1(a) Define Intellectual Property.

What are the main

objectives in having Intellectual Property Rights (IPR)
protected? Explain the different types of Intellectual
Properties with an example of each.
Definition of Intellectual Property (IP)
Intellectual Property (IP) refers to creations of the human
mind that are legally recognized and protected. These
creations include inventions, artistic works, brand names,
symbols, industrial designs, trade secrets, and
geographical indications.
IP protection grants exclusive rights to the creator or inventor
for a specific period, allowing them to control the use,
distribution, and commercialization of their work.

Objectives of Intellectual Property Protection

1. Encouraging Innovation and Creativity – IP protection
provides incentives for inventors, businesses, and artists
to invest in research and creative work.
2. Economic Growth and Competitive Advantage –
Strong IP laws attract investment and help businesses
gain a competitive edge in the market.
3. Prevention of Unauthorized Use and Piracy – Protects
original works and inventions from being copied or
stolen.
4. Consumer Protection and Market Credibility –
Ensures that consumers receive authentic, high-
quality products rather than counterfeits.
5. International Trade and Global Recognition – Many
trade agreements require strong IP protection, enabling
companies to expand internationally.
 6. Preservation of Cultural and Traditional Knowledge
– Helps protect indigenous and traditional knowledge
from exploitation.

Types of Intellectual Property with Examples

1. Patents – Protects new inventions that are novel,
inventive, and industrially applicable.
o Example: Pfizer’s patent for the COVID-19 vaccine
prevents other companies from producing the exact
formulation.
2. Copyrights – Protects literary, artistic, and musical
works.
o Example: J.K. Rowling’s Harry Potter series is
copyrighted, preventing unauthorized reproduction.
3. Trademarks – Protects brand names, symbols, and
logos.
o Example: Nike’s “Swoosh” logo is trademarked and
cannot be used by competitors.
4. Geographical Indications (GI) – Protects products
linked to a specific region.
o Example: Darjeeling Tea can only be labeled as such
if it comes from the Darjeeling region.
5. Industrial Designs – Protects the aesthetic or
ornamental design of a product.
o Example: The unique shape of the Coca-Cola bottle
is an industrial design.
6. Trade Secrets – Protects confidential business
information that provides a competitive advantage.
o Example: Coca-Cola’s secret formula is protected as
a trade secret.
1(b) What is a Patent? What are the basic requirements
for patentability? Enlist 8 aspects that are not
patentable under Indian Law. Enlist a few patent offices
in India.
Definition of a Patent
A patent is a legal right granted for a new and useful
invention, which can be a product, process, or improvement of
an existing technology.
Patents provide exclusive rights for 20 years, preventing
others from making, using, selling, or distributing the invention
without permission.

Basic Requirements for Patentability

To be granted a patent under The Patents Act, 1970, an
invention must satisfy the following criteria:
1. Novelty (Newness) – The invention must be new and
not previously disclosed anywhere in the world.
2. Inventive Step (Non-Obviousness) – It must not be an
obvious improvement over existing knowledge.
3. Industrial Applicability – The invention must be
capable of being used in an industry.
4. Patentable Subject Matter – The invention must not fall
into a non-patentable category.

8 Aspects Not Patentable Under Indian Law (Section 3 of

the Indian Patent Act, 1970)
1. Frivolous Inventions – Those that lack practical utility.
2. Scientific Discoveries and Abstract Theories –
Fundamental laws of nature (e.g., Newton’s Laws).
3. Mathematical Methods and Business Strategies –
Algorithms, financial methods.
 4. Medical Treatments – Surgical procedures, therapies,
and treatment methods.
5. Traditional Knowledge – Existing indigenous knowledge
cannot be patented.
6. Aesthetic Creations – Works of art, literature, or
cinematography (covered under copyright).
7. Perpetual Motion Machines – Devices that claim to
work indefinitely without an external energy source.
8. Agricultural Methods – Farming techniques, seed
propagation methods.

