Unit 1

10 marks
1. What is intellectual property right? Examine the different forms of intellectual property rights.
Introduction:
 The world of intellectual property (IP) rights holds the key to innovation, creativity, and
technological advancement.
 It safeguards original ideas, inventions, and creative expressions, providing their creators with
exclusive rights to their exploitation and economic benefits.
 Understanding the different types of IP rights and their underlying concepts is crucial for creators,
businesses, and anyone navigating the ever-evolving landscape of innovation.
 The human mind fosters endless creativity and innovation, leading to valuable creations
encompassing literary works, inventions, designs, and brands.
 Intellectual property rights (IPRs) recognize and protect these creations, granting creators exclusive
rights and control for a finite period.
This empowers them to:
 Prevent unauthorized use or exploitation of their works.
 Gain economic benefits through commercialization or licensing.
 Maintain the integrity and reputation associated with their creations.
Definition:
IPRs are a legal construct encompassing various exclusive rights granted to creators over their intangible
creations. These rights prevent others from using, imitating, or exploiting the protected works without
permission.
Characteristics: ITEL
 Intangibility: IPRs protect intangible assets like ideas, expressions, and designs, unlike tangible
property like cars or houses.
 Territoriality: IPRs are generally granted and enforceable within specific geographic territories.
 Exclusivity: Creators have the exclusive right to use, copy, modify, or commercially exploit their
creations within the scope of the IPR.
 Limited Duration: IPRs are not perpetual; they are granted for a specific period, after which they
generally enter the public domain.
Conceptual Analysis: NNODFC
 Novelty: Requires that the invention, design, or work is new and not anticipated by prior art.
 Non-obviousness: For patents, the invention must represent a non-trivial step forward compared to
existing knowledge.
 Originality: Requires creativity and uniqueness in a work, surpassing mere skill or routine effort.
 Distinctiveness: Trademarks and designs must be sufficiently different from existing ones to avoid
confusion among consumers.
  Fixation: For copyrights, the work must be fixed in a tangible medium, like writing or recording, to be
protected.
 Confidentiality: For trade secrets, maintaining secrecy is crucial to their value and legal protection.
IPRs encompass four main types:
 Copyright: Protects original literary, artistic, musical, dramatic, and cinematographic works. It
prevents unauthorized copying, distribution, or adaptation of the protected work.
 Patents: Protect new, inventive, and non-obvious technical solutions to problems. They grant
inventors exclusive rights to make, use, sell, or import their invention.
 Trademarks: Distinguish the goods and services of one trader from those of others. They prevent
others from using similar marks that could create confusion in the marketplace.
 Geographical Indications (GIs): Identify goods with a specific geographical origin and possess
qualities or reputation attributable to that origin. They prevent consumers from being misled
regarding the origin of the goods.
Landmark Case Laws:
 Copyright: Feist Publications, Inc. v. Rural Telephone Service Co. (1991): Established the "sweat of the
brow" doctrine, limiting copyright protection to original creative expression and not factual
compilations.
 Patent: Alice Corp. v. CLS Bank International (2014): Clarified the abstract idea doctrine, restricting
patent protection for abstract concepts devoid of inventive implementation.
 Trademark: Apple Inc. v. Samsung Electronics Co., Ltd. (2016): Highlighted the importance of non-
functional features in trademark infringement cases, protecting the overall look and feel of products.
 Geographical Indications: Champagne Moët & Chandon v. Aoki Corp. (2008): Reiterated the
protection afforded to GIs against misleading use, promoting fair competition and consumer
protection.
1. Write briefly the Origin and Development of Copyright
Introduction
Copyright is a legal mechanism designed to protect the rights of creators over their original works. Its
evolution has mirrored technological advancements and changing societal needs, from early privileges
granted to printers to complex international treaties governing digital content.
1. Origin of Copyright
 The notion of protecting creative works is ancient, with early forms of intellectual property
protection seen in various cultures.
 However, modern copyright law began to take shape in the 16th and 17th centuries.
 In the early days of printing, printers in Europe were granted exclusive rights to publish books.
 These privileges were primarily focused on protecting the financial interests of publishers rather
than the rights of authors.
 Statute of Anne (1710) - Often cited as the first modern copyright law, the Statute of Anne was
enacted in England. It marked a significant shift from protecting publishers to recognizing the rights
of authors.
o The statute granted authors exclusive rights to their works for 14 years, with a possible
renewal for an additional 14 years if the author was still alive.
 o This landmark legislation aimed to incentivize creativity by providing legal protection and
control over the work's reproduction and distribution.
2. International Expansion - Following the success of the Statute of Anne, other countries began to develop
their own copyright laws, leading to an international recognition of copyright principles.
1. Berne Convention (1886): This pivotal treaty established international standards for
copyright protection, promoting the principle of national treatment. This meant that
works were to be protected in member countries as they were in the country of
origin, ensuring a baseline of protection across borders.
2. Copyright Act of 1976 (USA): This Act introduced significant changes, including
extending copyright protection to the life of the author plus 50 years (later extended
to 70 years), and incorporated moral rights alongside economic rights.
In India
1. Pre-Independence Era
 Indian Copyright Act (1914): The first formal copyright legislation in India, based on the UK’s
Copyright Act of 1911, providing basic copyright protection.
2. Post-Independence Developments
 Copyright Act (1957): Replacing the 1914 Act, this comprehensive legislation introduced significant
reforms and aligned Indian copyright laws more closely with international standards.
 Amendments in 1983, 1984, and 1992: These amendments addressed various issues, including the
extension of copyright term and protection for new forms of creative works.
3. Digital Age and Modern Reforms globally - The rise of digital technology and the internet necessitated
updates to copyright law to address new challenges in content distribution and protection.
 Digital Millennium Copyright Act (DMCA) (1998, USA): This Act addressed the challenges posed by
digital piracy and the internet. It introduced provisions for the protection of digital content,
established a framework for dealing with online copyright infringement, and outlined safe harbor
provisions for internet service providers.
 Copyright Directive (EU) 2019: This directive aimed to modernize copyright rules to better address
digital and cross-border issues within the European Union. It introduced measures to enhance the
protection of copyright in the digital environment and promote a fairer distribution of revenues.
Modern Era - in India
o Copyright (Amendment) Act (2012): Major amendments to address the digital age, including
provisions for the protection of digital rights, fair use, and the rights of performers and
authors.
o WIPO Treaties (2016): India ratified the WIPO Copyright Treaty and the WIPO Performances
and Phonograms Treaty, strengthening its commitment to protecting intellectual property
rights in the digital environment.
Key Characteristics of Copyright - EDM
1) Exclusive Rights - Copyright grants creators exclusive rights to reproduce, distribute, perform,
display, and create derivative works based on their original creation. These rights enable
creators to control how their work is used and to benefit economically from its exploitation.
2) Duration - Copyright protection generally lasts for the life of the author plus 70 years, or a
fixed term for works created for hire and anonymous works. This duration provides a long-
term incentive for creators while eventually allowing works to enter the public domain.
 3) Moral Rights - In addition to economic rights, authors often have moral rights to protect their
personal connection to the work. These rights include the right to attribution (the right to be
recognized as the author) and the right to object to derogatory treatment of the work.
2. Explain the works in which copyright subsists and in which copyright does not subsist *****
Introduction
Copyright is a legal mechanism designed to protect the rights of creators over their original works of
authorship. It grants the creator exclusive rights to use, reproduce, distribute, and display their work, as
well as to create derivative works. Understanding the scope of copyright protection involves recognizing
which works are eligible for protection and which are not. This distinction helps in safeguarding the interests
of creators while balancing public access and the use of creative materials.
Copyright subsists in "original works of authorship" that are fixed in a tangible medium of expression. This
means that the work must be original and expressed in a form that can be perceived, reproduced, or
otherwise communicated. However, not all types of works or expressions qualify for copyright protection.
Works in Which Copyright Subsists - LMDACS
1. Literature Work
2. Musical Work
3. Dramatic Work
4. Artistic Work
5. Cinematic Work
6. Sound Work
7. Architectural Work
Literary Works - Literary works encompass written or printed material. This includes novels, poems, essays,
articles, and computer software. The protection extends to the expression of ideas, not the ideas
themselves.
o Example: J.K. Rowling's "Harry Potter" series or a research paper published in a journal.
o Landmark Case: International News Service v. Associated Press (1918) - This case established
the principle that copyright protects the original expression of ideas, not the ideas
themselves.
Musical Works - Musical works include compositions with or without lyrics. The protection covers the notes
and rhythms of the composition as well as the lyrics.
o Example: Ludwig van Beethoven’s Symphony No. 9 or a modern pop song.
o Landmark Case: Feist Publications v. Rural Telephone Service (1991) - This case reinforced that
copyright protection does not extend to facts or data but to the original expression of the
data.
Dramatic Works - Dramatic works include plays, scripts, and other works intended for performance on stage
or screen. This includes the dialogue, characters, and plot.
o Example: Shakespeare’s "Hamlet" or a screenplay for a film.
o Landmark Case: Theatre and Film Federation of India v. Union of India (1986) - The case
highlighted that dramatic works are protected in their written form and their performance.
Artistic Works - Artistic works include paintings, drawings, sculptures, photographs, and other visual arts.
The protection extends to the artistic expression and originality of the work.
o Example: Leonardo da Vinci’s "Mona Lisa" or a photograph by Ansel Adams.
 o Landmark Case: Bridgeport Music, Inc. v. Dimension Films (2005) - The case emphasized that
copyright protection applies to original artistic expression.
Cinematic Works - Cinematic works include films, documentaries, and other audiovisual works. This category
protects the audiovisual combination and its original expression.
o Example: Steven Spielberg’s "Jurassic Park" or a short film.
o Landmark Case: Disney Enterprises, Inc. v. VidAngel, Inc. (2018) - This case affirmed the
copyright protection of audiovisual works against unauthorized distribution.
Sound Recordings - Sound recordings include recordings of music, speech, or other sounds. The protection is
separate from the copyright of the underlying musical work.
o Example: An album by The Beatles or a recording of a speech by Martin Luther King Jr.
o Landmark Case: United States v. ASCAP (2012) - The case clarified the scope of protection for
sound recordings and performance rights.
Architectural Works: Architectural works include the design of buildings and other structures. This
protection extends to the artistic and original design elements.
o Example: Frank Lloyd Wright’s "Fallingwater" or a unique building design.
o Landmark Case: TWM Manufacturing Co. v. Dura (1994) - The case addressed copyright
protection for architectural designs and their replication.
Works in Which Copyright Does Not Subsist
1. Ideas and Concepts
2. Facts and Data
3. Title, Name, and Short Phrases
4. Government Work
5. Work in public Domain
6. Functional or Utilitarian Items
1. Ideas and Concepts - Copyright does not protect ideas, methods, or concepts. Protection is limited to
the expression of these ideas, not the ideas themselves.
o Example: The idea for a detective novel or a business method.
o Landmark Case: Baker v. Selden (1880) - The case clarified that copyright does not cover ideas
or methods, only their expression.
2. Facts and Data - Facts and data themselves are not protected by copyright. However, compilations of
data may be protected if they involve original selection or arrangement.
o Example: Historical facts or raw scientific data.
o Landmark Case: Feist Publications v. Rural Telephone Service (1991) - This case established
that copyright protection does not extend to facts but to original compilations.
3. Titles, Names, and Short Phrases - Titles, names, slogans, and short phrases are not eligible for
copyright protection. These elements are often protected under trademark law.
o Example: The title of a book or a marketing slogan.
o Landmark Case: Hughes v. New York (1981) - The case highlighted that short phrases and
titles are not covered by copyright.
 4. Government Works - Works created by government agencies or officials in their official capacity are
generally excluded from copyright protection to ensure public access.
o Example: Government reports or legislative texts.
o Landmark Case: Golan v. Holder (2012) - The case discussed the extent of copyright
protection for government works.
5. Works in the Public Domain - Works that have entered the public domain are no longer protected by
copyright. This includes works whose copyright has expired or been forfeited.
o Example: Works of Shakespeare or Beethoven’s compositions.
o Landmark Case: Eldred v. Ashcroft (2003) - This case addressed the issue of copyright duration
and public domain status.
6. Functional or Utilitarian Items - Items that are purely functional or utilitarian may not qualify for
copyright protection. These items may be covered by other forms of intellectual property like design
patents.
o Example: Standard tool designs or functional objects.
o Landmark Case: Mazer v. Stein (1954) - This case explored the boundaries of copyright
protection for functional items.
4. What is copyright? Explain in brief assignment and licensing of copyright?
Introduction
 Copyright is a fundamental legal concept that grants creators of original works exclusive rights to
their creations.
 These rights enable creators to control the use, distribution, and adaptation of their works. Copyright
aims to balance the interests of creators, who receive protection and recognition for their efforts,
and the public, which benefits from access to creative content.
 Providing them with exclusive control over its use, reproduction, distribution, performance, display,
and adaptation.
 This right typically lasts for the creator's lifetime plus a number of years, depending on the
jurisdiction, after which the work enters the public domain.
 Original Works: Copyright applies to original works of authorship that are fixed in a tangible medium
of expression. This includes literary works, musical compositions, dramatic works, artistic works,
sound recordings, and cinematographic films.
 Rights Conferred: The copyright holder has the exclusive right to reproduce, distribute, perform,
display, and create derivative works based on the original. These rights enable the creator to control
how their work is used and monetized.
 Duration of Copyright - Copyright protection typically lasts for the life of the author plus 50 to 70
years, depending on the jurisdiction. For works created by multiple authors, it lasts for the life of the
last surviving author plus 50 to 70 years.
 Corporate Authors: For works created for hire or by corporations, copyright usually lasts for 95 years
from publication or 120 years from creation, whichever is shorter.
Assignment and Licensing of Copyright – Transfer of copyright Ownership from original Owner to another
person or entity
Assignment of Copyright
1. Negotiation
2. Drafting of license
3. Execution of lic
 4. Notification to copyright office
5. Voluntary lic
6. Compulsory lic
 Assignment refers to the transfer of copyright ownership from the original owner (creator)
to another person or entity.
 This transfer must be in writing and signed by the assignor.
 The assignment can be partial or complete, meaning the owner can transfer specific rights
while retaining others or transfer all rights to the assignee. Once assigned, the original
owner typically loses control over the transferred rights.
 Example: A writer may assign the copyright of a novel to a publishing house, granting them
the exclusive right to publish and distribute the book.
Landmark Case: Geisler v. McGraw-Hill, Inc. (1980) - This case illustrated the principles of copyright
assignment, particularly the importance of written agreements.
7. Licensing of Copyright – Grant usage Rights
 Licensing refers to the permission granted by the copyright owner to another party to use
the work under specified conditions. Unlike assignment, licensing does not transfer
ownership but grants usage rights.
Types of Licenses: ENC
1. Exclusive License: Grants the licensee exclusive rights to use the work, excluding the
copyright owner from granting similar rights to others.
2. Non-Exclusive License: Allows the copyright owner to grant similar rights to multiple
licensees.
3. Compulsory License: In some jurisdictions, a compulsory license may be issued to
ensure public access to certain works, such as music.
Characteristics: Licensing agreements should detail the scope of use, duration, compensation, and any
other relevant terms. These agreements can be tailored to specific needs and can include terms for
royalties, usage restrictions, and sublicensing rights.
Example: A film studio may obtain a license to use a copyrighted song in a movie, specifying how the song
can be used and the payment terms.
Landmark Case: Campbell v. Acuff-Rose Music, Inc. (1994) - This case addressed the fair use doctrine and its
relationship with licensing, particularly focusing on the transformation of copyrighted material.
5. When can compulsory license be issued in copyright, who will grant the compulsory license and when it
can be revoked? *
Introduction – This system is designed to balance the interests of copyright owners with public access needs
Compulsory licensing in copyright law is a mechanism that allows certain uses of copyrighted works without
the permission of the copyright holder. This system is designed to balance the interests of copyright
owners with public access needs, especially in cases where the work is deemed necessary for public
benefit. The concept is integral to ensuring that works are available for public use even when the copyright
owner is unwilling or unable to grant permissions.
Definition
A compulsory license is a legal provision that allows someone to use a copyrighted work without the
consent of the copyright owner, typically for public interest reasons. This type of license is often granted
under specific conditions outlined by law or regulation.
Explanation
1. Conditions for Issuance - PNF
o Public Interest: Compulsory licenses are usually issued in situations where there is a clear
public need or benefit that outweighs the copyright holder’s exclusive rights. This might
include situations where the work is essential for education, health, or public welfare.
o Non-Availability: In some jurisdictions, compulsory licenses can be issued if the copyright
owner is not making the work available to the public or if they are charging unreasonable
fees.
o Fair Compensation: The use under a compulsory license must provide fair compensation to
the copyright owner. The amount of compensation is determined based on statutory
guidelines or negotiated agreements.
2. Granting of Compulsory Licenses
o Authority: In many jurisdictions, a compulsory license can be granted by a government
authority or copyright tribunal. The specific body varies by country and can include agencies
or courts designated to handle copyright matters.
o Procedure: The process typically involves an application by the interested party, a review of
the necessity and terms of the license, and a determination of fair compensation for the
copyright owner. The authority evaluates whether the conditions for a compulsory license are
met and if the proposed use serves the public interest.
3. Revocation of Compulsory Licenses
o Grounds for Revocation: A compulsory license can be revoked if the conditions under which it
was granted are no longer met. This might include situations where the public need is no
longer present, or if the copyright owner starts making the work available under reasonable
terms.
o Procedure: The process for revocation is typically initiated by the copyright owner or the
issuing authority. The party seeking revocation must demonstrate that the grounds for the
license's issuance have changed, justifying the termination of the compulsory license.
o Legal Framework: The legal framework governing the revocation of compulsory licenses is
often outlined in copyright statutes or regulations, specifying the conditions and procedures
for revocation.
Landmark Case : Indian Case: Indian Performing Right Society Ltd. v. Eastern India Motion Pictures
Association (1977) This case illustrates the application of compulsory licensing in the context of performance
rights for music, highlighting the balance between copyright protection and public access.
Examples of Compulsory Licenses
Globally
1. Pharmaceuticals
o HIV/AIDS Drugs in South Africa (2001): To combat the HIV/AIDS epidemic, South Africa issued
compulsory licenses to allow the production of generic versions of patented antiretroviral
drugs, making treatment more accessible and affordable.
o India and Cancer Medication (2012): India granted a compulsory license to Natco Pharma for
the production of a generic version of Bayer's patented cancer drug, Nexavar, to make it
affordable for patients.
 2. Music and Broadcasting
o Radio Broadcasting in the United States: The US has a system of statutory licenses that
allows radio broadcasters to play copyrighted music without negotiating individual licenses
with rights holders, as long as they pay a set fee.
o Jukebox Licensing (USA): In the US, jukebox operators are subject to a compulsory license for
the public performance of music, requiring payment of standardized fees to performing rights
organizations.
3. Educational Materials
o Textbooks in Developing Countries: Some countries have issued compulsory licenses for the
reproduction and distribution of textbooks and educational materials to improve access to
education.
4. Technology
o Telecommunications Patents: Certain essential patents in the telecommunications industry,
such as those related to 4G or 5G technologies, may be subject to compulsory licensing to
ensure broad and fair access to critical technological advancements.
In India
1. Pharmaceuticals
o Nexavar (Sorafenib Tosylate) (2012): India's first compulsory license was granted to Natco
Pharma for Bayer’s patented cancer drug, Nexavar, enabling the production and sale of a
more affordable generic version.
o COVID-19 Treatments: During the COVID-19 pandemic, there were discussions and proposals
for issuing compulsory licenses for drugs and vaccines to ensure wider accessibility and
affordability, though formal licenses were not always granted.
2. Agricultural Chemicals
o Monsanto’s Bt Cotton Technology (2016): The Indian government considered issuing a
compulsory license for Monsanto's patented Bt cotton seeds to make the technology more
accessible to Indian farmers and reduce seed prices.
3. Music and Broadcasting
o Public Performance of Music: Indian law provides for compulsory licensing for the public
performance of musical works, allowing venues like restaurants, radio stations, and event
organizers to use copyrighted music upon payment of a prescribed fee.
6. What do you mean by infringement of copyright? What are the determining factors measuring
infringement of copyright? ***
Introduction
Copyright infringement occurs when an individual or entity uses a copyrighted work without authorization
from the copyright holder, in a manner that violates the exclusive rights granted to the copyright owner. This
illegal use can undermine the value of the copyrighted work and the rights of its creator.
Copyright infringement refers to the unauthorized use, reproduction, distribution, or display of a
copyrighted work in a way that violates the copyright owner's exclusive rights. This includes actions such as
copying, adapting, performing, or distributing a copyrighted work without permission.
Determining Factors for Measuring Infringement
  Ownership of Copyright
 Existence of Copying
 Access and substantial similarity
 Unauthorized Use
Character and purpose of use
o Nature of copyright work
o Amount of copyright work
o Effect of copyright work marked

