IPR 2 - QUESTIONS & ANSWERS

1. What is Copyright? Nature of Copyright.

• Definition:
o Copyright is a legal concept enacted by most governments to grant the creator of original
work exclusive rights to its use and distribution, usually for a limited time. In India,
copyright is governed by the Copyright Act, 1957.
o Section 14 of the Copyright Act, 1957 defines copyright as the exclusive right to do or
authorize others to do certain acts in relation to:
▪ Literary, dramatic, musical, and artistic works.
▪ Cinematograph films and sound recordings.
• Nature of Copyright:
o Exclusive Rights:
▪ The copyright holder has the exclusive right to reproduce, publish, perform, and
communicate the work to the public, as well as to make adaptations and
translations.
▪ Example: Only the copyright owner can authorize someone to publish their novel.
o Automatic Protection:
▪ Under Indian law, copyright protection is automatic, and the creator does not need
to register the work for it to be protected (Section 13 of the Act).
▪ Example: A painter automatically owns the copyright of their painting once it is
created.
o Territorial Rights:
▪ Copyright is territorial, meaning it applies within the jurisdiction of the country
where it is granted. However, international agreements like the Berne Convention
allow for protection across multiple countries.
o Moral Rights:
▪ Moral rights are personal rights granted to authors, regardless of their economic
rights. These include the right to claim authorship of the work and the right to
object to any derogatory treatment of the work (Section 57 of the Act).
▪ Example: An author can object to any modifications of their work that could harm
their reputation.
o Duration of Copyright:
▪ The duration of copyright in India varies based on the type of work:
▪ Literary, dramatic, musical, and artistic works: Life of the author plus 60
years after their death (Section 22).
▪ Cinematograph films, sound recordings, photographs, and works of
corporate authorship: 60 years from the date of publication.
• Economic Rights vs. Moral Rights:
o Economic Rights: These are the rights that allow the copyright owner to derive financial
benefits from the use of their work by others.
o Moral Rights: These protect the personal connection between the creator and the work.

2. Copyright is a 'Bundle of Rights'

• Meaning:
o Copyright encompasses a collection of exclusive rights granted to the creator or author
of an original work. These rights are often referred to as a "bundle of rights" because they
are multiple rights combined under one title.
o Section 14 of the Copyright Act, 1957 outlines these rights in relation to different types
of works.
• Key Rights Included:
 o Right to Reproduce the Work:
▪ The copyright owner has the exclusive right to reproduce the work in any material
form, including the storing of it in any medium by electronic means.
▪ Example: A writer can decide who may publish copies of their book.
o Right to Issue Copies to the Public:
▪ The right to issue copies of the work to the public, including distribution, sale, or
rental.
▪ Example: A filmmaker can control the distribution of DVDs of their film.
o Right to Perform the Work in Public:
▪ The right to perform the work or communicate it to the public.
▪ Example: A musician has the right to control who performs their song in public.
o Right to Make Translations and Adaptations:
▪ The right to make any translations, adaptations, or arrangements of the work.
▪ Example: An author can authorize or prevent translations of their novel into other
languages.
o Right to Broadcast the Work:
▪ The right to broadcast the work or communicate it to the public by way of a radio,
television, or satellite.
▪ Example: A sound recording owner can decide how their music is played on the
radio.
o Right of Paternity and Integrity (Moral Rights):
▪ The right to be identified as the author of the work (Right of Paternity) and the
right to object to any derogatory treatment that could harm the author's reputation
(Right of Integrity).
• Significance:
o This "bundle of rights" allows the copyright holder to control how their work is used,
ensuring they receive recognition and financial compensation for their creative efforts.

3. Explain briefly the origin and development of copyrights.

• Historical Background:
o The concept of copyright has evolved over centuries, originating in Europe during the
15th and 16th centuries with the advent of the printing press. It began as a means to
control the reproduction of printed materials.
o Statute of Anne (1709): The first formal copyright law, passed in England, granted
authors the exclusive right to their works for a limited period.
• Development in India:
o British Influence:
▪ Indian copyright law was heavily influenced by British law. The first Indian
Copyright Act was the Indian Copyright Act of 1914, which was based on the UK
Copyright Act of 1911.
o Post-Independence:
▪ The Copyright Act of 1957: After independence, India enacted its own copyright
law, which is the principal legislation governing copyright in India today.
▪ This Act has been amended several times to address new challenges and
technological advancements, with major amendments in 1983, 1984, 1992, 1994,
1999, and 2012.
o International Conventions:
▪ India is a signatory to various international conventions and treaties like the Berne
Convention, Universal Copyright Convention, and the Trade-Related Aspects of
Intellectual Property Rights (TRIPS) Agreement. These have shaped the
development of copyright law in India.
• Modern Developments:
 o Digital Era: The rise of the internet and digital technology has posed new challenges to
copyright enforcement, leading to amendments in the law to address issues like digital
piracy and the protection of electronic works.
o 2012 Amendment: One of the significant amendments was in 2012, which included
provisions for protecting the rights of performers, and for the first time, addressed issues
related to digital rights management (DRM) and technological protection measures.
• Current Scenario:
o Today, copyright law in India is comprehensive and covers a wide range of works
including literary, musical, dramatic, and artistic works, cinematograph films, and sound
recordings. The law continues to evolve to address emerging challenges in the digital age.

4. Explain in brief assignment and licensing of copyright.

• Assignment of Copyright:
o Definition:
▪ Assignment refers to the transfer of ownership of the copyright from the original
creator to another person or entity. This transfer can be either full or partial,
depending on the terms agreed upon.
o Section 18 of the Copyright Act, 1957:
▪ This section permits the copyright holder to assign their copyright, either wholly
or partially, to any other person. The assignment must be in writing and signed by
the assignor.
o Requirements:
▪ The assignment must specify the rights being transferred, the duration of the
assignment, and the territorial extent of the assignment.
▪ Example: An author assigning the rights of publishing a book to a publishing
house.
o Effect of Assignment:
▪ Once assigned, the assignee has the exclusive rights to the work, as specified in
the assignment agreement. The assignor loses those rights, except any that were
explicitly retained.
▪ Example: If an author assigns the rights to publish a book to a publisher, only the
publisher can publish the book during the assignment period.
• Licensing of Copyright:
o Definition:
▪ Licensing refers to the grant of permission by the copyright holder to another
person to use the copyrighted work in a specific manner. Unlike assignment,
licensing does not transfer ownership.
o Types of Licenses:
▪ Exclusive License (Section 30):
▪ An exclusive license is a license in which the copyright owner grants all
the rights to the licensee, and the owner cannot grant the same rights to
anyone else.
▪ Example: A filmmaker grants exclusive rights to a streaming platform to
distribute their film.
▪ Non-Exclusive License:
▪ In a non-exclusive license, the copyright owner retains the right to grant
the same rights to others.
▪ Example: A musician grants non-exclusive licenses to multiple radio
stations to play their songs.
▪ Compulsory License:
▪ This is a license granted without the copyright owner's consent under
specific circumstances provided by the law. For example, a compulsory
 license may be issued for the production of certain works for educational
purposes.
▪ Example: A government may issue a compulsory license for a book to be
translated into a local language for educational purposes.
• Legal Requirements:
o Licensing agreements must be in writing and signed by the licensor and licensee. The
scope, duration, and territorial extent of the license should be clearly defined.
• Importance:
o Assignment and licensing are crucial mechanisms that allow copyright holders to
commercially exploit their works and ensure their works reach a wider audience.

5. What are the qualifying elements to be in existence in a work for its copyright ability?

• Originality:
o The work must be original, meaning it should originate from the author and involve a
certain degree of creativity or intellectual effort. Section 13 of the Copyright Act, 1957,
mandates that the work should not be a mere copy of an existing work.
o Example: A new novel written by an author is original, whereas a copied manuscript is
not.
• Fixation:
o The work must be fixed in a tangible form, such as being written, recorded, or stored
electronically. Ideas, concepts, or facts that are not fixed in a tangible medium are not
eligible for copyright protection.
o Example: A poem written on paper or stored on a computer is fixed, but a spoken
conversation that is not recorded is not.
• Expression:
o Copyright protects the expression of ideas, not the ideas themselves. The way in which
an idea is expressed, whether in writing, art, music, or other forms, is what qualifies for
copyright protection.
o Example: The storyline of a novel is protected, but the basic idea or theme of the novel
is not.
• Work of Author:
o The work must be created by a human author, as copyright does not protect works created
by machines or animals.
o Example: A painting created by an artist is protected, but a design created solely by a
computer algorithm without human intervention is not.
• Sufficient Creativity:
o The work must exhibit a minimum level of creativity. It should be more than a trivial or
mechanical exercise. The creativity need not be groundbreaking, but there should be
some element of creativity involved.
o Example: A photograph taken with creative framing and lighting is protected, but a
simple snapshot without any creative effort may not be.
• Not a Work in Public Domain:
o The work must not already be in the public domain. Works that are no longer protected
by copyright, or were never eligible for copyright protection, cannot be copyrighted.
o Example: Classic works like Shakespeare's plays are in the public domain and cannot be
copyrighted.

6. Briefly Explain the Works in Which Copyright Subsists

Copyright in India is governed by the Copyright Act, 1957. Under Section 13 of the Act, copyright
subsists in the following types of works:

• Original Literary Works:

o Includes novels, poems, articles, computer programs, databases, etc.
 o The work must be original, which means it should be the result of the author’s skill,
labor, and judgment, not copied from another work.
• Original Dramatic Works:
o Includes scripts for plays, films, choreographic works, and other performances.
o These works are protected from the moment they are created in a fixed form.
• Original Musical Works:
o Refers to any music work that consists of music or musical compositions, excluding any
words or actions intended to be sung or performed with the music.
o The composition must be original and reduced to a material form.
• Original Artistic Works:
o Includes paintings, sculptures, drawings, engravings, photographs, and architectural
works.
o These works are protected if they are original and created by the author through their
skill and judgment.
• Cinematograph Films:
o Refers to any work of visual recording and includes sound recordings accompanying
such visual recording.
o This protection includes the film as a whole, including its script, direction, and
production.
• Sound Recordings:
o Includes any aural work consisting of music, spoken words, or any other sounds.
o The recording must be fixed in a medium like a CD, tape, or digital file.
• Broadcasts:
o Copyright also subsists in broadcasts (radio and television).
o The broadcast itself is protected, not the content.
• Performances:
o Performers like musicians, dancers, and actors have rights in their performances.
o This is governed under the Performers' Rights within the Copyright Act, which grants
them rights to control the use of their performances.