Patent Offices in India

1. Kolkata – Indian Patent Office Headquarters.
2. Mumbai – Regional Patent Office.
3. Chennai – Regional Patent Office.
4. New Delhi – Regional Patent Office.

1(c) What is Copyright? Why should Copyright be

protected? For which classes of work is copyright
protection available in India?
Definition of Copyright
Copyright is a legal protection given to creators of literary,
artistic, musical, and dramatic works, granting them
exclusive control over reproduction, distribution, and public
performance.

Why Should Copyright Be Protected?

1. Encourages Creativity – Ensures fair compensation
for creators.
2. Prevents Unauthorized Use – Protects against piracy
and plagiarism.
 3. Supports Economic Growth – Copyright-driven
industries contribute significantly to national GDP.
4. Ensures Cultural and Artistic Preservation – Protects
indigenous and cultural expressions.

Classes of Work Protected Under Indian Copyright Law

1. Literary Works – Books, articles, software programs.
2. Dramatic Works – Scripts, plays.
3. Musical Works – Compositions, songs.
4. Artistic Works – Paintings, sculptures, photographs.
5. Cinematographic Films – Movies, documentaries.
6. Sound Recordings – Albums, podcasts.
7. Broadcasts & Performances – TV shows, radio
broadcasts.

1(d) Need for Strong Intellectual Property Rights (IPR) in

India & Patent Filing Process
Need for Strong IPR in India
1. Encourages Research & Development – Incentivizes
innovation and investment.
2. Prevents Unauthorized Use – Stops counterfeiting and
piracy.
3. Boosts Economic Growth – Attracts foreign
investment and protects startups.
4. Promotes International Trade – Aligns India with
global IP standards.

Patent Filing Process in India

1. Patent Search – Checking for existing patents.
 2. Drafting the Specification – Providing a detailed
description.
3. Filing the Application – Provisional or complete filing.
4. Publication – The patent is published after 18 months.
5. Examination – A patent examiner reviews the
application.
6. Grant or Refusal – The patent is granted if it meets all
legal requirements.

2(a) Explain what are the features and objectives of the

National IPR Policy 2016?
Introduction to the National IPR Policy 2016
The National Intellectual Property Rights (IPR) Policy,
2016, was introduced by the Government of India to create
a strong and comprehensive IP framework. It aligns with
the TRIPS Agreement and aims to strengthen IP protection,
enforcement, and commercialization in India .

Objectives of the National IPR Policy 2016

1. IPR Awareness: Outreach and Promotion
o Spreading awareness about IPR laws, benefits,
and enforcement.
o Promoting IP education in universities, R&D
institutions, and businesses.
2. Stimulating IP Generation
o Encouraging R&D, innovation, and creativity in
businesses, startups, and academia.
o Strengthening patent filing mechanisms to
increase India's global IP presence.
3. Legal and Legislative Framework
 o Ensuring that India’s IP laws comply with
international treaties such as TRIPS, WIPO, and
Berne Convention.
o Periodic review of IP laws to address new
challenges like digital piracy and biotechnology
patents.
4. Administration and Management of IP
o Modernizing IP offices, recruitment of skilled IP
professionals, and digitalizing patent filings.
o Reducing backlogs and delays in patent and
trademark approvals.
5. Commercialization of IPR
o Encouraging the licensing and monetization of
patents, trademarks, and copyrights.
o Establishing Technology Transfer Offices (TTOs)
in universities to convert research into commercial
products.
6. Enforcement and Adjudication
o Strengthening IP enforcement mechanisms to
prevent counterfeiting and piracy.
o Fast-tracking IP dispute resolution in specialized IP
courts and tribunals.
7. Human Capital Development
o Training judges, IP officers, and enforcement
agencies on advanced IPR laws.
o Developing skilled professionals in IP law, patent
drafting, and technology transfer .

