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1. Explain briefly different classes of copyrights and the two exclusive rights owned by the

copyright owner?

Copyright is classified into the following categories:

1. Literary Works: Written or spoken content, including books, essays, research articles, oral
speeches, lectures, software, and databases.

2. Dramatic Works: Scripts and performances like screenplays and dramas.

3. Sound Recordings: Audio recordings on any medium, such as CDs, phonograms, and digital
formats.

4. Artistic Works: Visual creations like paintings, drawings, logos, maps, photographs,
engravings, and architecture.

5. Musical Works: Musical compositions (notations) excluding lyrics, actions, or performances.

6. Cinematograph Films: Visual recordings, including movies, TV shows, and sound-video

recordings.

Exclusive Rights of a Copyright Owner:

Copyright owners enjoy two primary types of rights:

1. Economic Rights (Proprietary Rights):

These rights allow financial benefits from the work. The owner can authorize or prohibit:

o Reproduction of the work in any form (e.g., publications, sound recordings).

o Distribution of copies of the work.

o Public performance or broadcasting of the work.

o Translating the work into other languages.

o Adaptation (e.g., converting a novel into a screenplay).

2. Moral Rights (Personal Rights):

Moral rights ensure the author's personal connection to the work:

o Right of Paternity: The author retains the right to be credited for their work, even if
the copyright is transferred.

o Right of Integrity: The author can prevent misuse, alteration, or distortion of the
work that may harm their reputation or misrepresent the original work.

2. What are the different categories of trademarks recognized under Indian law? Explain by

using a flowchart, the steps involved in trademark registration.

3. What are the roles and functions of the copyright board and the copyright society in
administering copyright laws and regulations?

Roles and Functions of the Copyright Board:

The Copyright Board is a regulatory and quasi-judicial body constituted under the Copyright Act of
India. It consists of a Chairman (of High Court judge level) and 2–14 members. Its roles and functions
include:

1. Hearing Appeals: The Board hears appeals against orders passed by the Registrar of
Copyrights.

2. Rectification of Entries: It has the power to rectify incorrect entries in the Register of
Copyrights.

3. Dispute Resolution on Assignment: It adjudicates disputes related to the assignment of

copyrights.

4. Grant of Compulsory Licences: It can issue licences for publishing, republishing, or

translating works in specific circumstances (e.g., after 7 years of first publication).

5. International Copyright Disputes: The Board resolves disputes related to publication status
and copyright terms of works in other countries.

6. Fixing Royalty Rates: It determines royalty rates, especially for sound recordings under cover
versions.

7. Resale Share Right: It decides the resale share rights for original works like paintings,
sculptures, drawings, or manuscripts.

Roles and Functions of the Copyright Society:

A Copyright Society is a registered collective body that manages the copyrights of authors and
owners as per Section 33 of the Copyright Act, 1957. Its roles include:

1. Rights Management: Keeping track of copyright-related rights, uses, and infringements.

2. Issuing Licences: Granting licences to users for utilizing the works of its members.

3. Royalty Collection: Collecting fees/royalties for issued licences.

4. Royalty Distribution: Distributing collected royalties to copyright owners after deducting

administrative expenses.

4. What were the key events and circumstances surrounding the copyright dispute between

photographer David Slater and the macaques in Indonesia in 2011? Explain.

1. In 2011, photographer David Slater set up his camera in an Indonesian wildlife sanctuary to
photograph macaque monkeys.
2. One macaque, curious about the equipment, accidentally pressed the shutter button,
resulting in a famous "selfie" photo.
3. The photo went viral, sparking a legal controversy over who held the copyright, as the
monkey technically took the photo.
4. David Slater claimed copyright due to his substantial involvement in setting up the camera
and equipment.
 5. People for the Ethical Treatment of Animals (PETA) sued Slater, arguing that the macaque
should be the copyright owner.
6. The dispute was settled with Slater retaining the copyright but agreeing to pay 25% of the
royalties to the wildlife sanctuary where the macaque lived.

5. Examine the classification of trademarks under the ’Nice Agreement’ and provide examples

of goods and services falling under different classes.

The Nice Agreement (1957), administered by the World Intellectual Property Organization (WIPO),
classifies trademarks into 45 classes: 34 for goods and 11 for services. This system is followed by 149
countries, including signatories and other jurisdictions such as the African Intellectual Property
Organization and the European Union Trademark Office. Below are examples of goods and services in
different classes:

• Class 1: Chemicals for industrial, scientific, and agricultural use, unprocessed plastics, fire-
extinguishing compositions, adhesives for use in industry, fertilizers, biological preparations
for industry and science.

