Q1.

State the importance of Intellectual Property Rights in

the present scenario. What  significance does intellectual
property generate for the companies?

Ans: In the modern world,  intellectual property rights have a significant

influence on international trade and indigenous trade of every nation. With the
advent of digitalization, there are high chances of creative ideas being stolen by
any third party, without any prior permission.

The importance of  intellectual property protection fluctuates in a different part of

the world. Almost every country which depends on international trade is taking
strong measures to protect their intellectual property rights.  Strong IP laws make
a huge contribution to both the overall economy of the country and their
respective state.

Unlike any tangible assets which can be locked in, fenced in or nailed down, 
intangible assets, in contrast, are always publicly available and can be easily
copied or imitate by anyone. Though, in a few cases, self-protection is possible by
intermingling tangible assets with intellectual property.

Intellectual Property rights have added the intrinsic value to all kinds of products,
as unique creation and ideas are becoming a more and more important aspect of
any business. Nowadays, illegal use of unique ideas generated by other person
has become one of the most common crimes these days. However, there are many
businesses which still fail to realize the IP value and risks associated with it, even
when an IP asset reckons for the high percentage of the company’s value. Thus,
not taking any punitive measure for IP protection could be detrimental to the
overall growth of the business.

Intellectual Property is a general term used for a set of intangible assets owned by
any individual person or company. An IP asset aims to offer the same protective
rights as any other physical property, because of its ability to provide companies
with the same competitive advantages. It has now become even more important
in a web-based environment, as doing replication of any unique design, logo, or
feature is comparatively easier than ever before.

Advantages Of Securing The Intellectual Property Rights Are As Follows:

1) TURN THE INNOVATIVE IDEAS INTO PROFIT

Ideas on their own have little value or no value. IP has great untapped potential to
turn your ideas into commercially successful goods and services.  Registering your
patients and copyright can result in a steady stream of royalty and extra revenue,
which can improve the overall business bottom line.

2)MARKETING OF BUSINESS GOODS AND SERVICES

Intellectual Property is crucial for creating a unique identity for the business. It
helps to differentiate the goods and services of one company from the other in
the market and to easily promote them to the target customers.

3)ACCESS OR RAISE FINANCE FOR THE BUSINESS

A person can monetize the IP assets through sale, licensing or can use them as
collateral for debt financing. Furthermore, IP registration is also very useful to
apply for government or public funding, loans and subsidies.

4)IMPROVE THE EXPORT OPPORTUNITIES FOR THE BUSINESS

Intellectual Property also increases the competitiveness of a business in the
export market. An IP right holder can use these brands or designs for marketing
the goods and services in foreign countries and can seek franchising agreement
with the overseas firm, or export the patented goods.

5)TO SECURE THE UNIQUE IDEAS AND CREATION

When any person has a unique idea or creation, there will always be people who
will try to replicate that idea or creation for monetary gains.  Hence, it is crucial to
secure the IP assets before they are illegally infringed by any third party. IP
protection can be taken for all kind and size of business.  So, after analyzing the
business need and circumstances, a person can decide which Intellectual Property
Protection (trademark, copyright, or patent registration), can be used for covering
different areas of Intellectual Properties

6)ACCELERATES THE BUSINESS GROWTH

It is very crucial for small size business to shield their unique products or services,
which can be used by the competitors for taking away the market share, resulting
in steady growth and sales. Losing a market share in the initial stage in a business
can be hazardous to its business health in the long-term.

.Intellectual property helps in developing and maintaining company's long term

revenue streams and increase shareholder's value. IP also helps companies to
protect technology innovations and gain competitive advantage.

in today's competitive environment, innovation is the mainstay for every business

that leads to development of intellectual property. Identifying, developing, and
leveraging innovation provides competitive edge and aids in long term success of
the company. Intellectual property is not limited to technology companies, but is
valuable for every business which invests huge sums in research and development
for creating indigenous products and services.
A company should be proactive in implementing IP solutions to identify novel
innovations and increase revenues. A well-defined IP goal can result in achieving
business objectives and help position the business as a leader in the marketplace.
With growth in business revenues, the IP strategy can include protecting the
unique aspects of the assets and foster innovations to explore new geographies.
This can be achieved through licensing or joint ventures to create novel solutions
that satisfy the the unmet needs in the market.

Q 2. Trade Marks law does not only protect the trademarks of
companies but also protects the interest of consumers.
Explain the purpose of Trademark law.

Ans: Everyone deals with trademarks on a daily basis. “Trademark” is another

way of referring to brands.

Consumers’ purchasing decisions are influenced by trademarks and the

reputation such brands represent. It is important for business people to have an
understanding of why trademarks are important assets and help grow their
business. Here are the seven top reasons of why trademarks are important to
your business.

1. Trademarks are an effective communication tool. In a single brand or logo,

trademarks can convey intellectual and emotional attributes and messages about
you, your company, and your company’s reputation, products and services.

Your trademark doesn’t need to be a word. Designs can be recognized regardless

of language or alphabet. The Nike “Swoosh” design is recognized globally,
regardless of whether the native language is Swahili, Chinese, Spanish, Russian,
Arabic or English.
2. Trademarks make it easy for customers to find you. The marketplace is
crowded and it’s hard to distinguish your business from your competitors.
Trademarks/brands are an efficient commercial communication tool to capture
customer attention and make your business, products and services stand out.

Customers viewing a trademark immediately know who they are dealing with, the
reputation of your business and are less likely to look for alternatives. Your brand
could be the critical factor in driving a customer’s purchase decision.

3. Trademarks allow businesses to effectively utilize the Internet and social media.
Your brand is the first thing customers enter into a search engine or social media
platform (Facebook, Twitter, Pinterest) when looking for your products and
services.