Key Features of the National IPR Policy 2016

 “Creative India, Innovative India” – Aims to establish
India as a global leader in innovation.
  Simplified IP registration process – Introduction of
online filing systems to speed up patent, trademark,
and copyright applications.
 Stronger enforcement measures – Stricter action
against IPR infringement, counterfeit goods, and
digital piracy.
 Encouraging MSMEs and Startups – Special IP
support programs for small businesses.
 Integration with "Make in India" and "Digital India"
– Linking IPR policy with national economic programs to
attract foreign investment .

2(b) What do you mean by Geographical Indication (GI)?

What are the rights of a Registered Proprietor of a GI?
Explain how Registered GIs benefit local populations.
What is a Geographical Indication (GI)?
A Geographical Indication (GI) is a form of intellectual
property that identifies a product as originating from a specific
region, where its quality, reputation, or characteristics are
linked to that location .

Rights of a Registered Proprietor of a GI

1. Exclusive Rights to Use the GI Name – Only registered
users can market the product using the GI tag.
2. Legal Protection Against Unauthorized Use –
Prevents others from falsely using the GI name on non-
authentic products.
3. Right to Take Legal Action – The proprietor can file
lawsuits against GI infringement and counterfeit
products.
4. Protection at the International Level – Indian GIs can
be protected under TRIPS and WIPO agreements .
How Registered GIs Benefit Local Populations
1. Boosts Rural Economy – Enhances income for farmers,
artisans, and local producers.
2. Prevents Counterfeiting – Ensures that authentic
products get market recognition.
3. Encourages Cultural Preservation – Promotes
traditional crafts and heritage-linked products.
4. Increases Export Potential – Makes GI-tagged products
competitive in international markets.
5. Enhances Tourism – Certain GIs, like Darjeeling Tea,
attract tourists and tea connoisseurs .

2(c) What is a Compulsory License? Who grants a

Compulsory License? Explain the conditions under which
a Compulsory License is granted and under what
conditions it can be revoked? Suggest or discuss one
case law of Compulsory Licensing in India.
Definition of Compulsory License
A Compulsory License is a government-granted
authorization that allows a third party to manufacture and sell
a patented product without the patent holder’s consent .

Who Grants a Compulsory License?

 The Controller of Patents (Indian Patent Office)
grants compulsory licenses.
 Appeals can be made to the Intellectual Property
Appellate Board (IPAB) and the High Courts .

Conditions Under Which a Compulsory License is

Granted
1. Non-Availability of the Patented Product to the
Public – If the patent owner fails to make the product
available at affordable prices.
 2. Failure to Work the Patent in India – If the patent
owner does not manufacture the product in India within
three years of patent grant.
3. National Emergency or Public Interest – For critical
sectors like medicines, agriculture, and public
health .

Revocation of a Compulsory License

A Compulsory License can be revoked if:
1. The patentee resumes production and makes the
product available at reasonable rates.
2. The licensee fails to use the license effectively.
3. There is evidence of misuse of the license .

Case Law: Natco Pharma v. Bayer (2012)

 Background: Bayer’s cancer drug Nexavar was priced at
₹2.8 lakh per month, making it unaffordable for most
patients.
 Judgment: The Controller of Patents granted a
Compulsory License to Natco Pharma to manufacture
a generic version for ₹8,800 per month.
 Impact: Established precedent for access to life-
saving drugs at affordable prices .

2(d) What is Traditional Knowledge? What are the

biggest threats to Traditional Knowledge? How would
you suggest the methods in which traditional knowledge
can be protected? Discuss in short one case elaborating
Traditional Knowledge.
Definition of Traditional Knowledge (TK)
Traditional Knowledge (TK) refers to long-standing cultural,
agricultural, medicinal, and environmental knowledge
developed by indigenous and local communities over
generations .

Biggest Threats to Traditional Knowledge

1. Bio-Piracy – Unauthorized patenting of indigenous
knowledge (e.g., Turmeric, Neem).
2. Lack of Legal Recognition – Traditional knowledge is
often not patented under modern IP laws.
3. Commercial Exploitation Without Benefit Sharing –
Multinational corporations use TK-based resources
without compensating indigenous communities .