• Class 45: Legal services, security services for the protection of property and individuals,
personal and social services to meet individual needs.

6. What are the key eligibility criteria that a mark must meet to qualify for trademark

protection? List advantages that a proprietor gains through trademark registration.

key eligibility criteria:

Distinctiveness:

• The mark must be unique and capable of distinguishing the goods or services of one
business from those of others. A distinctive mark helps consumers identify the source of
the goods or services.

• Example: The mark "Nike" for footwear is distinctive because it is unique and not related
to the product itself, allowing consumers to recognize it as the source of those goods.

Descriptiveness:

• A mark should not be merely descriptive of the goods or services it represents. Descriptive
marks that directly describe the qualities or characteristics of the goods or services are
typically not eligible for protection. However, a descriptive mark can be registered if it
acquires "secondary meaning" — when consumers come to associate the mark with a
specific source.

• Example: The name "Apple" for electronic gadgets is descriptive (it relates to the fruit), but
it has acquired secondary meaning because consumers associate it with Apple Inc., a
leading tech company.

Similarity to Prior Marks:

• A mark should not be confusingly similar to existing registered trademarks, as this could
lead to consumer confusion. If the mark is too similar to an existing trademark, it may be
rejected.
 • Example: If a company tries to register a mark like "Coca-Cola" for its own line of soft
drinks, it would likely be rejected because it is too similar to the well-known "Coca-Cola"
trademark, potentially confusing consumers.

advantages of trademark registration for the proprietor include:

• Legal Protection: Prevents unauthorized use of the trademark by other individuals,

companies, or organizations. A registered trademark serves as legal proof of ownership in
disputes.

• Exclusive Right: Grants the trademark owner exclusive rights to use the trademark in
promoting their business, ensuring control over its use.

• Brand Recognition: Helps in building brand value by identifying products/services with a logo
or mark. A strong brand attracts new customers and strengthens loyalty with existing ones.

• Asset Creation: A registered trademark is an intangible asset that adds value to the business.
It can enhance company growth, attract new clients, and retain existing ones through brand
recognition.

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7. Explain the overview of Industrial Design (ID). Using a flowchart, discuss the procedure for

design registration in India.

Industrial Design (ID) in India:

1. Definition: An industrial design refers to the aesthetic or ornamental aspects of an article,

which includes its shape, configuration, pattern, or color that make it visually appealing and
unique.

2. Purpose: It aims to protect the visual design of objects that are used in industrial production,
promoting creativity and innovation in design.

3. Protection: A registered industrial design gives exclusive rights to the owner to use and
commercialize the design for a specified period.

4. Registration: To be eligible for registration, the design must be new, original, and not
previously published or publicly disclosed.

5. Duration: The protection for industrial designs lasts for 10 years from the date of
registration, with a possible extension for an additional 5 years.

6. Scope: Industrial designs cover a wide range of products, including consumer goods,
packaging, and even graphical user interfaces.

Procedure for Registration of Industrial Designs:

1. Prior Art Search:

Before filing an application, it’s important to ensure that the design is novel and not already
registered. This can be done using:

o Design Search Utility (CGPDTM) link

 o Global Design Database (WIPO) link

o Hague Express Database (WIPO) link

o Design View (EUIPO) link

2. Application for Registration:

Once the design is confirmed to be unique, the applicant can file an application. The
application can be submitted by individuals, small entities, institutions, organizations, or
industries. If the applicant is a non-resident of India, they must hire an agent in India to file
on their behalf. The application is submitted to the Design Office at the Deputy Controller of
Patents & Designs in Kolkata.

3. Examination of Application:
After filing, an examiner analyzes the application for compliance with the eligibility criteria. If
there are any objections, the applicant is required to respond within 6 months. Upon
addressing any objections, the application moves forward.

4. Publication:
Once the objections are resolved, the application is published in the Official Journal of the
Patent Office link. If there are no objections from the public within a specified period, the
design is considered for registration.

5. Registration and Certificate Issuance:

After successful registration, the applicant becomes the proprietor of the design, with
exclusive rights to use the design in articles within the designated class. The applicant can
request the issuance of a certificate of registration for the industrial design.
8. Analyse the key events and circumstances surrounding the patent case of Curcuma

(Turmeric).

