, counterfeit items account for
3.3% of global trade, which means that registering designs gives businesses the ability to sue the growing number of counterfeiters.
Extended Validity
A design registration certificate is valid for 10 years, after which it can be renewed or extended for a further 5 years.
Legal Protection Against Plagiarism
One of the most important advantages of design registration is that it provides legal protection against plagiarism. This process prevents
other businesses from copying, selling, distributing, or duplicating their products with a similar design to the original.
Increased Commercial Worth
Design registration by a patent authority boosts the product’s commercial value and increases its marketability. This is due to the fact that a
product with an owner’s design has higher product placement in the eyes of potential customers.
Fair Market Competition
From a broad perspective, when a large number of innovators register their designs, it creates a competitive spirit among market
participants. This pushes R&D activity, which fosters more innovation and equal benefits for businesses and customers.
Induce Customer Response
Another important advantage of design registration is that it only appeals to customers and is judged or examined only by sight.
Return on Investment
The applicant company or organization receives the exclusive right to commercialize their product after registering a design. It also improves
their intangible assets and contributes to their IP (Intellectual Property) portfolio. These assets frequently generate additional revenue
streams, resulting in excellent returns on investment.
Product Differentiation
A registered design is accompanied by all essential documents that include the concept and design art that distinguishes it from others. This
essentially gives the design’s owner a competitive advantage in their market due to a flawless business model view.
Ability to License-Out
Design owners who have their designs registered with a certain patent authority acquire the ability to license out their designs to third-party
producers. They can do so inside their own patent jurisdiction in order to benefit from the lucrative royalties paid by the licensee company.
Conclusion
While there are certain advantages to design registration, it is important to note that the rules and procedures for design registration vary
amongst IP jurisdictions. While the World Intellectual Property Organization (WIPO) may have set norms, the Indian Patent Office (IPO) has
its own set of rules. As a result, it’s a good idea to familiarize yourself with all of a jurisdiction’s rules and regulations before applying for
design registration.

What is Design ? What are the salient features of Design Act, 2000 ?
Design Act, 2000 definition
As per Section 2(d) of the Designs Act, 2000, “Design” means features of shape, pattern, configuration, ornament or composition of colors or
lines which is applied in three dimensional or two dimensional or in both the forms using any of the process whether manual, chemical,
mechanical, separate or combined which in the finished article appeal to or judged wholly by the eye.
What it does not include?
 It does not include any mode of construction or any trademark as defined under clause (v) of sub-section (1) of Section 2 of
the Trade and Merchandise Marks Act, 1958.
 It does not include ‘property mark’ as defined in section 479 of the Indian Penal Code, 1860.
 It does not include any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.
Salient features of design act 2000
 India is a member of the World Trade Organization’s Paris Convention. It has signed the Patent Cooperation Treaty which allows
all the signatories of the convention to claim priority rights.
 Under the Act of 2000, Locarno classification has been adopted in which the classification is based only on the subject matter of
design. Under the previous provisions, the classification was made on the basis of the material which has been used to make that
material.
 The introduction of “Absolute Novelty” makes it possible to judge a novelty on the basis of prior publication of any article. This is
applicable in other countries also.
 As per the new law, a design can be restored which was absent in the previous enactment. Now, the registration of a design can
be restored.
 The Act allows the district courts to transfer cases to the high courts where the jurisdiction is present. It is possible only in cases
where a person is challenging the validity of any registration.
 Laws regarding the delegation of powers of the controllers to other controllers and the duty of examiner are also mentioned in the
new Act.
 The quantum of punishment is also enhanced under the Act in case of any infringement.
 The secrecy of two years of a registered design is also revoked.
 Provisions regarding the avoidance of certain restrictive conditions are also there so as to regulate anti-competitive practices in
contractual licenses.
  Whenever a license is brought within the domain of public records and that too publicly, the registration is likely to be taken into
consideration. Anyone can get a certified copy of it in order to inspect the same.
 The laws regarding the substitution of the application before registering a design are also mentioned in the new enactment.
 Under new provisions, power has been given to district court to transfer cases to the high court where the court is having
jurisdiction. This is only possible if the person is challenging the validity of the design registration.
 Incorporates the provisions regarding delegation of powers of the controller to other controllers and duty of examiner.
 Under the new provision, the quantum of punishment is also enhanced in case of infringement.
 It revokes the secrecy of two years of a registered design.
 It contains provisions for the avoidance of certain restrictive conditions so as to regulate anti-competitive practices within
contractual licenses.
 The registration is taken into consideration when it is brought within the domain of public records that too physically. Anyone can
inspect the records and get a certified copy of it.
 It contains provisions for substitution of the application before registering the design.
Objectives of design act 2000
 The primary objective of the Design Act is to protect the designs.
 The Design Act 0f 2000 is an Act to consolidate and amend the law relating to the protection of designs.
 Its main objective is to protect new or original designs from getting copied which causes loss to the proprietor.
 The important purpose of design registration is to see that the creator, originator or artisan of any design is not deprived of his
reward for creating that design by others copying it to their goods or products.
 An industrial design helps in drawing a customer’s attention and helps in increasing the commercial value of an article. Therefore,
helps in expanding its market.
 There are many competitors who adopt evil ways to reduce the competition in the rival groups by exploiting the designs to their
advantage. Thus, it is necessary to have laws to safeguard the interests of the owners of these designs. In order to fulfill this
objective, the Design Act of 2002 came into existence.

Items that cannot be registered as a design under the Act

 Signs, emblems or flags of any country.
 Size of any article, if changed.
 Structures and buildings.
 Integrated circuits’ layout designs.
 Trade variations.
 Any principle or mode of construction of any article such as labels, tokens, cartoons, cards, etc.
 Books, calendars, certificates, jackets, forms-and other documents, greeting cards, maps and plan cards, postcards, leaflets,
stamps, medals, dressmaking patterns.
 A mechanical contrivance.
 Workshop alterations of components of an assembly.
 Parts of any article which is not manufactured and sold separately.

What are the Salient features of Information Technology Act, 2000 ?

The Information Technology Act, 2000 or ITA, 2000 or IT Act, was notified on October 17, 2000. It is the law that deals with cybercrime and
electronic commerce in India.
In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted the model law on electronic commerce (e-
commerce) to bring uniformity in the law in different countries.
Further, the General Assembly of the United Nations recommended that all countries must consider this model law before making changes
to their own laws. India became the 12th country to enable cyber law after it passed the Information Technology Act, 2000.
While the first draft was created by the Ministry of Commerce, Government of India as the ECommerce Act, 1998, it was redrafted as the
‘Information Technology Bill, 1999’, and passed in May 2000.
Objectives of the Act
The Information Technology Act, 2000 provides legal recognition to the transaction done via electronic exchange of data and other
electronic means of communication or electronic commerce transactions.
This also involves the use of alternatives to a paper-based method of communication and information storage to facilitate the electronic filing
of documents with the Government agencies.
Further, this act amended the Indian Penal Code 1860, the Indian Evidence Act 1872, the Bankers’ Books Evidence Act 1891, and the
Reserve Bank of India Act 1934. The objectives of the Act are as follows:
  Grant legal recognition to all transactions done via electronic exchange of data or other electronic means of communication or e-
commerce, in place of the earlier paper-based method of communication.
 Give legal recognition to digital signatures for the authentication of any information or matters requiring legal authentication i.e., It
protects the digital signatures that are used for any sort of legal authentication.
 Facilitate the electronic filing of documents with Government agencies and also departments
 Facilitate the electronic storage of data
 Give legal sanction and also facilitate the electronic transfer of funds between banks and financial institutions
 Grant legal recognition to bankers under the Evidence Act, 1891 and the Reserve Bank of India Act, 1934, for keeping the books
of accounts in electronic form.
 The Act seeks to protect all transactions done through electronic means.
 It regulates the activities of intermediaries by keeping a check on their powers.
 It defines various offences related to data privacy of citizens and hence protects their data.
 It also regulates and protects the sensitive data stored by social media and other electronic intermediaries.
 It provides recognition to books of accounts kept in electronic form regulated by the Reserve Bank of India Act, 1934.
Features of the Information Technology Act, 2000
 All electronic contracts made through secure electronic channels are legally valid.
 Legal recognition for digital signatures.
 Security measures for electronic records and also digital signatures are in place
 A procedure for the appointment of adjudicating officers for holding inquiries under the Act is finalized
 Provision for establishing a Cyber Regulatory Appellant Tribunal under the Act. Further, this tribunal will handle all appeals made
against the order of the Controller or Adjudicating Officer.
 An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Court
 Digital Signatures will use an asymmetric cryptosystem and also a hash function
 Provision for the appointment of the Controller of Certifying Authorities (CCA) to license and regulate the working of Certifying
Authorities. The Controller to act as a repository of all digital signatures.
 The Act applies to offences or contraventions committed outside India
 Senior police officers and other officers can enter any public place and search and arrest without warrant
 Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the Central Government and Controller.
 The Act is based on the 1996 Model Law on e-commerce adopted by UNCITRAL.
 It has extra-territorial jurisdiction.
 It defines various terminologies used in the Act like cyber cafes, computer systems, digital signatures, electronic records, data,
asymmetric cryptosystems, etc under Section 2(1).
 It protects all the transactions and contracts made through electronic means and says that all such contracts are valid. ( Section
10A)
 It also gives recognition to digital signatures and provides methods of authentication.
 It contains provisions related to the appointment of the Controller and its powers.
 It recognises foreign certifying authorities (Section 19).
 It also provides various penalties in case a computer system is damaged by anyone other than the owner of the system.
 The Act also provides provisions for an Appellate Tribunal to be established under the Act. All the appeals from the decisions of
the Controller or other Adjudicating officers lie to the Appellate tribunal.
 Further, an appeal from the tribunal lies with the High Court.
 The Act describes various offences related to data and defines their punishment.
 It provides circumstances where the intermediaries are not held liable even if the privacy of data is breached.
 A cyber regulation advisory committee is set up under the Act to advise the Central Government on all matters related to e-
commerce or digital signatures.
Applicability and Non-Applicability of the Act
Applicability
According to Section 1 (2), the Act extends to the entire country, which also includes Jammu and Kashmir. In order to include Jammu and
Kashmir, the Act uses Article 253 of the constitution. Further, it does not take citizenship into account and provides extra-territorial
jurisdiction.
Section 1 (2) along with Section 75, specifies that the Act is applicable to any offence or contravention committed outside India as well. If the
conduct of person constituting the offence involves a computer or a computerized system or network located in India, then irrespective of
his/her nationality, the person is punishable under the Act.
Lack of international cooperation is the only limitation of this provision.
Non-Applicability
According to Section 1 (4) of the Information Technology Act, 2000, the Act is not applicable to the following documents:
1. Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, except cheques.
2. Execution of a Power of Attorney under the Powers of Attorney Act, 1882.
3. Creation of Trust under the Indian Trust Act, 1882.
4. Execution of a Will under the Indian Succession Act, 1925 including any other testamentary disposition
by whatever name called.
5. Entering into a contract for the sale of conveyance of immovable property or any interest in such property.
6. Any such class of documents or transactions as may be notified by the Central Government in the Gazette.
What do you understand by the ‘Information Technology’ ? Discuss the provisions regarding appellate tribunals under the
Information Technology Act, 2000.
Information technologies are hardware and software designed to collect, process, and store digital data. Information technology takes
various forms from databases and communications software to computer networks and Personal Digital Assistants. The Internet is a widely
distributed network of computer servers, which allow users to communicate and exchange data. Information Technology means the use of
hardware, software, services, and supporting infrastructure to manage and deliver information using voice, data, and video.
Introduction
Over the past decade, the Internet has evolved rapidly into a worldwide communications medium. Consisting of many technologies, the
Internet provides people and organizations with the ability to create, deliver, and consume multimedia content. Yet, the growth of the Internet
has been exponential and uneven. From its humble beginnings as an experiment in data sharing, the Internet has exploded into a cacophony
of messages from commerce, government, and civil society interests. As such, the Internet affords many opportunities for and threats to civil
society.
Computers, the Internet, and ICT, or e-revolution, have transformed people’s lives in the twenty-first century. E-communication has mostly
replaced paper-based communication in recent years. As a result, new terms like the cyber world, e-transaction, e-banking, e-return, and e-
contracts have emerged. Aside from the good aspects of the e-revolution, there is also a bad aspect of computers, namely, the internet and
ICT in the hands of criminals, which has turned into a weapon of crime. As a result, a new panel of members, known as Cyber Law, Cyber
Space Law, Information Technology Law, or Internet Law, was formed to address the issues of cybercrime in cyberspace.
Cyber legislation and the Information Technology Act of 2000, as amended in 2008, are being developed in India to combat computer
crimes. The Information Technology Act of 2000 is a law that establishes legal recognition for transactions carried out via Electronic Data
Interchange (EDI) and other forms of electronic communication. It is India’s principal legislation governing cybercrime and electronic trade (e-
Commerce). Electronic data interchange or electronic filing of the information is referred to as e-Commerce.
The Information Technology Act of 2000, which took effect on October 17, 2000, was enacted to provide legal recognition for transactions
carried out through electronic data interchange and other forms of electronic communication, also known as “electronic commerce,” involve
the use of alternatives to paper-based methods of communication and information storage, to make electronic filing of documents with
government agencies easier, and to amend the Information Technology Act of 2000.
The Internet network has vastly grown over vast geographic distances, allowing for fast communication between even the most remote parts
of the globe. Various global institutions see the need for rules to regulate this new hemisphere as human activities in this limitless new
universe continues to expand. The Information Technology (IT) Act 2000 was established in India to keep up with the continuous flux. The IT
Act was conceived and formed according to the Model Law of the United Nations Commission on International Trade Law (UNCITRAL).