Higher traffic on a website or social media platform translates into higher

rankings, bringing even more traffic, more customers and more brand
recognition.

4. Trademarks are a valuable asset. Trademarks can appreciate in value over time.
The more your business reputation grows, the more valuable your brand will be.

Trademarks provide value beyond your core business. Trademarks  can lead the
way for expansion from one industry to another, such as from personal care to
clothing or eye ware. If you desire it, your trademark can lead to the acquisition of
your business by a larger corporation.

Trademarks are a property asset, similar to real estate, that can be bought,
sold, licensed (like renting or leasing) or used as a security interest to secure a
loan to grow your business.  

5. Trademarks can make hiring easier. Brands can inspire positive feelings in
people’s minds. As a result, employment opportunities are more attractive to
candidates. Employee retention can be higher if employees have positive feelings
for the brand and the products and services offered.

6. Trademarks are a bargain to obtain. The United States Patent and Trademark
Office charges as little as $275 to obtain trademark registration, only a few
hundred dollars after five years and another few hundred dollars every ten years.
7. Trademarks never expire. Your trademark will not expire as long as you are
using it in United States commerce. Some of the most recognized brands in the
United States today have been around for over a hundred years. Mercedes was
first registered in 1900. Pepsi-Cola was registered in 1896.

Brands are a critical asset. Do your due diligence before investing a lot of time and
money in launching a new brand. Be sure the brand fits your company. Obtain a
clearance search to make sure your new brand is available and doesn't infringe on
anyone’s prior rights.

Failing to research a brand before adopting can lead to denial of registration by

the USPTO or, worse, a cease and desist letter from another brand owner.
Spending the time and money up front to determine whether a brand is available
will help avoid the very high costs of a dispute or litigation.

Keep in mind that the more you differentiate your brand from others in your
industry, the easier it'll be to protect. Choose a name and logo that distinctly
identify your business and will protect it from competitors.

 Q3. The owner of copyright can own the copyright

even without registration. Can an owner transfer his
copyrights to others? Explain with examples. 

Ans: copyrights are generally owned by the people who create the works of
expression, with some important exceptions:

 If a work is created by an employee in the course of his or her employment,

the employer owns the copyright.
 If the work is created by an independent contractor and the independent
contractor signs a written agreement stating that the work shall be “made
for hire,” the commissioning person or organization owns the copyright
only if the work is (1) a part of a larger literary work, such as an article in a
magazine or a poem or story in an anthology; (2) part of a motion picture or
other audiovisual work, such as a screenplay; (3) a translation; (4) a
 supplementary work such as an afterword, an introduction, chart, editorial
note, bibliography, appendix or index; (5) a compilation; (6) an instructional
text; (7) a test or answer material for a test; or (8) an atlas. Works that
don’t fall within one of these eight categories constitute works made for
hire only if created by an employee within the scope of his or her
employment.
 If the creator has sold the entire copyright, the purchasing business or
person becomes the copyright owner.

Who owns the copyright in a joint work

When two or more authors prepare a work with the intent to combine their
contributions into inseparable or interdependent parts, the work is considered
joint work and the authors are considered joint copyright owners. The most
common example of a joint work is when a book or article has two or more
authors. However, if a book is written primarily by one author, but another author
contributes a specific chapter to the book and is given credit for that chapter,
then this probably wouldn’t be a joint work because the contributions aren’t
inseparable or interdependent.

The U.S. Copyright Office considers joint copyright owners to have an equal right
to register and enforce the copyright. Unless the joint owners make a written
agreement to the contrary, each copyright owner has the right to commercially
exploit the copyright, provided that the other copyright owners get an equal
share of the proceeds.

Can two or more authors provide contributions to a single work without being
considered joint authors for copyright purposes

Yes. If at the time of creation, the authors did not intend their works to be part of
an inseparable whole, the fact that their works are later put together does not
create a joint work. Rather, the result is considered a collective work. In this case,
each author owns a copyright in only the material he or she added to the finished
product. For example, in the 1980s, Vladimir writes a famous novel full of
complex literary allusions. In 2018, his publisher issues a student edition of the
work with detailed annotations written by an English professor. The student
edition is a collective work. Vladimir owns the copyright in the novel, but the
professor owns the annotations.
What rights do copyright owners have under the Copyright Act

Copyright grants a number of exclusive rights to copyright owners, including:

 reproduction right — the right to make copies of a protected work

 distribution right — the right to sell or otherwise distribute copies to the
public
 right to create adaptations (called derivative works) — the right to prepare
new works based on the protected work, and
 performance and display rights — the rights to perform a protected work
(such as a stage play) or to display a work in public. This bundle of rights
allows a copyright owner to be flexible when deciding how to realize a
commercial gain from the underlying work; the owner may sell or license
any of the rights.

Can a copyright owner transfer some or all of his specific rights.

Yes. When a copyright owner wishes to commercially exploit the work covered by
the copyright, the owner typically transfers one or more of these rights to the
person or entity who will be responsible for getting the work to markets, such as a
book or software publisher. It is also common for the copyright owner to place
some limitations on the exclusive rights being transferred. For example, the
owner may limit the transfer to a specific period of time, allow the right to be
exercised only in a specific part of the country or world, or require that the right is
exercised only through certain media, such as hardcover books, audiotapes,
magazines or computers.

If a copyright owner transfers all of the rights unconditionally (and retains

nothing), it is generally termed an “assignment.” When only some of the rights
associated with the copyright are transferred, it is known as a “license.” An
exclusive license exists when the transferred rights can be exercised only by the
owner of the license (the licensee), and no one else — including the person who
granted the license (the licensor). If the license allows others (including the
licensor) to exercise the same rights being transferred in the license, the license is
said to be non-exclusive.
Transfers of copyright ownership are unique in one respect. Authors or their heirs
have the right to terminate any transfer of copyright ownership 35 to 40 years
after it is made.