7. Explain the Works in Which Copyright Does Not Subsist

The Copyright Act, 1957, under Section 16, outlines certain types of works in which copyright does
not subsist:

• Ideas, Concepts, and Procedures:

o Copyright does not protect ideas, concepts, procedures, methods of operation, or
mathematical concepts. Only the expression of an idea in a fixed form is protected.
• Names, Titles, and Slogans:
o Mere names, titles, or slogans do not qualify for copyright protection. They may,
however, be protected under trademark law.
• Government Publications:
o Works that are published by the government or any government department are not
eligible for copyright protection, unless specifically stated.
• Judicial Pronouncements and Legislations:
o Judgments, legislative texts, and official documents issued by the judiciary or
legislature are not protected under copyright law.
• News of the Day:
o News or current events as such are not protected by copyright, although the way they
are reported may be protected.
• Trivial Works:
o Works that are purely functional, such as forms, blank templates, or calendars, do not
qualify for copyright protection.
• Work of the State:
 o Any work created by a public servant as part of their official duties may not be eligible
for copyright protection.

8. Computer Software and Copyright

• Definition:
o Computer software, under the Copyright Act, 1957, is categorized as a "literary work"
and is therefore eligible for copyright protection.
o This includes the source code and object code of the software.
• Protection Under the Act:
o Section 2(o) of the Act defines literary works to include computer programs, tables, and
compilations, including computer databases.
o Copyright protection for software covers the expression of the idea, not the underlying
idea itself.
• Rights of the Author:
o The author of the software (usually the programmer or the company employing the
programmer) has the exclusive right to reproduce, adapt, and distribute the software.
o These rights also include making derivative works, translating the software, and
distributing it to the public.
• Infringement:
o Copying software without authorization, whether for personal use or distribution,
constitutes copyright infringement.
o The Act provides civil and criminal remedies for such infringement.
• Licensing:
o Software can be licensed to others, either exclusively or non-exclusively, allowing the
licensee to use the software under specified conditions.
o Licensing agreements are crucial for defining how software can be used, distributed, or
modified.
• Protection Duration:
o The copyright protection for software lasts for the lifetime of the author plus 60 years
after their death.

9. Explain the Concept of Copyright in Registered Design

• Definition of Registered Design:

o A registered design refers to the features of shape, configuration, pattern, or ornament
applied to any article by any industrial process.
o The design must be new or original, not previously published in any country, and must
be applicable to a functional article.
• Difference Between Design and Copyright:
o While copyright protects the artistic expression in a work (like a painting or a novel),
design protection is concerned with the appearance of a product that results from a
design process.
o Copyright protects works as literary or artistic creations, while design law protects the
aesthetic features of products.
• Protection Under Indian Law:
o The Designs Act, 2000, governs the protection of industrial designs in India.
o Upon registration, the owner of the design gets the exclusive right to apply it to any
article in the class in which the design is registered.
• Duration of Protection:
o The registered design is protected for ten years, which can be extended by an additional
five years.
• Copyright in Registered Design:
 o Section 15 of the Copyright Act, 1957, provides that once a design is registered, it is no
longer eligible for copyright protection as an artistic work.
o However, if a design is not registered or if the registration has expired, it may still enjoy
copyright protection if it qualifies as an artistic work.
• Infringement and Remedies:
o Unauthorized copying or imitation of a registered design can result in legal action for
infringement.
o The owner can seek remedies like damages, injunctions, and the seizure of infringing
products.

### 10A. Compulsory License in Copyright: When Can It Be Issued?

A compulsory license in the context of copyright refers to a situation where a government authority
grants permission to a third party to use a copyrighted work without the consent of the copyright
owner. This mechanism is typically employed to balance the interests of the copyright owner with the
public interest, ensuring that essential works are accessible to the public under certain circumstances.

Legal Framework in India

In India, the provisions for compulsory licenses are provided under the Copyright Act, 1957. Sections
31 to 31D of the Act deal with various situations where a compulsory license can be granted. The
purpose of these provisions is to prevent the abuse of copyright and to ensure the work's availability to
the public.

Situations Where Compulsory Licenses Can Be Issued:

1. Works Withheld from the Public (Section 31):

o If a copyrighted work has been published or performed in public but the owner has
refused to republish or allow its performance, and such refusal is against public interest,
a compulsory license may be granted.
o The Copyright Board can grant a compulsory license to any interested person to publish
or perform the work after hearing both parties.
2. Phonograms and Broadcasts (Section 31D):
o This section deals with compulsory licensing for broadcasting organizations. If a
broadcasting organization desires to broadcast any sound recording in its programs, it
may do so by paying a royalty to the copyright owner.
o The terms and conditions of such licenses, including the amount of royalty, are
determined by the Copyright Board.
3. Unpublished Works of Unknown Authors (Section 31A):
o In cases where the author of a work is unknown or untraceable, and the work has not
been published, a person may apply to the Copyright Board for a license to publish or
perform the work in public.
o The Board may grant a license after ensuring that reasonable efforts have been made to
locate the author.
4. Translations (Section 32):
o If a copyrighted work is not available in any language, the Copyright Board may grant a
compulsory license to translate the work into that language, particularly if it’s required
for educational purposes.
o This is applicable in cases where the owner has not produced or licensed a translation
within a stipulated period.
5. Works for the Benefit of Disabled Persons (Section 31B):
o A compulsory license can be issued to make accessible copies of copyrighted works for
disabled persons, such as producing Braille versions or audio books, if such formats are
not readily available.
 6. Public Interest Considerations:
o In some cases, compulsory licenses may be granted if the refusal of the copyright owner
to allow the use of the work is detrimental to public interest. This could include
scenarios where the work is of significant cultural, educational, or social importance.

Process of Granting Compulsory Licenses:

• Application:
o An interested party must file an application with the Copyright Board, specifying the
reasons for seeking the license.
• Hearing:
o The Copyright Board conducts a hearing, providing an opportunity for both the
applicant and the copyright owner to present their cases.
• Terms and Conditions:
o If granted, the Board determines the terms and conditions of the compulsory license,
including the duration and the amount of royalty to be paid to the copyright owner.

Conclusion: Compulsory licenses are a significant tool to ensure that copyright does not become a
barrier to the dissemination of knowledge, cultural works, and essential resources. They serve as a
check on the monopoly of copyright owners, ensuring that public interest is upheld in certain
circumstances. However, these licenses are granted under strict conditions to prevent misuse and to
balance the interests of both the copyright owner and the public.

### 10B. Who will grant the compulsory license and when it can be revoked?

• Copyright Board:
o The Copyright Board (now succeeded by the Intellectual Property Appellate Board
(IPAB)) is the primary authority responsible for granting compulsory licenses in India.
o The Board/Tribunal examines applications for compulsory licenses and determines
whether the conditions for granting such a license are met, as laid out in the Copyright
Act, 1957.
o The Board is empowered to impose terms and conditions, including the amount of royalty
to be paid to the copyright owner, and to whom the license is to be granted.
• Intellectual Property Appellate Board (IPAB):
o Following the establishment of the IPAB, the functions of the Copyright Board, including
the granting of compulsory licenses, were transferred to this tribunal. The IPAB handles
disputes related to intellectual property rights, including copyright.
o The Board's decision is based on factors such as the public interest, the availability of the
work, and the terms of the license requested.

Situations Where Compulsory Licenses Can Be Granted:

• Non-Availability of Work:
o When a copyrighted work is not made available to the public or is being withheld by the
copyright owner, particularly if such withholding is against public interest.
• Educational and Research Purposes:
o When a copyrighted work, particularly translations or adaptations, is needed for
educational purposes, and the copyright owner has not granted the necessary permissions.
• Public Broadcasting:
o Broadcasting organizations may obtain compulsory licenses to broadcast sound
recordings by paying royalties determined by the Board.
• Benefit of Disabled Persons:
o Licenses may be granted to make works accessible to disabled persons, such as producing
copies in Braille, if these formats are not available.
Revocation of Compulsory License

• Revocation by the Copyright Board/IPAB:

o The authority that grants the compulsory license, i.e., the Copyright Board or IPAB, also
has the power to revoke the license.
o Revocation can occur under the following circumstances:
▪ Non-Compliance with Terms: If the licensee fails to comply with the terms and
conditions imposed by the Board, such as non-payment of royalties.
▪ Misuse or Abuse of License: If the licensee is found to be using the work in a
manner not authorized by the license or in a way that harms the interests of the
copyright owner.
▪ Changed Circumstances: If the circumstances under which the license was
granted have changed significantly, the Board may revoke the license.
• Procedure for Revocation:
o The copyright owner or any interested party can file an application for revocation with
the Copyright Board/IPAB.
o The Board will conduct a hearing, allowing both the licensee and the applicant to present
their cases before making a decision.

Conclusion: The grant and revocation of compulsory licenses are crucial mechanisms in the copyright
system to balance the rights of the copyright owner with public interest. The Copyright Board or IPAB,
as the competent authority, ensures that compulsory licenses are granted and revoked based on fair and
just criteria, maintaining the integrity of the copyright system while ensuring accessibility of works to
the public.

11. Short Notes on Copyright Board

• Establishment and Function:

o The Copyright Board was established under the Copyright Act, 1957, to perform
specific functions related to the administration and enforcement of copyright law in
India.
o It functions as a quasi-judicial body, addressing disputes concerning copyright,
including the grant and regulation of licenses.
• Jurisdiction:
o The Board has the authority to adjudicate disputes between authors and publishers, and
disputes related to the assignment of copyright.
o It also deals with matters related to the fixation of royalty rates, grant of compulsory
licenses, and other related issues.
• Transition to IPAB:
o The Intellectual Property Appellate Board (IPAB) was established to hear appeals
against the decisions of the Copyright Board, and later, it took over the functions of the
Copyright Board, merging both entities.
o The IPAB now deals with disputes and issues that were earlier handled by the
Copyright Board.
• Powers:
o The Board has the power to conduct hearings, summon witnesses, and review evidence
to make decisions regarding copyright disputes.
o It can also impose fines and penalties and has the authority to revoke or cancel licenses
if necessary.
• Role in Compulsory Licensing:
o The Copyright Board plays a crucial role in the issuance and regulation of compulsory
licenses, ensuring that copyright owners' rights are balanced with public interest.

12. Short Notes on Copyright Societies

 • Definition and Role:
o Copyright Societies are organizations formed by authors, composers, and other
copyright holders to manage, protect, and administer their copyrights collectively.
o These societies play a crucial role in the licensing of copyrighted works, collection of
royalties, and distribution of payments to members.
• Registration and Regulation:
o Under the Copyright Act, 1957, copyright societies must be registered with the
Registrar of Copyrights.
o They operate under the supervision of the government to ensure fair practices in the
administration of copyright.
• Functions:
o The primary function of copyright societies is to issue licenses for the use of works,
such as music or literary works, and to collect royalties on behalf of the copyright
holders.
o They also enforce rights against unauthorized use and infringement.
• Examples:
o In India, well-known copyright societies include the Indian Performing Right Society
(IPRS) for music and Reprographic Rights Organization of India (RRO) for literary
works.
• Importance:
o Copyright societies provide a streamlined process for users to obtain licenses, ensuring
that creators are fairly compensated for the use of their works.
o They also help in the enforcement of copyright laws by monitoring the use of works
and taking action against infringements.