Explain Cyber Appellate Tribunals under the Information Technology Act of 2000.
The Cyber Appellant Tribunal was created under the Information Act of 2000. The tribunal solely has appellant jurisdiction, as its name
implies. As a result, it has the ability to exercise its appellant jurisdiction over a judgment or order made by the Controller of Certifying
Authorities or the adjudicating official, both on the facts and in law. In other words, it has the legal authority to investigate the decision or
order’s accuracy, legality, and propriety. The Central Government has created the country’s first and only Cyber Appellate Tribunal in line
with the terms of Section 48(1) of the Information Technology Act, 2000.
Establishment of the Tribunal (Section 48)
This Section explains how the Cyber Appellant Tribunal will be established. The central government will issue a notification establishing one
or more appellant tribunals. The Central Government also lists all of the subjects and locations that come under the Tribunal’s jurisdiction in
the announcement.
Composition (Section 49)
This Section explains that the Presiding Officer of the Cyber Appellate Tribunal, who will be nominated by the Central Government, will be
the sole member of the Cyber Appellate Tribunal. The appellant tribunal has been transformed into a multi-member body. The Tribunal will
henceforth be composed of a Chairperson and as many additional members as the Central Government may designate by publication in the
Official Gazette. The Central Government, in collaboration with the Chief Justice of India, selects the Chairperson and Members of the
Tribunal. The Tribunal’s Presiding Officer is now known as the Chairperson.
Qualifications for appointment (Section 50)
Section – A person cannot be appointed as the Presiding Officer of a Cyber Appellate Tribunal unless he or she has the following
qualifications:

(a) Is, or has been, or is qualified to be, a Judge of a High Court; or

(b) Is or was a member of the Indian Legal Service, and now holds or has held a Grade I position in that service for at least three years.
The Term of Office (Section 51)
Section – The Presiding Officer of a Cyber Appellate Tribunal serves for five years from the date of appointment or until he reaches the age
of 65, whichever comes first.
Resignation and removal (Section 54)
Section – The chairperson or a member of the cyber appellant tribunal might resign by writing to the federal government and informing them
of their decision. Provided, however, that the Presiding Officer shall continue to hold office until the expiration of three months from the date
of receipt of such notice, or until a person duly appointed as his successor enters upon his office, or until the expiration of his term of office,
whichever comes first unless he is permitted by the Central Government to relinquish his office sooner.
The Central Government has the authority to dismiss the Presiding Officer of the Cyber Appellate Tribunal if there is evidence of
misbehaviour or inability. However, only after a Supreme Court Judge has conducted an investigation and the Presiding Officer has been
informed of the accusations against him and has had a sufficient opportunity to defend himself. The method for investigating misbehaviour or
incompetence of the Presiding Officer might be regulated by the Central Government.
Finality of Orders (Section 55)
Section 55 of the Information Technology Act of 2000 prohibits judicial review of two matters: an order of the Central Government
designating any individual as the Chairperson of the CAT, and any procedure before a CAT based solely on a flaw in the CAT’s constitution.
This provision assures the smooth and uninterrupted operation of the Tribunal by making the decision creating the CAT definitive and
prohibiting judicial review of any Tribunal proceedings based on a flaw in the Tribunal’s constitution.
Staff of the Cyber Appellant Tribunal (Section 56)
Section – All the staff, employees and other officers are provided by the central government, as it will think fit. All the officers and employees
will work under the superintendence of the chairperson. The central government will prescribe the salaries, allowances and all other
conditions of services of the employees and officers.
Appeal to Cyber Appellant Tribunal (Section 57)
Section – If a person is dissatisfied with the Controller’s or Adjudicating Officer’s decision, he or she may file a complaint with the Cyber
Appellate Tribunal, which has jurisdiction over the case. An order rendered by an adjudicating official with the permission of the parties,
however, is not subject to appeal to the Cyber Appellate Tribunal. The individual must file, along with the specified fees, within 25 days after
receiving the order from the Controller or Adjudicating Officer. If the Tribunal is satisfied with the grounds for the delay in submitting the
appeal, it may hear it even after the 25-day period has passed.
The Cyber Appellant Tribunal shall transmit a copy of every order to all parties to the appeal as well as the appropriate Controller or
adjudicating official. The tribunal will also make every effort to resolve the appeal within six months of receiving it.
In Chappan v/s Moidin Kutti, It was claimed that the presence of a superior and interior court relationship, as well as the capacity of the
former to review two judgments of the latter, are two requirements for appellant jurisdiction.
Power and procedure of the Cyber Appellant Tribunal (Section 58)
The Cyber Appellate Tribunal’s method and powers are laid forth in Section 58 of the Information Technology Act, 2000
Sub-clause (1) Section 58 states that the Cyber Appellate Tribunal is not bound by the Code of Civil Procedure, 1908, but rather by the
principles of natural justice and that the Cyber Appellate Tribunal, subject to the other provisions of this Act and any rules, has the authority
to regulate its own procedure, including the location of its hearings.
Clause (2) Section 58 stipulates that, for the purposes of executing its responsibilities under this Act, the Cyber Appellate Tribunal shall have
the same powers as a civil court under the Code of Civil Procedure, 1908, while trying an action, in respect of the following matters:
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents or other electronic records;
(c) Receiving evidence on affidavits;
(d) Issuing commissions for the examination of witnesses or documents;
(e) Reviewing its decisions;
(f) Dismissing an application for default or deciding it ex parte;
(g) Any other matter which may be prescribed.
Clause (3) Section 58 states that any proceeding before the Cyber Appellate Tribunal is deemed to be a judicial proceeding for the purposes
of Sections 193 and 228 of the Indian Penal Code, and the Cyber Appellate Tribunal is deemed to be a civil court for the purposes of Section
195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
In Union of India v. T. R. Verma, It is claimed that it is established law that courts must observe the law of natural justice, which states that a
party must be given the chance to present any relevant evidence on which he relies. Evidence should be taken in the presence of the
parties, and cross-questioning should be allowed.
Right to Legal Representation (Section 59)
Section – The appellant has the option of appearing in person or appointing one or more legal representatives to represent him before the
tribunal.
Limitation (Section 60)
The limitations restrictions of the Limitation Act of 1963 apply to Tribunal appeals.
Civil Court not to have jurisdiction (Section 61)
Section – No civil court can consider a suit or action in that area if the IT Act of 2000 authorizes the adjudicating officer or the Cyber
Appellate Tribunal to deal with particular concerns. Furthermore, no court can issue an injunction against any conduct taken by a person in
the exercise of any authority conferred by the Act.
Appeal to the High Court (Section 62)
Section – A person aggrieved by the CAT’s decision or order may submit an appeal to the HC within sixty days of the date of notification of
the Tribunal’s decision or order to him on any point of fact or law arising out of such order, according to Section 62 of the IT Act. The HC may
if satisfied that the appellant was prevented from submitting the appeal within the specified term by sufficient cause, allow it to be submitted
within an additional period of not more than sixty days.
Recovery of Penalty (Section 64)
If a penalty issued under this Act is not paid, it is collected as land revenue arrears. Furthermore, until the penalty is paid, the license or
digital signature certificate is suspended.
Conclusion
The purpose of enacting the I.T. Act was straightforward. The government wanted to offer and support electronic, digital transactions while
also safeguarding against all types of cybercrime. Because of the quantity of traffic on the internet and the amount of money individuals
transact through online means, it was critical to strengthen the cyber world. Although the cyber world is vastly different from the actual world,
it has the capability to participate in crimes that occur in the real world. The Cyber Appellant Tribunal was created to combat cybercrime and
punish individuals involved. The effectiveness of the Cyber Appellant Tribunal may be improved by increasing public and government
knowledge, as well as attempts to deploy enough staff. It is critical to improving technical capability in order to deal with any circumstance
that may arise. Integrity, secrecy, and authenticity of communication routes and procedures are required.
Certain sorts of offenses necessitate the use of tribunals that can make decisions more quickly. The judgment is likely to be made quickly if it
follows the natural justice system rather than the C.P.C. In M/s. Gujarat Petrosynthese Ltd. and Mr. Rajendra Prasad Yadav v. Union of
India it sought for a direction to the Respondent to designate a Chairperson to the Cyber Appellate Tribunal (CAT) in order to guarantee that
the tribunal’s hearings were convened on a regular basis. In court, it was said that the department would take all necessary steps to fill the
position of chairman within the time limit of six months, and that attempts would be made to appoint the chairperson even before the time
limit expired, in the public interest. On these grounds, the petition was dismissed. Despite the above judgment, no appointment to the cyber
appellate tribunal has been made as of yet, and it has been inactive since 2011.
The Information Act 2000 has established the Cyber Appellant Tribunal. As the name suggests the tribunal has appellant jurisdiction only.
Thus it has authority to exercise its appellant jurisdiction over both on facts as also in law over a decision or order passed by the Controller of
Certifying Authorities or the adjudicating officer. In other words it has the statutory authority to examine the correctness, legality or propriety
of the decision or order passed.
ESTABLISHMENT OF THE CYBER APPELLATE TRIBUNAL
Section 48 of the IT Act 2000 talks about the establishment of Cyber Appellate Tribunal where the Central Government shall by notification
establish one or more appellate tribunals. The powers of the Tribunal are no doubt limited. Its area of jurisdiction is well defined within the
boundaries of its jurisdiction. However if at any time, the Chairperson of the Tribunal is satisfied that circumstances exist which render it
necessary to have settings of the Tribunal at any place other than New Delhi, the Chairperson may direct to hold the sittings at any such
appropriate place.
COMPOSITION OF THE CYBER APPELLATE TRIBUNAL
Sec 49 of the IT Act 2000 deals with the composition of Cyber Appellate Tribunal. It shall consist of a Chairperson and such number of other
members as the Central Government may notify.
 QUALIFICATIONS
To be qualified for appointment as a Chairperson of the Cyber Appellate Tribunal, a person has or qualified to be a judge of a High Court.
Judicial members of the Cyber Appellate Tribunal so appointed from amongst persons who is or has been a member of the Indian Legal
Service and has held the post of Additional Secretary for a period of not less than one year or Grade I post of that service for a period of not
less than five years. Members other than judicial member should have special knowledge and professional experience in information
technology, telecommunication, industry, management or consumer affairs.
 TERM
Section 51 (1) provides a five year term for the Chairperson or Member of the Cyber Appellate Tribunal. The term states from the date on
which he enters upon his office. It will last for five years or until he attains the age of 65 years, whichever is earlier.
 POWERS
As per section 52A the Chairperson being the Head of the Cyber Appellate Tribunal has both executive and administrative powers of general
superintendence and directions in the conduct of the affairs of that Tribunal which may include presiding over the meetings of the Tribunal.
To exercise and discharge such powers and functions of the Tribunal as may be prescribed. The Chairperson has the power of the to
transfer cases after either following the laid down procedure or suo moto may transfer any case pending before one Bench, for disposal to
any other Bench.
 RESIGNATION AND REMOVAL
Section 54 deals with resignation and removal of the Chairperson and members of a Cyber Appellate Tribunal. In order to resign,
Chairperson or the member of the Cyber Appellate Tribunal has to give notice in writing under his hand to the Central Government. It is for
the Central Government to relieve him on the receipt of such notice or permit him to continue to hold office until the expiry of three months
from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of
office, whichever is the earliest. The Chairperson or a Member of the Cyber Appellate Tribunal can be removed on the ground of
misbehaviour or incapacity after instituting an inquiry under a Judge of the Supreme Court. Under section 87 (2) (s) of the Act, the Central
Government has the power to make rules regarding the procedure for investigation of misbehaviour or incapacity of the Chairperson or a
Member.
PROCEDURE AND POWERS OF CYBER APPELLATE TRIBUNAL
The Code of Civil Procedure 1908 is an Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
The objective of the section 58 is that the Tribunal is not bound by the procedure laid down by the Code of Civil Procedure 1908 and instead
it shall be guided by the principles of natural justice. The principles of natural justice revolve around the premise that the authority should
hear the person concerned before passing any decision, direction or order against him.
In Union of India v. T. R. Verma, AIR 1957 SC 882 its said that it is established law that the tribunals should follow law of natural justice
requires that a party should have opportunity of adducing all relevant evidence on which he relies. Evidence should be taken in the presence
of the parties and the opportunity to cross examination be given.
Further the Cyber Appellant Tribunal shall have powers to regulate its own procedure including the place at which it shall have its sittings. It
is an established law that in the absence of any procedure laid down, the provisions of the Code of Civil Procedure should be followed.
The CYBER APPELLATE COURT shall have the powers of:-
 Summoning and enforcing the attendance of any person and examining him on oath;
 Requiring the discovery and production of documents or other electronic records;
 Receiving evidence on affidavits;
 Issuing commissions for the examination of witness or documents;
 Reviewing its decisions;
 Dismissing an application for default or deciding it ex parte;
 Any other matter, which may be prescribed.
APPEAL
 APPEAL FROM CONTROLLER OR AN ADJUDICATING OFFICER TO THE CYBER APPELLANT TRIBUNAL
Under section 57 of the IT Act 2000 lies right to appeal to the Cyber Appellant Tribunal if any person is aggrieved by an order made by
Controller or an adjudicating officer. The right to appeal is a creature of a statute and it is for the legislature to decide whether the right of
appeal should be given unconditional to an aggrieved party or it should be conditionally given.
 APPEAL FROM THE CYBER APPELLATE TRIBUNAL TO HIGH COURT
Within the scheme of the IT Act under section 62, the Cyber Appellate Tribunal is the final fact finding authority. The Act provides a second
forum of appeal in the form of the High Court to any person aggrieved by any decision or order of the Cyber Appellate Tribunal. An appeal is
to be filed within 60 days from the date of communication of the decision.
COMPOUNDING CONTRAVENTIONS
The proviso to the sub section (1) of section 63 provides that the maximum amount of the penalty, which may be imposed under this Act for
the contravention, so compounded not to exceed the maximum amount prescribed for such contravention. A penalty imposed or
compensation awarded under this Act, if it is not paid, shall be recovered as an arrears of land revenue and the license or the Electronic
Signature Certificate as the case may be and shall remain suspended till the penalty.
CONCLUSION
Cyber world is entirely different from the real existing world but it has the capacity to engage crimes that happen in the real world. The Cyber
Appellant Tribunal so established to stop cyber crimes and punish those who are part of it. The efficacy of the Cyber Appellant Tribunal can
be improved by creating necessary awareness in the public & the authorities and with efforts to deploy adequate manpower. It is important to
enhance technological ability to deal with any situation that will come across. It is necessary to maintain integrity, confidentiality and
authentication of communication channels and processes. For certain types of crimes there lies a requirement of certain kinds of courts for
faster decision. Following the procedure of natural justice and not C.P.C, decision is expected faster.
Write down the history, object, reason, main features and the changes brought out by the Information Technology Act, 2000.
History
Information Technology Act, 2000
In 1996, the United Nations Commission on International Trade Law (UNCITRAL) adopted the model law on electronic commerce (e-
commerce) to bring uniformity in the law in different countries.
Further, the General Assembly of the United Nations recommended that all countries must consider this model law before making changes
to their own laws. India became the 12th country to enable cyber law after it passed the Information Technology Act, 2000.