Q4. What are the requirements that need to be fulfilled

to grant a patent? Explain the process from patent
search till the grant of patent. 

Ans: Patent applications must satisfy the following three the

requirements that need to be fulfilled to grant a patent

 Novelty

This means that your invention must not have been made public –
not even by yourself – before the date of the application.

 Inventive step

This means that your product or process must be an inventive

solution. It cannot be a solution that would be obvious to a
manufacturer. Take the example of a different attachment method.
Instead of welding the tubes of a swing together, they might be
screwed together. This may well be a new method of making
swings. But for someone involved in making them, it is too obvious a
solution to be called an inventive step.

 Industrial applicability
 This criterion implies that it must be possible to actually
manufacture the new invention. In other words, you can apply for a
patent on a new kind of playing card that is easier to hold than
existing cards. But you can’t obtain a patent for an idea for a new
card game.

These rules are laid down in the Patents Act 1995.

The procedure for obtaining a patent in India starts even before a patent
application is filed with the patent office in India.

tep 1 – Check the Patentability of the invention by performing a

search for similar technologies

Before filing a patent application in India or in any other country, the first
step (optional but recommended) in the patent registration process is to
perform a detailed patentability search to determine the chances of
getting a patent. The search should ideally be performed for both patent
and non-patent references.

The advantage of a search is it provides a good idea of the merit of the

invention and helps in deciding if there are good chances of ultimately
getting a patent granted. Furthermore, based on the references (prior art)
discovered during the search, you have the option of fine-tuning your
patent application to ensure that you don’t end up filing a patent for
something which already existed.

Hence, a thorough patentability search is always advised but from a

patenting process point of view is totally optional.

If you are thinking of going international with your patent application,

spending time and money on the search will be well worth every Rupee.

Step 2 – Drafting a patent application (Provisional or Complete)

Once, you have made up your mind to go forward with the patent
application process, the next step is to prepare an Indian patent
application .

Each patent application has to be mandatorily accompanied by a patent

specification . Based on the state of the invention, you can either file
a provisional patent application or a complete patent application .

If the invention is still in the development mode and tests are underway,
it is a good idea to quickly file a provisional application to block the all-
important filing date. Filing of the provisional application gives you 12
months of time to test and finalize your invention and file the complete
application.

Whether filing a provisional or a complete application, extra special

attention should be paid to the patent draft included along with the
application. The patent draft is your representation in front of the patent
office and the decision of the patent office on the grant of the patent will
be made based on the draft itself. Hence, not doing a patent draft
properly may lead to a patent application which doesn’t get a grant or if
granted doesn’t help you stop competitors effectively.

If you are serious about protecting your technology and getting an

advantage in the market, it is highly recommended to seek qualified
assistance from patent professionals, to ensure that your interests are
appropriately protected.

It is best to work with a patent agent with the expertise and experience in
working and prosecuting patent applications in your area of technology.
Since it may not be very easy to find quality patent professionals for your
area of technology, you can seek free assistance from experts at
Zatalyst.com in helping you finding quality patent professionals and law
firms for each and every patent requirement you may have.

Step 3 – Filing the patent application in India

Patent filing in India can happen in the following scenarios:

First filing in India – Once the patent application is drafted, the next step
is to file the patent application in India and secure the filing date. In case
you are filing a provisional application first, you need to file the complete
application within 12 months from the provisional filing date.

Foreign filing decision – Further, if you are interested in protecting your

invention in foreign jurisdictions, the maximum time allowed is 12 months
from your first filing date. Based on the countries you are interested in;
you can opt for filing a convention application in Paris convention
members individually in each of the countries you are interested in
protecting your invention. Alternatively, you can use the Patent
Cooperation Treaty (PCT) system to reserve your right in 140 odd member
countries. Both the systems have their pros and cons and the decision of
choosing one over other changes based on your requirement and will be
the basis of another post.

Foreign applications entering India – In another scenario where the

patent application was first filed in a foreign jurisdiction and the patent
applicant is interested in filing a patent application in India under the Paris
Convention route or the PCT route, the time limit to enter India is 12
months and 31 months respectively.

Each application for a patent which is filed with the Indian patent office
needs to be accompanied by the forms provided below:

Form 1 – Application for grant of a patent

Form 2 – Provisional/Complete specification)

Form 3 – Statement and undertaking regarding foreign application under
section 8 (only required if a corresponding patent application is filed in
another country)

Form 5 – Declaration as to inventorship (only to be filed along with the

complete application)

Form 26 – Form for authorization of a patent agent (only required if you

are using a patent agent to help you file the application)

Form 28 – To be submitted by startup or small entity (only required if you

are claiming startup or small entity status)

Priority documents – In case you are claiming priority from a foreign

patent application and entering India, you may be required to provide the
priority document as well.

Step 4 – Publication of patent application



When is it published – Every patent application which is filed with the

Indian patent office is kept as a secret until the time it is published in the
official patent journal. Indian patent office will publish patent applications
ordinarily after 18 months. This is an automatic event and you need not
make any request. However, if you wish to get your application published
earlier, you can make a request for early publication (Form 9) and your
application will ordinarily be published within 1 month of the request.

The advantage of publication – The date of publication is important as

your privileges and rights start from the date of publication, although you
can’t enforce your rights by way of any infringement proceedings until
your patent is granted.
When not published – It is also important to know that there are a few
scenarios under which a patent application may not be published and
kept as a secret:

Secrecy directions have been imposed under the patent act. Secrecy
directions are imposed if the invention falls in a category publication of
which could be against the interest of the nation.