1. Ownership of Copyright
o Proof of Ownership: The plaintiff must demonstrate that they hold a valid copyright in the
work. This usually involves showing that the work is original and has been fixed in a tangible
medium of expression. Registration of the work with the relevant copyright office can serve as
prima facie evidence of ownership.
o Documentation: Documentation such as copyright registration certificates, contracts, or other
relevant records can be used to establish ownership.
2. Existence of Copying
o Direct Copying: Direct copying involves a straightforward replication of the work. Evidence
might include physical copies of the work or direct testimony regarding the copying process.
o Indirect Copying (Substantial Similarity): When direct evidence is not available, courts look at
whether the alleged infringing work is substantially similar to the original work. This is
determined by comparing the two works and assessing whether the accused work is so similar
that it suggests copying rather than independent creation.
3. Access and Substantial Similarity
o Access: The plaintiff must show that the alleged infringer had access to the copyrighted work.
Access can be proven through evidence such as prior dealings between the parties or through
public availability of the work.
o Substantial Similarity: Courts examine whether the two works are substantially similar in
terms of their protected elements. This involves an analysis of both works to determine if
they share significant similarities that are not attributable to mere coincidence.
4. Unauthorized Use
o Nature of Use: The use of the copyrighted work must be unauthorized. Even if the work is
copied or displayed, if permission was granted, there is no infringement. Unauthorized use
includes reproducing, distributing, performing, or displaying the work without consent.
o Purpose and Character: Courts may consider the purpose and character of the use, such as
whether it was commercial or non-commercial, and whether it was transformative. However,
the mere fact that a use is for commercial purposes does not automatically mean it is
infringing.
Landmark Case
Indian Case: Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association (1977): This
case clarified the scope of copyright infringement in the context of performance rights for music, illustrating
how courts assess access, similarity, and unauthorized use.
7. Discuss the rights of copyright owner.
Introduction
Copyright law grants creators of original works a set of exclusive rights to control and benefit from the use of
their creations. These rights are designed to encourage creativity by allowing authors and creators to reap
the rewards of their intellectual labor. Understanding these rights is essential for both creators and users of
copyrighted works.
List of rights
1. Right to Reproduce (Reproduction Right) - eg.If a novel is printed and sold, the publisher must
have permission from the author to reproduce and distribute copies of the book.
2. Right to Distribute (Distribution Right)- eg: A software company must license its software to
users and cannot distribute copies without authorization.
3. Right to Perform Publicly (Performance Right)- eg: A theater company must obtain permission
to perform a play in front of an audience.
4. Right to Display Publicly (Display Right) - eg: An art gallery must have the artist's permission to
exhibit their artwork.
5. Right to follow
6. Right to paternity
7. Sui generis – unique in nature
8. Right to Create Derivative Works (Adaptation Right) - eg: A film adaptation of a novel requires
permission from the author to create the derivative work.
9. Moral Rights (Varies by Jurisdiction) - eg: An artist may have the right to be recognized as the
author of a painting and to prevent alterations that might harm their reputation.
1. Right to Reproduce (Reproduction Right) - The copyright owner has the exclusive right to reproduce the
copyrighted work in any form. This includes copying, printing, and making digital reproductions.
 Scope: This right covers both physical copies (e.g., books, CDs) and digital copies (e.g., e-books,
downloadable files). Unauthorized reproduction without the permission of the copyright holder
constitutes infringement.
 Example: If a novel is printed and sold, the publisher must have permission from the author to
reproduce and distribute copies of the book.
2. Right to Distribute (Distribution Right) - The copyright owner has the exclusive right to distribute copies
of the copyrighted work to the public by sale, transfer of ownership, rental, or lending.
 Scope: This right extends to physical copies (e.g., books, DVDs) and digital copies (e.g., e-books,
software). Unauthorized distribution or sale of copies is considered infringement.
 Example: A software company must license its software to users and cannot distribute copies
without authorization.
3. Right to Perform Publicly (Performance Right) - The copyright owner has the exclusive right to perform
the copyrighted work publicly. This applies to literary, musical, dramatic, and choreographic works.
 Scope: Public performances include live performances, plays, concerts, and performances
broadcasted via radio or television. Permission is required for public performances of copyrighted
works.
 Example: A theater company must obtain permission to perform a play in front of an audience.