While the first draft was created by the Ministry of Commerce, Government of India as the E-Commerce Act, 1998, it was redrafted as the
‘Information Technology Bill, 1999’, and passed in May 2000. The Act is divided into 13 chapters, 90 sections and 2 schedules.
Objectives of the Act
The Information Technology Act, 2000 provides legal recognition to the transaction done via electronic exchange of data and other
electronic means of communication or electronic commerce transactions.
This also involves the use of alternatives to a paper-based method of communication and information storage to facilitate the electronic filing
of documents with the Government agencies.
Further, this act amended the Indian Penal Code 1860, the Indian Evidence Act 1872, the Bankers’ Books Evidence Act 1891, and the
Reserve Bank of India Act 1934. The objectives of the Act are as follows:
 Grant legal recognition to all transactions done via electronic exchange of data or other electronic means of communication or e-
commerce, in place of the earlier paper-based method of communication.
 Give legal recognition to digital signatures for the authentication of any information or matters requiring legal authentication
 Facilitate the electronic filing of documents with Government agencies and also departments
 Facilitate the electronic storage of data
 Give legal sanction and also facilitate the electronic transfer of funds between banks and financial institutions
 Grant legal recognition to bankers under the Evidence Act, 1891 and the Reserve Bank of India Act, 1934, for keeping the books
of accounts in electronic form.
Features of the Information Technology Act, 2000
 All electronic contracts made through secure electronic channels are legally valid.
 Legal recognition for digital signatures.
 Security measures for electronic records and also digital signatures are in place
 A procedure for the appointment of adjudicating officers for holding inquiries under the Act is finalized
 Provision for establishing a Cyber Regulatory Appellant Tribunal under the Act. Further, this tribunal will handle all appeals made
against the order of the Controller or Adjudicating Officer.
 An appeal against the order of the Cyber Appellant Tribunal is possible only in the High Court
 Digital Signatures will use an asymmetric cryptosystem and also a hash function
 Provision for the appointment of the Controller of Certifying Authorities (CCA) to license and regulate the working of Certifying
Authorities. The Controller to act as a repository of all digital signatures.
 The Act applies to offences or contraventions committed outside India
 Senior police officers and other officers can enter any public place and search and arrest without warrant
 Provisions for the constitution of a Cyber Regulations Advisory Committee to advise the Central Government and Controller.
Applicability and Non-Applicability of the Act
Applicability
According to Section 1 (2), the Act extends to the entire country, which also includes Jammu and Kashmir. In order to include Jammu and
Kashmir, the Act uses Article 253 of the constitution. Further, it does not take citizenship into account and provides extra-territorial
jurisdiction.
Section 1 (2) along with Section 75, specifies that the Act is applicable to any offence or contravention committed outside India as well. If the
conduct of person constituting the offence involves a computer or a computerized system or network located in India, then irrespective of
his/her nationality, the person is punishable under the Act.
Lack of international cooperation is the only limitation of this provision.
Non-Applicability
According to Section 1 (4) of the Information Technology Act, 2000, the Act is not applicable to the following documents:
 Execution of Negotiable Instrument under Negotiable Instruments Act, 1881, except cheques.
 Execution of a Power of Attorney under the Powers of Attorney Act, 1882.
 Creation of Trust under the Indian Trust Act, 1882.
 Execution of a Will under the Indian Succession Act, 1925 including any other testamentary disposition
by whatever name called.
 Entering into a contract for the sale of conveyance of immovable property or any interest in such property.
 Any such class of documents or transactions as may be notified by the Central Government in the Gazette.

Why was the Information Technology Amendment Act created?

The original version of the act was developed to promote the IT industry, regulate e-commerce, facilitate e-governance and
prevent cybercrime.
However, it also sought to foster security practices within India that would serve the country in a global context.
In addition, the Information Technology Amendment Act established the office of the Cyber Appellate Tribunal to hear appeals from any
person aggrieved by an order made under the act.
What does the Information Technology Amendment Act cover?
The Information Technology Amendment Act 2008 has nine chapters and 117 sections and covers a wide range of topics related to IT,
cybercrime and data protection.
The act includes provisions for the following
 tightening cyber security measures
 establishing a legal framework for digital signatures
 recognizing and regulating intermediaries
 regulating interception, monitoring and decryption of electronic records
 cyber forensics
 cyberterrorism

Amendments to the act have been created to address issues that the original bill failed to cover and to accommodate further development of
IT and related security concerns since the original law was passed.
How has the Information Technology Amendment Act been updated?
Changes to the amendment over the years have included the following:
 redefining terms such as communication devices to reflect current use;
 validating electronic signatures and contracts;
 making the owner of a given IP address responsible for content accessed or distributed through it; and
 making corporations responsible for implementing effective data security practices and liable for data breaches.

In recent years, the IT Act has also been updated to include provisions for the regulation of intermediaries, penalties for cybercrime and
restrictions on certain types of speech.
These changes included expanding the definition of cybercrime and adding new penalties for offenses such as identity theft, publishing
private images without consent, cheating by impersonation, and sending offensive messages or those containing sexually explicit acts
through electronic means.

What do you understand by ‘Digital Signature’ ?

Introduction
A digital signature is exactly what it sounds like, a modern alternative to signing documents with paper and pen.
It uses an advanced mathematical technique to check the authenticity and integrity of digital messages and documents.
It guarantees that the contents of a message are not altered in transit and helps us overcome the problem of impersonation and tampering in
digital communications.
Digital signatures also provide additional information such as the origin of the message, status, and consent by the signer.
How do digital signatures work?
A digital signature is an electronic, encrypted, stamp of authentication on digital information such as e-mail messages, macros, or electronic
documents.
A signature confirms that the information originated from the signer and has not been altered.
Using a mathematical algorithm, digital signing solution providers will generate two keys: a public key and a private key. When a signer
digitally signs a document, a cryptographic hash is generated for the document.
That cryptographic hash is then encrypted using the sender's private key, which is stored in a secure HSM (A hardware security module)
box.
It is then appended to the document and sent to the recipients along with the sender's public key.
The recipient can decrypt the encrypted hash with the sender's public key certificate.
A cryptographic hash is again generated on the recipient's end.
Both cryptographic hashes are compared to check its authenticity.
If they match, the document hasn't been tampered with and is considered valid
A digital signature is a mathematical technique used to validate the authenticity and integrity of a digital document, message or software.
It's the digital equivalent of a handwritten signature or stamped seal, but it offers far more inherent security.
A digital signature is intended to solve the problem of tampering and impersonation in digital communications.
Digital signatures can provide evidence of origin, identity and status of electronic documents, transactions or digital messages.
Signers can also use them to acknowledge informed consent. In many countries, including the U.S., digital signatures are considered legally
binding in the same way as traditional handwritten document signatures.
A digital signature is a specific type of electronic signature that serves as a virtual “fingerprint” used to authenticate the identity of the signer
and the digital document they sign.
When a document is digitally signed, a digital certificate is permanently embedded in the document.
In addition to accurately identifying the signer and the time the signature took place, this digital certificate verifies whether the document has
been tampered with or not.
Digital signatures are safer and more secure than traditional pen-and-ink signatures.
With handwritten signatures, you can’t always tell who signed the document and when they signed it.
Additionally, you can’t tell whether the document has been tampered with after the handwritten signatures have been made.
The technology behind digital signatures has been used for many years and it’s highly standardized and accepted by many businesses,
organizations, and governments throughout the world.
Internationally, digital signatures are more widely accepted than more simplistic (and less secure) types of electronic signatures.
Digital documents embedded with digital signatures are legally valid the day they are signed and will continue to be legally valid many years
ahead.
How do digital signatures work?
Digital signatures are based on public key cryptography, also known as asymmetric cryptography. Using a public key algorithm -- such as
Rivest-Shamir-Adleman, or RSA -- two keys are generated, creating a mathematically linked pair of keys: one private and one public.
Digital signatures work through public key cryptography's two mutually authenticating cryptographic keys.
For encryption and decryption, the person who creates the digital signature uses a private key to encrypt signature-related data. The only
way to decrypt that data is with the signer's public key.
If the recipient can't open the document with the signer's public key, that indicates there's a problem with the document or the signature. This
is how digital signatures are authenticated
What are the Benefits of Digital Signatures?
Digital signatures provide numerous benefits for businesses and organizations making the move towards a paperless office. In addition to
being environmentally friendly by cutting out paper documents and the travel requirements needed to sign documents in person, digital
signatures save time, cut costs and improve security. The benefits of digital signatures also include, but are not limited to:
 Security – Digital signatures are more secure than traditional handwritten signatures due to the cryptographic encryption
embedded in the documents being signed.
 Legality – Digital signatures have the same legal value as handwritten signatures. The authenticity of the signature is verifiable
and can stand similar to traditional pen and paper signatures in the court of law.
 Workflow – Efficiency in the workplace is something all companies strive for – and thanks to digital signatures, processing
documents has become easier and more effortless than ever before. This digital innovation saves both time and money for
businesses.
 Customer Experience – Would you rather enlist the services of a business using traditional pen and paper documents that take
days if not weeks to process, or work with a company who can process your documents in a fast and secure operation?
Customers want a faster, better and more streamlined experience – and that’s what they get with a company who uses digital
signatures for their customer facing operations.

Write an essay on Cyber Crime.

Cybercrime is a type of crime involving a computer or a computer network.
The computer may have been used in committing the crime, or it may be the target.
Cybercrime may harm someone's security or finances.
Classifications
Computer crime encompasses a broad range of activities, including computer fraud, financial crimes, scams, cybersex trafficking, and ad
fraud.
Computer fraud
is the act of using a computer to take or alter electronic data, or to gain unlawful use of a computer or system. If computer fraud involves the
use of the internet, it can be considered Internet fraud.
Other forms of fraud may be committed using computer systems, including bank fraud, carding, identity theft, extortion, and theft of classified
information.
These types of crimes often result in the loss of personal or financial information.
Cyberterrorism
Cyberterrorism are acts of terrorism committed through the use of cyberspace or computer resources.
Acts of disruption of computer networks and personal computers through viruses, worms, phishing, malicious software, hardware, or
programming scripts can all be forms of cyberterrorism.
Cyberextortion
Cyberextortion occurs when a website, e-mail server, or computer system is subjected to or threatened with attacks by malicious hackers,
such as denial-of-service attacks. Cyberextortionists demand money in return for promising to stop the attacks and to offer "protection".
Ransomware
Ransomware is a type of malware used in cyberextortion to restrict access to files, sometimes threatening permanent data erasure unless a
ransom is paid.
Cybersex trafficking
Cybersex trafficking is the transportation of victims and then the live streaming of coerced sexual acts or rape on webcam. Victims are
abducted, threatened, or deceived and transferred to "cybersex dens". The dens can be in any location where the cybersex traffickers have
a computer, tablet, or phone with an internet connection.
Perpetrators use social media networks, video conferences, dating pages, online chat rooms, apps, dark web sites, and other platforms.
Cyberwarfare
The U.S. Department of Defense notes that cyberspace has emerged as a national-level concern through several recent events of
geostrategic importance, including the attack on Estonia's infrastructure in 2007, allegedly by Russian hackers. In August 2008, Russia again
allegedly conducted cyberattacks, this time in a coordinated and synchronized kinetic and non-kinetic campaign against the country
of Georgia.
Computer as a tool
Crimes that use computer networks or devices to advance other ends include:
 Fraud and identity theft (although this increasingly uses malware, hacking or phishing, making it an example of both "computer as
target" and "computer as tool" crime)
 Information warfare
 Phishing scams
 Spam
 Propagation of illegal obscene or offensive content, including harassment and threats
The unsolicited sending of bulk email for commercial purposes (spam) is unlawful in some jurisdictions.
Phishing is mostly propagated via email. Phishing emails may contain links to other websites that are affected by malware.
Or they may contain links to fake online banking or other websites used to steal private account information.
Obscene or offensive content
The content of websites and other electronic communications may be distasteful, obscene, or offensive for a variety of reasons. In some
instances, these communications may be illegal.
The extent to which these communications are unlawful varies greatly between countries, and even within nations. It is a sensitive area in
which the courts can become involved in arbitrating between groups with strong beliefs.
One area of internet pornography that has been the target of the strongest efforts at curtailment is child pornography, which is illegal in most
jurisdictions in the world.
Ad-frauds
Ad-frauds are particularly popular among cybercriminals, as such frauds are lucrative and less likely to be prosecuted. Jean-Loup Richet, a
professor at the Sorbonne Business School, classified the large variety of ad-fraud committed by cybercriminals into three categories: identity
fraud, attribution fraud, and ad-fraud services.
Identity fraud aims to impersonate real users and inflate audience numbers. Several ad-fraud techniques relate to this category and include
traffic from bots (coming from a hosting company or a data center, or from compromised devices); cookie stuffing; falsifying user
characteristics, such as location and browser type; fake social traffic (misleading users on social networks into visiting the advertised
website); and the creation of fake social media accounts to make the bot appear legitimate.
Attribution fraud impersonates the activities of real users, such as clicks and conversations. Multiple ad-fraud techniques belong to this
category: hijacked devices and the use of infected users (through malware) as part of a botnet to participate in ad fraud campaigns; click
farms (companies where low-wage employees are paid to click or engage in conversations and affiliates' offers); incentivized browsing; video
placement abuse (delivered in display banner slots); hidden ads (which will never be viewed by real users); domain spoofing (ads served on
a website other than the advertised real-time bidding website); and clickjacking, in which the user is forced to click on an ad.
Ad fraud services are related to all online infrastructure and hosting services that might be needed to undertake identity or attribution fraud.
Services can involve the creation of spam websites (fake networks of websites created to provide artificial backlinks); link building services;
hosting services; creation of fake and scam pages impersonating a famous brand and used as part of an ad fraud campaign.
Online harassment
Whereas content may be offensive in a non-specific way, harassment directs obscenities and derogatory comments at specific individuals
focusing, for example, on gender, race, religion, nationality, or sexual orientation.
Drug trafficking
Darknet markets are used to buy and sell recreational drugs online. Some drug traffickers use encrypted messaging tools to communicate
with drug mules or potential customers. The dark web site Silk Road was the first major online marketplace for drugs, starting operation in
2011. It was permanently shut down in 2014 by the FBI and Europol. After Silk Road 2.0 went down, Silk Road 3 Reloaded emerged.
However, it was just an older marketplace named Diabolus Market, that used the name for more exposure from the brand's previous
success.

Introduction
In the modern era of interconnectedness, technology has revolutionized various aspects of our lives, providing countless benefits and
opportunities.
However, this rapid advancement has also given rise to a darker side of innovation: cybercrime.
Cybercrime encompasses a broad spectrum of illegal activities that exploit the vulnerabilities of computer networks and individuals in
cyberspace.
From financial fraud to identity theft, cybercrime poses a significant threat to individuals, organizations, and even nations.
This essay aims to shed light on the different forms of cybercrime, its impacts, and the urgent need for robust cybersecurity measures.
What is a Cybercrime ?
Cybercrime is a type of crime in which illegal activities are carried out online or using computers.
Cybercrime comes in a variety of forms which involves harassing online users.
Cybercrime is the most serious and rapidly expanding type of crime in this day and age.
Any person's life may be negatively impacted for a very long time by becoming a cyber victim.
 Cybercrimes have a wide range of repercussions on financial and investment activity in digital organisations.
One typical tactic used by criminals is to lure online users in by creating attractive websites and sending phoney emails purporting to be from
banks or other organizations and asking for personal information.
It makes it easier for criminals to access a person's bank account and personal data.
Due to viruses, mail fraud, account hacking, and software piracy, people have been victims of cybercrimes.
They also run into problems with unauthorized access mailing, threats from pornographic emails, and video transmission.
Types of Cyber Crime
 Cyberstalking: It is the use of electronic communication to track down a person or to make repeated attempts to get in touch with
them in order to foster personal interaction despite their blatant lack of interest. Anyone who monitors the internet, email, or any
other form of electronic communication is guilty of stalking.
 Phishing: Phishing (pronounced: fishing) is an attack that attempts to steal your money, or your identity, by getting you to reveal
personal information -- such as credit card numbers, bank information, or passwords -- on websites that pretend to be legitimate.
It is a sort of fraud that includes collecting personal data from recipients of emails that seem to be coming from a reliable source,
including Customer ID, IPIN, Credit/Debit Card number, Card expiration date, CVV number, etc.
 Vishing: It is an attempt when criminals attempt to obtain personal information over the phone, such as Customer ID, Net Banking
password, ATM PIN, OTP, Card expiration date, CVV, etc. Vishing (voice or VoIP phishing) is a type of cyber attack that uses
voice and telephony technologies to trick targeted individuals into revealing sensitive data to unauthorized entities.
 Smishing: It is a sort of fraud that employs text messages sent to mobile devices to entice victims into dialling a fake phone
number, going to a fake website, or downloading harmful software. Smishing is a social engineering attack that uses fake mobile
text messages to trick people into downloading malware, sharing sensitive information, or sending money to cybercriminals. The
term “smishing” is a combination of “SMS”—or “short message service,” the technology behind text messages—and “phishing.”
 Impersonation and Identity Theft: This includes the dishonest or fraudulent use of another person's electronic signature,
password, or other distinctive identification trait.
 Virus, Worms, Trojan: A computer virus is a programme designed to infiltrate your computer, corrupt your files and data, and
spread itself. Worms are malicious software applications that repeatedly duplicate themselves on local drives, network shares,
etc. Trojan is a malicious programme that mimics a legitimate application. Trojans offer unauthorized people and applications
access to your computer through a backdoor entry, allowing them to steal sensitive data.
How to Prevent Cyber Crime
 Backup every piece of information—data, systems, and considerations—to make it easier for businesses to recover from
unforeseen events with the help of prior data.
 Pick a firewall that offers protection from viruses, malware, and dishonest hackers.
 Never divulge private information to a stranger since they might exploit it for fraud.
 To avoid cybercrime, check your security settings—in order to determine if someone has logged into your computer, a cyber
firewall analyses your network settings.
 Antivirus software aids in identifying potential threats and malware before they infect a computer system. Never use software that
has been cracked since it poses a serious risk of data loss or malware attack.
 Keep your information protected when accessing untrusted websites—information can readily bypass the data through phishing
websites.

