Q.

1 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

For goods/services to be legally classified as Trademark, they need to pass the following
conditions:
Distinctiveness - The goods and services for which the protection is sought should possess enough
uniqueness to identify it as a Trademark. It must be capable of identifying the source of goods or
services in the target market.
Descriptiveness - The Trademark should not be describing the description of the concerned goods or
services. Descriptive marks are unlikely to be protected under Trademark law. However, descriptive
words may be registered if they acquire ―secondary meaning, such as the brand name Apple is used
by a USA based multinational company that manufactures electronic gadgets.
Similarity to the prior marks - The mark should be unique and should not be having similarity to
the existing marks.

registration provides certain advantages to the proprietor of the Trademark, such as:
1. Legal Protection: Registering a trademark prevents unauthorized exploitation and serves as
strong evidence of ownership in legal disputes.
2. Exclusive Right: Grants the Trademark owner full rights to use it in any lawful manner to
promote his business.
3. Brand Recognition: A logo can create brand value over time. A strong brand attracts new
customers and retains existing ones. Registering a trademark early and using it consistently
generates more business for the owner.
4. Asset Creation: A trademark is a valuable asset for businesses. It enhances the company's
reputation and helps in attracting and retaining clients through brand recognition.

Q.2 What are the key considerations and tests for determining fair use doctrine under copyright law?
Explain with examples.

limited use of Copyrighted materials for teaching and research purposes is legally permitted, under
the ―Fair Use Doctrine‖, which comprises of the four-part test:
1. The character of the use - use of the work is purely educational, non-profit and personal.
2. Nature of the work - The use of work is factual in nature and not imaginative o Amount of the
portion to be used - permission is not needed if only a small portion of Copyright protected
material is to be used. However, this parameter is debatable now.
3.Impact of use on the value of the Copyrighted material - If a small portion of the work is
copied and is not affecting the author‗s economic and moral rights, it will be excused from the
infringement.
Detailed information on the examples of the Fair Use Doctrine can be accessed from the official
website (http://copyright.gov.in/ exceptions.aspx).
A few examples are listed below:
1.Quotation mentioned in the Copyrighted work.
2.Reporting of current events in the media, such as newspapers, magazines or radios/television.
3.Reproduction of the work by teachers or scientific researchers.
4.Use of any work prepared by the Secretariat of a Legislature.
Q.3 What were the key events and circumstances surrounding the copyright dispute between
photographer David Slater and the macaques in Indonesia in 2011? Explain.

David vs. Macaques, Indonesia, the Year 2011:

 It is also called the Monkey selfie copyright dispute.
 In 2011, a UK-based photographer David Slater put his camera on a tripod in the wildlife
Sanctuary in Indonesia to click the photograph of Macaques monkeys.
 The Macaques were very curious about the equipment and they found the flashlight fascinating.
One monkey clicked a selfie photograph which became very famous and legally controversial on
the matter of Copyright.
 The selfie picture became famous worldwide after it was published in the British media.
 Theoretically, the monkey is the holder of Copyright as he clicked the photo. Practically,
David Slater was the claimant of the Copyright.
 The dispute entered judicial quarters between People for the Ethical Treatment of Animals (PETA
and David Slater.

Q.4 Explain briefly prior art search in trademark.