4. Right to Display Publicly (Display Right) - The copyright owner has the exclusive right to display the
copyrighted work publicly. This is applicable to works such as artworks, photographs, and visual designs.
 Scope: Public displays include exhibitions, presentations, and digital displays. Unauthorized public
display of copyrighted works without permission is an infringement.
 Example: An art gallery must have the artist's permission to exhibit their artwork.
5. Right to Create Derivative Works (Adaptation Right) - The copyright owner has the exclusive right to
create derivative works based on the original copyrighted work. Derivative works include adaptations,
translations, and other modifications.
 Scope: This right allows the copyright holder to control how their work is modified or adapted.
Unauthorized creation of derivative works is a form of infringement.
 Example: A film adaptation of a novel requires permission from the author to create the derivative
work.
6. Moral Rights (Varies by Jurisdiction) - In some jurisdictions, copyright owners have moral rights that
include the right to attribution and the right to object to derogatory treatment of their work.
 Scope: These rights are separate from economic rights and focus on the personal connection
between the author and their work. Not all countries recognize moral rights to the same extent.
 Example: An artist may have the right to be recognized as the author of a painting and to prevent
alterations that might harm their reputation.
Landmark Cases
Indian Case: Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association (1977): This
case highlights the enforcement of performance rights and how they are protected under copyright law.
US Case: Feist Publications v. Rural Telephone Service (1991): This case established that copyright
protection does not extend to factual information but to the creative expression of that information.
8. What are the qualifying elements to be in existence in a work for its copyright ability?
Introduction
For a work to be eligible for copyright protection, it must meet specific criteria set forth by copyright law.
These criteria ensure that the work is sufficiently original and fixed in a tangible form, distinguishing it from
other types of intellectual property like patents or trademarks. Understanding these qualifying elements is
crucial for determining whether a work can receive copyright protection.
1. Originality - eg: An original piece of fiction written by an author is protected by copyright, whereas a
factual list of telephone numbers is not.
2. Fixation - eg. A novel typed on a computer or a song recorded on a smartphone are both fixed in a
tangible medium and thus eligible for copyright protection.
3. Expression, Not Ideas - eg: A unique plot and characters in a novel are protected, but the general idea
of a story about a hero's journey is not.
4. Minimal Creativity - eg: A simple poem or a basic sketch may qualify for copyright protection if it
demonstrates some creative expression, even if it is not considered highly artistic.
5. Right conferred
6. Duration
7. Transferability
8. Moral Right

 Creation of copyright statutes

 Monopoly right
 Negative right
 Economic right
 Moral right
 Work must be original
 Expression not idea
1. Originality : The work must be original, meaning it must be the result of the author's own creativity and
not copied from other sources.
 Scope: Originality does not require that the work be novel or unique, but it must involve some
degree of creative effort. Works that are merely factual or purely functional may not qualify.
 Example: An original piece of fiction written by an author is protected by copyright, whereas a factual
list of telephone numbers is not.
2. Fixation - The work must be fixed in a tangible medium of expression. This means that it must be
recorded or written down in some physical form that can be perceived, reproduced, or otherwise
communicated.
 Scope: Fixation can occur in various forms, including written documents, digital files, audio
recordings, and more. Temporary forms of fixation are also acceptable if they meet the criteria.
 Example: A novel typed on a computer or a song recorded on a smartphone are both fixed in a
tangible medium and thus eligible for copyright protection.
3. Expression, Not Ideas : Copyright protects the expression of ideas, not the ideas themselves. The specific
way in which an idea is expressed must be original, but the idea itself is not protected.
 Scope: This means that while the particular way a story is written or a design is depicted can be
copyrighted, the underlying idea or concept cannot be monopolized.
 Example: A unique plot and characters in a novel are protected, but the general idea of a story about
a hero's journey is not.
4. Minimal Creativity : The work must exhibit a minimal degree of creativity. This means that it should show
some level of creative effort, even if it is not highly inventive.
 Scope: Minimal creativity is required to distinguish the work from purely mechanical or routine
actions. It does not necessitate a high level of artistic skill.
 Example: A simple poem or a basic sketch may qualify for copyright protection if it demonstrates
some creative expression, even if it is not considered highly artistic.
Characteristics of Copyright
1. Originality : The work must be original, meaning it should be independently created by the author and
possess some degree of creativity. Originality does not require novelty or uniqueness, just that the work was
not copied from another source.
o Case Law: Feist Publications, Inc. v. Rural Telephone Service Co. (1991) - The U.S. Supreme
Court held that a compilation of facts, like a phone book, lacks the requisite originality for
copyright protection if it is merely an alphabetical listing of names.
2. Fixation : The work must be fixed in a tangible medium of expression that is sufficiently permanent or
stable to be perceived, reproduced, or otherwise communicated for more than a transitory duration. This
includes written documents, recordings, sculptures, and digital formats.
o Case Law: Williams v. Gaye (2018) - The court held that musical compositions fixed in sound
recordings qualify for copyright protection.
3. Rights Conferred : Copyright grants the author exclusive rights to reproduce, distribute, perform, display,
or license the work, and to create derivative works based on it. These rights allow the creator to control how
their work is used and to receive compensation for its use.
 o Case Law: Harper & Row, Publishers, Inc. v. Nation Enterprises (1985) - The U.S. Supreme
Court held that the right to control the first public distribution of a work is a fundamental
aspect of copyright.
4. Duration : Copyright protection does not last indefinitely. It typically lasts for the lifetime of the author
plus an additional 70 years after their death. This ensures that works eventually enter the public domain,
promoting access and use by the public.
o Case Law: Eldred v. Ashcroft (2003) - The U.S. Supreme Court upheld the constitutionality of
the Copyright Term Extension Act, which extended the duration of copyright protection.
5. Transferability : Copyright can be transferred or assigned to others, either in whole or in part, and can be
inherited. This allows creators to sell or license their rights to others, providing economic benefits and wider
dissemination of their works.
o Case Law: Community for Creative Non-Violence v. Reid (1989) - The U.S. Supreme Court ruled
on the determination of copyright ownership and transferability in the context of works made
for hire.
6. Moral Rights : In addition to economic rights, some jurisdictions recognize moral rights, which protect the
personal and reputational value of a work. These rights include the right to attribution and the right to the
integrity of the work.
o Case Law: Droit d'Auteur - In countries recognizing moral rights, like France, authors can
object to any distortion or mutilation of their work that would harm their honor or
reputation.
Landmark Cases
US Case: Feist Publications, Inc. v. Rural Telephone Service Co. (1991): This case clarified that copyright does
not protect facts or mere compilations of facts but protects original expressions of those facts.
UK Case: University of London Press Ltd. v. University Tutorial Press Ltd. (1916): This case established that
originality in the copyright sense involves a work being the result of the author's labor, skill, and judgment.
9. Intellectual property rights protection in the products of human intellect in whatever field of human
activity and endeavor. Elucidate
Introduction
Intellectual Property Rights (IPR) are legal rights that protect creations of the human intellect. They aim to
provide creators and inventors with exclusive rights to their creations, encouraging innovation and creativity
across various fields of human activity and endeavor. This protection covers a broad range of intellectual
outputs, including inventions, literary and artistic works, symbols, names, and images used in commerce.
Meaning and Definition
 Intellectual Property Rights (IPR): Legal protections granted to creators and inventors to safeguard
their creations and inventions, allowing them to control and benefit from their use.
 Products of Human Intellect: Outputs that result from intellectual activity in various fields, including
literature, art, science, technology, and commerce.
Types and Characteristics
1. Patents: Patents protect new inventions and provide the patent holder with the exclusive right to
use, sell, and manufacture the invention for a specified period.
o Examples: Pharmaceuticals, technological innovations, mechanical devices.
 o Characteristics: Novelty, non-obviousness, and industrial applicability.
2. Copyrights: Copyrights protect original literary, artistic, and musical works, giving the creator
exclusive rights to reproduce, distribute, and display the work.
o Examples: Books, music, paintings, films.
o Characteristics: Originality, fixation in a tangible medium.
3. Trademarks: Trademarks protect symbols, names, and slogans used to identify goods and services,
ensuring consumers can distinguish between different brands.
o Examples: Logos, brand names, taglines.
o Characteristics: Distinctiveness, non-deceptiveness.
4. Trade Secrets: Trade secrets protect confidential business information that provides a competitive
edge, such as formulas, practices, designs, and processes.
o Examples: Coca-Cola formula, KFC recipe.
o Characteristics: Secrecy, economic value, reasonable efforts to maintain confidentiality.
5. Industrial Designs: Industrial designs protect the aesthetic aspects of products, such as shape,
configuration, and ornamental features.
o Examples: Furniture designs, car models.
o Characteristics: Novelty, originality.
Explanation and Landmark Case Laws
1. Encouraging Innovation and Creativity: IPR encourages individuals and companies to invest time and
resources into developing new products and ideas, knowing they will have exclusive rights to benefit
from their creations.
Diamond v. Chakrabarty (1980) - The US Supreme Court ruled that genetically modified organisms could be
patented, promoting innovation in biotechnology.
2. Economic Growth and Development: IPR contributes to economic growth by fostering an
environment where innovation thrives, leading to new industries, job creation, and increased trade.
o Case Law: Alice Corp. v. CLS Bank International (2014) - The US Supreme Court clarified patent
eligibility criteria, impacting the software and technology sectors.
3. Consumer Protection: Trademarks protect consumers by ensuring they can identify the source of
goods and services, reducing confusion and promoting trust in the marketplace.
o Case Law: Qualitex Co. v. Jacobson Products Co. (1995) - The US Supreme Court ruled that
color alone can be trademarked, protecting brand identity.
4. Cultural and Social Benefits: Copyright protects cultural heritage and artistic expression, allowing
creators to control the dissemination and use of their works, ensuring their contributions are
recognized and valued.
o Case Law: Moral Rights in Droit d’Auteur - European countries recognize moral rights,
ensuring authors have control over the integrity of their works.
10. Explain the scope of literacy work with illustrations.
Introduction
Literary work, as defined under copyright law, encompasses a wide range of written and sometimes spoken
expressions. This category is one of the most significant and diverse types of work protected by copyright.
Meaning and Definition
According to the Copyright Act, literary work includes any work that is expressed in words, letters, symbols,
or numerals, irrespective of the form it is expressed in, such as books, manuscripts, poems, articles, and
computer programs.
1. Traditional Literary Forms : Books and Novels, Short Stories and Essays etc.
2. Poetry: Works that express ideas, emotions, or a story in a rhythmic and often metaphorical manner.
3. Dramatic Works : Scripts and screenplays intended for performance in theaters or on screen.
4. Scholarly and Academic Works : Textbooks, research papers, dissertations, and other scholarly
articles.
5. Journalistic Works : Newspaper articles, journal entries, and investigative reports.
6. Digital and Electronic Works : Works that exist in digital format, including e-books, blogs, and online
articles.
7. Letters and Diaries : Personal communications and private journals that are often published
posthumously.
8. Computer Programs and Software : Source code and object code of computer programs.