Introduction
In the modern era of interconnectedness, technology has revolutionized various aspects of our lives, providing countless benefits and
opportunities. However, this rapid advancement has also given rise to a darker side of innovation: cybercrime. Cybercrime encompasses a
broad spectrum of illegal activities that exploit the vulnerabilities of computer networks and individuals in cyberspace. From financial fraud to
identity theft, cybercrime poses a significant threat to individuals, organizations, and even nations. This essay aims to shed light on the
different forms of cybercrime, its impacts, and the urgent need for robust cybersecurity measures.
1. Types of Cybercrime:
Cybercrime manifests in numerous forms, each with its own objectives and methods. One common type is phishing, wherein criminals
deceive unsuspecting individuals into divulging personal information, such as login credentials and financial details, through fraudulent
emails or websites. Similarly, malware attacks, such as ransomware, aim to infiltrate computer systems and hold data hostage until a ransom
is paid. Other cybercrimes include identity theft, online scams, hacking, and cyberstalking. The variety and complexity of cybercrimes
demonstrate the adaptability of criminals in exploiting vulnerabilities in the digital realm.
2. Impacts of Cybercrime:
The impacts of cybercrime are far-reaching and devastating, affecting individuals, businesses, and even governments. For individuals, falling
victim to cybercrime can result in financial losses, compromised personal information, and emotional distress. Identity theft, in particular, can
ruin one's credit history and lead to a long and arduous process of restoring one's financial identity. Similarly, organizations face significant
 financial losses due to cyberattacks, not to mention the reputational damage that may ensue. The theft of sensitive corporate data or trade
secrets can undermine competitiveness and erode customer trust.
On a larger scale, cybercrime poses a threat to national security. State-sponsored cyberattacks can target critical infrastructure, such as
power grids and transportation systems, with potentially catastrophic consequences. Furthermore, cyber espionage enables the theft of
sensitive government information, jeopardizing diplomatic relations and undermining national defense strategies. The interconnectedness of
cyberspace means that the impact of cybercrime extends beyond national borders, making it a global concern.
3. Factors Contributing to Cybercrime:
Several factors contribute to the rise of cybercrime. Firstly, the increasing accessibility and affordability of technology have created a larger
pool of potential cybercriminals. Moreover, the anonymous nature of the internet allows criminals to operate with impunity, making it difficult
to trace their activities. The globalization of cybercrime networks and the ease of sharing hacking techniques on the dark web further
exacerbate the problem. Additionally, the lack of cyber literacy among individuals and organizations makes them more susceptible to cyber
threats.
Furthermore, the rapid pace of technological advancements often outpaces the development of cybersecurity measures. This asymmetry
creates vulnerabilities that cybercriminals exploit. The proliferation of internet-connected devices through the Internet of Things (IoT) provides
additional entry points for cyberattacks. Insufficient investment in cybersecurity infrastructure and inadequate legal frameworks also
contribute to the challenges in combating cybercrime.
4. Addressing the Cybercrime Menace:
Tackling cybercrime requires a multi-faceted approach involving governments, organizations, and individuals. Governments must enact
comprehensive legislation that criminalizes cybercrime, establishes international cooperation, and facilitates information sharing between
agencies. Increased funding for law enforcement agencies specializing in cybercrime investigation and prosecution is vital to ensure
cybercriminals are brought to justice.
Organizations should prioritize cybersecurity by implementing robust measures, including firewalls, encryption, and regular system updates.
Employee training programs can enhance cyber literacy and promote best practices to prevent successful cyberattacks. Collaboration
between businesses and government agencies can foster the exchange of threat intelligence, allowing for timely responses to emerging
cyber threats.
Individuals must remain vigilant and adopt cybersecurity practices in their everyday lives. This includes using strong and unique passwords,
exercising caution while clicking on links or downloading attachments, and regularly updating software and antivirus programs. Educating the
public about common cyber threats and providing guidance on cybersecurity practices can go a long way in mitigating the risks associated
with cybercrime.
Conclusion:
Cybercrime poses a significant threat in the digital age, affecting individuals, organizations, and nations alike. Its diverse forms and
widespread impact demand a collective effort to combat this menace. Governments, organizations, and individuals must collaborate to
strengthen cybersecurity measures, enhance legislation, and promote cyber literacy. Only through proactive measures and increased
awareness can we protect ourselves and our digital ecosystems from the ever-evolving threat of cybercrime, ensuring a safer and more
secure digital future.

Discuss the fact and principles of laws laid down in the case of Indian Performing Right Society Ltd. vs Eastern India Motion
Association (AIR 1977 SC 1443).
Background:
Before this judgment, there was a dispute between music composers and producers of films over the copyright and the IPRS would claim
royalty over the songs when they were to be performed in public. This judgment settled the dispute between both the parties. Before the
judgment, the producers of films would have to pay royalty, the fee to the IPRS. After the judgment, the music composers claimed that they
have been deprived of rights as they would not be earning the profits over their songs. Further technological advancements like making
ringtones and caller tunes also caused hardship for the music composers and as a result, an Amendment Act was passed in 2012 to reduce
the hardship of composers to some extent.
Statutory Provisions Discussed:
 Clauses (d), (f), (j), (m), (p), (q), (r), (v) and (y) of Section 2,
 Section 13 of Copyright Act, 1957
 Section 14 of Copyright Act, 1957
 Section 17 of Copyright Act, 1957
 Section 18 of Copyright Act, 1957
 Section 22 & 26 of Copyright Act, 1957
 Section 30 of Copyright Act, 1957 (hereinafter referred to as ‘Act’).
Facts of the Case:

Factual Matrix-
IPRS incorporated in 1969 to issue or grant licenses for performance of musical works of which copyrights subsisted in India. It also charges
fees and royalties that are collected for the grant of licenses for performance in public of works which it claims to have copyright subsisting in
India.

Procedural History-
Associations of Cinematographic films filed objections before the Copyright Board under Section 34 of the Act. The Copyright Board
expressed the view that the copyright remains with the music composers and that they could assign the performing right in public to IPRS.
Aggrieved by the decision of the Board, the respondents filed an appeal before Calcutta High Court which reversed the decision of the
Copyright Board and thus held that the music composers don’t have right, instead it is the producers of cinematographic films who has the
copyright over it. Aggrieved by the Decision of High Court, the Appellants have preferred an appeal under Article 133(1) of the Constitution.
The appellants claimed that the music composers have the copyright over the work and the IPRS can charge a fee, royalty when these
works are to be performed in public. On the other hand, the Respondents claimed that they have the copyright over the work since the
composers worked under a contract and the music was incorporated in a film.

Issues which are in challenges:

 Whether in view of the provisions of the Copyright Act, 1957, an existing and future rights of music composer, the lyricist is
capable of assignment?
 Whether the producer of a cinematograph film can defeat the right of the composer by engaging him?
Arguments:
(a) Arguments by the Appellants- The Appellants argued that the composer of a literary or musical work has exclusive copyright in a
literary or musical work and that right is infringed by any person if he without a license from the owner of the copyright, performs the work in
public by exhibiting the cinematograph film. A person has to take permission from the owner of the copyright i.e. the music composer, lyricist,
etc. if he wants to perform his work in public even by way of a cinematographic film. The Appellants further argued that the copyright in a
cinematographic film and the copyright in a music work is different. They further stated that Section 17(b) of the Act has no application hence
the producers of films cannot claim copyright over the music work.
(b)Arguments by the Respondents- The respondents argued that the soundtrack is part of a cinematograph film by virtue of Section 2(f) of
the Act. They further argued that cinematograph film is copyrighted under Section 13(1)(b) of the Act and Section 14(1)(c)(ii) of the Act
confers on the owner of copyright the right to be seen in public and in so far as it consists of songs to be performed in public. Hence the
permission of composers of lyrics or music is not required for a movie to be seen in public and no fees are required to be paid to IPRS. They
have further argued that Section 17(b) will apply because if the producers hire someone to make music or lyrics as part of a film for
consideration, it confers separate copyright on a cinematograph film and the producer can exercise both the rights under Section 14(1)(c)(ii)
and 13(4) of the Act. The Appellants relied upon the decision in Wallerstein v. Herbert where it was held that the music composed for
consideration by the plaintiff under a contract for a drama to be performed on stage was not an independent composition but is part and
parcel of the drama and hence the music composer did not have any copyright over it.

Judgment:

The judgment of the Court was delivered by Justice Jaswant Singh.

(a) Ratio Decidendi- The Court while deciding Issue no. 1 held that, “It is accordingly held that an existing and future right of music ……
composer and lyricist in their respective ‘works’ as defined in the Act is capable of the assignment subject to the conditions mentioned in
section 18 of the Act, as also in section 19 of the Act which requires an assignment to be in writing, signed by the assignor or by his duly
authorized agent.”
It was the Second issue which Court considered was a Hot-bed of Controversy. The Court after considering the various provisions and
arguments of both the parties held that According to Provision (b) & (c) of Section 17 of the Act if the producer of the film hires a music
composer to make music or lyrics to be incorporated in a film under a contract of service for a valuable consideration, it is the producer and
not the composer who has the right over the music so composed. Justice Singh further held that according to Section 17(c) of the Act if the
music is composed under a contract of service or apprenticeship, the producer will have the right over the rights of composer and he can
defeat the rights of the composer according to the provisions of Section 17 of the Act. The Court also approved the decision of Wallerstein v.
Herbert [iii]on which the respondents have relied.
(b) Obiter Dicta- Justice Krishna Iyer while agreeing with Justice Singh widened the right of the music composers to some
extent. Justice Iyer held that the producer does have exclusive right over the film as a whole and he need not pay any fee or royalty to
IPRS. But music as a separate part remains the copyright of the composer which means the producers can claim copyright over the film
when it is performed in public as a whole but the producers cannot play parts of music separately in a theatre to attract the audience and if
he does so he will infringe the right of the composer.

Conclusion:
The decision of the court came as a sigh of relief for the producers of the film as now they need to pay to music composers and then to the
IPRS as fees for whenever the film is performed in public. On the other hand, this case increased hardships for the music composers as
ringtones and caller tunes were also part of the music. Due to the persistent efforts of the music composers, the Copyright (Amendment) Act,
2012 was passed by parliament which protects the rights of the composers to some extent. This judgment has been relied upon by the
Supreme Court recently in the International Confederation of Society of Authors v. Aditya Pandey. Hence, the law remains the same even as
today to the extent it is amended by the Amendment Act of 2012.

Discuss the facts and principles of law laid down in the case of Gramophone Co. of India vs. B.B. Pandey (AIR 1984 SC 667).
Gramophone Company Of India Ltd vs Birendra Bahadur Pandey & Ors on 21 February, 1984
Equivalent citations: 1984 AIR 667, 1984 SCR (2) 664
Court: Supreme Court of India
Bench: Reddy, O. Chinnappa (J)
Facts: A collection of pre-recorded cassettes were being imported to Nepal by Sungawa Enterprises (“Sungawa”) from Singapore through
Calcutta port.
Any delivery of goods to Nepal through the sea had to reach Calcutta port (in India) as Nepal is a land-locked country. The appellant
received information from the Customs authorities at Calcutta about a consignment of prerecorded cassettes sent by Universal Overseas
Private Ltd. Singapore to M/s. Sungawa Enterprises, Kathmandu, Nepal, that had arrived at Calcutta Port by ship and was awaiting dispatch
to Nepal.
The Gramophone Company of India (“Gramophone”) suspected the said cassettes to be unauthorized recordings of their music.
The appellant learnt that a substantial number of cassettes were pirated works, this fact having come to light through the broken
condition of the consignment which was lying in the Calcutta docks.
Basing upon the information received, the appellant sought the intervention of the Registrar of Copyrights for action under Sec. 53 of
the Copyright Act, 1957.
This provision enables the Registrar, after making such enquiries as he deems fit, to order that copies made out of India of a work which if
made in India would infringe copy right, shall not be imported.
The provision also enables the Registrar to enter any ship, dock or premises where such copies may be found and to examine such, copies.
On observing that the Registrar did not take swift measures, Gramophone approached the Single Judge Bench of Calcutta High Court.
The Single Judge Bench ruled in favor of Gramophone and instructed the Registrar of Copyrights to take appropriate measures
within eight weeks.
An appeal to the Division Bench of Calcutta High Court by Sungawa Enterprises was successful as the goods imported were not imported to
India but were merely transported through India.
Gramophone ultimately filed a Special Leave Petition in the Supreme Court of India against the Division Bench’s decision.
Issues:
 Whether mere transportation of goods through India amounts to importation?
 Whether the goods transported via Indian soil need to be lawful according to Indian Laws?
 Whether the importation of cassettes to Nepal through India amounted to Copyright Infringement under Section 53 of the
Copyright Act?
Law: Section 53 of the Indian Copyrights Act, 1957 (Importation of infringing copies); Section 11 & 2 of the Customs Act, 1962; Article 51 of
the Constitution of India: Promotion of international peace and security.
Section 53 of the Indian Copyrights Act, 1957: Importation of infringing copies.—
Section 53 of the Copyright Act, 1957 which enables the Registrar, after making such enquiries as he deemed fit, to order that
copies made out of India of a work which if made in India would infringe copyright, shall not be imported.
Analysis:
The Indian Supreme Court deliberated upon the meaning and interpretation of the term “import” pursuant to Indian Laws and specifically
within the context of the Copyright Act, 1955.
Sungawa’s main contention was that the goods were not intended to be circulated among other local Indian goods, but were merely being
transported to Nepal via India. The imported cassettes would not have made any impact on the sale of Gramaphone’s cassettes in India.
The Court rejected this argument and clarified that even if the goods were merely being transported through Indian soil, the laws of
the land would apply and if the goods, so being transported are violative of Indian laws, the country would have the appropriate
right to deal with the issue. It declared that the term “bringing into India from outside India” in Sections 51 and 53 of the Copyright
Act was not limited to importing goods for commercial purposes.
The Court emphasized that India is a part of multiple international treaties among the Convention on Transit Trade of the Land-
Locked States, including the ones to protect intellectual property rights. India would be bound to take measures if a violative
activity takes place on its soil, especially since the Treaty allows for such exceptions. This would not be dependent on the
nationality of the party being affected by the importation of such goods.
Conclusion:
The case expanded the protection awarded to copyright holders by allowing them to question and restrict even those goods that were merely
being transported through India. The court further denied limiting copyright enforcement actions to only when there are economic losses
arising in India.
Appeal allowed.