A complete application was not filed within 12 months from the date of
filing of the provisional application

A request for withdrawal was made. Such a request has to be made at

least 3 months prior to publication. So, for practical purposes, it is 15
months from the date of priority in a standard patent application process.

Step 5 – Examination of the patent application

Every patent application which is filed for protection has to be

substantively examined before a patent is finally granted. The
examination process is where your patent application will finally be
examined on merits of the invention as described and claimed in the
patent specification.

Request for Examination

The examination process, unlike publication, doesn’t happen

automatically by way of filing of the Indian patent application. The
applicant has to specifically make a request for examining their patent
application (Form 18). Only when a Request for Examination (RFE) is
received, will the application be queued for examination. So, the earlier
you make the RFE request, the earlier your application may be examined
by the examiner.

If you wish to fast track your patent application even further and jump the
examination queue, you can file a request for expedited examination
(Form 18A). However, an expedited examination is only available to the
applicant if the applicant is either a startup; or the applicant chose the
Indian Patent Office as the International Search Authority (ISA) or
International Preliminary Examining Authority (IPEA) during their
international application (PCT application).

On the contrary, you may sometimes not want to get your application
examined early for strategic reasons. Reasons for deferring the request
could include extending the patent-pending life, waiting for funding, etc.

Examination process (Objections by examiner & responding to objections)

Once, the Request for Examination has been filed, it will eventually land
up on the desk of the examiner from the relevant technology background
for examination. During the examination process, the examiner will
scrutinize the application to ensure that the application is in accordance
with the patent act and rules. The examiner also performs a search to
understand similar technologies to ascertain if the invention would satisfy
the patentability criteria.

Based on the review of the application, the examiner will issue an

Examination Report to the applicant, stating the grounds for objections.
The first such examination report is called the First Examination Report
(FER).

Once, the FER is issued, the patent applicant needs to successfully

overcome the objections to receive a patent grant. The whole process
may involve responding to examination reports, appearing for hearing,
etc. The total time needed to put an application in order for the grant is 6
months (earlier 12 months) from the date on which the FER is issued to
the applicant. However, this 6 month period can be extended for a period
of 3 months by the applicant by filing a request for an extension of time
(Form 4).

Step 6 – Final decision on grant of patent

Once, the patent application overcomes all the objections, the patent will
be granted and published in the patent gazette.

Step 7 – Renewal

After the patent has been granted, it has to be renewed every year by
paying the renewal fee. A patent in India can be renewed for a maximum
period of 20 years from the patent filing date.

Q5. Who can obtain registration of Geographical Indication

under Geographical Indication of Goods Act, 1999? State the
laws of registration of GIS.

Ans: The Geographical Indications Act affords protection to goods that

can be identified as originating or manufactured in the territory of a
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 conditions. In the case where such goods are
manufactured goods, one of the activities of production, processing or
preparation of the goods concerned takes place in such territory or
locality as the case may be. The term is initially for a period of 10 years
and can be renewed from time to time.

Until recently India did not have a specific law governing Geographical
Indications of goods, which could adequately protect the interests of
producers of such goods. Unless a Geographical Indication is protected in
the country of its origin, there is no obligation under the Agreement on
Trade Related Aspects of Intellectual Property Rights (TRIPS) for other
countries to extend reciprocal protection. In view of this, it was
considered necessary to have a comprehensive legislation for registration
and for providing adequate protection for Geographical Indications.
Thus,the government enacted a pertinent legislation, namely, the
Geographical Indications of Goods (Registration and Protection) Act,
1999. The legislation is administered through the Geographical Indications
Registry under the overall charge of the Controller General of Patents,
Designs and Trademarks. This Act, along with the Geographical Indications
of Goods (Registration and Protection) Rules, 2002 came into force on
September 15, 2003.

A Geographical Indications Registry has been established in Chennai for

the purpose of administering the legislation. Appeal against the
Registrar's decision would be to the Intellectual Property Appellate Board
established under the Trade Marks legislation.

Significance of Geographical Indication Registration

Such identification enables the product to gain a reputation and goodwill

all over the world, consequently resulting in premium prices in national
and international markets. Recognition of a particular commodity as a
Geographical Indication also confers the right to protection under the
Geographical Indication Act, 1999, thereby preventing an unauthorised
use of the commodity registered as GI by any third party. Geographical
Indication registration encourages community ownership and therefore it
helps in proper distribution of the economic benefits accrued from
commercialisation of the commodity across a wider section of people in
that territory.

Registered Geographical Indications in India

A Geographical Indication signals that particular goods have originated

from or are manufactured in a particular territory. A classic example of an
international Geographical Indication is Champagne. The goods can be in
any form, natural, manufactured or agricultural. Some commodities that
have been recently granted the status of a Geographical Indication by the
Government of India include Gir Kesar Mango, Bhalia wheat, Kinhal Toys,
 Nashik Valley wine, Monsoon Malabar Arabica Coffee, Malabar Pepper,
Alleppy Green Cardamom and Nilgiris Orthodox Tea. Other examples
include Darjeeling Tea, Mysore Silk, Paithani Sarees, Kota Masuria,
Kolhapuri Chappals, Bikaneri Bhujia and Agra Petha.

Each of the aforesaid commodities, which have been granted the status of
Geographical Indication, possess distinct features related to their
respective territories. For example, Monsoon Malabar coffee has a
yellowish tinge due to its exposure to the sea winds for nearly six months
in a year. Malabar pepper is grown exclusively in Thalassery and other
northern parts of Kerala. Its corns are larger than the typical black pepper
corns with a dark brown colour. It is very aromatic and pungent, and the
most complex, balanced and elegant of peppers.