Prior Art Search - Prior to applying for Trademark registration, it is always prudent to check
whether the intended Trademark is already registered or not. Also, it is ascertained whether the
intended Trademark is not similar to the ones already registered. The requisite search can be
carried out using various web portals such as
 Public search for Trademarks by CGPDTM
 Trademark Electronic Search System (TESS)
 WIPO‗s Global Brand Database
The steps involved in the registration process are as follows
 After the prior art search has been conducted, the applicant can apply for the registration on
his own or with the help of a certified agent.
 The application is assigned an application number within a few days. (The same can be tracked
online at https://ipindiaonline. gov.in/tmrpublicsearch/frmmain.aspx.)
 The application is scrutinized by a professional examiner. If everything is in order, the
particulars of the application are published in the official Trademark journal (http:
//www.ipindia. nic.in/journal-tm.htm). Otherwise, he will send the objections to the applicant
for rectification. Based on the satisfactory response, the examiner would recommend the revised
application to be published in the journal. If the application is rejected, the applicant may
approach the Intellectual Property Division to challenge the rejection of an application by the
examiner.
 Once the Trademark is published in the official journal, the public has an opportunity to file
an objection, if any, within 90 days. After hearing both the parties, the officer decides
whether to proceed further for the grant of Trademark or disallow the grant of Trademark. In
case of unfavorable outcome, the applicant has the right to contest the decision in front of
the IPAB.
 Once the application has successfully completed all formalities, a Trademark registration
certificate is issued in the name of the applicant.

Q.5 Explain by using a process flowchart, the steps involved in trademark registration.

To seek Trademark registration, the proprietor of the Trademark has to fill an application. The
proprietor may choose to hire an agent to fill and submit the application on his behalf. Before
applying, the applicant needs to conduct a prior art search to ensure the registration criteria.

Prior Art Search - Prior to applying for Trademark registration, it is always prudent to check
whether the intended Trademark is already registered or not. Also, it is ascertained whether the
intended Trademark is not similar to the ones already registered. The requisite search can be
carried out using various web portals such as
 Public search for Trademarks by CGPDTM
 Trademark Electronic Search System (TESS)
 WIPO‗s Global Brand Database
The steps involved in the registration process are as follows
 After the prior art search has been conducted, the applicant can apply for the registration on
his own or with the help of a certified agent.
 The application is assigned an application number within a few days. (The same can be tracked
online at https://ipindiaonline. gov.in/tmrpublicsearch/frmmain.aspx.)
 The application is scrutinized by a professional examiner. If everything is in order, the
particulars of the application are published in the official Trademark journal (http:
//www.ipindia. nic.in/journal-tm.htm). Otherwise, he will send the objections to the applicant
for rectification. Based on the satisfactory response, the examiner would recommend the revised
application to be published in the journal. If the application is rejected, the applicant may
approach the Intellectual Property Division to challenge the rejection of an application by the
examiner.
 Once the Trademark is published in the official journal, the public has an opportunity to file
an objection, if any, within 90 days. After hearing both the parties, the officer decides
whether to proceed further for the grant of Trademark or disallow the grant of Trademark. In
case of unfavorable outcome, the applicant has the right to contest the decision in front of
the IPAB.
 Once the application has successfully completed all formalities, a Trademark registration
certificate is issued in the name of the applicant.

Q.6 What are the different categories of trademarks recognized under Indian law, and tabulate the
famous trademark types with examples

Categories of trademarks:
Q.8 Who Can Apply for a Trademark, Explain briefly Eligibility Criteria.
Q.1 Explain the process of Industrial design registration.

Prior Art Search

 Before filing an application for registration of Industrial Designs, it is prudent to ensure
that the same or similar Design has not been registered earlier.
 This search can be carried out using various search engines, such as: Design Search Utility
(CGPDTM), Global Design Database (WIPO), etc.
Application for Registration
 Once the applicant is satisfied that his Design is novel and significantly distinguishable from
other Designs, he can proceed with filing an application for Design registration.
 The application for registration of Design can be filed by an individual, small entity,
institution, organization and industry. The application may be filed through a professional
patent agent or legal practitioner.
 If the applicant is not a resident of India, an agent residing in India has to be employed for
this purpose.
 The applicant submits the registration application at the Design Office Deputy Controller of
Patents & Designs, Patent Office, Intellectual Property Office Building, CP-2 Sector V, Salt
Lake City, Kolkata- 700091.
 After the application has been filed, an officer (examiner) analyses the application for
qualifying the minimum standards laid down for eligibility criteria for registration. In
case of any query, the same is sent to the applicant and he is supposed to respond within 6
months from the objection raised.
 Once the objections are removed, the application is accepted for registration
Q.2 Explain the famous case law between Apple Inc Vs Samsung Electronics Co. related with industrial
Design rights.