Background of the case:

By treaty and by international convention, India allows transit facilities to Nepal, its neighbour and a land-locked country. A company based in
Kathmandu, Nepal imported a consignment of pre-recorded cassettes from Singapore which was awaiting its despatch to Nepal at Calcutta
Port. As the appellant company suspected those cassettes to be unauthorised reproductions of its records and cassettes, the import of
which into India was prohibited, the appellant company moved the Registrar of Copyrights for action under section 53 of the Copyright Act,
1957 which enables the Registrar, after making such enquiries as he deemed fit, to order that copies made out of India of a work which if
made in India would infringe copyright, shall not be imported. As the Registrar did not take expenditious (done with speed and efficiency)
action, the appellant company moved the High Court by a writ petition. A single Judge made an interim order permitting the appellant-
company to inspect the consignment and if any of the cassettes were found to have infringed the appellant's copyright, they were to be kept
apart until further orders of the Registrar. The Registrar was directed to deal with the application of the appellant-company in accordance
with law. The consignee preferred an appeal against this order of the single Judge. A Division Bench of the High Court allowed the appeal
and dismissed the writ petition of the appellant-company. The Division Bench held that there was no importation when the goods entered
India enroute to Nepal. The Division Bench was of the view that the word `import' did not merely mean bringing the goods into India, but
comprehended something more, that is, "incorporating and mixing,or mixing up of the goods imported with the mass of the property in the
local area". The company obtained special leave to appeal.
The questions which arose were :
(i) whether international law is, of its own force, drawn into the law of the land without the aid of a municipal statute,
(ii) whether, so drawn,it overrides municipal law in case of conflict;
(iii) whether there is any well established rule of international law on the question of the right of land-locked states to
innocent passage of the goods across the soil of another state; and
(iv) what is the meaning of the word `import' used in section 53 of the Copyright Act.
Allowing the appeal.

HELD :
(i) whether international law is, of its own force, drawn into the law of the land without the aid of a municipal statute ?
(ii) whether, so drawn, it overrides municipal law in case of conflict ?
On questions (i) & (ii) There can be no question that nations must march with the international community and the municipal law must
respect rules of international law even as nations respect international opinion. The comity (courtesy and considerate behaviour
towards others) of nations requires that rules of international law may be accommodated in the municipal law even without
express legislative sanction provided they do not run into conflict with Acts of Parliament.
But when they do run into such conflict, the sovereignty and the integrity of the republic and the supremacy of the constituted legislatures in
making the laws may not be subjected to external rules except to the extent legitimately accepted by the constituted legislatures themselves.
The doctrine of incorporation also recognises the position that the rules of international law are incorporated into national law and considered
to be part of the national law, unless they are in conflict with an Act of Parliament. Comity of nations or no, municipal law must prevail in
case of conflict.
National courts cannot say yes if Parliament has said no to a principle of international law. National courts will endorse
international law but not if it conflicts will national law. National courts being organs of the national state and not organs of
international law must perforce apply national law if international law conflicts with it. But the courts are under an obligation within
legitimate limits, to so interpret the municipal statute as to avoid confrontation with the comity of nations or the well established principles of
international law. But if conflict is inevitable, the latter must yield.

(iii) whether there is any well established rule of international law on the question of the right of land-locked states to
innocent passage of the goods across the soil of another state ?
On question (iii), As the leading authorities on international law expressed divergent views on the question of the transit
rights of land-locked countries, the result has been that the land-locked countries have to rely on bilateral, regional or multi-lateral
agreements for the recognition of their rights. They very existence of innumerable bilateral treaties, while on the one hand it raises a
presumption of the existence of a customary right of transit, on the other it indicates the dependence of the right on agreement.
The most recent 1965 Convention on Transit Trade of Land-Locked States, to which both Nepal and India are signatories, while
providing for freedom of transit for the passage of goods between the land-locked state and the sea, across the territory of a
transit state emphasize the need for agreement between the land-locked country and the transit country. The bilateral Treaty of
Trade and Treaty of Transit entered into between India and Nepal in order to expand trade between the two countries in practice
mean a guarantee to Nepal to permit free and unhampered flow of goods needed by Nepal from India and a guarantee of freedom
of transit for goods originating from outside India across the territory of India to reach Nepal. But the Convention on Transit Trade
of Land-locked States and the Treaties between the two countries, leave either country free to impose necessary restrictions for
the purpose of protecting industrial, iterary or artistic property and preventing false marks, false indications of origin or other
methods of unfair competition in order to further other general conventions. It is clear that for this purpose, it is not necessary
that the land-locked country should be a party to the general conventions along with the transit country. The interpretation placed by
John H.B. Fried in the Indian Journal of international law that the provisions of the 1965 Convention permit the States of transit to enforce,
say a Copyright or trade mark convention even if, for example, neither the country of origin nor of destination is party to it appears to be a
correct interpretation.
An artistic, literary or musical work is the brain child of its author, the fruit of his labour, and so, considered to be his property. So
highly is it prized by all civilised nations that it is thought worthy of protection by national laws and international Conventions
relating to Copyright. The International Convention for the protection of literary or artistic works first signed at Berne on 9th
September, 1886 and finally revised at Paris in 1971 provided for protection to the authors of literary and artistic works. The
Universal Copyright Convention first signed at Geneva on 6th September 1952 and revised in Paris in 1971 requires the
contracting states to provide for the adequate and effective protection of the rights of authors and other copyright proprietors in
literary, scientific and artistic works including writings, musical, dramatic and cinematograph works and paintings engraving
and sculpture.

(iv) what is the meaning of the word `import' used in section 53 of the Copyright Act ?
On question No. (iv), The word `import' is not defined in the Copyright Act though it is defined in the Customs Act. But the same
word may mean different things in different enactments and in different contexts. It may even mean different things at different places in the
same statute. It all depends on the sense of the provision where it occurs. Reference to dictionaries is hardly of any avail particularly in the
case of words of ordinary parlance with a variety of well-know meanings. Such word take colour from the context. Appeal to the Latin root
won't help. The appeal must be to the sense of the statute.
The submission that where goods are brought into the country not for commerce, but for onward transmission to another country,
there can, in law, be no importation, is not acceptable. In the first place, the language of section 53 does not justify reading the
words `imported for commerce' for the words `imported; Nor is there any reason to assume that such was the object of the
legislature. While interpreting the words `import' in the Copyright Act, one must take note that while the positive requirement of
the Copyright Conventions is to protect copyright, negatively also, the Transit Trade Convention and the bilateral Treaty make
exceptions enabling the transit state to take measure to protect Copyright. If this much is borne in mind, it becomes clear that
the word `import' in section 53 of the Copyright Act cannot bear the narrow interpretation sought to be placed upon it to limit it
to import for commerce. It must be interpreted in a sense which will fit the Copyright Act into the setting of the International
Conventions.
The word `import' in sections 51 and 53 of the Copyright Act means bringing into India from outside India', that it is not limited to importation
for commerce only, but includes importation for transit across the country. This interpretation, far from being inconsistent with any principle of
International Law, is entirely in accord with International Conventions and the Treaties between India and Nepal.
The High Court thought that goods may be said to be imported into the country only if there is an incorporation or mixing up of the goods
imported with the mass of the property in the local area. In other words the High Court relied on the ‘Original Package Doctrine' as
enunciated by Chief Justice Marshall in Brown v. State of Maryland 6 L, Ed. 78.

Discuss the facts and principles of law laid down in the case of Monsanto Company By Their Patent ... vs Coramandal Indag
Products (P) Ltd on 14 January, 1986.
Equivalent citations: 1986 AIR 712, 1986 SCR (1) 120
Case Brief for Monsanto Co. v. Coramandal Indag Products Case
Court: Supreme Court of India
Parties:
The petitioner is the Monsanto Company of St Louis, Missouri, that is the parent corporation of Monsanto Company in India. This corporation
is claiming that the Coramandal Indag Products, Ltd. has disobeyed on two of the patents of them and the numbers of those patents are
104120 and 125381. Initially, these two patents were utilized in their weed killer, however later on they were essentially deposed to only one
patent. The defendant in this case is the Coramandal Indag Products (P) Ltd. This is a company that is of Indian Private Limited that has
purportedly and evidently utilized two of the patents of Monsanto Company in their weed killer.
Issue:
The Monsanto Company has claimed a suit against the Coramandal Indag Products Company for allegedly infringing the rights of the
patents that the Monsanto Company had patented in the month of February in the year of 1979. This patent was under the name “Butachlor”
but in reality they did not violated the patent.
The Monsanto Company has acquired a sample product of the Coramandal Indag Products Company and has examined and evaluated it.
After the examination and investigation, the results obtained revealed that this product has the same compounds which are found in the
product of the Monsanto Company. As a result of this the Monsanto Company has requested the court to uncover the Coramandal Indag
Products Company in the infringement of their patents however the Coramandal Indag Products Company has cancelled the patents of
Monsanto Company.
Facts:
The invention of formula CP-53619 (also known as Butachlor) by Dr. John Olin has not had the required effects on rice but it has played an
instrumental role in the killing of weeds. Dr. Olin’s formula was published in the International Rice Research Institute 1968 annual report, but
he never patented this formula.
The plaintiff-appellant instituted a suit against the respondent on the ground that its inventions entitled "Phytotoxic Compositions" and
"Grass Selective Herbicide Compositions" duly patented containing the active ingredient "Butachlor" was infringed by the defendant-
respondent marketing "Delchor-50" a formulation of "Butachlor" which was alleged to be covered by the plaintiff's Patent No. 125381.
In the written statement, the defendant-respondent claimed that the patents were liable to be revoked under sections 64(1)(a), (b), (d), (e),
(f), (g), (h), (i), (j), (k), (l), and (m) of the Patents Act, 1970.
At trial, Dr. Dixon (a witness for the plaintiff), explained that the Butachlor is an emulsifying agent in the herbicide and that MC had no patent
on the emulsifying agent, much less the patent for the formula.
The suit was decreed by the trial Court, but was dismissed by the appellate court.

Dismissing the appeal, the Supreme Court of India HELD :

1(i) Under section 61(1)(d), a patent may be revoked on the ground that the subject of any claim of the complete specification is not an
invention within the meaning of the Act. Under sec. 64(e), a patent may be revoked if the invention so far as claimed in any
claim of the complete specification is not new, having regard to what was publicly
known or publicly used in India before the date of the claim, etc. Under sec. 64(1)(f), a patent may be revoked if the invention so far
as claimed in any claim of the complete specification is obvious or does not involve any inventive step having regard to what was publicly
known or publicly used in India or what was published in India before the priority date of the claim.
1(ii) To satisfy the requirement of being publicly known as used in clauses (e) and (f) of sec. 64(1), it is not necessary,
that it should be widely used to the knowledge of the consumer public. It is sufficient if it is known to the persons who are engaged in
the pursuit of the knowledge of the patented product or process either as men of science or men of commerce or consumers.
2. Butachlor which was the common name for CP 53619 was discovered, even prior to 1968 as a Herbicide possessing the property of non-
toxic effect on rice. The formula for the Herbicide was published in the report of the International Rice Research Institute for the year 1968
and its common name Butachlor was also mentioned in the report of the International Rice Research Institute for the year 1969. No one
patented the invention Butachlor and it was the property of the population of the world. Before Butachlor or for that matter any Herbicide
could be used for killing weeds, it had to be converted into an emulsion by dissolving it in a suitable solvent and by mixing the
solution with an emulsifying agent. Emulsification is a well-known process and is no one's discovery. Neither Butachlor nor the process of
Emulsification was capable of being claimed by the plaintiffs as their exclusive property.
In the instant case, the solvent and the emulsifier were admittedly not secrets and they were ordinary market products. From the beginning
to the end, there was no secret and there was no invention by the plaintiffs. The ingredients, the active ingredients the solvent and
the emulsifier, were known; the process was known, the product was known and the use was known. The plaintiffs were merely
camouflaging a substance whose discovery was known throughout the world and trying to enfold it in their specification relating to Patent
Number 125381. The patent is, therefore, liable to be revoked.

PARTIES:
Plaintiff: Monsanto Company, St Louis, Missouri, USA(MC) – parent company of Monsanto Company-India, who is alleging that
Coramandel Indag Products, Ltd. has infringed on two of their patents (Numbers 104120 and 125381) that are used in their weed killer, but
was actually brought down to one patent.
Defendant: Coramandel Indag Products, (P) Ltd. (CIP) – an Indian Private Limited Company that has supposedly used 2 of Monsanto’s
patents in their weed killer.
ISSUE
MC has brought suit against CIP for supposedly violating patent rights that MC had patented in February of 1979 under the name of
Butachlor (when actually they did not do so).
MC had gotten a hold of a sample of CIP’s product and analyzed the product; with the analysis coming back that it had the same compounds
as in MC’s products.
MC has asked the court to find CIP in violation of their patents, while CIP has asked for MC’s patents be revoked.
FACTS:
Dr. John Olin discovered formula CP-53619 (AKA Butachlor) in 1966-67 that had no ‘toxic’ effects on rice, but did kill weeds. Dr.
Olin’s formula was published in the International Rice Research Institute 1968 annual report, but he never patented this formula.
MC patented Phototoxic Compositions on March 1, 1966 and Grass Selective Herbicide Composition on February 20, 1970 with the
active ingredient of Butachlor in the herbicide.
ACT:
Patents Act, 1970 - Sections 64(1)(e) and (f) – Patent - When liable to be revoked - Invention being publicly known - Requirement of - When
satisfied - Emulsification – Whether invention - Herbicide Formulations containing active ingredient 'Butachlor' - Whether can be
enfolded in specification relating to a Patent Product.
HEADNOTE:
The plaintiff-appellant instituted a suit against the respondent on the ground that its inventions entitled "Phytotoxic Compositions" and
"Grass Selective Herbicide Compositions" duly patented containing the active ingredient "Butachlor" was infringed by the defendant-
respondent marketing "Delchor-50" a formulation of "Butachlor" which was alleged to be covered by the plaintiff's Patent No.
125381.
In the written statement, the defendant-respondent claimed that the patents were liable to be revoked under Section 64(1)(a), (b), (d), (e),
(f), (g), (h), (i), (j), (k), (l), and (m) of the Patents Act, 1970. The suit was decreed by the trial Court, but was dismissed by the appellate
court.
Dismissing the appeal,

HELD :
1(i) Under Section 61(1)(d), a patent may be revoked (to officially cancel something so that it is no longer valid) on the ground that the
subject of any claim of the complete specification is not an invention within the meaning of the Act. Under sec. 64(e), a patent may be
revoked if the invention so far as claimed in any claim of the complete specification is not new , having regard to what was publicly
known or publicly used in India before the date of the claim, etc. Under sec. 64(1)(f), a patent may be revoked if the invention so far as
claimed in any claim of the complete specification is obvious or does not involve any inventive step having regard to what was
publicly known or publicly used in India or what was published in India before the priority date of the claim.