Methods to Protect Traditional Knowledge

1. Documentation of TK – Creating Traditional
Knowledge Digital Libraries (TKDL) to prevent
wrongful patents.
2. Defensive Protection – Using existing IP laws to
prevent unauthorized commercialization.
3. Benefit-Sharing Agreements – Ensuring indigenous
communities receive a share of profits.

Case Study: Turmeric Patent Revocation (USPTO, 1997)

 Issue: A US patent was granted for turmeric’s wound-
healing properties.
 Resolution: The CSIR challenged the patent with
evidence from ancient Indian texts.
 Impact: The patent was revoked, establishing TK
protection in global IP law .

3(a) Explain the Berne Convention for the Protection of

Literary and Artistic Works. What are its key provisions
and impact on copyright laws globally?
Introduction to the Berne Convention
The Berne Convention was established in 1886 to provide
international protection for literary and artistic works. It
ensures that authors' rights are protected across all member
countries without requiring formal registration.
Key Provisions of the Berne Convention
1. Principle of National Treatment
o Every member country must grant the same
copyright protection to foreign authors as it does
to its own nationals.
o Example: If an Indian author’s book is published in
France, it receives French copyright protection
automatically.
2. Automatic Protection
o Copyright protection does not require
registration.
o As soon as an original work is created, it is
automatically protected.
3. Independence of Protection
o Copyright protection in one country does not
depend on protection in the country of origin.
o Example: If a book falls into the public domain in
India, it may still be protected in other Berne
Convention countries.
4. Minimum Duration of Protection
o General Rule: Lifetime of the author + 50 years
after death.
o Cinematographic Works: 50 years from release.
o Photographs & Applied Arts: 25 years from
creation.
5. Exclusive Rights Granted to Authors
 o Right to Reproduce (Article 9) – Prevents
unauthorized copying.
o Right to Translate (Article 8) – Protects
translations from being made without permission.
o Right to Perform (Article 11) – Ensures control
over public performances.
6. Moral Rights (Article 6bis)
o Authors have the right to claim authorship and
object to modifications that harm their reputation.
Impact of the Berne Convention
 Global Copyright Protection – Over 180 countries
follow the Berne Convention, ensuring strong copyright
enforcement.
 Foundation for TRIPS Agreement – TRIPS (Trade-
Related Aspects of Intellectual Property Rights) includes
Berne’s principles in international trade laws.
 Encouraged Creative Industries – Protects music,
films, books, fostering a global creative economy.

3(b) What is the TRIPS Agreement? How does it affect

Intellectual Property Laws in India?
Introduction to TRIPS Agreement
The TRIPS Agreement (1995) is an international treaty under
the World Trade Organization (WTO) that sets minimum IP
protection standards for all member countries.
Key Provisions of TRIPS
1. Patent Protection
o TRIPS mandates a minimum of 20 years of patent
protection for inventions.
o It requires patents on pharmaceuticals,
biotechnology, and computer programs.
2. Copyright Protection
 o TRIPS incorporates Berne Convention principles.
o Ensures protection for software, databases, and
digital content.
3. Trademark Protection
o Requires countries to protect well-known
trademarks (e.g., Coca-Cola, Apple).
4. Compulsory Licensing
o Allows governments to grant licenses without the
patent owner's consent in cases of public health
emergencies (e.g., COVID-19 vaccines).
Impact of TRIPS on Indian IP Laws
1. Amendment of the Indian Patent Act (1970)
o Before TRIPS: India allowed only process
patents, not product patents.
o After TRIPS: Product patents were introduced,
affecting pharmaceutical and IT industries.
2. Stronger Copyright Protection
o Software, films, and digital content received better
copyright enforcement.
3. Growth of India's IP Economy
o Strengthened foreign investment in technology
and pharmaceuticals.
4. Challenges in Public Health
o India faced higher medicine prices due to
pharmaceutical patents.
o Solution: India used Compulsory Licensing (e.g.,
Natco Pharma v. Bayer case).

