KTA LLB INTELLECTUAL PROPERTY RIGHTS -II 3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW. | UNIVERSITY AS PER NEW SYLLABUS MOST IMPORTANT PREVIOUS YEAR QUESTIONS UNIT WISE ALONG WITH ANSWERS EDITION-I (2023 & 2024) BY ANIL KUMAR KT, BA, LLB, MSW, LLM. Mob: 9584416446Karnataka State law University 3 and 5 Years LLB. ANIL KUMAR K.T LLB COACH Intellectual Property Rights -Il i i it wise Most important previous year questions Unit w! UNIT-1 ilabl 1. What constitutes infringement? What are the remedies availa infringement? Explain. 2. Describe the various modes of transfer of copyright. le for 3.What are the qualifying elements to be existence in a work for its copyright ability? | 4.Write a note on Compulsory licenses in copyright. 5.What is copyright? Explain the salient features of copyright act. 6.Describe the various rights of owner of copyright. 7. Write a note on copyright board. 8. Write a note on Doctrine of fair use. UNIT-II 9. State the important features of convention of biological diversity Authority. 10.Explain the constitution powers and functions of National bio diversity authority. 11. Write a note on Biopiracy, 12. Explain the special features of the biodiversity Act 2002. 13. Define biodiversity and explain the objectives of Bio diversity Act. 14. Explain the salient features of Biodiversity act 2002. 15.What is a benefit claimer? How can benefit sh i biodiversity Act 2002. ering be given effect to 16. Write a note on State bio diversity board. UNIT-I117. Discuss the plant breeders, researcher's and community rights, state the exception. 18. Write a note on national gene fund. 19, Write a note’on equitable sharing of benefit 20. Discuss the procedure for registration of registrable plant varieties , what is the duration of registration . 21.What are the powers and functions of protection of plant varieties and farmers rights authority . 22.Write a note on plant breeders right. 23. Write note on farmers rights. 24, Elucidate sui-generis system adopted in India for the protection of plant varieties. . UNIT-IV 25. Explain the conditions and the procedure observed in the registration of designs. 26. Define design. State the requirements of registration of design. 27. Discuss the salient features of design act 2000. 28. Define the term design? What are the prohibitions imposable on registration of design? 29. Write a note significance of design. 30. Explain the procedure for registering a design under the design act 2002 31. Write a note on functional design act 2000. 32. Explain the Powers and duties of controller, UNIT-V 33, Explain the object of Berne convention. 34.Elucidate how Paris and Berne convention have contributed for the international protection of IPR’s. 35. Write a short note on TRIPS agreement. 36. Discuss the salient features of the convention on biological biodiversity. 37. Write a note on Paris convention.38.Explain the provision of Berne convention. 39.Dispute settlement system of WTO. i 01. 40.International treaty on plant genetic resources 20 Problems related questions. 41'H’ conducts a research study on the health conditions fr Fe During a debate on the programme for improvement of hea Etta c rural children , ‘H’s research report is circulated in Loksabha. issi ‘H’ brit al action against it made without the permission of the author, can ‘H bring leg: Bi ? 42. ‘2’ a registered breeder whose registration is cancelled by the eel without giving a reason for cancellation. Can ‘Z’ file a case against the authority. Decide. 43.’Y’ company manufactured globes mounted on wooden frame, the other manufactures globes mounted on gold frames, the structure of the mount remains the same. The other company claims a copyright in the design asserting the novelty and design ability of the gold frame, can the other company get in the design. 44, Dr Laasya Kumar on orthopaedic surgeon invents a new process for surgery of limbs wishes to claim patent for his method and approaches you for obtaining patent. Give your advise. 45.A trademark user of a device ‘clock’ claims that his mark has become distinctive because he is using the mark since last 20 years. Is his claim of distinctiveness sustainable ? Give reasons for your answer, BY ANIL KUMAR K T LLB COACHWhat constitutes infringement? What are the remedie: infringement? Explain. Introduction: An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement. In a commercial contract, an infringement happens when one of the contracting parties breaches the terms stated in the contract. In intellectual property areas, an infringement refers to an unauthorized use of a copyrighted or patented invention. When an infringement happens, the party being harmed usually will file a claim against the harming party. In this case, the infringing party Is the defendant, and the harmed party is the plaintiff. If the court decides that the infringement does exit, the court will order remedies for the harmed party. Civil Remedies for Copyright Infringement The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957. The different civil remedies available are: A)Interlocutory Injunctions The most important remedy is the grant of an interlocutory injunction. In most case the application filled is for interlocutory relief and the matter rarely goes beyond the interlocutory stage. There are three requirements for there to be a grant of interlocutory injunction — Firstly, a prima facie case, Secondly, there needs to be a balance of convenience. Finally, there needs to be an irreparable injury. 2)Pecuniary Remedies Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright Act of 1957. First, an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the infringement. Third, conversion damages which are assessed according to the value of the article. 3)Anton Pillar Ordersthe holding in Anton Pillar AG V Jements are present in an Anton g the deferfdant from destroying or g the plaintiff's lawyer to search their safe custody. Third, an order and addresses of The Anton pillar order gets its name from Manufacturing Processes, The following é! Pillar Order — First, an injunction restrainin| infringing goods. Second, an order permittin the defendant's premises and take goods in that the defendant be directed to disclose the names suppliers and consumers. 4)Mareva Injunction believes that the f any decree being im to place whole or The Mareva injunction comes into play when the court defendant is trying to delay or obstruct the execution 0 passed against him. The court has the power to direct hi e any part of his property under the court’s disposal as may be sufficient to satisfy the decree. This is provided in Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908. 5)Norwich Pharmacal Order The Norwich Pharmacal Order is usually passed when information needs to be discovered from a third party. Criminal Remedies Under the Copyright Act, 1957 the following remedies are provided for infringement: + Imprisonment up to 3 years but, not less than 6 months + Fine which may not be less than 50,000 but, ma 2,00,000 ; + Search and seizure of infringing goods 'y extend up to + Delivery of infringing goods to the copyright owner 2. Describe the various modes of transfer of copyright Introduction Copyright is a protection given to the creators of acknowledgment to their intellectual input, The og ann YPES OF Works as an always been the protection of the interest of a Besanes ci Panett he , coupled withdissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation. Assignment of Copyright (Section 18) The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work?, However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright. Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence, : Mode of Assignment (Section 19 As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a Copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties. Assignment by Operation of Law (Section 20} When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death. i of Copyright The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:Voluntary license (Section 30) The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary. Compulsory License in Unpublished or Published Work (Section 31-A) According to this section, where the author is dead or unknown or cannot be traced , or the owner of the. copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language. Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued. The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions. Compulsory License for the Benefit of Disabled Persons (Section 31-B) Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. § Statutory License for Cover Versions (Section 31-C) Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so,The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version, Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advancei One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal, stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work. Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 3: Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner. License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32) Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication. License to Reproduce and Publish Works for Certain Purposes (Section 32-A)According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf. 3. What are the qualifying elements to be existence in a work for its copyright ability? The simplest definition of copyright is @ allows them to control, protect, and exp! property right given to authors that Joit their artistic works. Today it is very easy to receive a copyright for your work: All it needs is to be original, alittle creative, and fixed in a tangible medium of expression. So, as soon as you create something, it is probably copyrighted. You don't need to do anything else; you don't need to file paperwork with the federal government, pay any fees, publish, or do anything other than create. of the United States Code. The statutory basis of copyright is in Title 17 f various provisions of copyright However, be aware that the interpretation of law may differ depending on the judicial circuit. There are three basic elements that a work must possess in order to be protected by copyright in the US: a work must be the original work of the author. "novel" in the way an invention must be to get 2 he work can't be a copy of something else. Originality: To get a copyright, This doesn't mean it has to be patent. Instead, it basically means t The U.S. Supreme Court has said works only need to have a Creativit " of creativity to be creative enough for copyright. “modicum' Fixation: For works to have copyrights, they cannot be purely ephemeral. You can't get a copyright just by speaking out loud. But, as soon as you record that speech in some way, then its "fixed" and you may have a copyright over it Notably, courts have interpreted this to mean that something as tem orary as being copied onto RAM memory can constitute fixation. aThe bar to satisfy these three elements is very low and most works will easily do so, 4. Write a note on Compulsory licenses in copyright. What is Compulsory Licensing: A compulsory license is a term generally applied to a statutory license to do an act covered by an exclusive right without the prior authorization of the right ‘owner. Compulsory licensing allows for the use of protected (in this case, copyrighted material) without the prior permission of the owner of the right. Section 31 of the Indian Copyright Act provides for the compulsory licensing of copyright in case of works that are withheld from the public. In case the copyright owner has refused to: a) Republish or allow for the republication of the work or refuse to allow for the performance of the work in public due to which the work is withheld from the public; b) Allow communication of the work to the public through a broadcast of such work, or in the case of sound recording, the work recorded in such sound recording on terms which the complainant considers reasonable, When will a compulsory license be grante: The Copyright Board can, after providing a reasonable opportunity for the owner of the copyright to be heard and after conducting an inquiry and if satisfied, can direct the Registrar of Copyrights to grant a compulsory license to the complainant to republish the work, broadcast the work or communicate it to the public as the case may be. Upon such direction, the Registrar of Copyrights shall grant the license to the complainant. Further, a compulsory license can also be granted in case of unpublished Indian works. Section 31A provides for the same. In case of an unpublished work wherein the author is dead or unknown or cannot be traced, any person may apply to the Copyright Board seeking a license to publish such work. An essential case concerning compulsory licensing is Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. In this case, Radio Mirchi was playing music, and Super Cassette Industries held the rights to it. The music company filed for a permanent injunction. While the suit was pending, the FM| e Copyright Board for the grant of a compulsory license operators applied to th under Section 31(1)(b) of the Copyright Act The question here arose whether granting a compulsory license was viable in roadeasters, ie. Radio Mirchi, argued such a particular circumstance. The bi that since a license had already been granted to AIR and Radio City, there were no grounds on which a license to Radio Mirchi should be denied. The Court held that a compulsory license could be granted on grounds stated in Section 31A of the Copyright Act, i.e., only when access to the work has been denied to the public. In this case, the license had already been granted to AIR and Radio City. Therefore, it was not barred from public access. Thus, the argument of Radio Mirchi holds no water, and they were liable for copyright infringement. 5.What is coy nt? Explain the salient features of co} ht act. Introduction Copyright law protects the expressions of ideas instead of the ideas themselves. Copyright protection is conferred on all Original artistic, musical, literary, dramatic, sound recording and cinematograph works. The moment a work is created its copyright protection commences, its registration is optional But, it is advisable to obtain a registration for good protection. Copyright tion, instead of conferring any rights, is merely a prima facie proof of registra ister maintained by the an entry in respect of the work in the Copyright Re Registrar of Copyrights. A Copyright is a collection of exclusive rights which are vested in the owner of the copyright, according to Section 14 of the Copyright Act, 1957. These rights can only be exercised by either the owner of the copyright or by any other person who is licensed, according to law, in the same regard by the owner of the copyright. These rights include the right of publication, right to make translations, right of adaptation, right of reproduction, etc. According to Section 17 of the Copyright Act, 1957, the author or creator of the work is the first owner of the copyright. Salient Features of The Copyright Act 1957 1. Scope of rights conferred to authora Section 13 of the Copyright Act 1957, copyright protection is provided to iter Fary works, musical works, dramatic works, artistic works, sound recording and cinematograph films, For example, books, mani ; scripts, poetry, theses are protected under the Act as literary works, The Copyright Act, 1957 protects original literary, Works and cinematograph films and sound record Unlike the case with patents, copyright protects tl ideas, dramatic, musical and artistic ings from unauthorised uses. he expressions and not the 2. Provisions to idetermine first ownership According to Section 17 of the Copyrights Act 1957, the first owner of the Copyright is the author of the work itself. The exception to this rule is the case in which, the employer becomes the owner of the copyright in circumstances where the employee creates a work in the scope of her/his employment. 3. Civil and criminal remedies The civil remedies for Copyright infringement are covered under Section 55 of the Copyright Act of 1957. These civil remedies include damages, injunctions, interpretation of accounts, destruction and delivery of infringed copies and damages for conversion. The criminal remedies, for infringement of copyright, are provided under Section 63 of the Copyright Act 1957. These criminal remedies include imprisonment, fines, search and seizure of infringing goods, etc, The imprisonment can range up to 3 years but cannot be less than 6 months and the fine ranges from 50,000 to 2,00,000 rupees. 