The Alleppey green cardamom is the traditional grade that is

internationally accepted. The size, colour and chemical constituents of
this grade of cardamom, with high oil content, set it apart. The identity of
this brand is interwoven with the geographical name Alleppey, a coastal
district in Kerala. Nilgiris tea has an exquisite flavour and aroma,
accompanied by a creamy mouth feel. These qualities are due to the high
elevation of the Nilgiris coupled with its cold, dry and misty weather.

GIs: Procedural Overview

Any association of persons, producers, organisations or authority

established by or under the law can apply for a Geographical Indication
provided that the applicant must represent the interests of the producers.

An application for registration of a Geographical Indication is to be made

in writing, along with the prescribed fees, and should be addressed to the
'Registrar of Geographical Indications'. The application should include the
requirements and criteria for processing a GI application as specified
below:

 The class of goods;

 The territory;
 The particulars of appearance;
 Particulars of producers;
 An affidavit of how the applicant claims to represent the interest in
the GI;
 The standard bench mark or other characteristics of the GI;
 The particulars of special characteristics;
 Textual description of the proposed boundary;
 The growth attributes in relation to the GI pertinent to the
application;
 Certified copies of the map of the territory;
 Special human skill involved, if any;
 Number of producers; and
 Particulars of inspection structures, if any, to regulate the use of the
GI.
On receipt of the application, a number will be allotted. Thereafter, the
application would be examined to check whether it meets the
requirements of the Act and Rules. For this purpose the Registrar shall
ordinarily constitute a Consultative Group of experts to ascertain the
correctness of the particulars furnished. After issuance of the Examination
Report, submissions of the applicant would be considered. If no further
objection is raised, the application would be accepted and would be
advertised in the Geographical Indications Journal. An opposition can be
lodged within a maximum of four month from the date of publication. If
the opposition is dismissed, the application will proceed to registration in
Part A of the Register unless the Central Government otherwise directs.

  Q6. Zoro Pharma, Goa approaches you with a known

molecule having slight modification therein by adding a
methyl group in the benzene ring. Now, the company wish to
obtain a Patent for this invention. Advise appropriately to
Zoro Pharma about the available provisions in the Indian
Patent Act.

Ans: Zoro Pharma product is not qualify as patent because it could not
fulfil the essential condition for valid patent as follow and also come
under those product which is not patentable accoding to this act

A new product or process which involves an inventive step and capable of

being made or used in an industry and should meet following criteria.

a) Novelty means the matter disclosed in the specification

is neither published in India nor anywhere else where
before the date of filing of patent application in India
b) .Inventive step means the invention is not obvious to a
person skilled in the art in the light of the prior
publication /Document.
c) Industrially applicable means the invention should
possess utility, so that it can be made or used in an
industry.

The following would not qualify as patents:

 (i) An invention, which is frivolous or which claims anything obvious

or contrary to the well established natural law. An invention, the
primary or intended use of which would be contrary to law or morality
or injurious to public health
 (ii) A discovery, scientific theory, or mathematical method
 (iii) A mere discovery of any new property or new use for a known
substance or of the mere use of a known process, machine, or
apparatus unless such known process results in a new product or
employs at least one new reactant
 (iv) 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
 (v) A mere arrangement or re-arrangement or duplication of a
known device each functioning independently of one another in its
own way
 (vi) A method of agriculture or horticulture
 (vii) Any process for the medicinal, surgical, curative, prophylactic
diagnostic, therapeutic or other treatment of human beings or any
process for a similar treatment of animals to render them free of
disease or to increase their economic value or that of their products
 (viii) An invention relating to atomic energy
 (ix) An invention, which is in effect, is traditional knowledge

Q7. Why do geographical indications need protection? And

how are geographical indications protected?

Ans: INTRODUCTION
Protection of Geographical Indication (GI) has, over the years, emerged as one of
the most contentious IPR (Intellectual Property Rights) issues in the realm of the
WTO’s Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS). TRIPS defines GI as any indication that identifies a product as
originating from a particular place, where a given quality, reputation or other
characteristics of the product are essentially attributable to its geographical origin.
Also a geographical indication (GI) gives exclusive right to a region (town,
province or country) to use a name for a product with certain characteristics that
corresponds to their specific location.
The Geographical Indications of Goods (Registration and Protection) Act, 1999
protect the GI’s in India. Registration of GI is not compulsory in India [4]. If
registered, it will afford better legal protection to facilitate an action for
infringement.
NEED FOR LEGAL PROTECTION OF GI
Given its commercial potential, legal protection of GI assumes enormous
significance. Without suitable legal protection, the competitors who do not have
any legitimate rights on the GI might ride free on its reputation. Such unfair
business practices result in loss of revenue for the genuine right-holders of the GI
and also misleads consumers. Moreover, such practices may eventually hamper
the goodwill and reputation associated with the GI.