 In 2011, Apple Inc. filed a case against Samsung Electronics Co. in the United States District
Court for the Northern District of California for infringing their Designs and Utility Patents
of the user interface like screen app grid and tap to zoom.
 As evidence, Apple Inc. submitted the side-by-side image comparison of the iPhone 3GS and the
i9000 Galaxy S to demonstrate the alleged similarities in both models.
 however, later it was found that the images were tempered by the Apple Company to match the
dimensions and features of the controversial Designs.
 So the counsel for Samsung Electronics blamed Apple of submitting false and misleading evidence
to the court and the company countersued the Apple Company in Seoul, South Korea; Tokyo, Japan;
and Mannheim, Germany, United States District Court for the District of Delaware, and with the
United States International Trade Commission (ITC) in Washington D.C.
 The proceedings continued for the 7 years in various courts. In June 2018 both companies
reached for a settlement and Samsung was ordered to pay $539 million to Apple Inc. for
infringing on its patents

Q.3 Which specific acts, laws and rules govern geographical indications in India? Give some
examples of well known geographical indications registered in India.

GEOGRAPHICAL INDICATIONS
 A GI is defined as a sign which can be used on products belonging to a particular geographical
location/region and possesses qualities or a reputation associated with that region.
 In GI, there is a strong link between the product and its original place of production.

ACTS, LAWS AND RULES PERTAINING TO GI

 In India, GI was introduced in 2003 and is governed under the Geographical Indications of Goods
(Registration & Protection) Act, 1999 and the Geographical Indications of Goods (Registration &
Protection) Rules, 2002.
Q.4 How would you describe the overall ecosystem and significance of geographical indications in
India?

Geographical Indications (GIs) in India are an essential part of the intellectual property rights (IPR) ecosystem, primarily
aimed at protecting and promoting products that have unique qualities, reputation, or characteristics originating from a
specific geographical location. The system is governed under the Geographical Indications of Goods (Registration and
Protection) Act, 1999, which came into effect in 2003.

Ecosystem of GIs in India

1. Legal Framework:
GIs in India are regulated by the Controller General of Patents, Designs, and Trademarks, who also acts as the Registrar of
Geographical Indications. Registration provides the producers with legal protection, ensuring exclusive rights to use the
name.
2. Diversity of Registered GIs:
India has registered over 400 GIs spanning various categories such as:

Agricultural products: Darjeeling Tea, Basmati Rice, Alphonso Mangoes

Handicrafts: Pashmina Shawls, Mysore Silk, Channapatna Toys

Food products: Tirupati Laddu, Dharwad Pedha, Hyderabadi Haleem

Industrial goods: Solapur Chaddar

Each GI highlights the regional craftsmanship, traditions, or agricultural heritage tied to specific areas.

Significance of Geographical Indications in India

1.Cultural Preservation:
GIs safeguard traditional knowledge, skills, and cultural heritage that are tied to specific
regions, ensuring they are not lost over time.

2.Economic Impact:
GIs provide economic benefits to farmers, artisans, and regional producers by boosting demand for authentic goods in
domestic and international markets. For example, Darjeeling Tea has seen significant international recognition due to its GI
tag.