4. Creation of copyright office and copyright board Provisions for setting up a copyright office, which is under the control of the Registrar of the copyright for the registration of books and other ‘works’ of art, and a copyright board to help in dealing with copyright-related disputes are also given in the Copyright Act, 1957. Section 9 of the Copyright Act, 1957Provides for the inception of an office which is to be called the Copyright Office for the purpose of the Act. Section 11 of the Copyright Act, 1957 provides for the inception of the Copyright Board. Exceptions to the Copyright Act, 1957 The Copyright Act, 1957 does not include the infringement of copyright in the cases of ‘Fair dealing’, This law is provided under Section 52 of the Copyright Act, 1957. Fair dealing is the legal limitation on the exclusive right of the copyright owner which permits her/him to reproduce or use the copyrighted work in a manner that otherwise would have resulted in copyright infringement. Conclusion The history of copyright law is prolonged and complex in nature. For hundreds of years, it is in the developing stage. This is because technology is changing faster than ever. With the discovery of new techniques, the old law is falling behind in the world, especially in the case of non-literal work. Now, most of the time it is very difficult to draw a conclusion on the case of what is similar to the extent of copyright infringement as it is very subjective in nature. Thus, we need more laws which are specific in nature to copyright to lessen this subjectivity and deal with this problem efficiently. &.Describe the various rights of owner of copyright. Introdu Granting copyright seeks to protect the creative endeavour of an owner. Copyright gives an exclusive right to the owner to do certain acts in relation to literary, dramatic, musical, and artistic works, cinematography and sound recordings. Copyright is valid till the life of the Originator plus 50 years after his death. In the case of cinematographic work, the copyright is valid until 50 years after the work has been made available to the Public while for Photographic works 25 years after the making of the work. Rights of the copyright owner ‘ Right of ReproductionThis is the most prominent right which is acquired after the copyright protection. This right authorizes the person having such copyright to make copies of the protected work in any form. In the modern context copying, a song on a Compact Device or any sound and visual recording can be considered as a reproduction of the content. Prior to copying the permission of the author Is required unless it can be shown that such copying is not intended to make any commercial benefits out of it. Right to Distribute Right to distribute is an off-shoot of the right of reproduction. The person who ‘owns the copyright owner may distribute his work in any manner he deems fit. The owner is also entitled to transfer the whole or some rights in favour of any other person while retaining others. For example, he can entitle any person to translate his work. ight to make Derivative Works The copyright has the right to use his work in various ways, for instance making adaptations or translations. One example of adaptation is making a movie based on a novel, so here to make any derivative work the consent of the owner is mandatorily required. In these situations, certain other rights of the owner also come into play, like the right to integrity which protects the owner against deformation, defacement or modification of his work in a way that it is harmful for his reputation Right to Publicly Perform The owner of the copyright has the right to publicly perform his works. Example, he may perform dramas based on his work or may perform at concerts, etc. This also includes the right of the owner to broadcast his work. This includes the right of the owner to make his work accessible to the public on the internet. This empowers the owner to decide the terms and conditions to access his work. Right to Follow This right is granted generally only to the authors and artists. This empowers the authors to obtain a percentage of the subsequent sales of his work and is called‘ollow. The right is also available to artists on resale of Droit de Suite or Right to Fi their work. ight of Paternity The Right of Paternity or Attribution gives the copyright owner a right to claim authorship of the work. Under the Right of Paternity a copyright owner can claim due credit for any of his works. Thus, if a movie is produced based on a book by an author, and he hasn’t been given due credit in it, he can sue the makers to acknowledge his work. Sui Generis Rights The ordinary copyright law often fails to protect the computer software and databases since the essential element of creativity is not present in such databases. Therefore, there was a need for new law to protect such software and databases. The law of sui generis was introduced to resolve the problem of resolving databases on the whole. A database is a compilation or arrangement of information which may not be creative; it may still require protection from unauthorized copying. However, this may require certain modifications such as the making of copies has to be excluded from such copyright protection. Such database right exists for a fifteen year period. Private Copying This is an exception to the reproduction rights which are attained by the owner. According to this right, any person can make copies of the copyright protected work if it is proved that such copying is for educational purpose and that there is no commercial motive behind such copies being made. Conclusion In conclusion is maybe said that copyright law adequately protects the rights of the copyright owners. The law has kept pace with the changing times and has accommodated a number of new things in its ambit, including digital reproduction and sui generis rights. India ha i : ; s also ris updated its copyright law from time to time. See euenecend 7. Write a note on copyright board.COPYRIGHT BOARD OR APPELLATE BOARD COPYRIGHT BOARD OR APPELLATE BOARD. Section 11 of the Copyright Act, 1957 provides for the establishment of the “Copyright Board” or now termed as the “Appellate Board”. It is a quasi-judicial body constituted by the Central Government. In accordance with Section 11 of the Copyright Act, 1957, the Appellate Board shall be the same board as established under Section 83 of the Trade Marks Act, 1999, that is, a board constituted by the Central Government, by notification in the Official Gazette, to be known as the Intellectual Property Appellate Board to exercise the Jurisdiction, powers and authority conferred on it by the Act. The Board consists of,a Chairman and other members. The person to be appointed as a Chairman of the Copyright Board shall be qualified to hold the office of a judge of a High Court or could be holding such position or must have held. There is no qualification mentioned about the members of the Board. The Chairman and the members shall hold their office for five years. The members as aforesaid shall be eligible for reappointment. The Board shall be deemed to be a civil court for the purposes of Sections 345, and 346 of the Code of Criminal Procedure, 1973 and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code POWERS AND PROCEDURE OF THE COPYRIGHT BOARD The Appellate Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Appellate Board from amongst its members. Provided that, if the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members. The Board has been entrusted with the following powers and functions. These include the power to: + Possess certain powers of Civil Court: Such powers as exercised by a civil court under the Code of Civil Procedure, 1908, in respect of the following matters, namely, summoning and enforcing the attendance of any person and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; issuing commissions for the examination