Scope of Literary Work

1. Traditional Literary Forms
o Books and Novels: These are long-form narratives, either fictional or non-fictional. They
represent a primary category of literary work.
 Illustration: J.K. Rowling's "Harry Potter" series, which encompasses seven books, each
telling a part of a larger fictional narrative.
o Short Stories and Essays: These are shorter forms of writing that can be either fictional or
non-fictional.
 Illustration: Edgar Allan Poe’s “The Tell-Tale Heart” as a short story, and George
Orwell’s essay “Politics and the English Language.”
2. Poetry: Works that express ideas, emotions, or a story in a rhythmic and often metaphorical manner.
 Illustration: Robert Frost’s poem “The Road Not Taken,” which uses a simple narrative
to convey deeper philosophical ideas.
3. Dramatic Works: Scripts and screenplays intended for performance in theaters or on screen.
 Illustration: William Shakespeare’s “Hamlet” as a play, and Aaron Sorkin’s screenplay
for “The Social Network.”
4. Scholarly and Academic Works: Textbooks, research papers, dissertations, and other scholarly
articles.
 Illustration: Albert Einstein’s “Relativity: The Special and the General Theory” and
Charles Darwin’s “On the Origin of Species.”
5. Journalistic Works: Newspaper articles, journal entries, and investigative reports.
 Illustration: Bob Woodward and Carl Bernstein’s investigative articles on the
Watergate scandal.
6. Digital and Electronic Works - Works that exist in digital format, including e-books, blogs, and online
articles.
  Illustration: E.L. James’s "Fifty Shades of Grey" series, initially published as an e-book,
and influential blogs like “TechCrunch.”
7. Letters and Diaries - Personal communications and private journals that are often published
posthumously.
 Illustration: The letters of Vincent van Gogh to his brother Theo, and the diaries of
Anne Frank.
8. Computer Programs and Software - Source code and object code of computer programs.
 Illustration: The source code of the Linux operating system and software applications
like Microsoft Word.
Landmark Case Laws
University of London Press Ltd v. University Tutorial Press Ltd (1916): Established that examination papers
are literary works, as they involve the skill and judgment of the compiler. This case broadened the definition
of what constitutes a literary work.
Eastern Book Company v. D.B. Modak (2008): The Supreme Court of India ruled that judicial
pronouncements, though initially public domain, can have copyright protection in the form of headnotes and
editorials created by publishers. This case emphasized the originality aspect in the compilation of literary
works.
11. Copyright exist in expression of idea and Lord in idea itself. Elucidate.
Introduction - copyright protection extends only to the expression of ideas, not the ideas themselves
Copyright law is designed to protect the rights of creators by granting them exclusive rights over their
original works. However, one fundamental principle is that copyright protection extends only to the
expression of ideas, not the ideas themselves. This distinction is crucial in understanding the scope and
limitations of copyright protection.
Meaning and Definition
 Idea: An idea is a thought, concept, or notion that is intangible and abstract.
 Expression: An expression is the tangible form in which an idea is articulated, such as in writing,
music, or art.
Characteristics and Features
1. Separation of Idea and Expression
o Definition: The idea-expression dichotomy is a principle in copyright law that separates the
idea from the way it is expressed.
o Explanation: While ideas are free for anyone to use, the specific way an idea is expressed can
be protected by copyright.
 Illustration: The idea of a romance novel is not protected, but a specific novel like
"Pride and Prejudice" is protected.
2. Scope of Copyright Protection
o Definition: Copyright protection applies to the original expression of an idea.
o Explanation: This means that while the underlying idea can be shared and built upon, the
unique manner in which it is presented is protected.
  Illustration: The plot of a detective story is an idea, but the detailed narrative and
characters in Arthur Conan Doyle’s “Sherlock Holmes” stories are protected.
Explanation
The principle that copyright exists in the expression of an idea and not in the idea itself ensures a balance
between protecting creators and fostering innovation and creativity. Here are some key points:
1. Encourages Creativity
o Explanation: By protecting expressions but not ideas, copyright law encourages creators to
develop unique and original expressions, leading to a diverse array of creative works.
o Illustration: Two filmmakers can produce movies based on the same historical event, but each
film will be protected for its unique script, direction, and production.
2. Prevents Monopolization of Ideas
o Explanation: If ideas were protected, it would lead to monopolization, stifling creativity and
innovation. By only protecting expressions, the law ensures that ideas remain free for others
to use and develop.
o Illustration: The idea of time travel is free for any author to explore, but the specific narrative
of H.G. Wells’s “The Time Machine” is protected.
Landmark Case Laws
Baker v. Selden (1879): The U.S. Supreme Court held that the copyright protection of a book explaining a
system of bookkeeping does not extend to the system itself. This case established the fundamental principle
that copyright protects the expression of an idea, not the idea itself.
R.G. Anand v. Deluxe Films (1978): The Supreme Court of India held that the basic idea of a play was not
protected by copyright, but the specific form, treatment, and expression were protected. This case
reinforced the idea-expression dichotomy in Indian copyright law.
12. Explain the modes of assignment of copyright under copyright law. Both 10 and 6 marks
Modes of Assignment of Copyright Under Copyright Law
Introduction
Assignment of copyright involves the transfer of ownership rights from the original copyright holder to
another party. This transfer can be complete or partial, covering one or more of the exclusive rights granted
by copyright law. Understanding the modes of assignment ensures that the transfer is legally binding and
clear for all parties involved.
Meaning and Definition
 Assignment of Copyright: The process by which a copyright owner transfers some or all of their
rights to another party.
 Assignee: The party to whom the rights are transferred.
 Assignor: The original copyright holder who transfers the rights.
Types of Assignment
1. Complete Assignment : The transfer of all rights associated with the copyright to the assignee.
o Explanation: The original copyright holder no longer retains any rights over the work.
o Example: An author sells all rights to their novel to a publishing house.
2. Partial Assignment The transfer of some, but not all, rights associated with the copyright.
o Explanation: The original copyright holder retains some rights while transferring others.
o Example: A musician grants a recording company the right to produce and sell records but
retains performance rights.
3. Assignment for a Limited Period - The transfer of rights for a specified period.
o Explanation: After the expiration of the period, the rights revert to the original holder.
o Example: A photographer grants a magazine the right to use a photograph for one year.
4. Territorial Assignment - The transfer of rights limited to a specific geographical area.
o Explanation: The assignee has rights only in the designated territory.
o Example: An author assigns the publication rights of a book in the United States to one
publisher and in Europe to another.
Key elements involved include:
1. Written Agreement - The assignment must be documented in writing.
o Purpose: Ensures clarity and legal enforceability.
o Example: A written contract between a songwriter and a music producer detailing the rights
transferred.
2. Scope of Rights Assigned - The specific rights being transferred must be explicitly stated.
o Purpose: To avoid ambiguity and ensure both parties understand the extent of the transfer.
o Example: A document specifying the right to reproduce, distribute, and publicly display a
photograph.
3. Duration of Assignment - The period for which the rights are assigned should be mentioned.
o Purpose: Determines the time frame of the assignee’s control over the rights.
o Example: A five-year assignment period for the broadcast rights of a television show.
4. Consideration - The value exchanged for the assignment, which could be monetary or otherwise.
o Purpose: Ensures that the assignment is legally binding as a contract.
o Example: Payment of $10,000 for the exclusive publishing rights of a novel.
Landmark Case Laws
Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977): The Supreme
Court of India held that an assignment of copyright must be in writing. This case emphasized the necessity of
a written agreement for the assignment of copyright.
V.T. Thomas v. Malayala Manorama Co. Ltd. (1989): The court ruled on the interpretation of the scope of
assigned rights, reinforcing the importance of clear and specific terms in the assignment agreement.
Highlighted the need for precise documentation in copyright assignments to avoid disputes.
13. Describe the various modes of transfer of copyright *”
Introduction
Copyright, as a form of intellectual property, can be transferred from one entity to another. The transfer of
copyright allows the copyright holder to monetize their creative works and grants the assignee the rights to
exploit these works. The modes of transfer of copyright are primarily defined by the Copyright Act, and they
include assignment, licensing, and inheritance.
Meaning and Definition
 Transfer of Copyright: The act by which the copyright owner conveys their rights, either entirely or
partially, to another party.
 Assignor: The original copyright owner who transfers their rights.
 Assignee: The person or entity to whom the rights are transferred.
Types and Modes of Transfer
 Assignment of Copyright - The transfer of ownership rights from the copyright owner to another party.
 Licensing of Copyright - Granting permission to another party to use the copyrighted work under
specified conditions.
 Transfer by Operation of Law - Transfer of copyright due to legal circumstances rather than an
agreement.
 Moral Rights Transfer - Transfer of certain rights related to the personal and reputational interests of
the author.
1. Assignment of Copyright - The transfer of ownership rights from the copyright owner to another party.
The assignor relinquishes their rights to the assignee, who then gains control over the copyrighted work. Eg.
An author sells all rights to a novel to a publishing company.
o Requirements:
 Must be in writing and signed by the assignor.
 Should specify the rights being transferred, the territory, and the duration.
2. Licensing of Copyright - Granting permission to another party to use the copyrighted work under specified
conditions. Unlike an assignment, the licensor retains ownership while granting certain usage rights to the
licensee. Eg: A musician grants a recording studio the exclusive right to produce and sell their music for a
specified period.
o Types of Licenses:
 Exclusive License: Grants the licensee exclusive rights to use the work, prohibiting
even the licensor from using it.
 Non-Exclusive License: Allows multiple licensees to use the work simultaneously.
 Compulsory License: Mandated by law, allowing use of the work under statutory
conditions.
o Requirements:
 Should be in writing for exclusive licenses.
 Must detail the scope, duration, and territory of the license.
3. Transfer by Operation of Law - Transfer of copyright due to legal circumstances rather than an
agreement. This can occur through inheritance, bankruptcy, or other legal mechanisms. Eg: Upon the death
of a copyright owner, their rights may pass to their heirs as per the will or intestacy laws.
o Requirements:
 Compliance with legal provisions regarding inheritance or bankruptcy proceedings.
4. Moral Rights Transfer - Transfer of certain rights related to the personal and reputational interests of the
author. In some jurisdictions, moral rights such as the right of attribution and the right to integrity can be
transferred. Eg: An artist may transfer the right to be credited for their work to another party.
o Requirements:
 Depending on jurisdiction, may require specific agreements or legal formalities.
Explanation and Legal Provisions
 Written Agreement: Essential for assignment and exclusive licensing to ensure clarity and legal
enforceability.
 Scope and Duration: Clearly defined in the agreement to avoid disputes and ensure both parties
understand the extent of the transfer.
 Consideration: Often includes monetary payment or other value exchanged for the transfer of rights.
Landmark Case Laws
Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977): Emphasized the
necessity of written agreements for the assignment of copyright. Reinforced the importance of
documentation in the transfer of copyright.
Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2008): Addressed the issue of
compulsory licensing and the statutory conditions under which it can be granted. Highlighted the role of
compulsory licenses in ensuring public access to copyrighted works.
6 marks
1. Write a note in termination of license of copyright
Introduction
The termination of a copyright license involves the cancellation or revocation of the rights granted to the
licensee by the licensor. This process is critical in ensuring that the copyright holder can regain control over
their work if certain conditions are met or if the licensee fails to comply with the terms of the agreement.
 License of Copyright: A legal agreement granting permission to use a copyrighted work under specific
conditions.
 Termination of License: The process of ending the rights and permissions granted under a copyright
license.
Types of Termination
1. Termination by Expiration : A license may have a specified duration after which it automatically
expires. Eg: A music license granted for a period of five years will terminate automatically after
the five years have elapsed.
2. Termination by Agreement : Both parties, the licensor and the licensee, may mutually agree to
terminate the license before the expiration date. Eg A publisher and an author may agree to end
a publishing license if the book is not selling well.
3. Termination for Breach of Terms : If the licensee violates any terms of the license agreement, the
licensor can terminate the license. Eg If a licensee distributes more copies of a software than
allowed by the license, the licensor can terminate the license.
4. Termination by Law : Certain jurisdictions allow for statutory termination of copyright licenses
under specific conditions. Eg: Under U.S. law, authors can terminate transfers and licenses of
their copyrights after a set period (usually 35 years).
5. Reasonable notice
 6. Under term of lic
7. Written notice
8. Bankcrupcy
Explanation and Legal Provisions
1. Contractual Terms - The license agreement should clearly outline the conditions under which the license
can be terminated. Eg: A clause in the agreement specifying that the license will terminate if the licensee
fails to make timely royalty payments.
2. Notice Requirements - Typically, the licensor must provide written notice to the licensee before
terminating the license. Eg: A 30-day notice period is common, giving the licensee time to rectify any
breaches or prepare for the termination.
3. Statutory Provisions - Laws may provide specific procedures for terminating a license. Eg. The U.S.
Copyright Act allows authors to terminate transfers of their works after a certain period, regardless of the
contract terms.
Landmark Case Laws
1. Stewart v. Abend (1990)
o Summary: This U.S. Supreme Court case highlighted the ability of an author’s heirs to
terminate a license agreement after the author’s death.
o Significance: Reinforced the statutory right of termination in U.S. copyright law.
2. Marvel Characters, Inc. v. Simon (2002)
o Summary: The case involved the termination of copyright assignments, emphasizing the right
to terminate under U.S. law.
o Significance: Demonstrated the application of statutory termination rights for creators and
their heirs.
Consequences of Termination
 Reversion of Rights: Upon termination, all rights granted under the license revert to the licensor.
 Cease of Usage: The licensee must immediately cease using the copyrighted work in accordance with
the termination notice.
 Settlement of Accounts: The parties may need to settle any financial accounts related to the license
up to the point of termination.
2. Copyright Societies
Introduction
Copyright societies are organizations that manage and protect the rights of creators and copyright holders.
They play a crucial role in the administration, licensing, and enforcement of copyrights, ensuring that
creators receive fair compensation for the use of their works.
Meaning and Definition
 Copyright Society: An organization formed to collectively manage the rights of copyright holders.
These societies issue licenses, collect royalties, and distribute payments to the creators.
 Purpose: To facilitate the efficient management of copyright licenses and ensure that copyright
holders are compensated for the use of their works.
Types and Characteristics
1. Collective Management Organizations (CMOs) - CMOs represent the interests of multiple copyright
holders, administering their rights collectively. Eg. ASCAP (American Society of Composers, Authors, and
Publishers) in the United States.
2. Performing Rights Organizations (PROs) - PROs specifically manage performance rights for musical works,
including public performances and broadcasts. Eg. PRS for Music in the United Kingdom.
3. Reproduction Rights Organizations (RROs) - RROs manage the rights related to the reproduction of works,
such as photocopying and digital reproductions. Eg. CCC (Copyright Clearance Center) in the United States.
Functions and Responsibilities
1. Licensing
2. Royalty Collection
3. Royalty Distribution
4. Enforcement
5. Amendment of copyright laws
1. Licensing - : Copyright societies issue licenses to users, such as broadcasters, venues, and digital platforms,
allowing them to legally use copyrighted works. Example: A radio station obtaining a license from a PRO to
play music.
2. Royalty Collection - These societies collect royalties from licensees based on the usage of copyrighted
works. Eg. Collecting fees from a streaming service for playing licensed music.
3. Royalty Distribution - Collected royalties are distributed to the respective copyright holders, ensuring they
are compensated for their work. Example: Distributing royalties to songwriters and composers based on the
frequency their music is played.
4. Enforcement - Copyright societies monitor the use of works and take legal action against unauthorized
usage. Example: Initiating a lawsuit against a company using copyrighted images without a license.
Legal Provisions and Regulatory Framework
1. National Laws - Different countries have laws governing the formation and operation of copyright
societies.
2. International Treaties - International agreements, such as the Berne Convention, set standards for
copyright protection and the role of collective management organizations.
Landmark Case Laws
CBS, Inc. v. ASCAP (1979) - This case involved the challenge of blanket licenses issued by ASCAP. The court
upheld the legality of blanket licenses, reinforcing the role of PROs in managing performance rights.
Amarnath Sehgal v. Union of India (2005) - This Indian case highlighted the importance of moral rights and
the role of copyright societies in protecting these rights. Emphasized the need for copyright societies to also
consider the moral rights of creators.
3. Write a note on Copyright Board.
Introduction
The Copyright Board is a quasi-judicial body established to oversee and adjudicate matters related to
copyright law. It serves as an important institution for resolving disputes, setting royalty rates, and ensuring
the smooth administration of copyright regulations.
Meaning and Definition
  Copyright Board: A specialized tribunal constituted to handle issues arising under copyright law,
including disputes, licensing, and setting of royalty rates.
 Purpose: To provide a forum for efficient resolution of copyright-related issues, ensuring that both
copyright holders and users of copyrighted works are treated fairly.
Functions and Responsibilities
1. Adjudication of Disputes
2. Determining Royalty Rates
3. Granting Compulsory Licenses
4. Review and Approval of Licensing Schemes
5. Advisory Role
6. Summoning
7. Production of documents
8. Receiving evidence on affidivate
9. Examination of tribunal
10. Requisition to public records
1. Adjudication of Disputes : The Copyright Board adjudicates disputes between copyright holders and
users, including cases of infringement and licensing disagreements. Resolving a conflict between a music
producer and a streaming service over royalty payments.
2. Determining Royalty Rates : The Board sets royalty rates for the use of copyrighted works, ensuring fair
compensation for creators while balancing the interests of users. Establishing a standard royalty rate for the
broadcast of musical works on radio.
3. Granting Compulsory Licenses : The Board has the authority to grant compulsory licenses, allowing the
use of copyrighted works under specific conditions, often to promote public interest. Issuing a compulsory
license for the use of educational materials in schools.
4. Review and Approval of Licensing Schemes : The Board reviews and approves licensing schemes
proposed by copyright societies and other collective management organizations. Approving a licensing
scheme for the reproduction of books by a publishers' association.
5. Advisory Role : The Board may advise the government on copyright-related issues and propose
amendments to copyright laws and regulations. Recommending changes to copyright laws to address new
challenges posed by digital technologies.
Legal Provisions and Regulatory Framework
1. National Laws - Different countries have laws governing the formation and operation of copyright
societies.
2. International Treaties - International agreements, such as the Berne Convention, set standards for
copyright protection and the role of collective management organizations.
Landmark Case Laws
Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. (2012): This case involved a dispute over royalty
rates for broadcasting songs on FM radio. The Copyright Board's decision helped establish clearer guidelines
for setting royalties in the broadcasting industry.
Eastern Book Company v. D.B. Modak (2008) : This case addressed the issue of copyright protection for
published legal materials. The Copyright Board's intervention clarified the scope of copyright protection for
compilations of legal judgments.
4. Computer Software and Copyright.”*
Introduction
Computer software, a critical component of modern technology, involves a blend of creativity and technical
functionality. Copyright law plays a significant role in protecting the intellectual property rights associated
with software development. This protection ensures that the creators of software are rewarded for their
work and that unauthorized use or reproduction is prevented.
 Computer Software: A set of instructions, programs, and data that enable a computer to perform
specific tasks. This includes both source code (the human-readable code written by programmers)
and object code (the machine-readable code that a computer executes).
 Copyright: A legal right that grants the creator of original work exclusive rights to its use and
distribution, typically for a limited time, with the intention of enabling the creator to control and
profit from their creation.
Types and Characteristics of Copyright in Software
1. Protection of expression of ideas in software
2. Exclusive Rights
3. Duration of Protection
1. Scope of Protection - Copyright protects the expression of ideas in software, not the underlying ideas
or functional aspects. This means the specific code, algorithms, and user interfaces are protected, but
not the general concepts or methods of operation. Protecting the source code of a word processing
application, but not the concept of word processing itself.
2. Exclusive Rights : Copyright grants several exclusive rights to the software creator, including the right
to reproduce, distribute, perform, and display the software, as well as to create derivative works. The
software creator has the exclusive right to license or sell copies of the software.
3. Duration of Protection : The copyright protection for computer software generally lasts for the life of
the author plus a certain number of years (e.g., 70 years in many jurisdictions). For works created by
corporations, the duration may be different, often lasting a fixed number of years from the date of
publication. A software developed in 2020 by an individual author will be protected until 2090,
assuming the author lives a normal lifespan.
Legal Provisions and Regulations
1. National Laws - Many countries have specific provisions in their copyright laws that address
computer software. For example, the U.S. Copyright Act includes provisions for software, and similar
laws exist in other jurisdictions. The Copyright Act of 1976 in the United States specifically includes
computer programs as protected works.
2. International Treaties - International agreements like the Berne Convention and the TRIPS
Agreement provide frameworks for the protection of computer software across borders, ensuring
that copyright protection is recognized globally. The Berne Convention requires member countries to
provide copyright protection for software as they do for literary and artistic works.
Landmark Case Laws
Apple Computer, Inc. v. Franklin Computer Corp. (1983) - This case addressed the issue of whether the
copyright protection extended to computer software, including its source code. Significance: The court ruled
that software code was protected under copyright law, establishing an important precedent for software
protection.
Microsoft Corp. v. Softel (1995) - This case involved a dispute over software that copied Microsoft’s
Windows interface. Significance: The court affirmed that software interfaces could be protected under
copyright law, broadening the scope of protection for software creators.
5. Nature of copyright.
Introduction
Copyright is a fundamental area of intellectual property law that provides protection to creators of original
works. It grants them exclusive rights to their creations, ensuring that their intellectual efforts are
safeguarded against unauthorized use. Understanding the nature of copyright is crucial for both creators and
users of creative works.
Meaning and Definition
 Copyright: A legal right that gives the creator of an original work exclusive control over its use and
distribution. This right typically includes the ability to reproduce, distribute, perform, and display the
work, as well as to create derivative works.
Nature of Copyright
1. Exclusive Right
2. Automatic Protection
3. Temporal Nature
4. Transferable Rights
5. Economic and Moral Rights
6. Infringement and Remedies
1. Exclusive Right : Copyright provides the creator with exclusive rights over the use and distribution of
their work. This exclusivity allows the creator to control how their work is reproduced, performed,
and otherwise utilized. Eg. A musician who writes a song has the exclusive right to record, distribute,
and perform the song, or to license others to do so.
2. Automatic Protection : Copyright protection is automatic upon the creation of an original work.
Unlike patents or trademarks, copyright does not require registration or formal procedures to be
effective, although registration can provide additional legal benefits. Eg. A writer automatically has
copyright protection for their manuscript the moment it is written, even without registering it with a
copyright office.
3. Temporal Nature : Copyright is granted for a limited period. The duration of protection varies
depending on the jurisdiction and the nature of the work. Generally, copyright lasts for the life of the
author plus a fixed number of years (e.g., 70 years) or, for works created by corporations, a specific
number of years from publication. Eg. A book published in 1950 by an individual author will remain
under copyright protection until 2020, plus 70 years, or until 2090.
4. Transferable Rights : Copyright holders can transfer or license their rights to others. This transfer can
be complete or partial and can be done through various forms of agreements. An author can license
their book to a publisher, allowing the publisher to distribute and sell the book under agreed terms.
5. Economic and Moral Rights
o Economic Rights: These rights enable the copyright holder to earn financial rewards from the
use of their work. They include rights to reproduction, distribution, public performance, and
creation of derivative works.
o Moral Rights: These rights protect the personal and reputational interests of the creator,
including the right to attribution and the right to object to derogatory treatment of the work.
o Example: A painter has the right to receive royalties from the sale of their paintings and also
the right to be identified as the creator of the work and to object to any modification that
might harm their reputation.
 6. Infringement and Remedies : Unauthorized use of a copyrighted work constitutes infringement. The
copyright holder has the right to seek legal remedies, including injunctions, damages, and sometimes
statutory damages. Eg. If a company reproduces a copyrighted software program without permission,
the creator can file a lawsuit for copyright infringement and seek damages.
Landmark Case Laws
Feist Publications, Inc. v. Rural Telephone Service Co. (1991): The U.S. Supreme Court ruled that a
telephone directory did not qualify for copyright protection because it lacked the originality required for
copyright. This case clarified the requirement for originality in copyright protection.
Campbell v. Acuff-Rose Music, Inc. (1994): The U.S. Supreme Court held that parody could be a fair use of
copyrighted material, balancing copyright protection with freedom of expression. This case established
important principles for fair use, particularly in the context of parody.
6. Discuss the remedies available for the infringement of copyright
Introduction
Copyright is a legal right granted to the creator of original works of authorship, such as literary, dramatic,
musical, and artistic works. The copyright holder has the exclusive right to use, distribute, and reproduce the
work. Infringement occurs when someone uses a copyrighted work without permission. There are several
remedies available to copyright holders in case of infringement, which can be classified into civil, criminal,
and administrative remedies.
Civil Remedies
Civil remedies aim to compensate the copyright holder for the unauthorized use of their work and to
prevent further infringement. The primary civil remedies include:
1. Injunctions
2. Damages
3. Accounts profit
4. Delivery – Up
1. Injunctions : An injunction is a court order that prohibits the infringer from continuing the infringing
activities. Types:
 Temporary/Interim Injunction: Granted during the pendency of the case to prevent ongoing
infringement.
 Permanent Injunction: Issued after the final judgment, permanently stopping the infringer from
violating the copyright. To provide immediate relief and prevent further harm to the copyright
holder.
2. Damages –
 Actual Damages: Compensation for the actual loss suffered by the copyright holder due to
infringement.
 Statutory Damages: In cases where actual damages are difficult to quantify, courts may award
statutory damages, which are predetermined amounts set by law. To compensate the copyright
holder for the financial loss and to deter future infringements.
3. Accounts of Profits : This remedy allows the copyright holder to claim the profits made by the infringer
through the unauthorized use of the copyrighted work. To ensure that the infringer does not benefit
financially from the infringement and to restore the economic position of the copyright holder.
4. Delivery Up : The court may order the infringer to deliver up all infringing copies of the work and
materials used for infringement to the copyright holder or to a designated authority. To remove infringing
copies from circulation and prevent further unauthorized use.
Criminal Remedies -
Criminal remedies are available to penalize the infringer and deter future infringements. They include:
1. Imprisonment
2. Fines
3. Seizures and forfeitures
4. Destruction of infringed copies
1. Imprisonment -Infringers may face imprisonment for a specified term as prescribed by law. To punish the
infringer and serve as a deterrent to others.
2. Fines : The infringer may be required to pay fines as determined by the court. To penalize the infringer
financially and discourage further infringement.
3. Seizure and Forfeiture : Law enforcement authorities may seize and forfeit infringing copies and materials
used in the infringement. To prevent further distribution and use of infringing materials.
Administrative Remedies
Administrative remedies involve actions taken by administrative bodies or regulatory authorities to address
copyright infringement. They include:
1. Cease and desist orders
2. Imposition of penalties
3. ADRS
1. Cease and Desist Orders : Regulatory authorities may issue orders requiring the infringer to stop the
infringing activities. To provide a swift and effective means of halting infringement without the need for
lengthy court proceedings.
2. Imposition of Penalties : Administrative bodies may impose monetary penalties on infringers. To penalize
the infringer and deter future violations.
3. Alternative Dispute Resolution (ADR) : In addition to the traditional court remedies, copyright disputes
can also be resolved through ADR mechanisms such as mediation and arbitration. These methods offer a
quicker and often less costly resolution to disputes.
Explain the Sailent features of copyright Act