Introduction of Turmeric:
Turmeric, scientifically known as Curcuma longa, is a flowering plant from the ginger family. It is
widely used in Indian cooking and has significant medicinal and cosmetic applications, particularly for
its wound-healing and anti-parasitic properties.

The Patent Filing:

In 1994, two scientists of Indian origin patented the use of turmeric powder for wound healing at the
University of Mississippi Medical Center in the United States. The patent was granted for a process
involving turmeric's use for medicinal purposes, particularly for treating wounds.

Patent Controversy:
The patenting of turmeric sparked significant controversy in India. The use of turmeric for wound
healing was well documented in ancient Ayurvedic texts, making it widely known. Despite the long-
standing public knowledge, the US Patent and Trademark Office (USPTO) granted the patent due to
an oversight of the existing knowledge in India.

Challenge by CSIR:
The Council of Scientific and Industrial Research (CSIR) in India contested the patent before the
USPTO. CSIR argued that the use of turmeric for medicinal purposes was not a novel invention and
had been known for centuries in Indian traditional medicine, supported by evidence from ancient
Sanskrit texts.

Revocation of the Patent:

After reviewing the evidence presented by CSIR, the USPTO re-examined the patent. It was
concluded that the use of turmeric for wound healing was an obvious discovery, and since the
knowledge existed for centuries in India, the patent was revoked by the USPTO.

9. Briefly explain the overview of Industrial Design (ID). Summarize the Non-Protectable

Industrial Designs in India.

Industrial Design (ID) in India:

7. Definition: An industrial design refers to the aesthetic or ornamental aspects of an article,

which includes its shape, configuration, pattern, or color that make it visually appealing and
unique.

8. Purpose: It aims to protect the visual design of objects that are used in industrial production,
promoting creativity and innovation in design.

9. Protection: A registered industrial design gives exclusive rights to the owner to use and
commercialize the design for a specified period.

10. Registration: To be eligible for registration, the design must be new, original, and not
previously published or publicly disclosed.

11. Duration: The protection for industrial designs lasts for 10 years from the date of
registration, with a possible extension for an additional 5 years.

12. Scope: Industrial designs cover a wide range of products, including consumer goods,
packaging, and even graphical user interfaces.

Non-Protectable Industrial Designs in India:

1. Against Public Morals: Any design that violates public moral standards or is offensive.

2. Flags and Emblems: Designs that include flags, emblems, or national signs of any country, as
well as integrated circuits.

3. Describing the Process: Designs that solely depict the process of making an article, rather
than its appearance.

4. Documents and Miscellaneous Items: Designs of books, calendars, certificates, forms,

greeting cards, leaflets, maps, postcards, stamps, and medals.

5. Artistic Works: Designs that are also considered artistic works under the Copyright Act, 1957
(e.g., paintings, sculptures, drawings, photographs, and architectural works).

6. Trademarks: Industrial designs do not include trademarks as per The Designs Act, 2000.
10. Using a flowchart, explain the process of GI registration.

Procedure for GI Registration:

1. Prior Search:
Before filing an application for a Geographical Indication (GI), it is important to ensure that
the GI is not already registered. This can be done by using WIPO's search tools for
"Appellations of Origin and Geographical Indications"
(https://www.wipo.int/ipdl/en/search/lisbon/search-struct.jsp) or by checking the list of
registered GIs in India on the official CGPDTM website
(http://www.ipindia.nic.in/writereaddata/Portal/News/367_1_Registered_GI.pdf).

2. Filing the Application:

The application for GI registration can be filed by an individual, organization, or authority
established under Indian law. The application must be submitted in a prescribed format to
the Registrar of GIs, along with the required fee
(http://www.ipindia.nic.in/writereaddata/Portal/IPORule/1_27_1_girules.pdf). The
application should include details about the GI, including how its standards will be
maintained and the interests of the producers of the product. Three certified copies of the
map showing the region where the GI belongs must also be provided.

3. Examination of the Application:

Once the application is filed, the Examiner scrutinizes it for any deficiencies or similarities. If
any issues are found, the applicant is notified and must respond within one month. If the
Examiner is satisfied with the response, they prepare an examination report and forward it
to the Registrar.

4. Objections and Clarifications:

The Registrar will again review the application. If there are any further doubts or objections,
the applicant is given two months to clear them. If the applicant fails to address the
concerns, the application may be rejected.

5. Publication in the GI Journal:

If the Registrar approves the application, it is published in the official Geographical Indication
Journal (http://www.ipindia.nic.in/journal-gi.htm) to allow for any public objections.
Objections must be filed within four months of the publication. If no objections are received,
the GI is registered.