of witnesses or documents; requisitioning any public record or copy thereof from any court or office and any other matter which may be prescribed. + Hear appeals against the orders of the Registrar of CopyrightSuch an appeal must be filed by the aggrieved party within three months of such decision or order of the Registrar of Copyright. Also, any person aggrieved by a final decision or order of the Appellate Board (not being a decision or order made under Section 6 and an appeal under sub- section (1) of Section 72, may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the appellant actually and voluntarily resides or carries on business or personally works for gain, + Adjudicate upon disputes on assignment of copyright The Appellate Board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment. If any dispute arises with respect to the assignment of any copyright, the Appellate Board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit, including an order for the recovery of any royalty payable. Every complaint received shall be dealt with by the Appellate Board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Appellate Board shall record the reasons thereof. + Regulate its own procedure: The Appellate Board has the power to regulate its own procedure, including the fixing of places and times of its sittings, subject to certain conditions and the provisions of the Copyright Act, 1957. The Appellate Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Appellate Board from amongst its members. 8. Write a note on Doctrine of fair use. Doctrine of Fair Dealing Doctrine of Fair Dealing is an exception to the law that material that would be considered to be eeraena a Paper Copyright Act, 1957 (hereinafter known as the “Act”). It is a legal doctrine which Permits a person to use any work which is protected Under the Act with limited usage of such work so as to maintain the sanctity and originality of such k well as the registered proprietor of the work. : Recaen The meaning of “Fair Dealing” depends on diff eren i India, the Court applies basic t facts and circumstances. In comm on sense so that they can determine as towhat can be constituted as Fair Dealing on the case- to- case basis. Fair dealing is a significant IImitation on the exclusive right of the copyright owner. It has been interpreted by the courts on a number of occasions by judging the economic impact it has on the copyright owner. Where the economic impact is not significant, the use may constitute fair dealing, The fair nature of the dealing depends on the following four factors: 1. the purpose of use; 2. the nature of the work; 3. the amount of the work used, and 4. the effect of use of the work on the original. In consonance with the UK Copyright laws, India has adopted the concept of Fair Dealing for the past years. On the other hand, the same concept is known as “Fair Use” under U.S. Copyright laws. Cases such as Gyles vs Wilcox which had established the concept of “Fair Abridgment” and Folsom vs Marsh have established the concept of what Fair Dealing is. These cases acted as precedents to the Indian cases which will be discussed in brief later in this assignment. In the recent amendment that has been made in the Act known as the Copyright (Amendment) Act, 2012, the concept of Fair Dealing has also included works in the line of musical or cinematographic in nature. The reason for this is that since both personal and private works have been amended in the recent Act except work done in the line:of computer programming, the scope has become much wider to consider what can be considered to be Fair Dealing under the Indian Regime. Also, Fair Dealing has been considered to benefit disabled persons who can now access works including sharing with any person with a disability for private or personal use, research or for any other educational purposes. UNIT-II 9.State the important features of convention of biological diversity Authority. The Biological Diversity Act, 2002 was born out of India’s attempt to realise the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources. + Biodiversity: The biodiversity means the variability among living organisms from all sources and the ecological complexes of which they arediversity within species or between species and of part and includes ecosystems + Biological Resources: The biological resources means plants, animals and micro-organisms or parts thereof, their genetic material and by- products (excluding value added products) with actual or potential use or value, but does not include human genetic material. The Biological Diversity Act, 2002 = The act was enacted in 2002, it aims at the conservation of biological resources, managing its sustainable use and enabling fair and equitable sharing benefits arising out of the use and knowledge of biological resources with the local communities. Salient Features of the Act + The Act prohibits the following activities without the prior approval from the National Biodiversity Authority: ° Any person or organisation (either based in India or not) obtaining any biological resource occurring in India for its research or commercial utilisation. > The transfer of the results of any research relating to any biological resources occurring in, or obtained from, India. > The claim of any intellectual property rights on any invention based on the research made on the biological resources obtained from India + The act envisaged a three-tier structure to regulate the access to biological resources: The National Biodiversity Authority (NBA) ° The State Biodiversity Boards (SBBs) ° The Biodiversity Management Committees (BMCs) (at local level) + The Act provides these authorities with special funds and a separate budget in order to carry out any research project dealing with the biological natural resources of the country. o It shall supervise any use of biological resources and the sustainable use of them and shall take control over the financial investments and their return and dispose of those capitals as correct.Under this act, the Central Government in consultation with the NBA: ° Shall notify threatened species and prohibit or regulate their Collection, rehabilitation and conservation © Designate institutions as repositories for different categories of biological resources The act stipulates all offences under it as cognizable and non-bailable. Any grievances related to the determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act, shall be taken to the National Green Tribunal (NGT). Exemptions from the Act + The Act excludes Indian biological resources that are normally traded as commodities. ° __ Such exemption holds only so far the biological resources are used as commodities and for no other purpose. The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research Projects between Indian and foreign institutions with the approval of the central government. * Uses by cultivators and breeds, e.g. farmers, livestock keepers and bee keepers and traditional healers e.g.vaids and hakims are also exempted, The National Biodiversity Authority + The National Biodiversity Authority (NBA) was established in 2003 by the Central Government to implement India’s Biological Diversity Act (2002). + Itis a Statutory body that performs facilitative, regulatory and advisory functions for the Government of India on the issue of Conservation and sustainable use of biological resources. + The NBA has its Headquarters in Chennai, Tamil Nadu, India. Structure of the NBA + The National Biodiversity Authority consists of the following members to be appointed by the central government, namely: A Chairperson.