Introduction

The Copyright Act, 1957, is a comprehensive legislation that provides for the protection of copyright in literary,
dramatic, musical, and artistic works, cinematograph films, and sound recordings. The Act has been amended several
times to keep pace with technological advancements and international standards.

Salient Features of the Copyright Act, 1957

1. Scope and Subject Matter of Copyright

2. Ownership and Duration of Copyright
3. Rights of the Author
4. Infringement and Remedies
5. Exceptions and Limitations
6. Registration of Copyright
7. Digital Rights and Technological Measures
8. International Aspects
9. Copyright Societies and copyright board
 10. Amendments

1. Scope and Subject Matter of Copyright

Protected Works: The Act covers literary works (including computer programs and databases), dramatic works, musical
works, artistic works (such as paintings, sculptures, and photographs), cinematograph films, and sound recordings.

Rights Conferred: The Act grants various exclusive rights to the creators, including the right to reproduce, distribute,
perform, and communicate the work to the public.

2. Ownership and Duration of Copyright

Ownership: The author or creator of the work is generally the first owner of the copyright. In the case of works created
under employment, the employer is the owner unless otherwise agreed.

Duration: The term of copyright protection varies by type of work:

Literary, Dramatic, Musical, and Artistic Works: Life of the author plus 60 years.

Cinematograph Films, Sound Recordings, and Photographs: 60 years from the year of publication.

3. Rights of the Author

Economic Rights: The right to reproduce, distribute, perform, and communicate the work to the public.

Moral Rights: The right to claim authorship of the work and the right to prevent any distortion, mutilation, or other
modification of the work that would harm the author's reputation.

4. Infringement and Remedies

Infringement: Unauthorized use of any of the exclusive rights granted to the copyright holder constitutes
infringement.