13. Short Notes on Termination of the License of Copyright

• Types of Licenses:
o Copyright licenses can be exclusive or non-exclusive, allowing licensees to use the
copyrighted work under specific conditions set by the licensor.
o Licenses can be granted for a limited period or for the entire term of the copyright.
• Grounds for Termination:
o Breach of Terms: A license can be terminated if the licensee violates the terms and
conditions of the agreement, such as failing to pay royalties or using the work beyond
the scope of the license.
o Expiry: Licenses granted for a specific duration automatically terminate upon the
expiry of that period.
o Mutual Agreement: The licensor and licensee can agree to terminate the license at any
time, subject to the terms of the contract.
o Revocation by the Copyright Board/IPAB: The Board/IPAB can revoke a license if it
was granted under a compulsory license and the licensee fails to adhere to the imposed
conditions.
• Consequences of Termination:
o Upon termination, the licensee loses all rights to use the copyrighted work, and any
further use may constitute copyright infringement.
o The licensor may seek legal remedies for any unauthorized use post-termination.

14. Infringement of Copyright

a. Determining Factors Measuring Infringement of Copyright

• Substantial Similarity:
o For an infringement claim, the plaintiff must prove that the alleged infringing work is
substantially similar to the copyrighted work.
 o Substantial similarity is assessed in terms of expression, and not just ideas, themes, or
concepts.
• Access to the Original Work:
o Proof that the alleged infringer had access to the copyrighted work can strengthen an
infringement claim.
o Direct or indirect access may be considered by the court to determine whether the
infringer copied the work.
• Copying or Unauthorized Use:
o Any reproduction, adaptation, distribution, performance, or display of the copyrighted
work without permission constitutes infringement.
o Copying does not necessarily have to be identical but must be enough to capture the
essence of the original work.
• Intent:
o While copyright infringement is generally a strict liability offense, evidence of intent or
knowledge of copying can influence the severity of penalties.
o Innocent infringement may result in reduced damages, but it is still actionable.

b. Legal Remedies Available for Infringement of a Registered Design

• Injunction:
o The court may issue an injunction to prevent the infringer from continuing to use the
copyrighted work.
o This is a common remedy to stop ongoing or future infringement.
• Damages:
o The copyright owner may be awarded monetary damages for losses suffered due to the
infringement.
o Damages can be compensatory, covering actual losses, or statutory, where a
predetermined amount is awarded.
• Account of Profits:
o Instead of or in addition to damages, the copyright owner may seek an account of
profits, where the infringer must pay the profits earned from the infringing activity.
• Delivery Up:
o The court may order the infringer to deliver up all infringing copies or materials used to
produce infringing copies for destruction.
• Criminal Penalties:
o In cases of willful infringement, criminal penalties such as fines and imprisonment may
be imposed under the Copyright Act, 1957.

15. Rights Enjoyed by an Owner of Copyright

• Reproduction Right:
o The copyright owner has the exclusive right to reproduce the work in any material
form, including storage in any medium by electronic means.
o This includes photocopying, digitization, and reproduction in different formats.
• Right of Communication to the Public:
o The owner has the right to communicate the work to the public, including broadcasting,
performance, or making the work available on the internet.
o This right is crucial in the digital age for controlling the distribution of works online.
• Adaptation and Translation Rights:
o The copyright owner can authorize others to create adaptations, such as film adaptations
of a novel or translations into other languages.
o These rights are essential for expanding the work's reach to different audiences.
• Right to Distribute:
 o The owner has the right to distribute copies of the work, including through sale, rental,
lease, or lending.
o This right helps control the commercial exploitation of the work.
• Right to License:
o The copyright owner can license the work to third parties for use, including exclusive
and non-exclusive licenses.
o Licensing allows the owner to monetize the work by granting permission to others for
its use.
• Moral Rights:
o The copyright owner has moral rights, including the right to be identified as the author
(right of paternity) and the right to object to derogatory treatment of the work (right of
integrity).
o These rights protect the personal connection between the author and the work.
• Right of Public Performance:
o The owner can control and authorize the public performance of the work, such as
staging a play or performing a musical piece in public.
o This right is crucial for creators in the performing arts.
• Right to Seek Legal Remedies:
o The copyright owner can seek legal remedies against infringement, including
injunctions, damages, and criminal penalties.
o This right ensures the protection and enforcement of copyright.
• Right to Resale Royalty:
o In some jurisdictions, the copyright owner may have the right to receive a royalty on the
resale of certain works, such as artworks, under the resale royalty right or "droit de
suite."

16. Define Design

• Definition:
o Under the Designs Act, 2000, a design is defined as the "features of shape,
configuration, pattern, ornament, or composition of lines or colors applied to any
article, whether in two-dimensional or three-dimensional form."
o The design must be new or original, and it should be capable of being applied to an
article by any industrial process.
o The design should not be purely functional but must provide an aesthetic appearance to
the article.
• Key Aspects:
o Shape and Configuration: Refers to the form or structure of an article.
o Pattern and Ornament: Involves decorative elements applied to the surface of the
article.
o Application: The design must be applicable to an article, enhancing its visual appeal
and not just serving a functional purpose.
• Industrial Application:
o The design should be applicable to articles that are manufactured or produced by an
industrial process, which means it should be capable of being mass-produced.

17. Discuss the Salient Features of the Designs Act, 2000 and the Features of the
Designs Act, 1911

Designs Act, 2000

• Objective:
 o The Act aims to protect the visual design of articles, providing legal protection to the
aesthetic aspect of a product, thereby encouraging innovation and creativity.
• Definition of Design:
o As per the Act, a design is defined broadly to include features of shape, configuration,
pattern, ornament, or composition of lines or colors applied to an article.
• Registration:
o Design registration provides exclusive rights to the creator, preventing others from
using the design without permission.
o The process of registration is streamlined, with clear procedures for filing, examination,
and publication.
• Term of Protection:
o The initial term of protection is 10 years from the date of registration, which can be
renewed for an additional 5 years, making a total of 15 years.
• Powers of Controller:
o The Controller of Designs has the authority to examine applications, grant or refuse
registration, and enforce compliance with the Act.
• Infringement and Remedies:
o The Act provides remedies for infringement, including injunctions and damages.
• International Conventions:
o The Act aligns with international agreements such as the Paris Convention for the
Protection of Industrial Property, ensuring global recognition of Indian designs.

Designs Act, 1911

• Objective:
o The earlier Act focused on protecting designs but was less comprehensive compared to
the 2000 Act.
• Scope:
o The scope of design protection was narrower, with less emphasis on industrial
application and more on aesthetic aspects.
• Term of Protection:
o The protection under the 1911 Act was initially for 5 years, with possible extensions up
to 15 years, which was less favorable compared to the 2000 Act.
• Registration Process:
o The process was more cumbersome, with less clarity on the procedures for examination
and registration.
• Amendments:
o The 2000 Act replaced the 1911 Act to address emerging needs and align with
international standards, providing broader protection and clearer guidelines.

18. Powers and Functions of the Controller Under the Designs Act, 2000

• Examination of Applications:
o The Controller examines design applications to ensure they meet the requirements for
registration, including novelty, originality, and industrial applicability.
• Granting or Refusing Registration:
o Based on the examination, the Controller can grant or refuse registration of a design.
This decision is made after evaluating the design's compliance with legal standards.
• Publication of Registered Designs:
o The Controller is responsible for publishing registered designs in the official gazette,
making the information available to the public and establishing the design's legal status.
• Maintaining the Register:
o The Controller maintains a register of designs, which includes details of all registered
designs, changes, and renewals.
 • Enforcement of Compliance:
o The Controller ensures compliance with the provisions of the Designs Act, addressing
issues related to unauthorized use and infringement.
• Hearing Appeals:
o The Controller hears appeals against decisions related to design registration and other
disputes arising under the Act.

19. Significance of Design

• Economic Value:
o Designs play a crucial role in enhancing the aesthetic appeal of products, influencing
consumer preferences, and adding economic value to goods.
• Competitive Advantage:
o A unique and attractive design provides a competitive edge in the market,
distinguishing products from competitors and potentially increasing market share.
• Brand Identity:
o Design contributes to brand identity and recognition, making products more memorable
and appealing to consumers.
• Encouraging Innovation:
o Protection of design rights encourages creativity and innovation by ensuring that
designers can reap the rewards of their inventive work.
• Legal Protection:
o Design registration provides legal protection against unauthorized copying, ensuring
that the designer’s rights are upheld and their work is not exploited without permission.

20. Requirements & Procedure for Registration of Designs Under the Designs Act

• Requirements for Registration:

o Novelty: The design must be new and not previously disclosed in any form.
o Originality: The design should be the original work of the creator and not copied from
existing designs.
o Industrial Application: The design must be capable of being applied to an article by
any industrial process.
o Visual Appeal: The design should be primarily concerned with the aesthetic aspects
rather than functional aspects.
• Procedure for Registration:
o Filing Application: Submit an application for design registration to the Controller of
Designs, including a detailed representation of the design.
o Examination: The Controller examines the application to ensure compliance with the
Act's requirements.
o Publication: If the design is accepted, it is published in the official gazette, allowing for
public inspection and opposition.
o Grant of Registration: Upon successful examination and publication, the design is
registered, and a certificate of registration is issued.
o Renewal: Registration is valid for an initial period of 10 years, with an option to renew
for an additional 5 years.

21. Piracy of Registered Designs and Remedies Against Piracy

• Piracy of Registered Designs:

o Definition: Piracy refers to the unauthorized copying or imitation of a registered
design, leading to its unlawful use in industrial or commercial products.
 o Indicators: Piracy involves the reproduction of the design or a design that is
substantially similar to the registered design, used without the permission of the design
owner.
• Determining Factors:
o Substantial Similarity: Whether the alleged infringing design is substantially similar to
the registered design.
o Intentional Copying: Evidence that the infringing party knowingly copied the
registered design.
• Remedies Against Piracy:
o Injunction: The court can issue an injunction to prevent further infringement and
prohibit the continued use of the pirated design.
o Damages: The design owner can claim damages for losses suffered due to piracy,
including actual damages and any profits made by the infringer.
o Account of Profits: The owner may seek an account of profits earned by the infringer
from the unauthorized use of the design.
o Delivery Up: The court may order the infringer to deliver up all infringing goods and
materials for destruction.