© Three ex officio members, one representing the Ministry dealing with Tribal Affairs and two representing the Ministry dealing with Environment and Forests. © Seven ex-officio members to represent respectively the Ministries of the Central Government dealing with: : Agricultural Research and Education a Biotechnology : Ocean Development | . Agriculture and. Cooperation . Indian Systems of Medicine and Homoeopathy . Science and Technology . Scientific and Industrial Research; © _ Five non-official members to be appointed from amongst specialists and scientists having special knowledge and experience in the required matters. Function: + Creating an enabling environment, as appropriate, to promote conservation and sustainable use of biodiversity. + Advising the central government, regulating activities and issuing guidelines for access to biological resources and for fair and equitable benefit sharing in accordance with the Biological Diversity Act, 2002. + Taking necessary measures to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resources derived from India illegally. + Advising the State Governments in the selection of areas of biodiversity importance to be notified as heritage sites and suggest measures for their management. State Biodiversity Boards (SBBs) + The SBBs are established by the State Government with Section 22 of the Act. 's in accordance+ Structure: The State Biodiversity Board consists of the following members: + © AChairperson e Not more than five ex officio members to represent the concerned Departments of the State Government © Not more than five members from amongst experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources. ¢__ All tthe members of the SBB are appointed by the respective State Governments, Functions of SBBs + Advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the conservation, sustainable use or sharing equitable benefits. + Regulate by granting approvals or otherwise requests for commercial utilisation or bio-survey and bio-utilisation of any biological resource by people. Biodiversity Management Committees (BMCs) + According to Section 41 of the Act, every local body shall constitute the BMC within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including: ° Preservation of habitats ° Conservation of Landraces ° Folk varieties and cultivars ° Domesticated stocks And breeds of animals © Microorganisms And Chronicling Of Knowledge Relating To Biological Diversity Structure + It shall consist of a chair person and not more than six persons nominated by the local body.C, not less than one third should ° Out of total members of a BM! eduled be women and not less than 18% should belong to the Schi Castes/ Scheduled Tribes. = The Chairperson of the Biodiversity Management Cor elected from amongst the members of the committee in a meeting to be chaired by the Chairperson of the local body. + The chairperson of the local body shall have the casting votes in case of atie. mmittee shall be Functions «The main function of the BMC is to prepare People’s Biodiversity Register in consultation with the local people. * The register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other. 10. Explain the constitution powers and functions of National bio diversity authority. National Biodiversity Authority In order to carry out the provisions of the act, the National Biodiversity ‘Authority (NBA) had been set up under the Ministry of Environments and Forest by the Government of India in 2003. The NBA is a statutory, autonomous body headquartered in Chennai. State Biodiversity Boards (SBB) were also created in the 29 states along with Biological management committees for each local body. Under this act, the Central Government in consultation with the NBA: . Shall notify threatened species and prohibit or regulate their collection, rehabilitation, and conservation. Check out the IUCN Red list to know more about endangered species. . Designate institutions as repositories for different categories of biological resources The functions of the National Biodiversity Authority are as follows . Monitoring and prevention of actions prohibited under the Act. = Providing advice to the government on how best to conserve biodiversity In India.* Prepare a report on how the government can select biological heritage sites + Make concrete steps to prevent the grant of intellectual property rights regarding locally used biological resources or allied traditional knowledge. Structure of the NBA The National Biodiversity Authority consists of the following members to be appointed by the central government, namely: . A Chairperson. + Three ex officio members, one representing the Ministry dealing with Tribal Affairs and two representing the Ministry dealing with Environment and Forests. . Seven ex-officio members to represent respectively the Ministries of the Central Government dealing with: Agricultural Research and Education Biotechnology Ocean Development Agriculture and Cooperation Indian Systems of Medicine and Homoeopathy Science and Technology Scientific and Industrial Research; 11. Write a note on Bio piracy. Introduction: Bio piracy is the practice of commercial exploitation of biochemical or genetic materials which occur naturally. Typically, indigenous people have traditional cognition primarily consisting of biological features and genetic diversity of the natural environment from one generation to another. Few of the traditional knowledge relevant to global survival has the elements listed below: 1. Farming or Agriculture. 2. “Medicinal Plants. 3. Varieties of Food crops.The essential components for the survival of rural and indigenous people include conservation of habitat, species, and biodiversity. Examples of Bi Is 1. Biopiracy of African super-sweet berries: A plant, Pentadiplandra brazzein found in the west of South Africa. It is a vital source of a protein referred to as Brazzein. People there utilize it as a low-calorie sweetener. It is cognized to be much sweeter than sugar (approximately two thousand times). Recent developments involve isolation of the gene encoding brazzein that has been sequenced and patented in the USA. 2. Patenting of Azadirachta indica - Neem: Since ancient times, Neem has proved to be useful in several ways. Indians have shared their knowledge regarding neem across the globe. In the year 1994, U.S Department of Agriculture and an American company — W.R. Grace received a European patent that included various methods that are used for controlling fungal infections in plants by using a composition extracted from neem. 3. _ Biopiracy of the Enola bean: It was named after the wife of Larry Proctor, who patented it in 1999. Enola bean is a variation of Mexican yellow bean. The sales of this bean were commercialised in North Mexico. Subsequently, the patent-holder sued many importers of the Mexican yellow beans. Thereby, farmers faced an economic crisis. A lawsuit was filed by farmers and the result was in favour of farmers as. ruled by U.S. Patent and Trademark Office, 4. The rosy periwinkle: The rosy periwinkle was originally found in Madagascar. Now, it has been introduced to several other tropical countries across the globe. This implements that researchers can obtain knowledge from one nation and plant samples in other nations, 12. Explain the special features of the biodiversity Act 2002. Refer Q.No.10. 13. Define biodiversity and explain the objectives of Bi diversity Act. What is Biodive 2 Biodiversity describes the richness and variety of life on complex and important feature of our planet. Without bi not sustain. earth. It is the most iodiversity, life wouldThe term biodiversity was coined in 1985, It is important in natural as well as artificial ecosystems. It deals with nature’s variety, the biosphere. It refers to variabilities among plants, animals and microorganism species. Biodiversity includes the number of different organisms and their relative frequencies in an ecosystem. It also reflects the organization of organisms at different levels. Biodiversity holds ecological and economic significance. It provides us with nourishment, housing, fuel, clothing and several other resources. It also extracts monetary benefits through tourism. Therefore, it is very important to have a good knowledge of biodiversity for a sustainable livelihood. Types of Biodiversity There are the following three different types of biodiversity: + Genetic Biodiversity . Species Biodiversity + Ecological Biodiversity Objectives. + Regulation of access to biological resources of the country + Conservation and sustainability of biological diversity + Protecting the knowledge of local communities regarding biodiversity + Secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resources + Protection and rehabilitation of threatened species + Involvement of institutions of state governments in the broad scheme of the implementations of the Biological Diversity Act through the establishment of dedicated committees. 