Remedies: The Act provides for civil remedies (injunctions, damages, and accounts of profits), criminal remedies
(imprisonment and fines), and administrative remedies (seizure and forfeiture of infringing copies).

5. Exceptions and Limitations

Fair Use: Certain uses of copyrighted works are allowed without permission under the fair use doctrine. These include
use for research, education, criticism, review, and news reporting.

Compulsory Licensing: In certain cases, the government may grant licenses to use copyrighted works without the
owner's consent, such as for public interest purposes.

6. Registration of Copyright

Voluntary Registration: While copyright protection is automatic upon creation, authors can register their works with
the Copyright Office for better legal protection and evidence of ownership.

Procedure: The Act outlines the procedure for registration, including the application process, fees, and issuance of
registration certificates.

7. Digital Rights and Technological Measures

Digital Rights Management (DRM): The Act recognizes the use of technological protection measures (TPMs) to prevent
unauthorized use of digital content.

Circumvention Prohibition: It is illegal to circumvent TPMs used by copyright owners to protect their works.

8. International Aspects

Berne Convention: India is a signatory to the Berne Convention, which provides for the protection of works of authors
from member countries.

TRIPS Agreement: The Act complies with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement,
which sets minimum standards for copyright protection globally.

9. Copyright Societies and Copyright Board

Role: The Act provides for the formation and regulation of copyright societies, which manage the rights of authors and
other copyright holders.

Functions: These societies issue licenses, collect royalties, and distribute them to the copyright owners.

10. Amendments

1994, 1999, and 2012 Amendments: These amendments addressed issues related to digital technologies, extended the
scope of rights, and introduced provisions for better enforcement and protection of copyright.

Conclusion

The Copyright Act, 1957, is a comprehensive legal framework that provides robust protection for various forms of
creative works. It balances the rights of creators with public interest through exceptions like fair use and compulsory
licensing. Understanding the salient features of the Act is crucial for creators, users, and legal professionals involved in
the field of intellectual property.

Unit 2
10 marks
1. Explain the meaning and scope of Biological Diversity
Introduction:
Biological diversity, commonly referred to as biodiversity, encompasses the variety of life forms on Earth.
This includes the diversity of species, genetic variations within species, and the variety of ecosystems in
which these species live. Biodiversity is crucial for maintaining ecological balance, supporting human life,
and ensuring the health of our planet.
Meaning of Biological Diversity:
Biological diversity refers to the range of variation among living organisms from all sources, including
terrestrial, marine, and other aquatic ecosystems. It is generally categorized into three main levels:
1. Species Diversity
2. Genetic Diversity
3. Ecosystem Diversity
1. Species Diversity: This is the variety of different species within a particular region or ecosystem. It
reflects the number of different species in an area and their relative abundance. For example, a
tropical rainforest has high species diversity due to the large number of plant and animal species it
supports.
2. Genetic Diversity: This pertains to the variation in genetic material within species. It allows species to
adapt to changing environments and contributes to the overall resilience of ecosystems. Genetic
diversity is critical for breeding programs and conservation efforts.
3. Ecosystem Diversity: This encompasses the variety of ecosystems or habitats in a given area. It
includes the different types of ecosystems, such as forests, wetlands, grasslands, and coral reefs.
Each ecosystem supports a unique combination of species and provides various ecological functions
and services.
Scope of Biological Diversity:
1. Ecological Importance
2. Economic Value
3. Cultural Significance
4. Conservation Efforts:
 1. Ecological Importance: Biodiversity supports ecosystem functions such as nutrient cycling,
pollination, and climate regulation. Diverse ecosystems are more resilient to disturbances and
environmental changes, thus maintaining ecological stability.
2. Economic Value: Biodiversity contributes to economic activities such as agriculture, forestry,
fisheries, and tourism. It provides resources for food, medicine, and raw materials. The genetic
resources of plants and animals are vital for breeding new crop varieties and livestock.
3. Cultural Significance: Many cultures have deep connections to biodiversity, with traditional
knowledge and practices centered around local species and ecosystems. Biodiversity contributes to
cultural heritage and provides recreational and aesthetic value.
4. Conservation Efforts: Understanding the scope of biodiversity is essential for developing effective
conservation strategies. This includes protecting endangered species, preserving habitats, and
managing natural resources sustainably.
Landmark Case Laws:
1. Vellore Citizens' Welfare Forum v. Union of India (1996): The Supreme Court of India highlighted the
importance of conserving biodiversity and recognized the principle of sustainable development,
emphasizing the need for environmental protection.
2. Indian Council for Enviro-Legal Action v. Union of India (1996): This case dealt with the issue of
hazardous waste management and its impact on biodiversity, underscoring the role of legal
frameworks in protecting ecological health.
2. Explain the powers and functions of Biodiversity authority ******
Introduction
The Biodiversity Act, 2002, established the National Biodiversity Authority (NBA) and empowered it with
various powers and functions to conserve, protect, and sustainably utilize India's rich biodiversity. The Act
also provides for the establishment of State Biodiversity Boards (SBBs) to complement the efforts of the NBA
at the state level.
The Biodiversity Authority is a statutory body established to regulate access to biological resources, ensure
equitable sharing of benefits arising out of the use of biological resources, and conserve biodiversity.
Core Functions – RABPRIPP
1. Regulatory Function :
2. Advisory Role:
3. Benefit Sharing:
4. Public Awareness:
5. Research and Development:
6. International Cooperation:
7. Promotion of Conservation and Sustainable Use:
8. Protection of Traditional Knowledge:
9. Approval for Transfer of Research Results:
10. Intellectual Property Rights (IPR) Management:

Ecosystem Restoration and R

1. Regulatory Function :The NBA is responsible for regulating access to biological resources within
India. This includes granting or rejecting applications for access, ensuring compliance with the Act's
provisions, and imposing penalties for violations.
2. Advisory Role: The NBA advises the Central Government on matters related to biodiversity
conservation, sustainable use of biological resources, and equitable sharing of benefits.
 3. Benefit Sharing: A crucial function of the NBA is to ensure that local communities and individuals
who have traditional knowledge related to biological resources share the benefits arising from their
use.
4. Public Awareness: The NBA undertakes various programs to create awareness about biodiversity
conservation, its importance, and the provisions of the Biological Diversity Act.
5. Research and Development: The NBA supports research and development activities related to
biodiversity conservation and sustainable use.
6. International Cooperation: The NBA represents India in international forums related to biodiversity
and collaborates with other countries on biodiversity conservation efforts.
7. Promotion of Conservation and Sustainable Use: The NBA promotes the conservation and
sustainable use of biodiversity by supporting and encouraging various projects and initiatives. It
collaborates with state biodiversity boards, local bodies, and other stakeholders to implement
biodiversity conservation programs.
8. Protection of Traditional Knowledge: The NBA works to protect traditional knowledge associated
with biological resources, ensuring that the knowledge of indigenous communities is safeguarded
and that these communities benefit from any commercialization of this knowledge.
9. Ecosystem Restoration and Rehabilitation: The NBA supports and implements programs for the
restoration and rehabilitation of ecosystems that have been degraded or are under threat.
Powers of the Biodiversity Authority – RABPR
1. Regulatory Powers:
2. Advisory Role:
3. Benefit Sharing:
4. Public Awareness:
5. Research and Development:
6. Approval for Transfer of Research Results:
7. Intellectual Property Rights (IPR) Management:

 Regulatory Powers:
o Approving requests for access to biological resources for commercial purposes.
o Regulating research on biological resources.
o Overseeing the transfer of technology related to biological resources.
 Advisory Role:
o Advising the Central Government on biodiversity conservation and sustainable use.
o Recommending areas for inclusion in the National Biodiversity Register.
o Providing technical assistance to State Biodiversity Boards.
 Benefit Sharing:
o Ensuring equitable sharing of benefits arising out of the use of biological resources with local
communities.
o Developing mechanisms for the transfer of technology and knowledge related to the use of
biological resources.
 Public Awareness:
o Creating awareness about biodiversity conservation and sustainable use.
o Promoting public participation in biodiversity management.
 Research and Development:
o Supporting research on biodiversity and its conservation.
o Collaborating with research institutions and academic bodies.
  Approval for Transfer of Research Results:
o The NBA is empowered to approve the transfer of research results relating to biological
resources to foreign nationals, companies, or non-residents.
o It also has the authority to regulate the transfer of biological resources across the country’s
borders.
 Intellectual Property Rights (IPR) Management:
o The NBA scrutinizes applications for intellectual property rights where biological resources
and associated knowledge from India are involved. It ensures that benefits derived from such
IPRs are shared with local communities or traditional knowledge holders.
Landmark Cases
 Tarun Bharat Sangh v. Union of India: This case emphasized the importance of biodiversity
conservation and the role of the NBA in protecting the country's biological resources.
Conclusion
 The Biodiversity Authority plays a pivotal role in protecting India's rich biodiversity. Its functions
encompass regulation, advisory, and promotional activities, ensuring the sustainable use of biological
resources and the equitable sharing of benefits.
3. Why do we need the legislation on biodiversity? Discuss the salient features of biological diversity act,
2002. *
Introduction:
Legislation on biodiversity is crucial to ensuring the protection, preservation, and sustainable use of the rich
diversity of life forms on Earth. As human activities continue to impact ecosystems and species, legal
frameworks provide essential mechanisms for conservation, management, and equitable sharing of
biological resources.
Objective and Scope: The Biological Diversity Act, 2002, aims to provide for the
 Conservation of biological diversity,
 Sustainable use of its components, and
 Fair and equitable sharing of benefits arising from genetic resources.
 It applies to the whole of India and encompasses all aspects of biodiversity, including species,
genetic resources, and ecosystems.
Salient Features of the Biological Diversity Act, 2002:
1. Establishment of Biodiversity Authorities: The Act establishes the National Biodiversity Authority
(NBA) and State Biodiversity Boards (SBBs) to regulate access to biological resources and facilitate
benefit sharing.
2. Access and Benefit Sharing (ABS): The Act emphasizes the principle of fair and equitable sharing of
benefits arising from the use of biological resources, requiring prior informed consent from local
communities and approval from the NBA. Equitable Sharing of Benefits: Biodiversity laws ensure that
the benefits derived from biological resources and traditional knowledge are shared fairly with local
and indigenous communities. This addresses historical injustices and supports the rights of those who
have traditionally conserved and used these resources.
3. Traditional Knowledge: The Act recognizes the importance of traditional knowledge related to
biodiversity and provides for its protection.
 4. Surveillance and Monitoring: The Act mandates the surveillance of biodiversity and the collection of
data for effective conservation planning.
5. Public Participation: The Act encourages public participation in biodiversity conservation through
awareness programs and the formation of Biodiversity Management Committees (BMCs). Legal
frameworks raise awareness about the importance of biodiversity and engage the public in
conservation efforts. They provide a platform for education, advocacy, and community involvement
in protecting natural resources.
6. Biodiversity Management Committees (BMCs): The Act mandates the formation of Biodiversity
Management Committees (BMCs) at the local level, particularly in Panchayats or Municipalities.
BMCs are responsible for preparing People’s Biodiversity Registers (PBRs) that document local
biodiversity and traditional knowledge.

7. Conservation Measures: The Act promotes the establishment of protected areas, such as national
parks and wildlife sanctuaries, to conserve critical habitats and species. It supports conservation
initiatives and research to safeguard biodiversity.
8. Penalties and Offenses: The Act prescribes penalties for violations related to the unauthorized access
or use of biological resources and traditional knowledge. Offenses include illegal trade, exploitation,
or mishandling of biological resources.