22. Distinguish Between Design and Trademark

• Purpose:
o Design: Protects the aesthetic appearance of an article, focusing on the visual design
applied to the product.
o Trademark: Protects symbols, logos, words, or other marks used to identify and
distinguish goods or services from those of others.
• Scope:
o Design: Covers the shape, configuration, pattern, and ornamentation of a product.
o Trademark: Covers signs, logos, names, and other identifiers used in trade.
• Duration:
o Design: Protection is granted for up to 15 years, with an initial term of 10 years and a
possible renewal for 5 years.
o Trademark: Protection can be indefinite, provided the trademark is renewed
periodically and used in commerce.
• Registration:
o Design: Registration is specific to the visual aspects of an article.
o Trademark: Registration covers brand identifiers and can apply to various goods and
services.
• Infringement:
o Design: Infringement involves unauthorized copying of the design’s aesthetic features.
o Trademark: Infringement involves unauthorized use of a mark that causes confusion
with the registered trademark.

23. Rights Conferred by Registration of Design

• Exclusive Right:
o The registration of a design grants the owner the exclusive right to use, manufacture,
and sell articles incorporating the design.
• Prevention of Infringement:
o The owner can prevent others from using, copying, or imitating the registered design
without permission.
• Licensing:
o The design owner can license the design to third parties, allowing them to use the
design under agreed terms.
• Assignment:
 o The design owner can assign or transfer the rights to another party, either partially or
wholly.
• Legal Remedies:
o The owner can seek legal remedies against infringement, including injunctions,
damages, and accounts of profits.
• Market Advantage:
o Registration provides a competitive edge by ensuring that the design is legally
protected, enhancing market position and brand value.

24. Meaning, Definition, and Scope of Biological Diversity

• Meaning:
o Biological Diversity, or biodiversity, refers to the variety of life forms on Earth,
including the diversity of species, ecosystems, and genetic variations within species. It
encompasses all living organisms, from the smallest microorganisms to the largest
animals and plants.
• Definition:
o According to the Biological Diversity Act, 2002, "biological diversity" means the
variability among living organisms from all sources, including terrestrial, marine, and
other aquatic ecosystems, and the ecological complexes of which they are part. This
includes diversity within species, between species, and of ecosystems.
• Scope:
o Species Diversity: Refers to the variety of different species within a particular region or
ecosystem.
o Genetic Diversity: Involves the variation in genetic material within and between
species, contributing to the adaptability and survival of organisms.
o Ecosystem Diversity: Encompasses the variety of ecosystems or habitats in a region,
including forests, wetlands, grasslands, and marine environments.
• Importance:
o Biodiversity is crucial for maintaining ecosystem health, providing resources such as
food, medicine, and raw materials, and supporting ecological processes like pollination
and nutrient cycling.

25. Powers and Functions of the National Biodiversity Authority (NBA)

• Establishment:
o The NBA was established under the Biological Diversity Act, 2002 to implement the
provisions of the Act and ensure the conservation of biological diversity.
• Powers:
o Regulatory Functions: The NBA regulates access to biological resources and
associated knowledge, ensuring that access is granted in compliance with the Act.
o Granting Permissions: It grants permissions for obtaining biological resources and
associated knowledge for commercial utilization or research.
o Approval for Research: The NBA approves proposals related to research and
development involving biological resources and traditional knowledge.
• Functions:
o Conservation: Formulates and implements policies for the conservation of biological
diversity.
o Awareness and Education: Promotes public awareness and understanding of the
importance of biodiversity conservation.
o Coordination: Coordinates with other national and international bodies on biodiversity
issues.
o Monitoring and Evaluation: Monitors the status of biodiversity and evaluates the
impact of policies and activities on biodiversity conservation.
26. Composition, Powers, Responsibilities & Functions of the State Biodiversity Board
(SBB)

• Composition:
o The SBB is constituted by the State Government and includes a Chairperson, appointed
by the Government, and members representing various departments and organizations
involved in biodiversity conservation.
• Powers:
o Regulation: Regulates the use of biological resources and associated traditional
knowledge within the state.
o Permission: Grants permission for access to biological resources for research or
commercial purposes.
o Monitoring: Monitors and ensures compliance with the Biodiversity Act at the state
level.
• Responsibilities:
o Conservation: Works on conservation strategies tailored to the specific needs of the
state's biodiversity.
o Documentation: Maintains records and documentation related to biological resources
and traditional knowledge in the state.
o Public Awareness: Promotes awareness about the importance of biodiversity
conservation among local communities.
• Functions:
o Preparation of State Biodiversity Action Plans: Develops and implements action
plans for biodiversity conservation.
o Advisory Role: Advises the State Government on matters related to biodiversity and
the implementation of the Biodiversity Act.
o Conflict Resolution: Resolves conflicts arising from the use of biological resources
and traditional knowledge.

27. Why Do We Need Legislation on Biodiversity?

• Conservation:
o Legislation provides a legal framework for the protection and conservation of
biodiversity, ensuring that efforts are made to preserve various species and ecosystems.
• Regulation:
o It regulates access to biological resources and traditional knowledge, preventing
exploitation and ensuring that benefits are shared fairly with local communities.
• Sustainable Use:
o Legislation promotes the sustainable use of biological resources, ensuring that their use
does not lead to depletion or degradation of ecosystems.
• International Obligations:
o It helps fulfill international commitments under agreements like the Convention on
Biological Diversity (CBD) by implementing national strategies and action plans.
• Public Awareness:
o Legislation raises awareness about the importance of biodiversity and encourages
public participation in conservation efforts.
• Research and Innovation:
o Provides a framework for conducting research and utilizing biological resources in a
manner that respects legal and ethical standards.

28. Salient Features, Aims, and Objectives of the Biological Diversity Act, 2002

• Salient Features:
 o Legal Framework: Establishes a comprehensive legal framework for the conservation
of biological diversity.
o National Biodiversity Authority: Creates the NBA to oversee and regulate access to
biological resources and traditional knowledge.
o State Biodiversity Boards: Establishes SBBs in states to implement and enforce
biodiversity conservation measures at the state level.
o Biodiversity Management Committees: Sets up committees at the local level to
involve communities in biodiversity management and conservation.
• Aims:
o Conservation: Aim to conserve the rich biological diversity of India, including
ecosystems, species, and genetic resources.
o Sustainable Use: Ensure that the use of biological resources is sustainable and does not
lead to their depletion.
o Benefit Sharing: Promote fair and equitable sharing of benefits arising from the use of
biological resources and traditional knowledge.
• Objectives:
o Regulation of Access: Regulate access to biological resources and traditional
knowledge, ensuring compliance with legal requirements.
o Promotion of Research: Encourage research and development related to biological
resources and traditional knowledge.
o Public Participation: Involve local communities in biodiversity conservation efforts
and decision-making processes.

29. Critically Examine the Functions of Biodiversity Management Committees

(BMCs)

• Function:
o Local Management: BMCs are responsible for the management and conservation of
biodiversity at the local level, involving communities in the decision-making process.
o Documentation: They document local biodiversity and traditional knowledge, ensuring
that it is preserved and used appropriately.
o Awareness: Promote awareness among local communities about the importance of
biodiversity and sustainable practices.
o Conflict Resolution: Address and resolve conflicts related to the use of biological
resources and traditional knowledge.
• Critical Examination:
o Effectiveness: The effectiveness of BMCs can vary depending on their capacity,
resources, and support from higher authorities.
o Community Involvement: The level of community involvement and representation
can impact the success of BMCs in managing local biodiversity.
o Implementation Challenges: BMCs may face challenges in implementing biodiversity
conservation measures due to limited resources or conflicting interests.

30. Difference Between Biodiversity Resources and Traditional Knowledge

• Biodiversity Resources:
o Definition: Refers to the biological resources, including plants, animals, and
microorganisms, found in ecosystems.
o Examples: Medicinal plants, agricultural crops, wildlife.
o Utilization: Can be used for various purposes, including agriculture, medicine, and
industry.
• Traditional Knowledge:
 o Definition: Refers to the knowledge and practices developed and passed down through
generations by indigenous and local communities.
o Examples: Traditional healing practices, agricultural techniques, cultural practices.
o Utilization: Provides valuable insights and methods for utilizing biological resources
sustainably and effectively.
• Key Differences:
o Nature: Biodiversity resources are tangible biological entities, while traditional
knowledge is intangible cultural heritage.
o Legal Protection: Biodiversity resources are often protected through regulations on
access and use, while traditional knowledge requires mechanisms for protection and
benefit-sharing to prevent exploitation.

31. Salient Features, Nature, Scope, and Objectives of the Convention on Biological
Diversity (CBD), 1961
• Salient Features:
o International Treaty: The CBD is a global treaty aimed at promoting sustainable
development through the conservation of biological diversity.
o Three Main Goals: Conservation of biodiversity, sustainable use of its components,
and fair and equitable sharing of benefits arising from genetic resources.
• Nature:
o Comprehensive: Covers a wide range of issues related to biodiversity, including
ecosystems, species, and genetic resources.
o Multilateral: Involves participation from countries worldwide, reflecting a global
commitment to biodiversity conservation.
• Scope:
o Global: Applies to all countries, with specific obligations for each party to implement
national strategies and action plans.
o Integrated: Addresses biodiversity conservation in the context of sustainable
development and environmental protection.
• Objectives:
o Conservation: Aims to conserve the diversity of life on Earth by protecting ecosystems
and species.
o Sustainable Use: Promotes the sustainable use of biodiversity resources to ensure their
long-term availability.
o Benefit Sharing: Ensures that benefits arising from the use of genetic resources are
shared fairly with the countries and communities providing those resources.

32. Powers and Functions of the National Biodiversity Authority (NBA)

The National Biodiversity Authority (NBA) is established under the Biological Diversity Act, 2002
to regulate and ensure the conservation of India's biological diversity. Its powers and functions are
crucial for the implementation of the Biodiversity Act and the protection of biodiversity.
Powers of the NBA

1. Regulation of Access:
o Section 3 of the Biological Diversity Act empowers the NBA to regulate access to
biological resources and associated traditional knowledge. This includes issuing permits
for the use of these resources for commercial and research purposes.
o The NBA ensures that such access complies with the conditions set by the Act,
including obtaining prior informed consent from local communities.
2. Granting Permissions:
o The NBA grants permissions for obtaining biological resources and traditional
knowledge. It ensures that these permissions are consistent with national biodiversity
strategies and policies.
 oThe NBA can also revoke permissions if the conditions of use are violated or if the
resources are exploited in a manner that harms biodiversity.
3. Approval of Proposals:
o Section 6 of the Act stipulates that the NBA is responsible for approving proposals
related to the use of biological resources and traditional knowledge for commercial
purposes.
o This includes evaluating the impact of such use on biodiversity and ensuring that the
benefits are shared equitably with the provider communities.
4. Regulation of Research:
o The NBA oversees and regulates research involving biological resources and traditional
knowledge. It ensures that research activities do not lead to the exploitation or depletion
of these resources.
5. Monitoring and Enforcement:
o The NBA monitors compliance with the Biodiversity Act and enforces regulations to
prevent illegal access to and use of biological resources and traditional knowledge.
o It has the authority to take legal action against violators of the Act's provisions.