THE INDIAN GI ACT

India has put in place a sui generis system of protection for GI with enactment of a
law exclusively dealing with protection of GIs. The legislations which deals with
protection of GI’s in India are ‘The Geographical Indications of Goods (Registration &
Protection) Act, 1999’ (GI Act), and the ‘Geographical Indications of Goods
(Registration and Protection) Rules, 2002 (GI Rules). India enacted its GI legislations
for the country to put in place national intellectual property laws in compliance with
India’s obligations under TRIPS. Under the purview of the GI Act, which came into
force, along with the GI Rules, with effect from 15 September 2003, the central
government has established the Geographical Indications Registry with all-India
jurisdiction, at Chennai, where right-holders can register their GI.
Unlike TRIPS, in the GI Act does not restrict itself to wines and spirits Rather, it has
been left to the discretion of the central government to decide which products should
be accorded higher levels of protection. This approach has deliberately been taken by
the drafters of the Indian Act with the aim of providing stringent protection as
guaranteed under the TRIPS Agreement to GI of Indian origin. However, other WTO
members are not obligated to ensure Article 23-type protection to all Indian GI,
thereby leaving room for their misappropriation in the international arena.
The definition of GI included in Section 1(3) (e) of the Indian GI Act clarifies that for
the purposes of this clause, any name which is not the name of a country, region or
locality of that country “shall” also be considered as a GI if it relates to a specific
geographical area and is used upon or in relation to particular goods originating from
that country, region or locality, as the case may be. This provision enables the
providing protection to symbols other than geographical names, such as ‘Basmati’.
Registration
While registration of GI is not mandatory in India, Section 20 (1) of the GI Act states
that no person “shall” be entitled to institute any proceeding to prevent, or to recover
damages for, the infringement of an “unregistered” GI. The registration of a GI gives
its registered owner and its authorized users the right to obtain relief for infringement [.
The GI Registry with all India jurisdictions is located in Chennai with the Controller-
General of Patents, Designs and Trade Marks is the Registrar of GIs, as per Section
3(1) of the GI Act. Section 6(1) further stipulates maintenance of a GI Register which
is to be divided into two parts: Part A and Part B. The particulars relating to the
registration of the GIs are incorporated in Part A, while the particulars relating to the
registration of the authorized users are contained in Part B (Section 7 of the Act).
A GI may be registered in respect of any or all of the goods, comprised in such class
of goods as may be classified by the Registrar. The Registrar is required to classify
the goods, as far as possible, in accordance with the International classification of
goods for the purposes of registration of GI (Section 8 of the Act). A single application
may be made for registration of a GI for different classes of goods and fee payable is
to be in respect of each such class of goods
In India a GI may initially be registered for a period of ten years, and it can be
renewed from time to time for further periods of 10 years Indian law place certain
restrictions in that a registered GI is not a subject matter of assignment, transmission,
licensing, pledge, mortgage or any such other agreement.
Rights of Action Against Passing-Off
The GI Act in India specifies that nothing in this Act “shall” be deemed to affect rights
of action against any person for passing off goods as the goods of another person or
the remedies in respect thereof. In its simplest form, the principle of passing-off states
that no one is entitled to pass-off his/her goods as those of another. The principal
purpose of an action against passing off is therefore, to protect the name, reputation
and goodwill of traders or producers against any unfair attempt to free ride on them.
Though, India, like many other common law countries, does not have a statute
specifically dealing with unfair competition, most of such acts of unfair competition
can be prevented by way of action against passing-off. Notably, Article 24.3 of TRIPS
clearly states that in implementing the TRIPS provisions on GIs, a Member is not
required to diminish the protection of GIs that existed in that Member immediately
prior to the date of entry. This flexibility has been utilised by India in the GI Act
(Section 20(2)) in maintaining the right of action against passing-off, which has been
a part of the common law tradition of India, even prior to the advent of the TRIPS
Agreement.
Any lawsuit relating to infringement of a registered GI or for passing of an
unregistered GI has to be instituted in a district court having jurisdiction to try the suit.
No suit shall be instituted in any court inferior to a district court [Section 66 of the
Geographical Indications of Goods (Registration and Protection) Act, 1999].

STATUS OF GI REGISTRATIONS IN INDIA

Around 65 GI’s of Indian origin have already been registered with the GI Registry.
These include GI like Darjeeling (tea), Pochampalli, Ikat (textiles), Chanderi (sarees),
Kancheepuram silk (textiles), Kashmir Pashmina (shawls), Kondapalli (toys), and
Mysore (agarbattis).
GI’s registered during 2007-08 include ‘Muga Silk’ from Assam, ‘Madhubani paintings’
from Bihar, ‘Malabar pepper’ and ‘Alleppey Green Cardamom’ from Kerala, ‘Cora
Cotton’ from Tamil Nadu, ‘Allahabad Surkha’ from Uttar Pradesh, ‘Nakshi Kantha’
from West Bengal, ‘Monsooned Malabar Coffees’ from Karnataka and Kerala. There
is many more Indian GI in the pipeline for registration under the GI Act.

Q8. Write down at least ten geographical indications

tagged products in India along with their genre and
place.
 Ans:
 A Geographical Indication is used on products that have a specific
geographical origin and possess qualities or a reputation that are due to that origin.
 Such a name conveys an assurance of quality and distinctiveness which is
essentially attributable to its origin in that defined geographical locality.
 This tag is valid for a period of 10 years following which it can be renewed.
 Recently the Union Minister of Commerce and Industry has launched the logo
and tagline for the Geographical Indications (GI) of India.
 The first product to get a GI tag in India was the Darjeeling tea in 2004.
 The Geographical Indications of Goods (Registration and Protection) Act, 1999
(GI Act) is a sui generis Act for protection of GI in India.
 India, as a member of the WTO enacted the Act to comply with the Agreement
on Trade-Related Aspects of Intellectual Property Rights
 Geographical Indications protection is granted through the TRIPS Agreement.

10 geographical indications tagged products in India along with their genre and
place.

Kashmir saffron

 It is cultivated and harvested in the Karewa (highlands) in some regions of

Kashmir, including Pulwama, Budgam, Kishtwar and Srinagar.
 It is a very precious and costly product. Iran is the largest producer of saffron
and India is a close competitor.
 It rejuvenates health and is used in cosmetics and for medicinal purposes.
 It has been associated with traditional Kashmiri cuisine and represents the rich
cultural heritage of the region.
 Saffron cultivation is believed to have been introduced in Kashmir by Central
Asian immigrants around 1st Century BCE. In ancient Sanskrit literature, saffron is
referred to as ‘bahukam’

Whats’ so special about Kashmir Saffron?