1(ii) To satisfy the requirement of being publicly known as used in clauses (e) and (f) of sec. 64(1), it is not necessary, that it should be widely
used to the knowledge of the consumer public. It is sufficient if it is known to the persons who are engaged in the pursuit of the knowledge of
the patented product or process either as men of science or men of commerce or consumers.

2. Butachlor which was the common name for CP 53619 was discovered, even prior to 1968 as a Herbicide possessing the property of non-
toxic effect on rice. The formula for the Herbicide was published in the report of the International Rice Research Institute for the year
1968 and its common name Butachlor was also mentioned in the report of the International Rice Research Institute for the year
1969. No one patented the invention Butachlor and it was the property of the population of the world. Before Butachlor or for that
matter any Herbicide could be used for killing weeds, it had to be converted into an emulsion by dissolving it in a suitable solvent and by
mixing the solution with an emulsifying agent. Emulsification is a well-known process and is no one's discovery. Neither Butachlor nor the
process of Emulsification was capable of being claimed by the plaintiffs as their exclusive property.

In the instant case, the solvent and the emulsifier were admittedly not secrets and they were ordinary market products. From the
beginning to the end, there was no secret and there was no invention by the plaintiffs.
The ingredients, the active ingredients the solvent and the emulsifier, were known; the process was known, the product was known and
the use was known.
The plaintiffs were merely camouflaging a substance whose discovery was known throughout the world and trying to enfold it in their
specification relating to Patent Number 125381. The patent is, therefore, liable to be revoked.
The appeal is dismissed with costs.

Discuss the facts and principles of law laid down in the case of Indian Performing Right Society ... vs Eastern India Motion
Pictures ... on 14 March, 1977; Equivalent citations: 1977 AIR 1443, 1977 SCR (3) 206
The IPRS came into existence on 23rd August 1969. The IPRS is a representative body of Owners of Music, viz. Composers, Lyricists (or
Authors) and the Publishers of Music and is also the sole authorized body to issue Licences for usage of Musical Works & Literary Music
within India. IPRS is to legitimize use of copyrighted Music by Music users by issuing them Licences and collect Royalties from Music Users,
for and on behalf of IPRS members i.e. Authors, Composers and Publishers of Music. Royalty thus collected is distributed amongst members
after deducting IPRS’s administrative costs. Composers are those who are better known as Music Directors, Authors are better known as
Lyricists, Publishers of Music are the Music Companies, or those who hold Publishing Rights of the Musical & Literary Works. Authors and
Composers are sometimes referred to as Writers which can mean any or both of them.

CINEMA OWNERS AND EXHIBITORS ASSOCIATION OF INDIA is a company registered in India having its registered office at 42-43
VIJAY CHAMBERS, 1ST FLOOR, TRIBHUVAN ROAD, MUMBAI, Maharashtra 400004 IN. The company was registered on 25-11-1946 with
Registrar of Companies RoC-Mumbai as a Private Company Limited by Guarantee. Cinema Owners And Exhibitors Association Of India
(COAEAOI) is a Private Not For Profit Company incorporated in India on 25 November 1946 and has a glorious history of 76 years and
seven months. Its registered office is in Mumbai, Maharashtra, India. The Corporate is engaged in the business of providing services of
membership organization. Cinematography is the art, technique or science of filmmaking, which includes the process of shooting
and the development of a film.

Facts of the case:

This is a dispute that broke out in a matter involving rights over Indian literary and music works for which the copyright subsides in
India. Parties to the dispute were the Indian performing right society and the cinematograph exhibitors association of India.
IPRS incorporated on 23/08/1969 in the state of Maharashtra governed by copyright Act 1957 has the authority for issuing licenses for
performance in public of all existing future Indian literary and musical works for which the copyright subsides in India and is a company
limited by guarantee for the purpose of granting license for all present and future Indian musical works to be performed in public.
IPRS claimed that it is entitled to a royalty in case the literary work used in cinematograph films is broadcasted on radio stations
as they claimed themselves to be assignees of the literary works and laid down a tariff for the same.
The association of cinematograph exhibitors opposed to the same saying that IPRS has absolutely no rights over these works and
that the production house was the real owner of copyrights over the literary work in question since the composer loses his rights
under the contract of service between production houses especially when there is a consideration involved.
How Are Movies Literature?
Simply put, movies are literature because they can be analyzed and interpreted in the same way as traditional written literature. All
of the elements of fiction that are present in written literature are present in literature presented as film. Literary works has several
forms such as poetry, drama, novels and films. Literature is divided into three group, those are oral literature, literary writing and
electronic literature.
An appeal was preferred as the objectors were dissatisfied with the High court decision which allowed claim made by the cinematographers
association and further laid down that assignment of future work has no effect.
Issue:
1. Whether an existing or a future right of music composer/lyricist is capable of assignment under section 18 when he grants a licence or
permission under section 30 to an author (owner) of a cinematograph film for its incorporation in the sound track of a cinematograph film ?
2. Whether the producer of the film can be the copyright owner by means of engaging the composer.
Holding:
1. Section 30 of the copyright act 1957 states that assignment of work is possible by means of issuing a license duly signed by the composer
or his assignee; and In case of a license relating to future work; the assignment shall take effect after the work comes into existence.
Copyright relating to existing and future work can be assigned. The assignment would take effect only when the work comes into existence.
2. Section 17(c) of the copyrights act 1957 lays down that the proprietor becomes the absolute owner in cases of the contract of service for
valuable consideration unless there is an agreement contrary to it.
The cinematograph film producer becomes the first owner of the copyright in case he commissions a composer of music, a lyricist, for reward
or for a consideration to compose music to be incorporated in the cinematograph film as the composer is employed under a contract of
service.
Appeal dismissed.

Discuss the facts and principles of law laid down in the case of American Home Products ... vs Mac Laboratories Private Limited ...
on 30 September, 1985
Equivalent citations: 1986 AIR 137, 1985 SCR Supl. (3) 264
Brief Facts:
American Home Products, one of the largest pharmaceutical concerns in the United States and a conglomerate that includes food and
household-product divisions, is often referred to as “Anonymous Home Products” or the “withdrawn corporate giant.” Though the company
markets such familiar products as Black Flag insecticides, Easy-Off over cleaner, Woolite, and Chef-Boy-Ar-Dee, as well as ethical and
proprietary drugs (including Anacin), the corporate name never appears on product labels. Public relations is considered such a low priority
that until recently switchboard operators answered the phone with the company phone number instead of the company name. And although
executives at American Home Products have made no effort (until recently) to influence Wall Street analysts, the company’s 32 consecutive
years of increased sales and earnings make AHP shares a very popular investment.

American Home Products Corporation (Appellant), was an American multi-national corporation dealing in the manufacture of
pharmaceuticals. Geoffrey Manners & Co. Ltd. (“the Indian Company”) was a company registered as a public limited company in Mumbai,
India.
Geoffrey Manners AND Company Limited is a Non-govt company, incorporated on 26 Oct, 1943. It's a public unlisted company and is
classified as company limited by shares. Company's authorized capital stands at Rs 500.0 lakhs and has 57.6% paid-up capital which is Rs
288.0 lakhs. Geoffrey Manners AND Company Limited is majorly in Manufacturing (Metals & Chemicals, and products thereof) business
from last 80 years and currently, company operations are active. Company is registered in Mumbai (Maharashtra) Registrar Office.
In 1956 the Appellant introduced ‘DRISTAN’ tablets in the American market and got the trade mark ‘DRISTAN’ registered in the United
States of America and in several other countries.
In 1956, Appellant acquired a 40% share in the Indian Company and introduced a respiratory drug called ‘DRISTAN’.
In 1957, Appellant entered into a technical collaboration agreement with the Indian Company, wherein the rights of a registered user would
be extended to the latter in respect of each product by the Appellant, including ‘DRISTAN’.
Thereafter, the Indian Company manufactured and marketed these products and got itself registered as the registered user in respect of the
trademarks relating to the goods of which the Appellant was the registered proprietor.
In 1958, the Appellant filed an application for registration of the trademark ‘DRISTAN’, claiming to be its proprietor and by whom the said
mark was filed on a proposed to be used basis.
The mark was registered in 1959.
Indian Company applied on September 23, 1960, to the Central Government under Section 11 of the Industries (Development and
Regulation) Act, 1951, for a licence to manufacture the tablets ‘DRISTAN’.
In 1960, Mac Laboratories Private Limited, the first Respondent, applied for registration of the trademark “TRISTINE’ for respiratory ailments.
In 1961, Appellant filed a notice of opposition to registration of the mark of the first Respondent. This opposition was rejected and the
trademark ‘TRISTINE’ was registered. On April 10, 1961, the first Respondent filed an Application for Rectification to remove the Appellant’s
trademark ‘DRISTAN’ from the Register of Trade Marks.
On October 22, 1961, the ‘DRISTAN’ tablets were first marketed in India by the Indian Company.
In 1962, the Appellant and the Indian company jointly applied to register the Indian Company as the registered user of the trademark
‘DRISTAN’.
The rectification proceeding filed by the first Respondent was dismissed in 1964. On appeal, the Learned Single Judge of the Calcutta High
Court set aside the order of the Registrar. The order of the Learned Single Judge was upheld by the Division Bench of the Calcutta High
Court.
Hence, the present Appeal was filed before the Supreme Court.
Important statutory provisions:
Section 18(1) of the Trade and Merchandise Marks Act, 1958 – Section 18(1) of the Trade and Merchandise Marks Act, 1958, stated
that “any person, claiming to be the proprietor of a trademark used or proposed to be used by him, shall apply in writing to the Registrar” for
registration of the trademark”.
Section 46(1)(a) of the Trade and Merchandise Marks Act, 1958 – Section 46(1)(a) provided for the removal of a registered trademark
from the Register if it is proven that the trademark was registered without any bona fide intention to use the same and there has, in fact, been
no bona fide use of that trade mark in relation to those goods by any proprietor thereof for the time being up to a date one month before the
date of the application under Section 46(1).
Section 46(1)(b) of the Trade and Merchandise Marks Act, 1958 – Section 46(1)(b) provided for the removal of a registered trademark
from the Register if it is proven that that up to a date one month before the date of the application for rectification, a continuous period of five
years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to
those goods by any proprietor.
Section 48 of the Trade and Merchandise Marks Act, 1958 – Section 48(1) stated that “a person other than the registered proprietor of a
trademark may be registered as the registered user”.
Section 48(2) stated that “The permitted use of a trade mark shall be deemed to be use by the proprietor thereof, and shall be deemed not to
be use by a person other than the proprietor, for the purposes of Section 46 or for any other purpose for which such use is material under
this Act or any other law”
Submissions of the Appellant:
• The legal fiction created by Sub-section (2) of Section 48 is for the purposes of Section 46 or for any other purpose for which such use is
material under the 1958 Act or any other law and applies to cases where the mark is proposed to be used. To confine this fiction to a case of
an actual use of a trade mark by a registered user is to confine it only to use for the purposes of Clause (b) of Section 46(1) which deals with
the period of non-use for five years and not with bona fide intention to use, which is contrary to the purpose to which the said fiction was
created and, therefore, when Section 18(1) of the 1958 Act uses the words “proposed to be used”, these words must be read as “proposed
to be used by a proposed registered user”.
• Thus, in Section 18(1) of the Act, the words “proposed to be used” must be read as “proposed to be used by a proposed registered user”.
• To register a trademark which is proposed to be used by a registered user, does not amount to trafficking in trademarks.
• The facts and circumstances of the case show that the Appellant had at the date of the making of the application for registration a bona fide
intention to use the trademark ‘DRISTAN’ through a registered user, i.e., the Indian company.
Submissions of the first Respondent:
• The words “proposed to be used” in Section 18(1) of the 1958 Act mean “proposed to be used by the applicant for registration, his servants
and agents” and not by any person who is proposed to be got registered as a registered user and, therefore, the legal fiction enacted in
Section 48(2) cannot be imported into Section 18(1).
• A registered user can only come into being after a trademark is registered. Therefore, at the date of an application for registration of a
trademark, there cannot be any person in existence who is a registered user, the words “proposed to be used” cannot possibly mean
“proposed to be used by a proposed registered user”.
• To permit a trademark to be registered when the applicant himself does not propose to use it but proposes to use it through someone else
who would subsequently be registered as a registered user would be to permit trafficking.
Observations of the Supreme Court:
To answer the rival contentions, the court looked at three questions:
• Whether the Appellant had any bona fide intention that the trademark ‘DRISTAN’ should be used in India in relation to the concerned
goods.
• If yes, whether this bona fide intention to use the mark will be restricted to the intention of the registered proprietor to use the mark only
through itself or will also cover cases, where the registered proprietor does not intend to use the mark by itself but through a registered user.
In other words, would the intention to use the mark through a registered user be bona fide intention to use the mark under Section 46(1)(a)
and consequently a ground for dismissal of rectification petition.
• Whether, ‘proposed to be used by him’ in Section 18(1) includes ‘proposed to be used by registered proprietor’.
The Court answered the first question in the affirmative. Rejecting the contention of the first Respondent, it stated that the continuous chain
of events in the case – from the collaboration agreement to the registration of the user – established that the Appellant had an intention to
use the trademark ‘DRISTAN’ in India.
When looking at the second and third questions, the Court rejected the argument of the first Respondent wherein it was stated that the
Appellant should have got the trademark registered with the intention that it will itself use it and to effectuate that intention, it should have set
up a factory and manufactured and marketed ‘DRISTAN’ and then either assigned the trademark to the Indian Company or got the Indian
Company registered as the registered user. The Hon’ble Court observed that, because of India’s foreign exchange policies, it is not possible
for a foreign company to establish its own industry in India without entering into collaborations. This collaboration was considered enough to
assign the trademark to the Indian Company or to make jointly with the Indian Company an application for registration would be to destroy
the Appellant’s proprietorship in that trademark.
The Hon’ble Court held that, the addition of the words ‘for the purposes of Section 46’ in Section 48(2) not only does not make any difference
but clarifies the scope of the legal fiction in Section 48(2) . As we have seen, Clause (a) of Section 46(1) refers both to ‘bona fide intention on
the part of the applicant for registration that it (that is, the trade mark) should be used in relation to those goods by him’ as also to ‘bona fide
use of the trade mark in relation to those goods by any proprietor thereof for the time being.’ It cannot possibly be that when Section
48(2)expressly provides that the permitted user of a trade mark by a registered user is to be deemed to be user by the proprietor of the trade
mark for the purposes of Section 46, the fiction is intended only to apply to the use of the trade mark referred to in the second condition of
Clause (a) of Section 46(1) and not to the use of that trade mark referred to in the first condition of the said Clause (a). Under Section 18(1),
an application for registration of a trade mark can only be made by a person who claims to be the proprietor of that trade mark. Therefore,
the words “applicant for registration” in Clause (a) of Section 46(1) would mean ‘the person claiming to be the proprietor of the trade mark
who is the applicant for registration of that trade mark’. The first condition of Clause (a) would, therefore, read ‘that the trade mark was
registered without any bona fide intention on the part of the person claiming to be the proprietor of that trade mark who has made the
application for registration that it should be used in relation to those goods by him’. So read, there can be no difficulty in reading the
words ‘by him’ also as ‘by a registered user’. Similarly, we see no difficulty in applying the legal fiction in Section 48(2) to Section
18(1). Section 18(1) in the light of the said legal fiction would read as ‘any person claiming to be the proprietor of a trade mark used
or proposed to be used by him or by a registered user’.
The Hon’ble Court also observed that “The purposes for which the fiction has been enacted in Section 48(2) are the purposes of Section 46
or for any other purpose for which such use is material under the 1958 Act or any other law. To confine the purpose only to a part of Section
46 would be to substantially cut down the operation of the legal fiction. The purpose for which the legal fiction is to be resorted to is to deem
the permitted use of a trade mark, which means the use of the trade mark by a registered user thereof, to be the use by the proprietor of that
trade mark. Having regard to the purposes for which the fiction in Section 48(2) was created and the persons between whom it is to be
resorted to, namely, the proprietor of the trade mark and the registered user thereof, and giving to such fiction its full effect and carrying it to
its logical conclusion, no other interpretation can be placed upon the relevant portions of Section 18(1) and of Clause (a) of Section 46(1)
than the one which we have given.”
The Hon’ble Court also that this should not be understood to mean that a person, who does not intend to use a trademark himself can get it
registered and when faced S. 46(1)(a) to have that trademark removed, turn round and say that he intended to use it through some person
who was proposed to be registered as a registered user. This would clearly amount to trafficking. To prevent this, it must be ascertained that
the proprietor of the trademark had in mind at the date of his application for registration, a ‘registered user’.
Hon’ble Court stated that the facts on record showed that only when it was decided to introduce ‘DRISTAN’ tablets in India through the Indian
Company, did the Appellant make its application to register the trademark. Therefore, in the absence of trafficking, this was a case of bona
fide intention.
The Appeal was allowed and the judgment of the Division Bench of the Calcutta High Court was reversed and the order set aside.