3.Rural Development:
Most GI-tagged products are produced in rural and semi-urban areas. Protection of these products fosters local employment,
encourages entrepreneurship, and contributes to regional development.
Q.5 Briefly explain the overview of Industrial Design (ID). Summarize the Non-Protectable
Industrial Designs in India.

overview
 The word “design” is defined as the features of shape, configuration, pattern, ornament, or
composition of lines or colors applied to any article.
 The Design may be of any dimension i.e. one or two or three dimensional or a combination of
these.
 An industrial design right protects only the appearance or aesthetic features of a product, it
does not protect the technical or functional features of a product.
 In addition, it may be created by any industrial process or any means, that appeals to and is
judged solely by the eye in the finished article. o The main object of the registration of
industrial Designs is to protect and incentivize the original creativity of the originator and
encourage others to work towards the art of creativity

Non-Protectable Industrial Designs in India

 Any Industrial Design that is against public moral values.
 Industrial Designs including flags, emblems, or signs of any country.
 Industrial Designs of integrated circuits.
 Any Design describing the process of making an article.
 Industrial Designs of books, calendars, certificates, forms and other documents, dressmaking
patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, and medals.
 The artistic work defined under the Copyright Act, of 1957 is not a subject matter for
registration for Industrial Designs, such as:
1.Paintings, sculptures & drawings including a diagram, map, chart, or plan.
2.Photographs and work of architecture.
3.Any other work related to artistic craftsmanship.
4.Industrial Designs does not include any Trademark.

Q.6 Discuss the Design registration procedure by using a flowchart.

Design registration procedure as follows

 The application for registration of Design can be filed by an individual, small entity,
institution, organization or industry.
 The application may be filed through a professional patent agent or legal practitioner.
 If the applicant is not a resident of India, an agent residing in India has to be employed for
this purpose.
 The applicant submits the registration application to the Design Office Deputy Controller of
Patents & Designs at Kolkata.
 After the application has been filed, an officer (examiner) analyses the application for
qualifying the minimum standards laid down for eligibility criteria for registration.
 In case of any query, the same is sent to the applicant and he is supposed to respond within 6
months from the objection raised.
 Once the objections are removed, the application is accepted for registration.
Q.7 Define Geographical Indications (GI) with an example. What are the rights granted to GI holders?

A Geographical Indication (GI) is defined as a sign that can be used on products belonging to a
particular geographical location/region and possesses qualities or a reputation associated with
that region.
Example: Tirupati Laddu from AP. Rasgulla from Oddisha, Kashmir Saffron from J and K, Champagne
from France, Kanchipuram silk saree from TN.

RIGHTS GRANTED TO THE HOLDERS

 Right to grant the license to others - The holder has the right to gift, sell, transfer/grant a
license, mortgage or enter into any other arrangement for consideration regarding their product.
A license or assignment must be given in written and registered with the Registrar of GI, for
it to be valid and legitimate.
 Right to sue - The holder of GI has the right to use and take legal action against a person who
uses the product without his consent.
 Right to exploit - The holder of GI can authorize users with exclusive right to use goods for
which the GI is registered.
 Right to get reliefs - Registered proprietors and authorized users have the right to obtain
relief concerning the violation of such GI products

Q.8 Discuss the case study of Curcuma (Turmeric) Patent.

Case study of Curcuma (Turmeric) Patent

 Turmeric is widely used in India as a medicine, a food ingredient, and a dye to name a few of
its uses.
 In the ancient Indian medical system, Ayurveda, a poultice of turmeric paste is used to treat
common eye infections dress wounds, treat bites, burns, acne, and various skin diseases
 In 1995, the United States awarded patent no 5,401,504 on turmeric to the University of
Mississippi Medical Center for wound healing properties.
 The claimed subject matter was the use of "turmeric powder and its administration", both oral
as well as topical, for wound healing. It was specially awarded for the ‘use of turmeric in
wound healing
 In1996, the Indian Council for Scientific and Industrial Research (CSIR) objected to the patent
granted. Due to extensive research, 32 references were located in different languages namely
Sanskrit, Urdu, and Hindi on the traditional use of turmeric.
 After a legal battle the patent was revoked, stating that the claims made in the patent were
obvious and anticipated, and agreeing that the use of turmeric was an old art of healing wounds.