 The unique characteristics of Kashmir saffron are its longer and thicker
stigmas, natural deep-red colour, high aroma, bitter flavour, chemical-free processing,
and high quantity of crocin (colouring strength), safranal (flavour) and picrocrocin
(bitterness).
 It is the only saffron in the world grown at an altitude of 1,600 m to 1,800 m
AMSL (above mean sea level), which adds to its uniqueness and differentiates it from
other saffron varieties available the world over.
 Sohrai Khovar painting

 The Sohrai Khovar painting is a traditional and ritualistic mural art being
practised by local tribal women in the area of Hazaribagh district of Jharkhand.
 The painting is primarily being practised only in the district of Hazaribagh.
However, in recent years, for promotional purposes, it has been seen in other parts of
Jharkhand.
 It is prepared during local harvest and marriage seasons using local, naturally
available soils of different colours in the area.
 Traditionally painted on the walls of mud houses, they are now seen on other
surfaces, too.
 The style features a profusion of lines, dots, animal figures and plants, often
representing religious iconography.
 In recent years, the walls of important public places in Jharkhand, such as the
Birsa Munda Airport in Ranchi, and the Hazaribagh and Tatanagar Railway Stations,
among others, have been decorated with these paintings.

Telia Rumal

 Telia Rumal cloth involves intricate handmade work with cotton loom displaying
a variety of designs and motifs in three particular colours — red, black and white.
 The Rumal can only be created using the traditional handloom process and not
by any other mechanical means as otherwise, the very quality of the Rumal would be
lost.
 During the Nizam’s dynasty, Puttapaka, a small, backward village of the
Telangana region of Andhra Pradesh had about 20 families engaged in handloom
weaving, who were patronized by rich families and the Nizam rulers.
 The officers working in the court of the Nizam would wear the Chituki Telia
Rumal as a symbolic representation of status.
 Telia Rumals were worn as a veil by princesses at the erstwhile court of the
Nizam of Hyderabad, and as a turban cloth by Arabs in the Middle East.

Chak-Hao

 Chak-Hao, the scented glutinous rice which has been in cultivation in Manipur
over centuries.
 It is characterized by its special aroma. It is normally eaten during community
feasts and is served as Chak-Hao kheer.
 The application for Chak-Hao was filed by the Consortium of Producers of
Chak-Hao (Black Rice), Manipur and was facilitated by the Department of Agriculture.
 Chak-Hao has also been used by traditional medical practitioners as part of
traditional medicine.
 According to the GI application filed, this rice takes the longest cooking time of
40-45 minutes due to the presence of a fibrous bran layer and higher crude fibre
content.
 At present, the traditional system of Chak-Hao cultivation is practised in some
pockets of Manipur.
 Direct sowing of pre-soaked seeds and also transplantation of rice seedlings
raised in nurseries in puddled fields are widely practised in the State’s wetlands.

Gorakhpur terracotta

 The terracotta work of Gorakhpur is a centuries-old traditional art form, where

the potters make various animal figures like, horses, elephants, camel, goat, ox, etc.
with hand-applied ornamentation.
 The application was filed by Laxmi Terracotta Murtikala Kendra in Uttar
Pradesh.
 Some of the major products of craftsmanship include the Hauda elephants,
Mahawatdar horse, deer, camel, five-faced Ganesha, singled-faced Ganesha,
elephant table, chandeliers, hanging bells etc.
 The entire work is done with bare hands and artisans use natural colour, which
stays fast for a long time.
 There are more than 1,000 varieties of terracotta work designed by the local
craftsmen.
 The craftsmen are mainly spread over the villages of Aurangabad, Bharwalia,
Langadi Gularia, Budhadih, Amawa, Ekla etc. in Bhathat and Padri Bazar, Belwa
Raipur, Jungle Ekla No-1, Jungle Ekla No-2 in Chargawan block of Gorakhpur.

Kovilpatti kadalai mittai

 It is a candy made of peanuts held together with glistening syrup, and topped
with wisps of grated coconut dyed pink, green and yellow.
 It is made using all natural ingredients such as the traditional and special
‘vellam’ (jaggery) and groundnuts and water from the river Thamirabarani is used in
the production, which enhances the taste naturally.
 It is manufactured in Kovilpatti and adjacent towns and villages in Thoothukudi
district.
 It is produced by using both groundnuts and jaggery (organic jaggery), in
carefully selected quantities from selected specific locations in Tamil Nadu.

DINDIGUL LOCK, State- Tamil Nadu

  Feature: The famous Dindigul locks are known throughout the world for their
superior quality and durability, so much so that even the city is called Lock
City.
 They are made of iron and brass due to the abundance of iron in this region.
 They are still extensively used in prisons, godowns, hospitals and even
temples.
 These lock manufacturing units are limited to an area of 5 km in and around
Dindigul. 
 There are over 50 varieties of handmade locks made by the artisans.
 But over the last few years, this industry has been slowly dying due to
competition from Aligarh and Rajapalayam. 

KANDANGI SAREE , State- KANDANGI SAREE

 Feature: The Kandangi saree is manufactured in Karaikudi taluk in Sivaganga

district of Tamil Nadu. 
 The original Kandangi saree is manually made using a winding machine, loom,
shuttle and bobbin. 
 It is a team effort of the families who live in the town of Karaikudi and it forms
part of their livelihood. 
 These sarees are characterised by the large contrast borders, and some of
them are known to have borders covering as much as two-thirds of the saree.
 The sarees are usually around 5.10 meters – 5.60 meters in length. 
 The Kandangi sarees exude brilliant colours like bright yellow, orange, red and
a minimal black in the traditional pattern of stripes or checks with broad
borders woven in coarse cotton. 

TAWLHLOHPUAN, State- Mizoram

 Feature: It is a compactly woven fabric  known for warp yarns, warping,

weaving and intricate designs that are made by hand. 
 It is produced throughout Mizoram.
 Aizawl and Thenzawl town being the main centres of production.