9. Regulations and Notifications: The Act authorizes the government to issue regulations and
notifications to ensure the effective implementation of biodiversity conservation measures. These
regulations cover various aspects, including procedures for accessing genetic resources and the
requirements for benefit-sharing agreements.
10. Compliance with International Agreements: National legislation helps countries comply with
international conventions and agreements, such as the Convention on Biological Diversity (CBD). This
fosters global cooperation and strengthens efforts to protect biodiversity at an international level.
4. Critically examine the functions of biodiversity management committee.
Functions of Biodiversity Management Committees (BMCs): A Critical Examination
Introduction:
Biodiversity Management Committees (BMCs) are integral to the implementation of the Biological Diversity
Act, 2002, in India. Their primary role is to manage and conserve local biodiversity, document traditional
knowledge, and facilitate the equitable sharing of benefits derived from biological resources. This critical
examination delves into the functions of BMCs, highlighting their importance, challenges, and the
effectiveness of their operations.
Functions of Biodiversity Management Committees:
1. Preparation of People's Biodiversity Registers (PBRs):
2. Conservation and Sustainable Use of Biodiversity:
3. Facilitation of Access and Benefit Sharing (ABS):
4. Awareness and Capacity Building:
5. Coordination with State Biodiversity Boards (SBBs) and National Biodiversity Authority (NBA):
6. Monitoring and Reporting:
1. Preparation of People's Biodiversity Registers (PBRs):
o Function: BMCs are responsible for preparing and maintaining People’s Biodiversity Registers
(PBRs), which document the local biodiversity, including flora, fauna, and traditional
knowledge related to their use.
 o Significance: PBRs serve as a comprehensive record of local biodiversity and traditional
practices, aiding in conservation efforts and providing valuable information for research and
policy-making.
o Challenges: The accuracy and comprehensiveness of PBRs depend on the active participation
of local communities and experts. Inadequate resources or lack of expertise may hinder the
effective preparation of PBRs.
2. Conservation and Sustainable Use of Biodiversity:
o Function: BMCs are tasked with implementing conservation measures at the local level,
including the protection of endangered species and habitats, and promoting sustainable
practices among communities.
o Significance: Local conservation efforts are crucial for maintaining ecological balance and
ensuring the sustainable use of biodiversity resources.
o Challenges: BMCs may face difficulties in enforcing conservation measures due to limited
authority, insufficient funding, or conflicting interests between conservation and local
livelihoods.
3. Facilitation of Access and Benefit Sharing (ABS):
o Function: BMCs play a role in facilitating access to biological resources and traditional
knowledge by external entities, ensuring that benefits arising from their use are shared fairly
with local communities.
o Significance: This function supports the equitable distribution of benefits and acknowledges
the contributions of local communities to biodiversity conservation.
o Challenges: Ensuring fair and transparent benefit-sharing can be complex, particularly in cases
where multiple stakeholders are involved. BMCs may lack the capacity to negotiate and
enforce benefit-sharing agreements effectively.
4. Awareness and Capacity Building:
o Function: BMCs are responsible for raising awareness about biodiversity conservation and
building the capacity of local communities to engage in conservation activities.
o Significance: Awareness and education empower communities to actively participate in
conservation efforts and make informed decisions about biodiversity management.
o Challenges: Limited resources and expertise may constrain BMCs' ability to conduct effective
training and awareness programs. Engaging diverse community members and addressing
their concerns can also be challenging.
5. Coordination with State Biodiversity Boards (SBBs) and National Biodiversity Authority (NBA):
o Function: BMCs coordinate with State Biodiversity Boards (SBBs) and the National Biodiversity
Authority (NBA) to align local conservation efforts with state and national policies.
o Significance: Coordination ensures that local initiatives are integrated into broader
conservation strategies and comply with legal and regulatory frameworks.
o Challenges: Communication and coordination between BMCs and higher authorities may be
impeded by bureaucratic hurdles or lack of clarity regarding roles and responsibilities.
6. Monitoring and Reporting:
 o Function: BMCs monitor the status of local biodiversity and report on conservation activities,
challenges, and outcomes to the SBBs and NBA.
o Significance: Monitoring and reporting provide insights into the effectiveness of conservation
efforts and help identify areas needing improvement.
o Challenges: BMCs may face difficulties in tracking and evaluating biodiversity changes due to
limited resources, expertise, or data collection tools.
5. Explain the powers and functions of state biodiversity board and biodiversity management committee.
*
Introduction:
The Biological Diversity Act, 2002, enacted by the Government of India, provides a framework for the
conservation of biodiversity, sustainable use of its components, and fair and equitable sharing of benefits
arising from the use of biological resources. This Act establishes State Biodiversity Boards (SBBs) and
Biodiversity Management Committees (BMCs) to facilitate its implementation at different levels. The roles
and functions of these entities are crucial for effective biodiversity management.
Powers and Function Of SBB’s
1. Regulation and Management:
2. Approval of Access to Biological Resources:
3. Formulation of State Biodiversity Action Plans:
4. Coordination and Capacity Building:
5. Monitoring and Reporting:
6. Regulation and Compliance:
7. Facilitating Public Participation:
8. Supporting Research and Documentation:
9. Resolving Disputes:

1. Regulation and Management:

a. Function: SBBs regulate and manage the conservation of biological resources at the state
level. They oversee the implementation of the Biological Diversity Act and ensure compliance
with its provisions.
b. Significance: Effective regulation and management at the state level are essential for
coordinating efforts to protect and sustainably use biodiversity.
2. Approval of Access to Biological Resources:
a. Function: SBBs grant permissions for accessing biological resources and associated traditional
knowledge within their jurisdiction.
b. Significance: This ensures that access to resources is regulated and that benefits are shared
equitably with local communities.
3. Formulation of State Biodiversity Action Plans:
a. Function: SBBs are responsible for formulating and implementing State Biodiversity Action
Plans (SBAPs) aligned with national priorities.
b. Significance: SBAPs provide a roadmap for biodiversity conservation and sustainable use at
the state level.
4. Coordination and Capacity Building:
 a. Function: SBBs coordinate with other agencies, institutions, and stakeholders involved in
biodiversity conservation. They also build capacity through training and awareness programs.
b. Significance: Coordination and capacity building enhance the effectiveness of conservation
efforts and foster collaborative approaches.
5. Monitoring and Reporting:
a. Function: SBBs monitor the status of biodiversity within the state and report on the
implementation of biodiversity conservation measures.
b. Significance: Monitoring and reporting provide insights into the effectiveness of conservation
strategies and identify areas needing improvement.
6. Regulation and Compliance:
a. SBBs ensure that activities related to biological resources comply with national and state
regulations, including access and benefit-sharing provisions.
7. Facilitating Public Participation:
a. SBBs promote public participation in biodiversity conservation through awareness campaigns,
community engagement, and collaboration with local stakeholders.
8. Supporting Research and Documentation:
a. SBBs support research and documentation efforts to enhance the understanding of local
biodiversity and traditional knowledge.
9. Resolving Disputes:
a. SBBs address disputes related to biodiversity conservation and benefit-sharing, ensuring fair
and equitable outcomes.
Powers and Functions: Biodiversity Management Committees (BMCs):

1. Preparation of People’s Biodiversity Registers (PBRs):

2. Implementation of Local Conservation Measures:
3. Facilitating Access and Benefit Sharing (ABS):
4. Coordination with State Biodiversity Boards (SBBs):
5. Conservation and Sustainable Use:
6. Awareness and Education:
7. Monitoring and Reporting:
8. Engaging Local Communities:

Preparation of People’s Biodiversity Registers (PBRs):

Function: BMCs are tasked with preparing and maintaining People’s Biodiversity Registers (PBRs)
that document local biodiversity and traditional knowledge.
Significance: PBRs serve as a valuable resource for conservation efforts and provide information
for research and policy-making.
Implementation of Local Conservation Measures:
Function: BMCs implement conservation measures and promote sustainable practices at the local
level.
Significance: Local conservation efforts contribute to maintaining ecological balance and
protecting biodiversity.
Facilitating Access and Benefit Sharing (ABS):
 Function: BMCs facilitate access to biological resources and traditional knowledge by external
entities and ensure fair and equitable benefit-sharing.
Significance: This ensures that local communities receive a fair share of the benefits derived from
their resources and knowledge.
Coordination with State Biodiversity Boards (SBBs):
Function: BMCs coordinate with SBBs to align local conservation efforts with state and national
policies.
Significance: Coordination ensures that local initiatives are integrated into broader conservation
strategies.
Conservation and Sustainable Use:
BMCs implement conservation strategies, protect endangered species and habitats, and promote
sustainable use of resources.
Awareness and Education:
BMCs raise awareness about biodiversity conservation and provide education and training to
local communities.
Monitoring and Reporting:
BMCs monitor local biodiversity and report on conservation activities, challenges, and outcomes
to the SBBs.
Engaging Local Communities:
BMCs engage local communities in conservation activities, ensuring their participation and
support in preserving biodiversity.
6. Define the term farmers. Explain objects of the protection of plant variety and farmers rights act 2001.
Introduction:
Farmers play a critical role in agriculture, contributing to the cultivation and management of plant varieties
that are essential for food security and agricultural diversity. The Protection of Plant Varieties and Farmers'
Rights Act, 2001 (PPV&FR Act) is an Indian legislation designed to safeguard the interests of farmers and
promote the development and protection of plant varieties.
Definition of Farmers:
Farmers are individuals or groups engaged in the cultivation of crops and the management of agricultural
land. In the context of the Protection of Plant Varieties and Farmers' Rights Act, 2001, farmers are
specifically defined as:
1. Individual Farmers: Those who cultivate crops on their own land, including traditional and indigenous
cultivators who contribute to the development and conservation of plant varieties.
2. Groups of Farmers: Collective groups or organizations of farmers, including cooperatives, self-help
groups, and other associations involved in agricultural activities.
Objects of the Protection of Plant Varieties and Farmers' Rights Act, 2001:
1. Protection of Plant Varieties:
2. Recognition and Protection of Farmers' Rights:
3. Promotion of Agricultural Innovation:
4. Sustainable Agriculture and Conservation:
 5. Fair and Equitable Benefit Sharing:
6. Establishment of a Regulatory Framework:
7. Encouraging Participation and Involvement:
8. Research and development

Rights of Farmer
1. Excess to seed
2. Benefit sharing
3. Compensation
4. Reasonable seed price
5. Farmer recognisation
6. Registration of pp
7. Exemption from registration

1. Protection of Plant Varieties:

 Objective: To provide legal protection for new plant varieties and grant exclusive rights to breeders
who develop these varieties.
 Explanation: The Act establishes a legal framework for the registration of new plant varieties,
ensuring that breeders can safeguard their innovations and benefit from their intellectual property.
2. Recognition and Protection of Farmers' Rights:
 Objective: To recognize and protect the rights of farmers, especially those who have developed and
conserved traditional and indigenous plant varieties.
 Explanation: The Act acknowledges the contributions of farmers to plant diversity and provides them
with rights over the varieties they have developed or conserved. It includes provisions for the
protection of farmers' rights to use, save, and exchange seeds.
3. Promotion of Agricultural Innovation:
 Objective: To encourage and promote agricultural innovation and research in plant breeding.
 Explanation: By offering protection and incentives to plant breeders and researchers, the Act aims to
stimulate the development of new and improved plant varieties that enhance agricultural
productivity and resilience.
4. Sustainable Agriculture and Conservation:
 Objective: To support sustainable agricultural practices and the conservation of plant genetic
resources.
 Explanation: The Act encourages practices that contribute to the conservation of plant diversity and
supports the sustainable use of plant varieties, helping to maintain ecological balance and
agricultural sustainability.
5. Fair and Equitable Benefit Sharing:
 Objective: To ensure fair and equitable sharing of benefits arising from the use of plant varieties.
 Explanation: The Act provides mechanisms for benefit-sharing, ensuring that farmers and indigenous
communities receive a fair share of the benefits derived from the commercialization and use of plant
varieties they have developed or conserved.
6. Establishment of a Regulatory Framework:
  Objective: To create a structured regulatory framework for the registration and protection of plant
varieties.
 Explanation: The Act establishes institutions such as the Plant Varieties Protection Authority (PVPA)
and the Protection of Plant Varieties and Farmers' Rights Authority (PPV&FRA) to oversee the
implementation of the Act, manage the registration process, and address disputes related to plant
variety protection.
7. Encouraging Participation and Involvement:
 Objective: To encourage the participation of farmers, researchers, and breeders in the development
and conservation of plant varieties.
 Explanation: The Act promotes active involvement of various stakeholders in the protection and
promotion of plant varieties, fostering collaboration and knowledge-sharing.
7. What are the powers and functions of the controller under designs act 2000?
Introduction:
The Designs Act, 2000, regulates the registration and protection of industrial designs in India. The Controller
of Designs, appointed under the Act, plays a crucial role in overseeing the implementation of the Act,
ensuring compliance, and handling matters related to the registration and protection of designs.
Powers and Functions of the Controller:
1. Registration of Designs:
2. Examination of Design Applications:
3. Issuance of Certificates:
4. Maintenance of the Register:
5. Handling Oppositions and Appeals:
6. Enforcement of Rights:
7. Conducting Investigations:
8. Advisory Role:
9. Issuing Guidelines and Notifications:
10. Management of Design Registrations:

1. Registration of Designs:
 Function: The Controller is responsible for examining and granting registration for industrial designs.
 Explanation: Upon receiving an application for the registration of a design, the Controller examines
whether the design meets the criteria set out in the Act, such as novelty and originality, before
granting registration.
2. Examination of Design Applications:
 Function: The Controller examines applications to determine if they comply with the requirements of
the Designs Act, 2000.
 Explanation: This includes checking the design's novelty, originality, and its compliance with legal
provisions. The Controller ensures that the design is not similar to existing designs and that it meets
all statutory requirements.
3. Issuance of Certificates:
 Function: The Controller issues certificates of registration for designs that meet the requirements.
 Explanation: Once a design is approved, the Controller provides an official certificate, which grants
the design legal protection and establishes the registrant’s rights over the design.
4. Maintenance of the Register:
 Function: The Controller maintains a Register of Designs.
 Explanation: This Register contains details of all registered designs, including the design's description,
the name of the owner, and other relevant information. It ensures that the information is up-to-date
and accessible for public inspection.
5. Handling Oppositions and Appeals:
 Function: The Controller addresses oppositions to design registration and handles appeals against
decisions.
 Explanation: If a third party opposes the registration of a design, the Controller conducts hearings
and makes decisions. The Controller also deals with appeals from parties dissatisfied with previous
decisions related to design registration.
6. Enforcement of Rights:
 Function: The Controller has the power to enforce rights and handle matters related to infringement
of design rights.
 Explanation: Although the primary role in enforcement lies with the courts, the Controller can take
administrative actions and provide guidance on infringement issues.
7. Conducting Investigations:
 Function: The Controller can conduct investigations related to the design registration process.
 Explanation: This may involve checking the authenticity of design claims, verifying the details
provided in applications, and ensuring compliance with the Designs Act, 2000.
8. Advisory Role:
 Function: The Controller advises the government on matters related to industrial designs.
 Explanation: The Controller provides expert opinions and recommendations on amendments to the
Designs Act, policies related to design protection, and other relevant issues.
9. Issuing Guidelines and Notifications:
 Function: The Controller issues guidelines and notifications for the implementation of the Designs
Act, 2000.
 Explanation: These guidelines and notifications provide clarity on various procedural aspects of
design registration and protection, ensuring uniformity and consistency in the application of the Act.
10. Management of Design Registrations:
 Function: The Controller manages the entire lifecycle of design registrations, from application
through renewal.
 Explanation: This includes processing renewal applications, updating records, and managing the
administrative aspects of design protection.
8. Transitional Knowledge
1. Identify critical knowledge
2. Document and organize knowledge
3. Share and transfer knowledge
4. Engage and motivate tallent
5. Update and maintain knowledge
 6. Evaluate measures outcome