6. Registration and Renewal:

The GI is initially registered for ten years, and the registration is renewable upon payment of
the required fee. The filing date is considered the registration date.

11. Define Geographical Indications (GI) with an example. By help of a flowchart, explain the

process of GI registration in India?

A Geographical Indication (GI) is a sign used on products that originate from a specific geographical
location or region, and the product possesses qualities, reputation, or characteristics that are directly
linked to that region. There is a strong connection between the product and its place of origin,
making it unique to that region.
Examples of Geographical Indications:

1. Darjeeling Tea:
Known for its unique flavor and aroma, Darjeeling Tea is a GI associated with the Darjeeling
region in India.

2. Parmigiano-Reggiano:
An Italian cheese famous for its high quality, Parmigiano-Reggiano is a GI linked to specific
regions in Italy, including Parma, Reggio Emilia, and Modena.

3. Champagne:
Champagne is a sparkling wine produced in the Champagne region of France, and it is a
classic example of a GI with its distinct characteristics tied to the region's terroir and
production methods.

12. Explain the classification of Industrial Designs and design registration trends in India.

Classification of Industrial Designs:

Industrial Designs are registered and classified under the Locarno Agreement (1968), which is used
to classify goods for design registration and design searches. It consists of 32 classes and 237
subclasses. The classification is available in both English and French. The system helps in organizing
and identifying different types of industrial designs.

• Example:

o Class 1 includes foodstuff for human consumption, foodstuffs for animals, and
dietetic foods, excluding packaging, which is classified under Class 9.

o Class 32 is for the design of graphic symbols, logos, surface patterns, and
ornamentation.

Designs Registration Trend in India (2010-2020):

Between 2010 and 2020, India saw significant growth in the registration of industrial designs:

• Increase:

o 88% increase in the number of designs filed.

o 117% increase in the number of designs examined.

o 33% increase in the number of designs registered.

• Highest Numbers: The year 2019-20 witnessed the highest statistics:

o Designs Filed: 12,268

o Designs Examined: 13,644

o Designs Registered: 14,272

13. Define Geographical Indications (GI) with an example. What are the rights granted to GI
holders?

Rights Granted to the Holders of Geographical Indications (GI):

1. Right to Grant a License:

o The holder has the right to gift, sell, transfer, mortgage, or grant a license for the use
of the GI product.

o A license or assignment must be in writing and registered with the Registrar of GI for
it to be valid.

2. Right to Sue:

o The GI holder has the legal right to take action against anyone using the GI product
without their consent.

3. Right to Exploit:

o The GI holder can authorize others to use the product for which the GI is registered,
granting exclusive rights to users.

4. Right to Get Reliefs:

o Registered proprietors and authorized users can seek legal reliefs in case of violations
of their GI products.

14. Describe the protection term and renewal process for registered industrial designs in India.

Discuss the importance of design registration for businesses

Protection Term and Renewal Process for Registered Industrial Designs in India

• Protection Term:

o A registered industrial design in India is initially protected for 10 years. This means
the design holder has exclusive rights over the design during this period, preventing
others from using, selling, or making similar products without consent.

• Renewal Process:

o The protection term can be extended for an additional 5 years by applying for a
renewal. After the initial 10-year period, the design owner must file a renewal
application to extend the protection. This ensures continued exclusivity and control
over the design for up to 15 years in total.

Example:

• A company that registers the design of a unique and aesthetically appealing chair will have
exclusive rights to that design for 10 years. To maintain these rights, the company can apply
for a renewal after 10 years, extending protection for another 5 years.

Importance of Design Registration for Businesses

 • Exclusivity and Protection:

o Design registration ensures that the business holds exclusive rights over its design.
This prevents others from copying or imitating the product design, offering a
competitive advantage in the market.

• Brand Recognition and Market Value:

o By protecting a unique design, businesses can enhance their product's value. A

registered design increases brand recognition, as consumers associate the product
with its creator, establishing goodwill in the market.

• Legal Recourse:

o Registered designs allow businesses to take legal action against infringers. This gives
the business more control over its intellectual property and protects its innovations.

Example:

• A fashion designer who registers a unique clothing design gains exclusive rights to that
design. This prevents other designers from creating similar clothing items, boosting the
designer's market value and establishing a strong brand presence in the fashion industry.

15. Explain the ownership of geographical indications (GIs) and the rights granted to holders. Discuss

the classes of GIs and the protection of GIs. Explore collective or certification marks in the context

of GIs.