3(c) Explain the concept of Trade Secrets. How are

Trade Secrets protected under Intellectual Property
Laws? Give examples.
What is a Trade Secret?
A Trade Secret is confidential business information that
provides a competitive advantage. It includes formulas,
processes, methods, and strategies.
Examples of Trade Secrets
1. Coca-Cola Recipe – The formula for Coca-Cola is kept a
secret to prevent competitors from replicating it.
2. Google’s Search Algorithm – Google’s algorithm is a
trade secret that determines search rankings.
3. KFC's Chicken Recipe – The unique blend of herbs and
spices is not publicly disclosed.

How are Trade Secrets Protected?

Trade secrets do not require registration but are protected
by:
1. Non-Disclosure Agreements (NDAs) – Employees and
partners sign legal agreements to maintain secrecy.
2. Strict Internal Security Measures – Restricted access
to confidential information.
3. Trade Secret Laws – India follows Section 27 of the
Indian Contract Act to prevent disclosure of trade
secrets.

3(d) What is an Industrial Design? How does it differ

from a Patent? Give examples.
Definition of Industrial Design
An Industrial Design refers to the aesthetic or ornamental
features of a product, including shape, pattern, and color.
Examples of Industrial Designs
1. Apple iPhone’s Sleek Design – The curved edges and
minimalistic style.
2. Coca-Cola Bottle – The unique shape of the bottle.
3. Luxury Car Models – The Ferrari car design is protected
under industrial design laws.
4. Difference Between Industrial Design and Patent

Feature Industrial Design Patent

Aesthetic, visual
Protection Functional invention
design
Car shapes, bottle
Examples Pharmaceuticals, machinery
designs
Term 10-15 years 20 years

5. Industrial Designs encourage creativity in product aesthetics, while

patents focus on technological innovations

1. Explain the role of Intellectual Property Rights (IPR) in

economic development.

Intellectual Property Rights (IPR) play a crucial role in economic growth by

protecting innovations, fostering competition, and encouraging
investment in research and development (R&D). Strong IPR regimes
contribute to GDP growth, attract foreign direct investment (FDI), and
create employment.

Role of IPR in Economic Development:

1. Encourages Innovation & R&D:

o Patents, copyrights, and trademarks incentivize inventors and
creators by ensuring exclusivity over their work.
o Example: The pharmaceutical industry invests billions in drug
discovery due to patent protection.
 2. Attracts Foreign Investment:
o Countries with strong IPR frameworks attract global
companies seeking legal protection for their innovations.
o Example: India’s 2005 patent law amendment (TRIPS-
compliant) boosted FDI in the pharma sector.
3. Enhances Competitiveness:
o Companies with strong IP portfolios gain a competitive
advantage in international markets.
o Example: Apple’s patented iPhone technology gives it a
market edge over competitors.
4. Supports Small & Medium Enterprises (SMEs):
o SMEs use trademarks and industrial designs to establish brand
identity and prevent counterfeiting.
o Example: Geographical Indications (GIs) like Darjeeling Tea
help local producers access premium markets.
5. Creates Employment & Skill Development:
o IPR-intensive industries create high-paying jobs in fields like
technology, biotechnology, and entertainment.
o Example: The Hollywood film industry generates employment
for thousands of professionals due to copyright protection.
6. Boosts Trade & Exports:
o Strong IPR regimes encourage the production and export of
high-quality, innovative products.
o Example: European luxury brands (Louis Vuitton, Gucci) rely
on trademarks to maintain exclusivity.
7. Encourages Public-Private Partnerships (PPPs):
o Governments and corporations collaborate in R&D due to
assured IP protection.
o Example: COVID-19 vaccine development through
partnerships between governments and private pharma
companies.

Conclusion: IPR is essential for sustainable economic growth,

technological advancements, and maintaining a competitive edge in
global markets.