Functions of the NBA

1. Policy Formulation:
o The NBA formulates policies and guidelines to support biodiversity conservation and
sustainable use. It plays a key role in shaping national biodiversity strategies and action
plans.
2. Coordination and Collaboration:
o Section 20 of the Act tasks the NBA with coordinating efforts between different
stakeholders, including government agencies, state biodiversity boards, and
international organizations.
o The NBA collaborates with other national and international bodies to address global
and regional biodiversity issues.
3. Public Awareness and Education:
o The NBA promotes awareness about the importance of biodiversity and conservation
through various programs and campaigns. It engages with the public to enhance
understanding and support for biodiversity initiatives.
4. Documentation and Database Management:
o The NBA is responsible for maintaining records and databases related to biological
resources, traditional knowledge, and access permissions. This documentation supports
effective management and policy-making.
5. Conflict Resolution:
o The NBA addresses and resolves disputes related to the use of biological resources and
traditional knowledge. It ensures that conflicts are handled fairly and in accordance
with the Act's provisions.
6. Advisory Role:
o The NBA advises the central government on matters related to biodiversity
conservation and the implementation of international agreements such as the
Convention on Biological Diversity (CBD).

33. Procedure and Effect of Registration of Plant Variety under the Protection of
Plant Varieties and Farmers' Rights Act, 2001

Procedure for Registration

1. Application Filing:
o Submission: An application for registration of a plant variety must be filed with the
Plant Varieties Registry. The application can be submitted by breeders, researchers, or
any person claiming to be the breeder of the variety.
 o Form: The application must be made in the prescribed format as outlined by the Act
and must include detailed information about the variety, including its distinctiveness,
uniformity, and stability.
2. Examination:
o Technical Examination: Upon receipt, the application is subjected to a technical
examination to assess the distinctiveness, uniformity, and stability of the variety. This
involves growing the variety and comparing it to other similar varieties.
o Verification: The examiner verifies the information provided in the application and
may seek additional details or clarification.
3. Publication:
o Public Notice: If the variety passes the technical examination, the details of the
application are published in the Plant Varieties Journal. This publication allows
interested parties to raise objections or oppositions within a specified period.
4. Grant of Certificate:
o Review: After considering any objections and verifying compliance, the registrar
reviews the application and the results of the examination.
o Certificate Issuance: If all conditions are met, the Plant Varieties Registrar grants a
certificate of registration. This certificate provides legal protection to the plant variety.
5. Renewal:
o Validity Period: The registration is valid for a specified period and may be renewed
upon application. Renewal involves submitting a request before the expiry of the
registration period and paying the requisite fee.

Effect of Registration

1. Legal Protection:
o Exclusive Rights: Registration provides the breeder with exclusive rights to produce,
sell, and distribute the plant variety. This includes the right to authorize or prohibit
others from using the variety.
o Intellectual Property: It establishes the breeder’s intellectual property rights over the
new variety, protecting it from unauthorized exploitation.
2. Recognition:
o Formal Recognition: Registration officially recognizes the variety and its breeder,
enhancing the breeder’s reputation and credibility in the agricultural sector.
3. Commercial Benefits:
o Market Advantage: The breeder can commercialize the variety and may receive
royalties or other financial benefits from the use of the variety by others.
o Licensing: The breeder can license the variety to others, creating opportunities for
collaboration and further development.
4. Legal Remedies:
o Enforcement: The breeder can seek legal remedies against infringement, including
unauthorized use or reproduction of the variety. This includes filing complaints and
pursuing legal action through the appropriate legal channels.

Duration of Registration

• Initial Duration: The registration of a plant variety under the Protection of Plant Varieties and
Farmers' Rights Act, 2001 is initially valid for 15 years from the date of grant.
• For Trees and Vines: For tree and vine varieties, the registration is valid for 18 years from the
date of grant.
• Renewal: The registration can be renewed for an additional period of 5 years at a time. For tree
and vine varieties, renewal is possible for an additional 10 years at a time.
34. Powers and Functions of the Protection of Plant Varieties and Farmers’ Rights
Authority

The Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) is established under the
Protection of Plant Varieties and Farmers' Rights Act, 2001. Its powers and functions are crucial for
the administration of plant variety protection and the rights of farmers.

Powers

1. Registration:
o Grant of Rights: Authority to grant certificates of registration for new plant varieties
and farmers' rights.
o Maintenance: Oversight and maintenance of the register of plant varieties.
2. Licensing:
o Issuance of Licenses: Power to issue licenses for the production, sale, and distribution
of registered plant varieties.
3. Compulsory Licensing:
o Granting Licenses: Authority to grant compulsory licenses for the use of plant
varieties under specific circumstances.
4. Enforcement:
o Infringement: Authority to take action against the infringement of plant variety rights.
5. Appeals:
o Review: Authority to review and adjudicate appeals against decisions made by the
Registrar or other related bodies.

Functions

1. Adjudication:
o Dispute Resolution: Resolving disputes related to the protection of plant varieties and
farmers' rights.
2. Regulation:
o Implementation: Enforcing regulations and procedures related to the registration and
protection of plant varieties.
3. Promotion:
o Awareness: Promoting awareness and understanding of plant variety rights and
farmers' rights.
4. Research and Development:
o Support: Supporting research and development initiatives in plant breeding and
protection.
5. Advisory Role:
o Guidance: Providing guidance to breeders, farmers, and other stakeholders on plant
variety rights and related issues.

35. Rights Recognised for the Farmer under the Plant Varieties and Farmers' Rights
Act, 2001

Rights of Farmers:

• Right to Save, Use, Exchange, and Sell Seeds (Section 39, PVFRA):
o Explanation: Farmers are granted the right to save seeds from their harvest, use them
for future planting, exchange them with other farmers, and sell them in markets. This
provision respects traditional agricultural practices and ensures that farmers have
control over their planting material.
 • Recognition of Traditional Knowledge (Section 2(1)(h), PVFRA):
o Explanation: The Act recognizes and values the contributions of farmers in developing
and conserving plant varieties. It acknowledges their traditional knowledge and
provides for its protection and reward.
• Rights to Benefits (Section 26, PVFRA):
o Explanation: Farmers are entitled to a share of the benefits derived from the
commercialization of plant varieties they have developed or conserved. This ensures
that farmers receive fair compensation for their contributions to plant breeding.
• Protection from Unauthorized Use (Section 39(2), PVFRA):
o Explanation: Farmers are protected from unauthorized use of their traditional varieties.
If their varieties are used commercially without consent, they have the right to seek
compensation.

36. Protections Available for Plant Varieties and Farmers' Rights

Protections for Plant Varieties:

• Exclusive Rights (Section 24, PVFRA):

o Explanation: Breeders of new plant varieties are granted exclusive rights to produce,
sell, and market their varieties. This protection ensures that only the authorized breeder
can exploit the commercial potential of the variety.
• Legal Framework (Sections 14-16, PVFRA):
o Explanation: Provides a comprehensive legal framework for the protection of plant
varieties. Sections 14 to 16 outline the criteria for registration, the scope of rights
conferred, and the enforcement mechanisms.
• Compensation Mechanisms (Section 26, PVFRA):
o Explanation: Mechanisms are in place to ensure that farmers receive compensation if
their varieties are used commercially without permission. This provision helps balance
the interests of breeders and farmers.

Protections for Farmers' Rights:

• Right to Claim Compensation (Section 39, PVFRA):

o Explanation: Farmers have the right to claim compensation for the use of their
traditional varieties or genetic resources. This ensures that farmers are rewarded for
their contributions to plant variety development.
• Recognition of Contributions (Section 2(1)(h), PVFRA):
o Explanation: The Act recognizes the significant contributions of farmers and provides
for their protection and reward, acknowledging their role in maintaining and developing
plant varieties.
• Legal Recourse (Section 44, PVFRA):
o Explanation: Farmers can seek legal recourse against unauthorized use of their plant
varieties. This includes the right to sue for damages and obtain injunctions to prevent
further infringement.

37. Legal Issues Relating to the Protection of Plant Varieties

Legal Issues:

• Infringement of Rights (Section 44, PVFRA):

o Explanation: Unauthorized use of registered plant varieties or traditional knowledge
can lead to legal disputes. Section 44 outlines the remedies available for infringements,
including injunctions and damages.
 • Enforcement Challenges (Section 42, PVFRA):
o Explanation: Enforcing rights can be challenging due to a lack of awareness or
resources among farmers. Effective enforcement mechanisms are necessary to ensure
compliance and protect farmers' rights.
• Patent vs. Plant Variety Protection:
o Explanation: Distinguishing between plant variety protection and patent protection can
be complex, particularly for genetically modified organisms. The Act provides specific
protections for plant varieties, which differ from those provided by patent laws.
• International Disputes:
o Explanation: Issues related to international treaties, such as the CBD, can affect plant
variety protection and farmers' rights. Navigating these international agreements and
their implications can be legally complex.
• Access and Benefit Sharing (CBD Provisions):
o Explanation: Ensuring fair access to genetic resources and benefit sharing under the
Convention on Biological Diversity (CBD) involves legal and administrative
challenges, particularly in balancing international and local interests.

38. Powers and Functions of Plant Varieties and Farmer's Rights Authorities

Powers:

• Registration Authority (Section 9, PVFRA):

o Explanation: The Authority has the power to register new plant varieties and grant
Plant Breeders' Rights (PBR). This involves a thorough examination of applications to
ensure that they meet the necessary criteria for registration.
• Dispute Resolution (Section 34, PVFRA):
o Explanation: The Authority can adjudicate disputes related to plant variety
registrations and infringements. This includes resolving conflicts between parties and
ensuring that rights and obligations are clearly defined.
• Regulatory Oversight (Section 16, PVFRA):
o Explanation: The Authority oversees compliance with the Act’s provisions, ensuring
that plant variety protection and farmers' rights are upheld. It monitors the activities of
breeders and farmers to ensure adherence to the regulations.