Ownership of Geographical Indications (GIs)

• Ownership/holders of registered GIs can include:

o Producers as a group, association, or cooperative society.

o Associations or, in certain cases, the government.

Rights Granted to the Holders

• Right to Grant a License:

o The holder can gift, sell, transfer, grant a license, mortgage, or enter into other
arrangements for consideration.

o A license or assignment must be in writing and registered with the Registrar of GI for
validity.

• Right to Sue:

o The holder has the right to take legal action against anyone using the product
without consent.

• Right to Exploit:

o The holder can authorize users with the exclusive right to use goods for which the GI
is registered.
 • Right to Get Reliefs:

o Registered proprietors and authorized users can seek relief concerning the violation
of GI products.

Classes of GI

• GIs are classified under 34 different classes. Examples include:

o Class 1: Chemicals used in industry, science, photography, agriculture, horticulture,

and forestry (e.g., artificial resins, fire extinguishing compositions, manures).

o Class 33: Alcoholic beverages (except beers).

o Class 34: Tobacco, smokers' articles, matches.

Protection of GI

• Enforcement:

o IP rights to GI are enforced by the court of law in the concerned country.

o GI registration helps in identifying pirated/non-genuine products, provides

commercial value, and strengthens cases in court.

• Methods of Protection:

1. Sui Generis Systems:

▪ Special regimes of protection.

2. Certification or Collective Mark Systems:

▪ GI is protected through certification or collective marks.

• System Choice:

o The sui generis system was adopted by many countries, including India, after the
TRIPS Agreement (1995) allowed countries to choose between TRIPS standards or
sui generis systems based on their legislation and geographical structures.

Collective or Certification Marks

• Certification Marks:

o Certify that products comply with specific quality standards, irrespective of origin.

o Standards include permitted materials and manufacturing methods.

o Distinguish certified goods from non-certified ones.

• Collective Marks:

o Owned by associations ensuring compliance with agreed standards.

o Used by cooperating enterprises that meet the quality standards for goods or
services with common characteristics.
16. Discuss the acts, laws, and rules governing geographical indications in India. Explain the

ownership of geographical indications and the rights granted to the holders.

Acts and Laws Governing Industrial Designs in India

• The Designs Act, 2000 (Link)

• Design Rules, 2001 (Link)

o Amended in 2008, 2013, 2014, and 2019.

Characteristics of an Industrial Design:

• Novel and Original:

o The design should be new and not previously disclosed or published.

• Applicable to a Functional Article:

o The design must be applicable to a product that is functional.

• Visible on a Finished Article:

o The design should be visible in the final product after manufacturing.

 • No Prior Publication or Disclosure:

o The design should not have been publicly disclosed or published before the
application.

17. Explore the future Copyright implications for the works of Harivansh Rai Bachchan, the

fatherof Amitabh Bachchan. Analyze the provisions of the Copyright Act, 1957, and discuss the

rights duration as per the Act.

1. Duration of Copyright: Under the Copyright Act, 1957, the copyright over a work lasts for
the lifetime of the author plus 60 years. In this case, Harivansh Rai Bachchan passed away
on 18th January 2003. Therefore, the copyright on his works, such as his famous poetry
collection Madhushaala, will remain valid until 2063 (60 years after his death).
2. Implications for the Works: After the expiry of the copyright in 2063, the works will enter
the public domain, meaning anyone will be free to use, reproduce, and distribute his works
without seeking permission or paying royalties. This includes his poetry, translations of
Shakespeare’s works, and other literary contributions.
3. Rights During the Copyright Period: During the 60-year period, the copyright holders (in this
case, the legal heirs or individuals who inherit the rights) have exclusive rights to:

• Reproduce the work (e.g., publishing or selling copies).

• Perform the work in public (e.g., recitations, performances).

• Adapt the work (e.g., turning poetry into a play or movie).

• License or assign these rights to others.

4. In the Case of Harivansh Rai Bachchan’s Works: Since Amitabh Bachchan is the son of
Harivansh Rai Bachchan, it is likely that Amitabh (or his representatives) currently holds the
copyright to his father’s works. This allows them to control how the works are used, such as
through publication, performance, and adaptation.
5. Post-2063: Once the copyright expires in 2063, anyone can freely use Harivansh Rai
Bachchan's literary works, and no royalties or permission would be needed from his heirs.
This is an important aspect of the Copyright Act, ensuring that works eventually become
accessible to the public and can be freely used for educational, commercial, or other
purposes.