14. Explain the salient features of Biodiversity act 2002. The Act's main objective is to ensure the conservation of biological diversity, sustainable use of its components and falr usage of its resources In order to prevent overuse or eventual destruction of biodiversity. Since India is one of the most biologically diverse nations in the world, this act is a necessity to protect its biological heritage.The salient features of the Biological Diversity Act are as follow: + Regulation of access to biological resources of the country + Conservation and sustainability of biological diversity : Protecting the knowledge of local communities regarding biodiversity al people as conservers of + Secure sharing of benefits with loc: ation relating logical resources and holders of knowledge and inform: to the use of biological resources : Protection and rehabilitation of threatened species : Involvement of institutions of state governments in the broad Scheme of the implementations of the Biological Diversity Act through the establishment of dedicated committees. Any offense under this Act is non-bailable and cognizable it sharing or : Any grievances related to the determination of benefi ersity Board order of the National Biodiversity Authority or a State Biodivi under this Act shall be taken to the National Green Tribunal (NGT). m the Biological Diversity Act - The Act excludes Indian biological resources that are normally traded as commodities. . Such exemption holds only so far the biological resources are used as commodities and for no other purpose. + The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research projects between Indian and foreign institutions with the approval of the central government. + Uses by cultivators and breeds, e.g. farmers, livestock keepers and beekeepers and traditional healers e.g. Aids and hakims are also exempted 15.What is a benefit claimer? How can. benefit sharing be given effect to biodiversity Act 2002. Introduction: Section 2 “Benefit claimers” means the conservers of biological resources, their by- products, creators and holders of knowledge and information relating to the useof such biological resources, innovations and practices associated with such use and application; Section 2 Determination of equitable benefit sharing by National Biodiversity Authority, (1) The National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that the terms and conditions subject to which approval is granted secures equitable sharing of benefits arising out of the use of accessed biological resources, their by-products, innovations and practices associated with their use and applications and knowledge relating thereto in accordance with mutually agreed terms and conditions between the person applying for such approval, local bodies concerned and the benefit claimers. (2) The National Biodiversity Authority shall, subject to any regulations made in this behalf, determine the benefit sharing which shall be given effect in all or any of the following manner, namely: (a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers; (b) transfer of technology; (c) location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers; (d) association of Indian scientists, benefit claimers and the local people with research and development in biological resources and bio-survey and bio- utilisation; (e) setting up of venture capital fund for aiding the cause of benefit claimers; (f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as the National Biodiversity Authority may deem fit. (3) Where any amount of money is ordered by way of benefit sharing, the National Biodiversity Authority may direct the amount to be deposited in the National Biodiversity Fund: Provided that where biological resource or knowledge was a result of access from specific individual or group of individuals or organisations, the National Biodiversity Authority may direct that the amount shall be paid directly to such individual or group of individuals or organizations in accordance with the terms of any agreement and in such manner as it deems fit. (4) For the purposes of this section, the National Biodiversity Authority shall, in Consultation with the Central Government, by regulations, frame guidelines. 16. Write a note on State bio diversity board.State Biodiversity Boards (SBBs} The SBBs are established by the State Governments in 22 of the Act and deal with all matters relating to acce commercial purposes. accordance with Section ss by Indians for . Advising the State Government on mattets of biodiversity and its equitable distribution or on matters relating to the conservation, sustainable use or sharing equitable benefits . Regulate granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-utilization of any biological resource by people. Structure of SSBs The State Biodiversity Board consists of the following members: + AChairperson . Not more than five ex officio members to represent the concerned Departments of the State Government 7 Not more than five members from amongst experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources. . All the members of the SBB are appointed by the respective State Governments. UNIT-II 17. Discuss the plant breeders, researcher’s and community rights, state the exception. Rights of plant breeders 1, The protection of their traditional knowledge relevant to plant and animal genetic resources. 2. The right to an equitable share of benefits ari plant and animal genetic resources, 3. The right to participate in decision making in matters related to th conservation and sustainable use of plant and animal genetic a tothe urces. ising from the case of4 The right to save exchange and sell form saved seed or propagating material and, 5. ___ The right to use a commercial breeder's variety to develop other varieties. Exceptions 1. The right to use a protected variety for purposes other than commerce, 2. The right to sell plant or propagating material as food 3. The right to sell within the place where the variety is grown. 4. The use of the variety as an initial source of variation for developing another variety. The use of any registered variety for conducting experiment or research and, > The use of a variety as an initial source of variety for the purpose of Creating other varieties however the authorization of the breeder of a registered variety is required if there is repeated use of such variety asa Partial line for commercial production of other newly developed variety special provisions relating to application for registration from citizens of convention countries (Sec-31) With a view to the fulfilment of a treaty convention or arrangement. with any country outside India which affords to citizens of India similar privileges as granted to its own citizen then the central government may declare such country to be convention country. ae Any person (group of persons /any governmental or non- governmental organization may behalf of any village or local community in India, file any claim attributable to the contribution of the people of that village or local community in the evolution of any variety. 2. When any such claim is made, the notified centre may verify the claim made by such person etc. and if it is satisfied that such village or local community has contributed significantly to the evolution of the variety which has been registered under this act it reports its findings to the authority.y is satisfied on the report, it may issue notice to 3. When the authorit) ortunity to such breeder the breeder of the variety and after providing opp n and of being heard it may grant suitable sum of h has made claim. to file objectio compensation to be paid to a person etc whic! 4. Any compensation granted is deposited by the breeder of the variety in the Gene fund. 5, The compensation granted is deemed to be an arrear of Land revenue and is recoverable by the authority accordingly. Rights of Communit 1. It is compensation to village or local communities for their significant contribution in the evolution of variety which has been | registered under the Act. 2. Any person/group of persons/governmental or non- governmental organization, on behalf of any village/local community in India, can file in any notified centre, claim for contribution in the evolution of any variety. 