Functions:

• Administrative Duties:
o Explanation: The Authority maintains a registry of plant varieties and their breeders,
updating records as necessary to ensure accuracy and currency.
• Public Awareness (Section 20, PVFRA):
o Explanation: Promotes awareness of plant variety protection and farmers' rights
through educational initiatives, workshops, and information dissemination.
• Support for Farmers (Section 42, PVFRA):
o Explanation: Provides guidance and support to farmers regarding their rights under the
Act. This includes assisting with compensation claims and ensuring that farmers
understand their entitlements.

39. India’s Sui-Generis System for Protection of Plant Varieties

Overview of the Sui-Generis System:

• Definition:
 o Explanation: The term "sui-generis" means "unique" or "of its own kind." India's sui-
generis system for plant variety protection is a distinct legal framework specifically
designed to address the needs and nuances of plant variety protection, differing from
traditional intellectual property regimes like patents.

Key Features of India’s Sui-Generis System:

• Legislative Framework (Protection of Plant Varieties and Farmers' Rights Act, 2001):
o Explanation: The sui-generis system in India is established under the Protection of
Plant Varieties and Farmers' Rights Act, 2001 (PVFRA). This Act creates a specific set
of rules for the protection of plant varieties and the rights of farmers, acknowledging
the unique nature of agricultural innovation and practices.
• Plant Breeders' Rights:
o Explanation: The Act provides exclusive rights to breeders of new plant varieties,
allowing them to control the production, sale, and distribution of their varieties. These
rights incentivize innovation by granting breeders the ability to benefit commercially
from their creations.
• Farmers' Rights:
o Explanation: The system includes provisions that recognize and protect the
contributions of farmers. Farmers have rights to save, use, exchange, and sell seeds of
the varieties they cultivate. They are also entitled to compensation for their
contributions to the development and conservation of plant varieties.
• Registration and Enforcement:
o Explanation: The PVFRA establishes a mechanism for the registration of plant
varieties. It outlines procedures for registering new varieties, resolving disputes, and
enforcing rights. This includes the creation of the Protection of Plant Varieties and
Farmers' Rights Authority to oversee these functions.

Significance:

• Balance Between Innovation and Traditional Practices:

o Explanation: The sui-generis system balances the protection of plant breeders'
innovations with the preservation of traditional agricultural practices and farmers'
rights. This approach recognizes the contributions of both modern breeders and
traditional farmers.
• Compliance with International Obligations:
o Explanation: India's system aligns with international treaties, such as the International
Union for the Protection of New Varieties of Plants (UPOV) Convention, while
incorporating elements tailored to the Indian context.

40. Remedies Against Infringement of Plant Varieties and Farmers' Rights

Remedies:

• Injunctions (Section 44, PVFRA):

o Explanation: Courts can issue injunctions to prevent the further infringement of plant
variety rights. An injunction is a legal order that prohibits the infringer from continuing
the infringing activity, thereby stopping the misuse of the protected variety.
• Damages (Section 44, PVFRA):
o Explanation: Victims of infringement can claim damages for the financial losses they
have suffered due to the unauthorized use of their plant varieties. This remedy is
designed to compensate the rights holder for any economic harm caused by the
infringement.
• Account of Profits (Section 44, PVFRA):
 o Explanation: This remedy involves calculating and recovering the profits that the
infringer has made from the unauthorized use of the plant variety. It ensures that the
infringer does not benefit financially from the infringement.
• Civil and Criminal Penalties (Section 44, PVFRA):
o Explanation: The Act provides for civil remedies as well as criminal penalties for
severe cases of infringement. Criminal penalties may include fines or imprisonment for
those found guilty of intentional infringement.

Additional Measures:

• Administrative Actions:
o Explanation: The Protection of Plant Varieties and Farmers' Rights Authority can take
administrative actions to address violations, including issuing cease-and-desist orders
and conducting investigations.
• Dispute Resolution (Section 34, PVFRA):
o Explanation: Provides a mechanism for resolving disputes related to the infringement
of plant variety rights. This process helps to clarify rights and obligations and ensures
that violations are addressed in a timely manner.

41. Compulsory License of Plant Varieties

Definition and Conditions:

• Compulsory License (Section 43, PVFRA):

o Explanation: A compulsory license allows a third party to use a plant variety without
the authorization of the rights holder, under specific conditions. This mechanism is used
to ensure that plant varieties are accessible to the public, especially in cases where they
are not being commercially exploited or are priced unreasonably high.

Conditions for Issuance:

• Non-Exploitation (Section 43(1), PVFRA):

o Explanation: A compulsory license can be issued if the plant variety is not being
commercially exploited or if it is not available to the public at a reasonable price. This
ensures that plant varieties are utilized effectively and are accessible to farmers and the
public.
• Application Process (Section 43(2), PVFRA):
o Explanation: The process involves submitting an application to the Protection of Plant
Varieties and Farmers' Rights Authority, which evaluates whether the conditions for
granting a compulsory license are met.

Revocation:

• Revocation Conditions (Section 43(3), PVFRA):

o Explanation: A compulsory license can be revoked if the conditions leading to its
issuance are no longer applicable. This includes situations where the plant variety is
being commercially exploited or if the licensee fails to comply with the terms and
conditions.

42. Contribution of the Paris and Berne Conventions to International Protection of

IPRs

Paris Convention (1883):

 • Harmonization of IP Protection:
o Explanation: The Paris Convention established minimum standards for the protection
of industrial property, including patents and trademarks. It harmonizes the protection of
IP rights across member countries, ensuring that IP owners receive consistent treatment
globally.
• Right of Priority (Article 4):
o Explanation: Allows applicants to claim priority for their IP filings in other member
countries within a specified period, preserving their initial filing date and providing a
grace period for international protection.
• Protection Against Unfair Competition (Article 10bis):
o Explanation: Prohibits acts of unfair competition, such as false or misleading
indications of origin, and ensures fair practices in the market, protecting the reputation
of businesses and consumers.

Berne Convention (1886):

• Automatic Copyright Protection (Article 5):

o Explanation: Grants automatic protection to literary and artistic works without the
need for registration. This ensures that creators' rights are recognized from the moment
of creation.
• Minimum Protection Standards (Article 9):
o Explanation: Establishes minimum standards for copyright protection, including the
duration of protection and the scope of rights granted to authors, ensuring consistent
protection across member countries.
• Moral Rights (Article 6bis):
o Explanation: Recognizes authors' moral rights, including the right to attribution and
protection against derogatory treatment of their work, which enhances the protection of
the personal connection between authors and their creations.

43. Importance of TRIPS Agreement for the Development of Intellectual Property

Rights

Significance of TRIPS:

• Uniform Standards (Article 1):

o Explanation: TRIPS sets minimum standards for the protection and enforcement of
intellectual property rights (IPRs) across member countries, promoting consistency and
predictability in global IP law.
• Encouragement of Innovation (Article 7):
o Explanation: Strengthens IP protection, incentivizing innovation and investment in
research and development by providing legal safeguards for new inventions and
creations. This fosters technological advancement and economic growth.
• Dispute Resolution Mechanism (Article 23):
o Explanation: Provides a structured mechanism for resolving disputes between member
countries related to IPRs. The dispute resolution process ensures that IP rights are
upheld and enforced, maintaining international trade relations.
• Support for Developing Countries (Article 66):
o Explanation: Includes provisions for technical assistance and capacity building to help
developing countries implement and benefit from the TRIPS Agreement. This supports
the global development of IP systems and promotes equitable access to technological
advancements.
44. Provisions of the Paris Convention

Key Provisions:

• National Treatment (Article 2):

o Explanation: Ensures that nationals of one member country receive the same treatment
as nationals of the host country concerning IP protection. This provision guarantees
equal protection and prevents discrimination against foreign IP holders.
• Right of Priority (Article 4):
o Explanation: Allows applicants to claim priority for their IP filings in other member
countries within a specified period, preserving their initial filing date and providing a
grace period for international protection.
• Protection Against Unfair Competition (Article 10bis):
o Explanation: Prohibits acts of unfair competition, such as false or misleading
indications of origin, and ensures fair practices in the market. This provision protects
businesses and consumers from deceptive practices.
• Protection of Industrial Property (Article 5):
o Explanation: Covers patents, trademarks, and designs, ensuring protection against
infringement and misuse. This provision establishes a framework for enforcing IP rights
and addressing violations.

45. WTO- DOHA Negotiation Developments

Overview of the Doha Development Round:

• Initiation and Objectives:

o Background: The Doha Development Round, launched at the Fourth Ministerial
Conference in Doha, Qatar, in 2001, aimed to address global trade issues with a focus
on development. The key objective was to enhance trade opportunities for developing
countries and to improve their integration into the global trading system.
• Key Negotiation Areas:
o Agriculture:
▪ Explanation: One of the primary focus areas was reducing agricultural
subsidies in developed countries and improving market access for agricultural
products from developing countries. The goal was to level the playing field and
enhance food security and agricultural development in poorer nations.
o Non-Agricultural Market Access (NAMA):
▪ Explanation: Aimed at reducing tariffs and non-tariff barriers on industrial
goods and services. This was intended to increase trade in manufactured goods
and services by making markets more accessible.
o Trade Facilitation:
▪ Explanation: Negotiations sought to streamline customs procedures and reduce
trade-related transaction costs, thereby improving efficiency in global trade
logistics.
o Development Issues:
▪ Explanation: The round included discussions on how trade rules could better
support development goals, such as providing technical assistance and capacity
building for developing countries.
• Public Health Flexibility:
o Doha Declaration on TRIPS and Public Health:
▪ Explanation: Adopted in 2001, this declaration addressed concerns about
access to medicines. It affirmed that TRIPS should not prevent members from
taking measures to protect public health. It allowed countries to override patent
 rights in case of health crises, enabling the production and importation of
generic medicines.
o Implications: The declaration provided a legal framework for countries to balance
intellectual property rights with public health needs, ensuring that essential medicines
remain accessible to those in need.
• Challenges and Stagnation:
o Negotiation Deadlocks:
▪ Explanation: Despite initial progress, negotiations faced challenges and
deadlocks, particularly over contentious issues such as agricultural subsidies and
market access. Differences in priorities between developed and developing
countries led to protracted negotiations and a lack of consensus.
o Current Status:
▪ Explanation: As of now, the Doha Round has not been concluded, and many
issues remain unresolved. Efforts continue within the WTO framework to
address these issues and achieve a balanced outcome that supports global trade
and development.

46. Provisions of the Berne Convention

Overview of the Berne Convention:

• Historical Background:
o Adopted: The Berne Convention for the Protection of Literary and Artistic Works was
first adopted in 1886 and has been revised several times. It represents one of the earliest
international treaties aimed at protecting copyright.