Describe elaborately the composition of Intellectual Property Appellate Board. Discuss the Powers and Procedure of the Board.
ESTABLISHMENT OF THE APPELLATE BOARD
According to section 83 of the Indian Trademarks Act, the Central Government shall, by notification in the Official Gazette, establish an
Appellate Board to be known as the Intellectual Property Appellate Board to exercise the jurisdiction, powers, and authority conferred on it by
or under this Act. The Intellectual property appellate board came into existence on 15th September 2003. Its headquarters is in Chennai and
has sittings in Chennai, Mumbai, Kolkata, and Ahmedabad.
PURPOSE OF THE APPELLATE BOARD
The Intellectual Property Appellate Board was constituted to hear appeals from the orders passed by the registrar under the Trademarks Act,
the Geographical Indications of Goods (Registration and Protection) Act, and from the decisions, orders or directions made by the Patent
Controller under the Patents Act. The power to appeal against the order passed by the patent controller under the Patents Act began from
the year 2007. The appeal against the patent controller before the high court was transferred to this appellate board after it’s the constitution.
IPAB shall continue such matter from the stage it was pending before the high court.
Some matters cannot be appealed before this board. It includes the orders passed by the Central Government of India in relation to the
invention for the defence purpose and the revocation of the patent in the light of public interest or orders related to atomic energy. The
extension of time granted by the Controller under the Patent Act cannot be appealed against.

COMPOSITION OF THE APPELLATE BOARD

Section 84 of the Trademarks Act, 1999 deals with the Composition of Appellate board. it consists –
1. Chairman
2. Vice-chairman
3. Other members as the central government may deem fit
4. One judicial member
5. One technical member
The Appellate Board constituted under the Trademarks Act consists of three types of members: the chairman, the vice-chairman, and other
members who are nothing but the technical and judicial members. The other members are appointed by the Central government as it deems
fit. Its powers and authority can be exercised by the benches. From time to time, a notification is sent out by the board which directs the
division of the subject matters between the benches. It consists of one technical and judicial member. The Central Government can appoint
other officers to assist the board in discharging its functions as it deems fit.
CHAIRMAN
A person cannot be appointed as the chairman unless he was or is the High Court judge or was a Vice-Chairman for a period of two years.
He is appointed for a period of five years or until he becomes 65 years old. He gets to decide whether a matter comes within the purview of a
bench or not. He has the option to act as the chairman of any other bench apart from the bench to which he is appointed. He can transfer
one member from one bench to another and authorize a member to act as a member of another bench along with the bench to which he is
appointed. When there is a difference of opinion among the members regarding a matter, they refer it to the chairman along with the points
on which they differ. The chairman deals with this situation in two ways. He either decides on the matter himself or he directs it to other
members. When it is directed to the other members, the decision with respect to the subject matter is by the majority. This is inclusive of the
members to which the matter is directed and the member who have initially heard the case. The other officers who are appointed by the
Central government work under the superintendence of the chairman.
When a person makes an application for the transfer of a case from one bench to another, it is the duty of the chairman to send a notice to
the other party and hear people at his discretion. The chairman also has the power to transfer a case from one bench to another on his own.
When a chairman dies or resigns, temporarily the vice-chairman acts as the chairman until a new chairman is appointed according to this act.
The senior-most member acts as the chairman when the vice-chairman is absent until a new chairman is appointed. When a chairman is
absent or ill, the vice-chairman of the senior-most member when the vice-chairman is absent acts as the chairman until he resumes to duty.
VICE-CHAIRMAN
A person is not appointed as the vice-chairman unless he has been a technical or a judicial member for a period of two years or was a
member of the Indian legal service and held a post not lesser than Grade I for a period of five years. He holds the office for a period of 5
years or until he attains the again of 65 years. He acts as a substitute in case of the death/ resignation or absence of the chairman.
OTHER MEMBERS
This includes technical and judicial members. A person cannot be appointed as a judicial member unless he has been a member of the
Indian legal service and held a post of Grade I for a period of three years or has held a post in the Civil judicial office for a period of 10 years.
A person cannot be appointed as a technical member unless he has been an advocate in any of the specialized trademark law for a period of
ten years or has discharged the functions of the tribunal under this act or Trade and Merchandised Act or both for a period of ten years along
with holding a post not less than a joint registrar for a period of five years.
The important point to note is that all the members i.e the chairman, vice-chairman, the judicial, and the technical members are appointed by
the president only after the consultation of the chief justice of India. The salaries, allowances, gratuity, pension, the terms and conditions of
the members are prescribed. When a person in the government service is appointed as the chairman or vice-chairman or technical or judicial
member, he shall be deemed to have retired on such an appointment.
RESIGNATION OR REMOVAL OF THE MEMBERS
The members of the appellate board/bench can resign by giving notice to the President and he shall be deemed to have vacated the office
after the expiry of three months from the sending of the notice. The member can vacate the office before the expiry of the said period if the
President allows it or if a new person is appointed to fill the post. None of them can be removed before the expiry of their term except by an
order of the President on the basis of proved misbehaviour or incapacity by a judge of the Supreme Court. This must be done only after
informing the member of the charges against him and providing him with a reasonable opportunity of being heard.
FUNCTIONS OF THE APPELLATE BOARD
When a person is aggrieved by the order of the registrar, he shall file an appeal within three months of the passing of the order before the
board.
The board can hear cases after the expiry of the said period if there is sufficient and reasonable cause for not being able to file for an appeal
before the specified time.
The appeal must be filed in the prescribed form and manner along with a copy of the order against which the appeal is filed.
An application can be filed for the rectification of the register under sec 57 of the Act and when the board passes an order regarding this, the
certified copy of the order is communicated to the registrar.
The registrar gives effect to the order by amending or rectifying the contents in the register.
POWERS OF THE APPELLATE BOARD
The board is not bound by the rules of the civil procedure code. It is bound by the principles of natural justice and has the power to regulate
its own procedure like deciding the time and place of the meeting. It shall have the same power like that of a court trying a suit under the civil
procedure code like receiving evidence, examining the witness, requisitioning any public record etc. The proceeding before this board is
deemed to be a judicial proceeding and the board is considered to a civil court. After the constitution of this board, no other court has the
jurisdiction to try cases that come under the purview of this board. No interim order can be passed by the court unless the copy of the order
against which appeal is initiated and the documents in support of the claim for the interim order is provided.
The registrar has the right to appear in a legal proceeding where the issue is regarding the amendment or rectification of the register. The
registrar also has the right to appear in a proceeding in relation to the rejection or amendment of the application of the registration of the
trademark. The registrar will appear also if he is directed by the Board. The registrar can also provide a written statement with particulars in
support of his contention which will be regarded as evidence. A trademark can be removed from the register on the application made to the
registrar or the appellate board.
CONCLUSION
After the constitution of the Intellectual Property Appellate Board, they have exclusive jurisdiction over the above-discussed matter.
Every case of the above-mentioned nature stand transferred pending before any court is transferred to this appellate board after its
constitution.
It decides cases only after giving a reasonable opportunity to both the parties as it follows the principles of natural justice and the certified
order copy is forwarded to both the parties including the registrar.
On ceasing to hold office, the Chairman, Vice-Chairman or other Members shall not appear before the Appellate Board or the Registrar.

Alternative answer
Intellectual Property Appellate Board (Section 83 to 100)
Establishment of Intellectual Property Appellate Board (to be referred as Appellate Board hereinafter) under Trademarks Act, 1999 is a novel
experiment for effective management and enforcement of trademark law in India. The Intellectual property appellate board came into
existence on 15th September 2003. Its headquarters is in Chennai and has sittings in Chennai, Mumbai, Kolkata, and Ahmedabad.
The Appellate Board is empowered with necessary powers as quasi-judicial body with objective to speedy disposal of disputed issues
relating to registration, and lessen the burden of regular Civil Courts. It has been composed and empowered on the lines of Tribunals like,
Income-Tax Appellate Tribunal and Customs, Excise & Gold (Control) Appellate Tribunal (CEGAT). The Intellectual Property Appellate
Board (IPAB) exercises jurisdiction over trademarks, patents and geographical indications.

91. Appeals to High Court.—

(1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the
High Court within three months from the date on which the order or decision sought to be appealed against is communicated to such person
preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1): Provided that an appeal may be
admitted after the expiry of the period specified therefore, if the appellant satisfies the High Court that he had sufficient cause for not
preferring the appeal within the specified period.
(3) An appeal to the High Court shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a
copy of the order or decision appealed against and by such fees as may be prescribed.
94. Bar to appear before Registrar.—
On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.
97. Procedure for application for rectification, etc., before High Court.—
(1) An application for rectification of the register made to the High Court under section 57 shall be in such form as may be prescribed.
(2) A certified copy of every order or judgment of the High Court relating to a registered trade mark under this Act shall be communicated to
the Registrar by the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or
rectify, the register in accordance with such order.
98. Appearance of Registrar in legal proceedings.—
(1) The Registrar shall have the right to appear and be heard—
(a) in any legal proceedings before the High Court in which the relief sought includes alteration or rectification of the register or in which any
question relating to the practice of the Trade Marks Registry is raised;
(b) in any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark— (i) which is not opposed,
and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or
limitations, or
(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall
appear in any case if so directed by the Board.
(2) Unless the High Court otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such
particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him
affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as
Registrar, and such statement shall be evidence in the proceeding.
Composition of Appellate Board (Sections 84 to 86)
The Appellate Board shall consist of Chairman, Vice-Chairman and such other members as the Central Government may deem fit. Only a
person who is or has been a Judge of a High Court or who has held office of Vice-Chairman for two years shall be qualified for appointment
as Chairman. For the post of Vice-Chairman, the person must have held the office of a judicial member or technical member for at least two
years or has been a member of Indian Legal Services for at least five years. The Chairman, Vice-Chairman and other members shall be
appointed by the President of India after consultation with the Chief Justice of India. The term of the office of Chairman, Vice-Chairman and
other members will be five years or the attainment of 65 years for Chairman and Vice-Chairman and 62 years for members, whichever is
earlier.
Procedure and Powers of Appellate Board (Section 92)
The Intellectual Property Appellate Board (IPAB) was constituted on September 15, 2003 by the Indian Government to hear and resolve the
appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods
(Registration and Protection) Act, 1999.
Since April 2, 2007, IPAB has been authorized to hear and adjudicate upon the appeals from most of the decisions, orders or directions
made by the Patent Controller under the Patents Act. Therefore all pending appeals of Indian High Courts under the Patents Act were
transferred to IPAB.
The headquarter of the IPAB is located in Chennai. IPAB also has sittings at Chennai, Delhi, Kolkata and Ahmedabad.
In IPAB an appeal can be made against the decision of the Controller or Central Government of India in matters related to refusal of
application for failure to comply with the requirements of the Act; orders related to divisional application; orders related to dating of
application; decisions related to anticipation; decisions and cases of potential infringement; orders regarding substitution of applicants;
revocation of patents in public interest; correction of clerical errors, etc.
But, the orders passed by the Central Government of India with respect to inventions related to defense purposes, including directions of
secrecy in respect of such inventions, revocation if the patent is contrary or prejudicial to public interest, or related to atomic energy, are
exempted from the ambit of appeal to IPAB. Also an order of the Controller, granting an extension of time under any provision of the Patent
Act 1970 is also not appealable.
Organization of an IPAB Bench: Each Bench of the IPAB includes a Judicial Member and a Technical Member. The qualifications for
appointment as a technical member of the IPAB are mentioned in The Trade Marks Act and the Patents Act.
Jurisdiction: Appeals from the decision of the Controller to the IPAB must be made within three months from the date of the decision/ order
or direction, according to the, or within such further time as the IPAB permits, with the appropriate fees.
An extension is available for filing the appeal by way of a Condonation of Delay (COD) petition. The pre-requisite for filing COD is that there
must be genuine reasons of delay, along with the prescribed official fees.
The IPAB has appellate jurisdiction against the decision of the Controller or Central Government of India in following matters:
 Any decisions related to inventor names
 Any directions given to co-owners of the patent
 Any decisions related to Patent of Addition
 Any orders relating to divisional application
 Any orders relating to dating of application
 Refusal of application for failure to comply with any provisions of the Act
 Any decisions relating to anticipation
 Any decisions and cases of potential infringement.
 In respect to a correction of clerical errors.
 Any decisions related to compulsory license of a patent.
 Any decisions related to revocation of patent for non-working.
 Any decisions relating to substitution of applicants.
 Any decision in respect to any amendment/revocation of patent.
 Any decisions related to amendment of application and specification.
 Any decisions related to restoration of lapsed patents.
 Any decisions related to surrender of patents.
 In respect to revocation of patents to satisfy public interest.
 In respect to any registration of patent assignments.
Exclusive Jurisdiction: The Appellate Board can receive, hear and dispose all appeals from any order or decision of the Controller and all
cases related to the revocation of a patent, rectification of register; other than through a counter-claim in a suit for infringement. IPAB has the
authority to proceed with the matter either de novo or from the stage at which it was transferred on appeal. The jurisdiction to hear patent
infringement cases continues with the High Courts.
The IPAB is the sole authority to exercise the powers and adjudicate proceedings arising from an appeal against an order or decision of the
Controller.
In case of a counter-claim in a suit for infringement, the competent authority to adjudicate on the matter is the Indian High Court.
The Intellectual Property Appellate Board established vide section 83 of the Trade Marks Act, 1999 stands dissolved with effect
from 04th April, 2021.