20. Write a note on national gene fund. Gene Fund.- ( Section 45). 1. The Central Government shall constitute a Fund to be called the National Gene Fund and there shall be credited thereto- a. the benefit sharing received in the prescribed manner from the breeder of a variety or an essentially derived variety registered under this Act, or propagating material of such variety or essentially derived variety, as the case may be; b. the annual fee payable to the Authority by way of royalty under sub- section (1) of section 35; : ic: the compensation deposited in the Gene Fund under sub-section (4) of section 41; (d) the contribution from any national and international organisation and other sources; 2.7 ir il he Gene Fund shall, in the prescribed manner, be applied for meeting-a. any amount to be paid by way of benefit sharing under sub-section (5) of section 26; b. the compensation payable under sub-section (3) of section 41; ¢. the expenditure for supporting the conservation and sustainable use of genetic resources including in-situ and ex-situ collections and for strengthening the capability of the Panchayat in carrying out such conservation and sustainable use; d. the expenditure of the schemes relating to benefit sharing framed under section 46, 18. Write a note on equitable sharing of benefit . “Fair and equitable benefit-sharing” is one of the objectives of the UN Convention on Biological Diversity and the FAO International Treaty on Plant Genetic Resources for Food and Agriculture. In essence, benefit-sharing holds that countries, farmers, and indigenous communities that grant access to their plant genetic resources and/or traditional knowledge should share in the benefits that users derive from these resources, But what exactly is understood by “fair” and “equitable” in this context? Neither term is defined in the international treaties. A complicating factor, furthermore, is that different motivations and perspectives exist with respect to the notion of benefit-sharing itself. This paper looks at six different approaches to benefit-sharing that can be extracted from the current debates on “Access and Benefit-Sharing.” These approaches form the basis of a philosophical reflection in which the different connotations of “fair and equitable” are considered, by analysing the main principles of justice involved. Finally, the various principles are brought together in order to draw some conclusions as to how a fair and equitable benefit-sharing mechanism might best be realized. This results in several recommendations for policymakers. Under the present regime, the National Biodiversity Authority (NBA) can consider fair benefit sharing while providing clearance for an Intellectual Property Rights (IPR) application or a transfer of biological resources or knowledge by using any of the following measures: ~ granting the NBA or the benefit claimants joint ownership of IPR, technology transfer, locating production or research and development facilities;g conditions for the benefit claimants, associating Indian diversity research and - improving livin scientists, benefit claimants, and local residents for bios development; - establishing a venture capital fund to help, guide and compensate the benefit claimers; - awarding monetary compensation and other non-monetary benefits to the benefit claimants. 19. Discuss the procedure for registration of regi trable plant varieties , what is the duration of registration. Under Section 16 of the Act, an application for the registration of a plant variety can be filed by any of the following persons: -Breeder; «Successor of breeder; «Assignee of breeder; «Farmer, group or community or «University or publicly funded agricultural institution. Procedure of Application for the varieties specified under Section 14, 15 1, The application for registration shall be made to the Registrar and for a variety clearly stating the denomination of the same in the manner prescribed under Form 1 of the Regulations. 2. It shall contain the entire passport data of the parental lines from which the variety has been derived along with all the information related to contribution of various parties in its development (Duty to disclose the source). 3, Once the application has been made, the same can either be: a. Accepted, b. Rejected, in which case a reasonable opportunity of representation has to be accorded, c Sent back for amendment. 4 Documents Required while making the application (Section 18 of the Act):Statement of distinctiveness, uniformity and stability. b. Declaration that the genetic material or parent material has been lawfully acquired. ¢. If application is being made by exercising right to succession or assignment, a proof of the same shall be attached. d. Seeds shall also be made available for tests, the , manner of which has been prescribed in the regulations * The duty of Disclosure under Section 40 must be adhered to ie. if there has been any contribution in the development of the variety by any tribal group or community, the breeder is required to disclose the same in his application, Wilful failure to do so would lead to rejection of the application. f. If application is being made by a person authorized under Sec 16(1)(e), Letter of authorization required(Form PV 1) 8 If application is being made by a person by virtue of succession or assignment, the Succession certificate or any other certificate that proves such succession or assignment must be attached in the manner prescribed in Form PV 2 as laid down under Section 18(3). 5. Objections: Once the application has been accepted (with or without conditions or limitations), it shall be advertised calling for objections. This has to be done within 3 months from the date of filing of the application. The abjections can be made on the following grounds Person making objection is entitled to breeders right Variety not registrable. Against public interest Adverse effect on environment aocn The objections under Sec 21(2) are to be made in the manner prescribed in Form PV-3 and a copy of objections is to be provided to the applicant.6. Counter Statement a. Counter-statement to be sent within 2 months of receipt in the manner prescribed in 7.Certificate Once the application has been accepted, the certificate is to be issued to the applicant. Under Section 24(3) of the act, in the event that the certificate not granted to the applicant within 12 months from application, on account of default by applicant the application shall be considered as abandoned provided that notice accorded, Certificate once issued, shall be valid for 9 years in case of trees and vines and 6 years in case of other crops. 20.What are the powers and functions of protection of plant varieties and farmers rights authority . General Functions of the Authority 1. Registration of new plant varieties, essentially derived varieties (EDV), extant varieties; - 2. Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines for new plant species; iat Developing characterization and documentation of varieties registered; 4. Compulsory cataloguing facilities for all variety of plants; 5. Documentation, indexing and cataloguing of farmers’ varieties; 6. Recognizing and rewarding farmers, community of farmers, particularly tribal and rural community engaged in conservation and improvement; 7. Preservation of plant genetic resources of economic plants and their wild relatives; 8. Maintenance of the National Register of Plant Varieties and 9%. Maintenance of National Gene Bank. Powers of Authority (Sec-11! In all proceedings before the authority or the Registrar.(a)The authority or the Re; Purpose of receiving e attendance of witness, documents and issuing c gister have all the powers of a civil court for the 'vidence administering others. Enforcing the compelling the discovery and production of ‘Ommissions for the examination of witness. (b}The authority or the registrar make orders as to reasonable costs and any such order is executable as a decree of a civil court, 21.Write a note on plant breeders rights. The important Plant Breeders’ Rights are as follows: 1. Rights for Commercial Seed Production. PBR provide legal right to the breeder of a variety for large scale seed Production, This he can do either ‘on his own farm or on the farms of authorized farmers on Payment basis. 