Key Provisions:

• Automatic Protection (Article 5):

o Explanation: Grants automatic copyright protection to literary and artistic works
without the need for registration or formalities. This ensures that works are protected
from the moment of their creation, simplifying the process of obtaining copyright.
• Minimum Protection Standards (Article 9):
o Explanation: Establishes minimum standards for copyright protection, including the
scope of rights granted to authors and the duration of protection. It ensures that all
member countries provide a baseline level of protection for copyright works.
• Moral Rights (Article 6bis):
o Explanation: Recognizes authors' moral rights, including the right to attribution and
protection against derogatory treatment of their work. This provision emphasizes the
personal connection between authors and their creations, ensuring that their reputation
is safeguarded.
• Right of Translation (Article 8):
o Explanation: Grants authors exclusive rights to authorize translations of their works.
This provision allows authors to control how their works are adapted into other
languages and ensures that they benefit from translations.
• Term of Protection (Article 7):
o Explanation: Establishes the duration of copyright protection, generally lasting for the
life of the author plus 50 years. This provision ensures that authors and their heirs
benefit from the protection of their works for a significant period.
• Exclusive Rights (Article 9):
o Explanation: Provides authors with exclusive rights to reproduce, distribute, and
publicly perform their works. This allows authors to control how their works are used
and to benefit economically from their creations.
47. Dispute Settlement System of WTO

Overview of the WTO Dispute Settlement System:

• Purpose and Structure:

o Objective: The dispute settlement system aims to resolve trade disputes between WTO
member countries and ensure compliance with WTO agreements. It provides a
structured process for addressing disputes and enforcing trade rules.
• Panel Process:
o Initiation (Article 6):
▪ Explanation: Disputes are initiated by a member country that believes another
member has violated WTO agreements. The complaining party requests the
establishment of a panel to examine the issue.
o Panel Composition and Procedure (Article 8-12):
▪ Explanation: Panels are composed of independent experts who assess the
evidence and arguments presented by the parties. Panels issue reports based on
their findings and make recommendations for resolving the dispute.
• Appellate Body:
o Function (Article 17):
▪ Explanation: Provides an appellate mechanism for reviewing panel decisions.
The Appellate Body can uphold, modify, or reverse panel rulings, ensuring a
thorough and fair review of decisions.
o Composition and Procedure (Article 17):
▪ Explanation: Consists of seven members appointed by the WTO Dispute
Settlement Body. The Appellate Body reviews panel reports and issues final
rulings.
• Implementation and Compliance:
o Implementation of Rulings (Article 21):
▪ Explanation: Member countries are required to comply with WTO rulings and
implement necessary changes to their trade practices. The Dispute Settlement
Body monitors compliance and ensures that rulings are effectively implemented.
• Retaliatory Measures:
o Explanation: If a member fails to comply with a ruling, the complaining party may
request authorization to impose retaliatory measures, such as trade sanctions. This
provides an incentive for members to adhere to the dispute settlement outcomes.

48. International Treaty on Plant Genetic Resources, 2001 (ITPGR)

Overview of the ITPGR:

• Objective:
o Explanation: The International Treaty on Plant Genetic Resources for Food and
Agriculture (ITPGR) aims to promote the conservation and sustainable use of plant
genetic resources. It addresses global challenges related to food security and
agricultural biodiversity.

Key Provisions:

• Access and Benefit Sharing (Articles 10-13):

o Explanation: Establishes mechanisms for fair and equitable sharing of benefits derived
from the use of plant genetic resources. It ensures that benefits, such as monetary
rewards or knowledge, are shared with the communities and countries providing the
resources.
 • Global Seed Bank (Article 15):
o Explanation: Supports the creation and maintenance of a global seed bank to preserve
plant genetic diversity. This repository ensures that plant genetic resources are
safeguarded for future generations and can be accessed in times of need.
• Sustainable Use (Article 6):
o Explanation: Promotes the sustainable use of plant genetic resources to maintain
biodiversity and support agricultural productivity. This provision encourages practices
that conserve plant diversity while supporting food security.
• Farmers' Rights (Article 9):
o Explanation: Recognizes and protects the rights of farmers, including their
contributions to the development and conservation of plant genetic resources. It ensures
that farmers have access to resources and benefit from their use.

49. Protections Available to Geographical Indicators under TRIPS

Protections under TRIPS:

• Protection Against Misleading Use (Article 22):

o Explanation: TRIPS provides protection against the use of geographical indications
that mislead consumers about the origin of goods. This prevents unfair competition and
ensures that products are accurately represented.
• Recognition of Well-Known Indicators (Article 23):
o Explanation: Offers additional protection to geographical indications recognized as
well-known, even if the goods are not produced in the geographical area indicated. This
provision helps safeguard the reputation of well-known geographical indications
globally.
• Scope of Protection (Article 22):
o Explanation: Includes protection against any use of a geographical indication that
constitutes unfair competition, such as false claims of origin or imitation of well-known
indications. This broad protection helps prevent misuse and misrepresentation of
geographical indicators.
• Legal Remedies and Enforcement (Article 41):
o Explanation: Provides for legal remedies and enforcement mechanisms to address
violations of geographical indications. This includes actions to stop the infringement
and remedies for damages, ensuring effective protection of geographical indicators.

50. Short Notes on Bio Piracy

Definition and Context:

• Bio Piracy: Refers to the unauthorized and often unlawful appropriation of biological
resources and traditional knowledge from indigenous communities. It involves the exploitation
of genetic materials, plants, or traditional practices without proper consent or fair compensation
to the source communities.
• Examples: The extraction of medicinal plants from indigenous regions for pharmaceutical use
without compensating the local communities or obtaining consent.

Legal and Ethical Issues:

• Intellectual Property Rights (IPR): Bio piracy often involves the misuse of intellectual
property systems to claim patents on genetic resources or traditional knowledge, which were
originally developed by indigenous peoples.
 • International Concerns: It raises significant ethical issues regarding the exploitation of
traditional knowledge and biodiversity. The Convention on Biological Diversity (CBD)
addresses these issues by promoting access and benefit-sharing.

Regulatory Framework:

• Convention on Biological Diversity (CBD): Emphasizes the need for consent and fair sharing
of benefits derived from the use of biological resources and traditional knowledge. Article 8(j)
focuses on the protection and promotion of traditional knowledge.
• National Legislation: Countries like India have enacted laws, such as the Biological Diversity
Act, 2002, to prevent bio piracy by regulating access to biological resources and ensuring that
benefits are shared with the source communities.

Challenges and Solutions:

• Enforcement: Difficulties in enforcing regulations and ensuring compliance by multinational

corporations.
• Proposals: Strengthening international agreements, increasing transparency, and involving
local communities in decision-making processes are crucial for combating bio piracy.

51. Short Notes on Equitable Sharing of Benefit

Concept and Importance:

• Definition: Equitable sharing of benefits involves distributing the advantages derived from the
use of biological resources and traditional knowledge fairly among all stakeholders,
particularly the source communities.
• Purpose: Ensures that the benefits, whether financial or otherwise, from the utilization of
genetic resources are shared with the communities that provide these resources, thereby
promoting justice and sustainability.

International Framework:

• Convention on Biological Diversity (CBD): Article 15 mandates the fair and equitable
sharing of benefits arising from the use of genetic resources. This includes monetary benefits
like royalties and non-monetary benefits like technology transfer and capacity building.
• Nagoya Protocol: An extension of the CBD that provides detailed guidelines for access and
benefit-sharing (ABS), setting out procedures for obtaining prior informed consent (PIC) and
establishing mutually agreed terms (MAT).

Implementation:

• Access and Benefit-Sharing Agreements: Contracts between resource users and source
communities that outline how benefits will be shared. These agreements should ensure
transparency and fairness.
• National Legislation: Countries are required to implement national regulations to facilitate the
equitable sharing of benefits, as exemplified by India’s Biological Diversity Act, 2002.

Challenges:

• Negotiation Complexity: The process of negotiating benefit-sharing agreements can be

complex and lengthy.
• Monitoring and Enforcement: Ensuring compliance and monitoring the distribution of
benefits can be challenging.
52. Short Notes on Plant Breeders' Rights

Overview:

• Definition: Plant Breeders' Rights (PBR) are intellectual property rights granted to the breeders
of new plant varieties. These rights give breeders exclusive control over the propagation, sale,
and commercialization of their varieties.
• Purpose: Encourages innovation and investment in plant breeding by providing legal
protection to new and distinct plant varieties.

International Framework:

• UPOV Convention: The International Union for the Protection of New Varieties of Plants
(UPOV) establishes standards for plant breeders' rights. It sets criteria for distinctiveness,
uniformity, and stability of plant varieties.
• Article 5 of UPOV Convention: Details the rights conferred to breeders, including the right to
authorize or prohibit the production, reproduction, and sale of their plant varieties.

National Legislation:

• Plant Varieties Protection Act, 2001: In India, this Act provides legal protection to plant
breeders by granting exclusive rights to new varieties. It includes provisions for registration,
protection, and enforcement of breeders’ rights.

Rights and Exceptions:

• Rights Granted: Breeders can control the use of their varieties and receive royalties. Rights
extend to harvested material and products derived from the plant.
• Exceptions: Includes rights for farmers to save and use seeds from their harvest, and for
research purposes, provided the use does not affect the breeder's commercial interests.

Challenges:

• Enforcement: Ensuring compliance and preventing unauthorized use of protected varieties can
be difficult.
• Balancing Interests: Balancing the interests of breeders with those of farmers and researchers.

53. Short Notes on National Gene Fund

Purpose and Function:

• Definition: The National Gene Fund is a fund established to promote and support the
conservation and sustainable use of biological resources, particularly focusing on the
collection, conservation, and research of plant genetic resources.
• Objectives: To finance activities related to the conservation of genetic resources, support
research, and facilitate access to these resources for the benefit of society.

Legal Framework:

• Biological Diversity Act, 2002: Establishes the National Gene Fund under Section 26 of the
Act. The Fund is used to support activities that contribute to the conservation of biological
diversity and the implementation of access and benefit-sharing provisions.
Functions:

• Funding: Provides financial support for projects related to the conservation of genetic
resources and the development of databases and repositories.
• Promotion: Encourages the conservation of plant varieties and other genetic resources by
funding research and development activities.

Management:

• Governance: Managed by the National Biodiversity Authority (NBA) or a designated

authority, which oversees the allocation and utilization of funds in line with national
conservation goals.

Challenges:

• Resource Allocation: Ensuring that funds are used effectively and reach the intended
conservation projects.
• Monitoring and Evaluation: Regular assessment of funded projects to ensure they meet their
objectives.