Give a brief introduction on the Intellectual Property and its Rights.

Creation, enjoyment and accumulation of ‘property’ has been a central activity of human life.
Property is that which belongs to a person exclusively of others and can be subject to bargain and sale.

Property can be tangible items, such as houses, cars, or appliances, or it can refer to intangible items that carry the promise of future worth,
such as stock and bond certificates.
Intellectual Property refers to:
 Inventions,
 Innovative designs,
 Products of human creativity,
 Identifiers of organizations or their products and services or
 Unique products that have a geographical attribute.
As per Oxford Dictionary: An Intellectual Property is an intangible property that is the result of creativity.
According to World Intellectual Property Organization (WIPO), the global forum for intellectual property, 'Intellectual Property (IP) refers to the
creations of mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce'.

The Intellectual Property Rights (IPR) are the legal rights that are conferred as an exclusive right, to the creator or the inventor in order to,
protect his invention or creation for a period of time.
Originally, only patent, copyrights and trademarks of industrial design were protected under the IPR but, now it has a much wider meaning.
IPR enhances technological advancement as it’s a mechanism of handling piracy, unauthorized use and infringement.
It gives protection to the trade secrets and undisclosed information which, are important factors in the industries and the R & D institutions.
The Drugs and Pharmaceuticals are the match that requires to have a strong IP system as inventing new drugs comes with all associated
risks at the developmental stage. Here, competition is driven by the scientific knowledge concepts rather than manufacturing know-how.
The Intellectual Property Rights are the non-fundamental Human Rights which, are open to state interference to fulfil the obligations of the
Human Rights.
The evolution of the IPR consists of all statutorily recognised rights.
The globalization of the Intellectual Property Rights has triggered the debate on the evaluation of the relationship between them and the
Human Rights.
According to the IPR, the traditional knowledge is considered to be a huge part of the public regime/domain since, they don’t meet the criteria
for the protection and security or the private ownership.
The holders or owners/creators of the IPR have the ensured monopoly, on the usage of their item, property or research, for a specified
particular amount of time.
The Intellectual property rights are important to promote and stimulate research and development.
This is to ensure the rights of the individuals and organisations, the protection of their innovative ideas and research and so, they can reap
the benefits of their hard work as it is extremely important, for the growth and development of humanity by, efforts of individuals.
The IP empowers enterprises, individuals or other institutes, to exclude others from having the right or using their name without the
permission, with their creations/innovations.
Thus, it gives the investors, a reasonable reason to return their investment, in the field of research and development.
It encourages the disclosure, publication and distribution of the innovative creators, to open their discovery or creation to the public rather,
then keeping it as a secret.
What are the various kinds of property ? Describe them in brief.
There are various types of properties under the law which are categorised as:
1. Movable Property
Movable property can be moved from one place to another without causing any damage. These are the legislations which define movable
property.
 Section 2(9) of the Registration Act, 1908- “Movable property” includes standing timber, growing crops and grass, fruit upon and
juice in trees, and property of every other description, except immovable property."
 Section 22 of India Penal Code, 1860- “Movable property” are intended to include corporeal property of every description, except
land and things attached to the earth or permanently fastened to anything which is attached to the earth.”
 Section 3(36) of the General Clause Act, 1897- “Movable property” shall mean the property of every description, except
immovable property.”
2. Immovable Property
Immovable property is one that cannot be moved from one place to another place. This is the property which is attached to the earth or
ground.
 Section 2(6) of the Registration act, 1908 states that an “Immovable property means and includes land, buildings, hereditary
allowances, rights to ways, lights, ferries, fisheries, or any other benefit to arise out of the land, and things attached to the earth or
permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.”
 This property of a value of more than Rs. 100/- is needed to be registered for which a registration fee and stamp duty are to be
paid.
 This property can be considered an ancestral joint property.
3. Tangible Property
Tangible property has a physical existence and can be touched. This type of property can be moved from one place to other, without causing
any damage, from this, we can say that this property is movable in nature.
Examples: cars or other vehicles, books, timber, electronic devices, furniture, etc.
4. Intangible Property
Intangible property does not have any physical existence. These are properties with current or potential value, but no intrinsic value of their
own & cannot be touched or felt but holds value.
Examples include intellectual property like copyright, patent or GI, stock and bond certificates. Franchises, securities, software & many more.
5. Public Property
Public property, as we can easily predict, means the property owned by the State for the Indian citizens. It belongs to the public with no claim
from an individual. The government or any assigned community generally manages these properties for public utility.
A few common examples can be Government hospitals, parks, public toilets, etc.
6. Private Property
As the name suggests, private property permits a non-government body to own the property. It is property owned by a juristic person for their
personal use or benefit which can be of any nature tangible or intangible, movable or immovable.
Common Examples include apartments, securities, trademarks, private wells, etc.
7. Personal Property
The personal property acts like an umbrella which includes all types of property. Individuals own this kind of property, be it either tangible or
intangible.
8. Real Property
Real property, also called real estate property, includes land and any development made on such land. This kind of property is covered in
immovable property. But why is this covered in immovable property? See, for example, roads, mines, buildings, factory, crops, etc, which is
created by development, are all fixed with the land. This is immovable property, + any development on it, a further deliberation of immovable
property is a real property.
Other examples: Building (attached to the earth) using materials like cement, steel, mines, crops, etc.
9. Corporeal Property
Don’t get confused here. Corporeal property is any tangible property that can be touched and felt, If this is similar to tangible property, then
why a separate type of corporeal property came into existence? This is a tangible property but it is mainly the right of ownership in material
things of such property. All kinds of tangible property can be considered corporeal property. it can be divided into two categories:
movable and immovable property and personal and real property as it is ownership rights.
10. Incorporeal Property
Incorporeal property means all kinds of intangible property. Again, then why such a category is brought up? This type of property is
also called intellectual property. It is an incorporeal right, meaning having legal rights over things that cannot be touched or felt.
What Is the Difference Between a Patent, Copyright, and Trademark?
 A patent is a property right issued by a government authority allowing the holder exclusive rights to the invention for a certain
period of time. There are three types of patents: utility patents, plant patents, and design patents.
 A trademark is a brand, logo, word, symbol, design, or phrase that denotes a specific product and differentiates it from similar
products.
 Copyrights protect “original works of authorship,” such as writings, art, architecture, and music.
By granting the right to produce a product without fear of competition for the duration of the patent, an incentive is provided for companies or
individuals to continue developing innovative new products or services.
Unlike patents, a trademark protects words and design elements that identify the source of a product. Brand names and corporate logos are
primary examples. A service mark is similar, except that it safeguards the provider of a service instead of a tangible good. The term
“trademark” is often used in reference to both designations.
Some examples of trademark infringement are fairly straightforward. You’ll probably run into trouble if you try to bottle a beverage and call it
Coca-Cola or even use the famous wave from its logo since both have been protected for decades.
However, a trademark actually goes a bit further, prohibiting any marks that have a “likelihood of confusion” with an existing one. Therefore,
a business can’t use a symbol or brand name if it looks similar, sounds similar, or has a similar meaning to one that’s already on the books,
at least if the products or services are related. If the trademark holder believes there’s a violation of these rights, it may decide to sue.
Copyrights protect “original works of authorship,” such as writings, art, architecture, and music. For as long as the copyright is in effect, the
copyright owner has the sole right to display, share, perform, or license the material.8
One notable exception is the “fair use” doctrine, which allows some degree of distribution of copyrighted material for scholarly, educational,
or news-reporting purposes.
Technically, you don’t have to file for a copyright to have the piece of work protected. It’s considered yours once your ideas are translated
into a tangible form, such as a book, music, or published research; however, officially registering with the Copyright Office before—or within
five years of—publishing your work makes it a lot easier to establish that you were the original author if you ever have to go to court.
The duration of a copyright depends on the year it was created, as the laws have changed over the years. Since 1978, most compositions
have been copyright-protected for 70 years after the author’s death. After that time, individual works enter the public domain and can be
reproduced by anyone without permission.
As a general rule, the author retains ownership of copyright privileges, even if the material is published by another company. There is an
important exception to this rule, though.
Materials you create for your employer as part of your job requirements, for example, contributions to a podcast the company publishes, are
usually considered "works for hire." The employer, not you, retains the copyright. If there’s a gray area, you can try to negotiate with the
publisher over copyright ownership prior to creating the piece; just be sure to get it in writing.
Basic requirements of design registration
In order for the design to be registered and protected under the Design Act, 2000, it needs to fulfil the following essential elements.
Novelty aspect
Novelty means newness. If a product’s design has a novelty aspect then only it can be registered. A combination of registered designs can
also be considered, only if that combination produces new visuals.
No prior publication of design and the design must be unique
The design should be unique in nature and should not be disclosed to the public anywhere in India or somewhere else in the world by way of
use or prior publication or in any other way.
Making application of design to an article
The design should be applied to the article itself. Without an article, registration of a design is not possible.
Design should not be contrary to public order, morality or security of India
The design should not be prohibited by the Government or any authorized institution. It must be capable of registration under section 5 of the
Design Act, 2000. The design which is against public morality or against the sentiments of people may not be allowed to get registered.
Documents required for design registration
Following are the documents required to register a document in India:
 Name and detailed address of the applicant
 Nature/legal status of the applicant i.e. whether the applicant is a natural person or company etc.
 For start-ups, the applicant should provide a certificate of registration.
 The applicant is also required to file the description of the ‘article’ along with the identification of the class as per the classification.
 Minimum 4 images/drawings of the article from every angle is to be filed along with the application.
Steps involved in design registration under the Design Act, 2000
Prior art work
The applicant will conduct a search and find out whether any similar design has been previously registered or not . There are
various databases paid as well as unpaid to help the applicant for search such as–IP India’s online public design search platform and
WIPO’S Global design database. If the applicant is unable to find the number of a similar design, then Form no – 7 is filed along with
Rs.1000.
Representation and classification of designs
The applicant needs to recognize the exact class of design from the Locarno classification based on the function of the article.
And a representation/diagram should be prepared on white A4 size white paper and must indicate the details of the design and
applicant clearly. If the applicant does not prepare it in A4 size then the portal won’t accept it and can delay the application. Applicant’s
details would be the name, address, and name of the article on which design has been applied. If the applicant is a foreigner, then he/she
shall require to give an address for services in India.
Statement of novelty
Statement of Novelty is the most important point of an application. It will be stated below the representation sheet. This will enable a
speedier examination of the design and registration process. According to the given below statement of novelty, the applicant can draft this
statement:-
“The novelty resides in the shape and configuration of the ‘XYZ design’ as illustrated.”
Disclaimer
Often the design of the article is confused with a trademark. Thus, disclaimer becomes essential to convey that under this registration, no
claim of use is made to any trademark. Also, it is essential to specify if there are any powers of attorney. Following is the sample draft of the
disclaimer:-
“No claim is made by virtue of this registration to any right to the exclusive use of the words, letters, nor of trademarks appearing in the
representation.”
Claim a priority date
If the application is made in conventional countries or countries in which are members of the intergovernmental organizations, then in that
case, the applicant can claim a priority date in India. This shall be the date of filing the application in any such country (provided application
must be made within 6 months in India.)
Payment of fees
Payment of fees can be done by cheque or draft payable at Kolkata head office or in cash. The application fee for registration is Rs. 1000
and Rs. 2000 for renewal.
Other initial processing of application
At this stage, an applicant has allotted a registration number when an application is filed with all related documents and fees attached
therewith. The application can be filed either at the Design Office, Kolkata or any of its branches in Delhi, Mumbai or Chennai. Then a
substantive examination is conducted by the examination officer and the report is presented within 2 months.
Facing objections
If an applicant receives any formal objections, then the applicant is given an opportunity to amend those objections by filing a written
response. If the examination officer is not satisfied with the written reply, then an opportunity for a hearing will be given. If the applicant still
fails, the design is declared non-registrable. All this is done within 6 months from the date of filing.
Final stage of registration and publication
If all stages are cleared by the applicant, then the application will be registered and published in the patent’s office and a certificate of
registration will be issued. Registration of design will be valid for a period of 10 years and can be renewed for another 5 years. All this
process will be completed within 8 to 12 months.
Graphical representation of entire registration process of design application

Describe the process of Design Registration.

Essential requirements
Under the Design Act, 2000 for a design to be registered and protected under the Act, the following are essential requirements that need to
be fulfilled:
 A design should be Original and new design. This means that it should not have been used or published previously in any country
before the date of application of registration.
 A design should be significantly distinguishable from known designs or a combination of known designs
 A design should not comprise or contain scandalous or obscure matter
 A design should not be a mere mechanical contrivance
 A design should be applied to an article and should appeal to the eye
 A design should not be contrary to public order or morality

Eligibility Criteria
 Any person or the legal representative or the assignee can apply separately or jointly for the registration
 The term “person” includes firm, partnership, small entity, and a body corporate.
 In the case of an NRI, his agent or legal representative need to apply for Design Registration

Documents Required for Design Registration

The following documents are to be submitted to get design registration:
 A certified copy of the original or certified copies of extracts from the disclaimer
 Affidavits
 Declaration
 Other public documents can be made available on payment of a fee.
The affidavit should be in paragraph form and should contain a declaration of truth and verifiability. However, the controller may regulate the
cost involved in design registration according to the fourth schedule.
Process for Design Registration
The first thing to be noted is that the application to register a design may be applied to five different authorities:
 Controller Designs Patent Office in Kolkata
 The patent office in Delhi
 The patent office in Ahmedabad
 Patent Office in Mumbai
 The patent office in Chennai
The application for design registration must be filed with Form-1 along with the following details:
 Name of applicant
 Address of the applicant
 Nationality of the applicant
 In the case of a company, information regarding the place of incorporation and the legal status of the entity
 The required fee applicable
 The class and the sub-class of the article under the Locarno Classification, of the article embodying the design. The Locarno
Classification, established by the Locarno Agreement (1968), is an international classification used for the purposes of the
registration of industrial designs.
 The name of the article to which the design is applied upon
 Representation of the design
o In the case where the design is two-dimensional, two copies of the design are to be submitted.
 o In the case where the design is three-dimensional, two copies of the design from the viewpoint of the front, back, top,
bottom, and the two sides must be submitted.
o Further, the applicant must also highlight the unique features of the design that sets it apart from any other existing
designs.
If the application is to register the design in more than one class, each class of registration must have a separate application.
 Statement of disclaimer or novelty must be attached to each representation with respect to mechanical processes, trademark,
numbers, letters, etc. it should also be endorsed and duly signed and dated on each representation by the applicant or the
authorized person on behalf of the applicant.