TIRUR BETEL VINE, State- Kerala

 Feature: It is mainly cultivated in Tirur, Tanur, Tirurangadi, Kuttippuram,

Malappuram and Vengara block panchayats of Malappuram District.
 Though it is commonly used for making pan masala for chewing, it has many
medicinal, industrial and cultural usages.
 It is considered as a remedy for bad breath and digestive disorders.
 It is unique for its significantly high content of total chlorophyll and protein in
fresh leaves.
 Q9. Elucidate the function and role of International
Organizations, treaties and Agencies functioning for
IPR
ANS:
INTERNATIONAL ORGANIZATIONS, AGENCIES AND TREATIES

There are a number of International organizations and agencies that

promote the use and protection of intellectual property. Although these
organizations are discussed in more detail in the chapters to follow, a
brief introduction may be helpful:

International Trademark Association (INTA) is a not-for-profit international

association composed chiefly of trademark owners and practitioners. It is
a global association. Trademark owners and professionals dedicated in
supporting trademarks and related IP in order to protect consumers and
to promote fair and effective commerce. More than 4000 (Present 6500
member) companies and law firms more than 150 (Present 190 countries)
countries belong to INTA, together with others interested in promoting
trademarks. INTA offers a wide variety of educational seminars and
publications, including many worthwhile materials available at no cost on
the Internet. INTA members have collectively contributes almost US $ 12
trillion to global GDP annually. INTA undertakes advocacy [active support]
work throughout the world to advance trademarks and offers educational
programs and informational and legal resources of global interest.
Its head quarter in New York City, INTA also has offices in Brussels,
Shanghai and Washington DC and representative in Geneva and Mumbai.
This association was founded in 1878 by 17 merchants and manufacturers
who saw a need for an organization. The INTA is formed to protect and
promote the rights of trademark owners, to secure useful legislation (the
process of making laws), and to give aid and encouragement to all efforts
for the advancement and observance of trademark rights.

World Intellectual Property Organization (WIPO) was founded in 1883 and is

specialized agency of the United Nations whose purposes are to promote
intellectual property throughout the world and to administer 23 treaties
(Present 26 treaties) dealing with intellectual property. WIPO is one of the 17 specialized agencies
of the United Nations. It was created in 1967, to encourage creative activity, to promote the
protection of Intellectual Property throughout the world. More than 175 (Present 188) nations are
members of WIPO. Its headquarters in Geneva, Switzerland, current Director General of WIPO is
Francis Gurry took charge on October 1, 2008. The predecessor to WIPO was the BIRPI [Bureaux for
the Protection of Intellectual Property] it was established in 1893. WIPO was formally created by
the convention (meeting) establishing the world intellectual Property organization which entered
into force on April261970.

Berne Convention for the Protection of Literary and Artistic Works (the Berne
Convention) An International copyright treaty called the convention for the protection of Literary
and Artistic works signed at Berne, Switzerland in 1886 under the leadership of Victor Hugo to
protect literary and artistic works. It has more than 145 member nations. The United States became
a party to the Berne Convention in 1989. The Berne Convention is administered by WIPO and is
based on the precept that each member nation must treat nation must treat nationals of other
member countries like its own nationals for purposes of copyright (the principle of “nation
treatment”). In addition to establishing a system of equal treatment that internationalized copyright
amongst signatories, the agreement also required member states to provide strong minimum
standards for copyrights law. It was influenced by the French “right of the author”.

Madrid Protocol It is a legal basis is the multilateral treaties Madrid (it is a city situated in Spain)
Agreement concerning the International Registration of Marks of 1891, as well as the protocol
relating to the Madrid Agreement 1989. The Madrid system provides a centrally administered
system of obtaining a bundle of trademark registration in separate jurisdiction. The protocol is a
filing treaties and not substantive harmonization treaty. It provides a cost-effective and efficient
way for trademark holder. It came into existence in 1996. It allows trademark protection for more
than sixty countries, including all 25 countries of the European Union.

Paris Convention The Paris convention for the protection of Industrial Property, signed in Paris,
France, on 20th March 1883, was one of the first

Intellectual Property treaties, after a diplomatic conference in Paris, France, on 20 March 1883 by
Eleven (11) countries. According to Articles 2 and 3 of this treaty, juristic (one who has through
knowledge and experience of law) and natural persons who are either national of or domiciled in a
state party to the convention. The convention is currently still force. The substantive provisions of
the convention fall into three main categories: National Treatment, Priority right and Common
Rules.

An applicant for a trademark has six months after filing an application in any of the more than 160
member nations to file a corresponding application in any of the other member countries of the
Paris Convention and obtain the benefits of the first filing date. Similar priority is afforded for utility
patent applications, although the priority period is one year rather than six months. The Paris
Convention is administered by WIPO.

North American Free Trade Agreement (NAFTA) came into effect on January 1, 1994,
and is adhered to by the United States, Canada, and Mexico. The NAFTA resulted in some changes
to U.S. trademark law, primarily with regard to marks that include geographical terms. The NAFTA
was built on the success of the Canada-U.S Free Trade Agreement and provided a compliment to
Canada’s efforts through the WTO agreements by making deeper commitments in some key areas.
This agreement has brought economic growth and rising standards of living for people in all three
countries.

General Agreement on Tariffs and Trade (GATT) was concluded in 1994 and is adhered
to by most of the major industrialized nations in the world. The most significant changes to U.S
intellectual property law GATT are that nonuse of a trademark for three years creates a
presumption the mark has

been abandoned and that the duration of utility patent is now twenty years from the filing date of
the application (rather than seventeen years from the date the patent issued, as was previously the
case).