54. Short Notes on Benefit Claimers

Definition and Role:

• Benefit Claimers: Refers to individuals or entities who claim entitlement to benefits derived
from the use of biological resources and traditional knowledge. This may include indigenous
communities, local farmers, or organizations involved in the conservation or research of
genetic resources.
• Purpose: To ensure that those who contribute to the conservation and provision of genetic
resources or traditional knowledge receive a fair share of the benefits resulting from their use.

Legal Framework:

• Convention on Biological Diversity (CBD): Emphasizes the need for fair and equitable
sharing of benefits. Article 15 requires countries to recognize and ensure the participation of
indigenous and local communities in benefit-sharing agreements.
• National Legislation: Countries like India have provisions under the Biological Diversity Act,
2002, to recognize and address the rights of benefit claimers.

Claim Process:

• Documentation: Benefit claimers need to document their contributions to the genetic

resources or traditional knowledge. This may include evidence of traditional practices or
conservation efforts.
• Negotiation: Engage in negotiations to establish terms for the sharing of benefits. This
typically involves agreements with entities that utilize these resources.

Challenges:

• Verification: Verifying the claims and contributions of benefit claimers can be complex.
• Legal Recognition: Ensuring that all benefit claimers are legally recognized and appropriately
compensated can be challenging.
55. Short Notes on Doctrine of Fair Use

Concept and Application:

• Definition: The Doctrine of Fair Use allows limited use of copyrighted material without
permission from the copyright holder, under certain conditions. It aims to balance the rights of
copyright owners with public interests in the dissemination of knowledge and information.
• Purpose: To enable uses of copyrighted works that benefit society, such as for criticism,
comment, news reporting, teaching, scholarship, or research.

Legal Framework in India:

• Copyright Act, 1957: Section 52(1) provides exceptions to copyright infringement, outlining
circumstances where fair use is permitted. Key exceptions include:
o Criticism and Review: Using copyrighted material for criticism or review, with proper
attribution.
o Educational Purposes: Reproduction of works for educational or research purposes.
o News Reporting: Use of works for reporting news, provided it is not commercial.

Factors for Fair Use:

• Purpose and Character: Use for non-commercial, educational, or transformative purposes is

more likely to be considered fair.
• Nature of the Work: Factual works are more likely to be subject to fair use compared to
creative works.
• Amount and Substantiality: The amount of material used should be reasonable and not
exceed what is necessary for the purpose.
• Effect on Market Value: Use should not negatively impact the market value or potential
earnings of the original work.

Challenges:

• Subjectivity: Determining fair use can be subjective and varies depending on the jurisdiction
and specific circumstances.

56. Short Notes on Biological Resources and Traditional Knowledge

Biological Resources:

• Definition: Biological resources include genetic material, plants, animals, microorganisms, and
other components of biological diversity that have actual or potential value.
• Importance: These resources are crucial for agriculture, medicine, and environmental
sustainability. They support ecosystem functions and contribute to human well-being.

Traditional Knowledge:

• Definition: Traditional knowledge refers to the wisdom, practices, and innovations developed
and passed down through generations within indigenous and local communities.
• Examples: Includes knowledge related to medicinal plants, agricultural practices, and cultural
traditions.

Legal Framework:
 • Convention on Biological Diversity (CBD): Article 8(j) focuses on the protection and
promotion of traditional knowledge. It ensures that traditional knowledge is respected and that
benefits derived from its use are shared with the communities that developed it.
• National Legislation: Countries like India have enacted laws, such as the Biological Diversity
Act, 2002, to protect biological resources and traditional knowledge, ensuring that access and
benefit-sharing are managed fairly.

Challenges:

• Protection and Recognition: Ensuring that traditional knowledge is recognized and protected
against unauthorized use and bio piracy.
• Integration: Balancing the use of biological resources with respect for traditional knowledge
and the rights of indigenous communities

PRACTICAL QUESTIONS

1. Teacher Using Copyrighted Musical Work

Issue:

• A teacher used a copyrighted musical work for teaching music in a college without permission
from the copyright owner.

Analysis:

• Copyright Act, 1957 (Section 52): Section 52(1)(i) of the Copyright Act allows for the use of
a work for the purpose of instruction or examination, provided it is not for commercial
purposes. This section provides an exception to copyright infringement for educational
institutions.
• Educational Use: The use of copyrighted music in a teaching environment can be permissible
under fair use provisions if it is strictly for educational purposes and not for commercial gain.

Decision:

• The teacher's use of the musical work for educational purposes in a college is likely covered
under the fair use provision of Section 52. However, if the music was used for purposes beyond
teaching or for commercial activities, permission would be necessary.

2. Compulsory Licence for Plant Variety

Issue:

• A person with a compulsory license for a registered plant variety faces a situation where the
breeder fails to provide necessary seeds.

Analysis:

• Protection of Plant Varieties and Farmers' Rights Act, 2001 (Section 84): This Act
provides for compulsory licensing when a plant variety is not available to the public at
reasonable prices. However, the breeder must provide the necessary seeds as stipulated under
the license conditions.
 • License Conditions: If the breeder fails to supply seeds, it constitutes a breach of the
compulsory license agreement.

Decision:

• The person with the compulsory license can seek legal recourse against the breeder for failing
to provide the necessary seeds. This can include filing a complaint with the Plant Varieties
Protection Authority or seeking redressal through judicial means.

3. Architect and Copyright in Design

Issue:

• An architect creates a design for a multistoreyed building. Can the contractor who constructs
the building claim copyright in the design?

Analysis:

• Copyright Act, 1957 (Section 2(c) and Section 13): The architect who creates the design
holds copyright in the architectural work. The contractor, who merely constructs the building
according to the architect's design, does not have rights to the design itself.
• Ownership of Copyright: The copyright in architectural designs belongs to the creator
(architect) and not to those who construct the building based on that design.

Decision:

• The contractor cannot claim copyright in the architectural design. The rights to the design
remain with the architect who created it.

4. Registration of Textile Designs

Issue:

• A textile manufacturer created and displayed certain designs in the showroom. Can these
designs be registered?

Analysis:

• Designs Act, 2000 (Section 4): For a design to be registered, it must be new, original, and not
previously published in India or elsewhere. The design must also be applied to an article and
have an industrial application.
• Display in Showroom: Displaying the design in a showroom does not constitute publication
that would preclude registration if the design meets the criteria of novelty and originality.

Decision:

• The textile manufacturer can apply for registration of the design if it meets the requirements
under the Designs Act. Displaying the design does not automatically disqualify it from
registration.

5. Unauthorized Circulation of Research Report

Issue:
 • 'H' conducted a research study and his report was circulated in the Loksabha without his
permission.

Analysis:

• Copyright Act, 1957 (Section 52): Section 52 provides exceptions for the use of copyrighted
works in the course of reporting current events, but unauthorized circulation of a research
report, especially for legislative purposes, may infringe copyright.
• Rights of the Author: 'H' has the right to control the reproduction and distribution of his work.

Decision:

• 'H' can bring legal action against the unauthorized circulation of his research report. Such use
without permission infringes his copyright, and he can seek remedies under the Copyright Act.

6. Cancellation of Registration of Plant Variety

Issue:

• 'Z', a registered breeder, had their registration canceled by the authority without providing
reasons.

Analysis:

• Protection of Plant Varieties and Farmers' Rights Act, 2001 (Section 30): The Act requires
that decisions, including cancellations, be made with due process and that the reasons for such
decisions be communicated.
• Right to Appeal: A breeder whose registration is canceled has the right to appeal the decision
if it was made without proper justification.

Decision:

• 'Z' can file a case against the authority challenging the cancellation of registration if it was done
without providing reasons. The breeder has the right to seek judicial review.

7. Copyright in Design of Globes

Issue:

• 'Y' Company manufactures globes mounted on wooden frames, while another company uses
gold frames. The other company claims copyright in the design of the gold frame.

Analysis:

• Copyright Act, 1957 (Section 15): Copyright protection applies to original literary, dramatic,
musical, and artistic works. Design alone, such as the frame's material, may not be protected
unless it involves original artistic elements.
• Novelty and Designability: The gold frame may be considered a design if it involves
originality and creativity. However, copyright protection is unlikely for the frame's material
alone.

Decision:
 • The other company may not be granted copyright for the gold frame if it lacks artistic
originality. Protection for designs generally requires more than just the material used.

8. Paraphrasing of Fictional Work

Issue:

• 'Y' paraphrases 10 chapters from 'X's fictional work. Has 'Y' infringed 'X's copyright?

Analysis:

• Copyright Act, 1957 (Section 2(m)): Copyright infringement occurs if a new work reproduces
substantial parts of a copyrighted work without permission. Even paraphrasing or changing the
wording may infringe if it involves significant portions of the original work.
• Substantial Similarity: If 'Y's work is substantially similar to 'X's original work in terms of
expression, it constitutes infringement.

Decision:

• 'Y' has likely infringed 'X's copyright if the paraphrased work closely mirrors the original
chapters. 'X' can seek legal remedies for copyright infringement.

9. Refusal for Correction of Register

Issue:

• The registrar under the Protection of Plant Varieties and Farmers' Rights Act refuses to accept
an oral request for correction of the register.

Analysis:

• Protection of Plant Varieties and Farmers' Rights Act, 2001 (Section 30): The Act requires
that formal applications be submitted in writing for corrections to the register. Oral requests are
not considered valid.
• Right to Challenge: A refusal based on improper procedure can be challenged if the registrar’s
actions do not comply with the Act’s requirements.

Decision:

• The refusal can be challenged if the application was not properly considered. The breeder
should submit a formal written application as per the Act's requirements.

10. Registration of Car-Shaped Paperweight

Issue:

• 'A' has a paperweight in the shape of a car. Is it registrable?

Analysis:

• Designs Act, 2000 (Section 2(d)): A design must be new, original, and have an industrial
application to be registrable. The design must also be applied to an article.
 • Functional Aspects: If the car shape has functional or aesthetic features, it may be registrable
if it meets the criteria for originality and novelty.

Decision:

• The paperweight may be registrable if the design of the car shape is original and has not been
previously disclosed. The design must be evaluated for novelty and industrial application.

11. Copyright in Single Artistic Word

Issue:

• 'A' claims copyright for a single word written in an artistic manner.

Analysis:

• Copyright Act, 1957 (Section 2(c)): Copyright protection extends to original literary,
dramatic, musical, and artistic works. A single word, even if artistically presented, typically
does not qualify for copyright unless it involves significant creativity and originality.
• Artistic Work: Copyright protection usually requires more than just artistic presentation of a
single word. It generally applies to more extensive creative works.

Decision:

• 'A' is unlikely to claim copyright for a single word, as it does not meet the threshold for
originality and creativity required for copyright protection.