2. Rights for Marketing: The breeder or owner of a variet his variety, | 3. Rights to Export and Import: The breeder or owner of a variety has full rights to regulate export and import of his or her variety. 'y has exclusive rights to regulate marketing of 4. Rights of Authorization: The breeder or owner of a protected variety has rights to authorize other interested persons for commercial production, and marketing, export and import of his variety. However, prior authorization of the breeder or owner of a variety is required for such purpose. 5. Rights to Prevent Infringement: The breeder or owner of a variety has rights to prevent others from unauthorized commercial production and marketing of his variety. 22. Write note on benefit sharing. “Benefit sharing is the action of giving a portion of advantages/profits derived from the use of non-human genetic resources or traditional knowledge to the resource providers, in order to achieve justice in exchange.” In other words, benefit sharing is not an act of charitable giving in the context of non-human”.Benefit sharing has been a recurrent theme in international debates for the past two decades. However, despite its prominence in law, medical ethics and political philosophy, the concept has never been satisfactorily defined. In this conceptual paper, a definition that combines current legal guidelines with input from ethics debates is developed. Philosophers like boxes; protective casings into which they can put concisely-defined concepts. Autonomy is the human capacity for self-determination; beneficence denotes the virtue of good deeds, coercion is the intentional threat of harm and so on. What about benefit sharing? Does the concept have a-box and are the contents clearly defined? The answer to this question has to be no. The concept of benefit sharing is almost unique in that various disciplines use it regularly without precise definitions. In this article, a definition for benefit sharing is provided, to eliminate unnecessary ambiguity. 23. Write note on farmer's rights. Nine rights are given to farmers under the PPVFR Act: 1. Right to seed: PPVFR Act aims to give farmers the right to save, use, exchange or sell seed, But, farmer cannot sell the seeds in a packed form labelled with registered name. 2. Right to index own varieties: Just like commercial breeders even the farmer can get Intellectual property right over their own varieties This right is unique to Indian PPVFR 2001 act. 3. Right to reward and recognition: The Act provides for establishment of National Gene Fund through which the work of farmers is recognized and rewarded. Ce Right to benefit sharing: National Gene Fund authority also facilitates benefit sharing. The Authority is required to publish the registered varieties and invite claims for benefit sharing. The rewards from the gene fund can only be given to a farmer/community who can prove that they have contributed to the selection and preservation of materials used In the registered variety. | 5. Right to information and compensation for crop failure: The breeder must give information about expected performance of the registered variety. If the material flops to perform, the farmers may claim for compensation under the Act. 6. Right to compensation for private use ‘of traditional varieties: Sometimes the breeder may not wish to disclose the use of traditional variety. If the breeder has not disclosed the source of traditional varieties, even then compensation can be granted through the Gene Fund.7. breed atar could eee are eaten accessibility of registered varieties: The eee provide sufficient supply of seeds to the public — on 2 Hatter three years of registration, the breeder reasonable sufficient supply of seeds to the public at a 8. Righe ean Other person can apply for license Bit mien to service free of charge: The PPVFR 2001 Act excludes : trom paying any service charges. In other words, the services like registration of varieties, conducting tests on the registered varieties, renewal of registration are done free of charge. Moreover, there is no fee for legal proceedings under this Act. 9. Protection from legal encroachment in case of lack of awareness: Considering low literacy levels in the country, PPVFR 2001 Act provides and safeguards against innocent encroachment by farmers. Farmers who unintentionally violate the rights of a breeder shall not be penalized if he/she can show that they did not know about the existence of breeder's rights. 24. Elucidate sui-generis system adopted in India for the protection of plant varieties. Introduction The legislation on plant variety protection in India namely. The protection of plant variety and farmers rights act 2009, focuses mainly on the following aspects in the area of protection of plant varieties rights. It adopts sui generis system to protect right of farmers and plant breeders & protection of plant variety. > Sui generis is a Latin term meaning “a special kind”. In intellectual form of protection regime outside the known frame work. In can also be viewed as a regime especially tailored to meet a certain need. > The act provides for the establishment of an effective system for protection of plant varieties the rights of farmers and plant breeders and to encourage the development of new varieties of plants. > The act provides for the establishment of an effective system for protection of plant varieties the rights of farmers and plant breeders and to encourage the development of new varieties of plants. > The act provides measures to recognize and protest the rights of the farmers in respect of their contribution in conserving improving and making available plant genetic resources for the development of new plant of varieties.> For accelerated agricultural development in the country the out provides measures to protect plant breeders’ rights to stimulate investment for research and development of new plant varieties. > Such protection will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and plant materials to the farmers. > The act recognizes the right: breeders. The community right include rights biological resource their rights to collective benefit from the uses and the rights to their innovations, practices, knowledge and technology: > These rights allow the communities to prohibit others to have access to their resources & knowledge, it if is detrimental to the integrity of their natural or cultural heritage. | The government must ensure that at least fifty percent of from the utilization of their resources or knowledge by others in given but to them. 5 of communities, the farmer and the include rights over their the benefit derived UNIT-IV 25. Explain the conditions and the procedure. observed in the registration of designs. Steps involved in design registration under the Design Act, 2000 Prior art work The applicant will conduct a search and find out whether any similar design has been previously registered or not. There are various databases paid as well as unpaid to help the applicant for search such as-IP India’s online public design search platform and WIPO'S Global design database. If the applicant is unable to find the number of a similar design, then Form no —7 is filed along with Rs.1000. Representation and classification of designs The applicant needs to recognize the exact class of design from the Locarno classification based on the function of the article..And a representation/diagram should be prepared on white A4 size white paper and must indicate the details of the design and applicant clearly. If the applicant does not prepare it in A4 size then the portal won't accept it and can delay the application. Applicant’s details would be the name, address, and name of the article on which design has been applied. If the applicant is a foreigner, then he/she shall require to give an address for services in India.