9. Benefit Claimers and Benefit Sharing under the Biological Diversity Act, 2002
Benefit Claimers
Under the Biological Diversity Act, 2002, "benefit claimers" are defined as individuals or groups who:
 Conserve biological resources
 Create or hold knowledge or information related to the use of biological resources
 Practice innovations associated with the use of biological resources
In essence, benefit claimers are those who contribute to the preservation and sustainable use of biodiversity
or possess traditional knowledge related to it.
Benefit Sharing Mechanisms
The Act mandates the equitable sharing of benefits arising from the use of biological resources. This can be
achieved through various mechanisms, including:
1. Grant of joint ownership of intellectual property rights: Where a benefit claimant has contributed
significantly to the development of an intellectual property right, they may be granted joint
ownership.
2. Transfer of technology: The Act allows for the transfer of appropriate technology to benefit claimers
to enhance their capabilities.
3. Establishment of research and development units: Setting up research and development units in
areas where benefit claimers reside can facilitate their involvement in research activities and
development of products based on biological resources.
4. Association with research initiatives: Benefit claimers can be associated with research projects and
bio-surveys to gain knowledge and skills.
5. Venture capital funding: Providing financial support to benefit claimers through venture capital
funds can help them commercialize their innovations.
6. Monetary and non-monetary benefits: The Act allows for the provision of both monetary and non-
monetary benefits to benefit claimers, such as royalties, payments, or other forms of compensation.
Implementation and Challenges
The effective implementation of benefit-sharing mechanisms can be challenging. Factors such as identifying
benefit claimers, determining the value of benefits, and ensuring equitable distribution can pose difficulties.
The National Biodiversity Authority (NBA) plays a crucial role in facilitating benefit sharing and resolving
disputes.
6 marks
1. Enumerate the issues of biological diversity
Issues of Biological Diversity
Biological diversity, or biodiversity, refers to the variety of life forms on Earth, including the diversity within
species, between species, and of ecosystems. The loss and degradation of biodiversity have significant
implications for ecosystems, human societies, and the planet as a whole. Here are some key issues related to
biological diversity:
1. Habitat Destruction
 2. Climate Change
3. Overexploitation
4. Pollution
5. Invasive Species
6. Loss of Genetic Diversity
7. Ecosystem Degradation
8. Fragmentation of Ecosystems
9. Illegal Wildlife Trade
10. Lack of Conservation Funding
11. Legal and Policy Gaps
12. Human Population Growth
13. Unsustainable Agricultural Practices

1. Habitat Destruction : The conversion of natural habitats into agricultural land, urban areas, or industrial
sites leads to the loss of ecosystems and species. Reduces living space for wildlife, disrupts ecological
processes, and leads to species extinction.
2. Climate Change : Alterations in temperature and weather patterns due to greenhouse gas emissions affect
ecosystems and species. Changes in habitat ranges, shifts in species distribution, altered migration patterns,
and increased extinction risks.
3. Overexploitation : Unsustainable harvesting of natural resources, such as fishing, logging, and hunting.
Depletion of species populations, disruption of ecological balance, and loss of genetic diversity.
4. Pollution : Contamination of air, water, and soil with pollutants from industrial, agricultural, and domestic
sources. Harms wildlife and plant life, disrupts ecosystems, and contributes to habitat degradation.
5. Invasive Species : Non-native species introduced to new environments, either accidentally or
intentionally. Outcompete native species, disrupt local ecosystems, and cause economic damage.
6. Loss of Genetic Diversity : Reduction in the variety of genetic traits within species due to factors like
population bottlenecks and selective breeding. Decreases resilience to diseases and environmental changes,
and reduces adaptability of species.
7. Ecosystem Degradation The decline in the quality of ecosystems due to human activities such as
deforestation and land conversion. Impairs ecosystem functions, reduces biodiversity, and diminishes
ecosystem services.
8. Fragmentation of Ecosystems : Division of large, continuous habitats into smaller, isolated patches.
Disrupts species movement, reduces habitat quality, and increases edge effects leading to biodiversity loss.
9. Illegal Wildlife Trade : The illicit trade of animals and plants, including poaching and trafficking.
Endangers species, disrupts ecosystems, and undermines conservation efforts.
10. Lack of Conservation Funding : Insufficient financial resources allocated for biodiversity conservation
initiatives. Hinders effective protection measures, research, and management of biodiversity.
11. Legal and Policy Gaps : Inadequate legal frameworks and ineffective enforcement of biodiversity
protection laws. Weakens conservation efforts, allows for continued exploitation and habitat destruction.
12. Human Population Growth : Increasing human population puts additional pressure on natural resources
and ecosystems. Leads to expanded land use, increased resource consumption, and greater environmental
impacts.
13. Unsustainable Agricultural Practices : Agricultural practices that harm the environment, such as
monoculture, excessive use of chemicals, and soil erosion. Reduces soil fertility, contaminates water sources,
and leads to loss of agricultural biodiversity.
2. Difference between biodiversity resources and transitional knowledge.
 Aspect Biodiversity Resources Traditional Knowledge

Variety of life forms

Practices, skills, and understanding
including plants, animals,
Definition developed by indigenous and local
microorganisms, and their
communities over generations.
genetic materials.
Medicinal plants, Indigenous medicinal practices,
Examples agricultural crops, wild traditional farming techniques,
animals, genetic resources. cultural rituals related to nature.
Tangible assets derived Intangible assets encompassing
Nature
from the biological world. cultural and intellectual aspects.
Includes all forms of life and
their genetic variations, Encompasses practical and cultural
Scope
ecosystems, and ecological knowledge maintained over time.
processes.
Directly used for medicine, Applied in health, agriculture, and
Usage and
agriculture, industry, and environmental management
Application
conservation. practices.
Development of
Traditional medicine, sustainable
pharmaceuticals,
Application farming methods, resource
agricultural innovations, and
management practices.
conservation efforts.
Legal and regulatory aspects Typically held by indigenous and
regarding ownership, use, local communities. Protection
Ownership
and access. Rights often involves safeguarding intellectual
and Rights
held by states or private property rights and cultural
entities. heritage.
Governed by international
Protection through intellectual
agreements like the
Rights property rights and agreements
Convention on Biological
like the Nagoya Protocol.
Diversity (CBD).
Focuses on preserving Involves preserving cultural
Conservation
ecosystems, species, and practices and documenting
and Protection
genetic resources. traditional knowledge.
Legal frameworks,
protected areas, and Ensuring traditional knowledge is
Protection conservation programs to not misappropriated and that
safeguard biological communities benefit from its use.
diversity.
Governed by treaties such Protected by intellectual property
Legal as the CBD, national laws, laws, sui generis systems, and
Frameworks and regulations related to international agreements like the
biodiversity conservation. Nagoya Protocol.

The genetic, species, and The accumulated knowledge,

Definition ecosystem diversity found innovations, and practices of
on Earth indigenous and local communities

Nature Tangible assets Intangible assets

 Plants, animals,
Farming practices, medicinal uses
Examples microorganisms,
of plants, ecological knowledge
ecosystems

Traditional knowledge often Traditional knowledge is closely

Relationship guides the sustainable use linked to biodiversity as it is
of biodiversity resources derived from interactions with it

Traditional knowledge is protected

Biodiversity is protected
through intellectual property
Protection through laws like the
rights, sui generis systems, and
Biological Diversity Act
biodiversity legislation

Essential for ecosystem Crucial for sustainable

Importance services, human well-being, development, innovation, and
and economic development cultural heritage

4. Benefit claimers – Benefits arising from the use or commercialization of biological resources & TK
Introduction
Benefit claimers are individuals or entities entitled to benefits arising from the use or commercialization of
biological resources, traditional knowledge, or intellectual property. Their role is crucial in ensuring fair and
equitable sharing of benefits, especially in the context of biodiversity and indigenous knowledge.
Meaning and Definition
Benefit Claimers: Individuals or groups who have rights to claim benefits derived from the utilization of
biological resources, traditional knowledge, or other intellectual properties. They may include indigenous
communities, local farmers, or traditional knowledge holders.
Types and Characteristics
1. Indigenous Communities: Groups native to a particular region with traditional knowledge and
cultural practices that contribute to biodiversity conservation and sustainable use. They are often
primary benefit claimers in the context of traditional knowledge and biological resources.
2. Local Farmers and Communities: Those who cultivate and conserve plant varieties and traditional
agricultural practices. They may claim benefits related to agricultural innovations and plant variety
protection.
3. Traditional Knowledge Holders: Individuals or groups possessing traditional knowledge related to
biodiversity, health, agriculture, and other areas. They may claim benefits from the use or
commercialization of their knowledge.
4. Patent Holders: Individuals or entities who have patented inventions or discoveries related to
biological resources or traditional knowledge. They claim benefits based on their intellectual property
rights.
Explanation
1. Role in Biodiversity Conservation: Benefit claimers contribute significantly to the conservation and
sustainable use of biodiversity. They play a vital role in preserving traditional knowledge and
practices that contribute to environmental sustainability.
2. Rights and Entitlements: Benefit claimers are entitled to receive a fair share of benefits derived from
the use of biological resources or traditional knowledge. This includes monetary compensation,
access to technology, and recognition of their contributions.
 3. Legal Frameworks: International agreements such as the Convention on Biological Diversity (CBD)
and the Nagoya Protocol establish legal frameworks for the protection and recognition of benefit
claimers. National laws and regulations also provide mechanisms for benefit-sharing and protecting
the rights of benefit claimers.
4. Challenges and Issues: Despite legal frameworks, benefit claimers often face challenges such as
inadequate recognition of their rights, lack of access to benefit-sharing mechanisms, and
misappropriation of traditional knowledge. Effective implementation of legal provisions and
equitable benefit-sharing practices are essential to address these challenges.
Referential Landmark Case Laws
1. Case of the Neem Patent (1994): A landmark case where the U.S. Patent Office granted a patent for a
neem-based pesticide, which was challenged by Indian farmers and researchers. The case highlighted
issues related to the misappropriation of traditional knowledge and led to increased awareness and
legal reforms.
2. Case of the Turmeric Patent (1995): Another significant case where the U.S. Patent Office granted a
patent for the use of turmeric in wound healing, which was already known in India. The case
emphasized the need for protecting traditional knowledge and ensuring fair benefit-sharing.
5. Write a note on traditional knowledge. *- wisdom, practices & innovations accumulated by indigenous &
local communities over generations
Introduction
Traditional knowledge (TK) refers to the wisdom, practices, skills, and innovations that have been
developed and accumulated by indigenous and local communities over generations. This knowledge is
often closely tied to cultural heritage, environmental management, and sustainable practices, and plays a
crucial role in the preservation of biodiversity and cultural identity.
Meaning and Definition
Traditional Knowledge (TK): Knowledge that is passed down through generations within a community,
encompassing various aspects such as medicinal practices, agricultural techniques, rituals, and local
environmental management systems. It is typically oral and embedded in cultural practices, languages, and
customs.
Types and Characteristics
1. Medicinal Knowledge: Involves the use of plants, minerals, and other natural resources for healing
and health management. Examples include herbal remedies and traditional medical practices.
2. Agricultural Knowledge: Includes traditional farming techniques, crop management practices, and
soil conservation methods developed over generations. Examples are indigenous farming systems
and seed-saving practices.
3. Ecological Knowledge: Encompasses understanding of local ecosystems, wildlife, and sustainable
resource management. This includes traditional methods of conserving biodiversity and managing
natural resources.
4. Cultural and Spiritual Knowledge: Involves beliefs, rituals, and practices that are integral to the
cultural identity of communities. This knowledge often includes ceremonies, storytelling, and art
forms.
Explanation
1. Importance for Biodiversity:
 2. Cultural Heritage:
3. Challenges to Protection:
4. Legal and Policy Frameworks:
Landmark Cases
1. The Neem Case (1994): This case involved the granting of a patent for neem-based products, which
were traditionally used in India. The controversy highlighted issues of biopiracy and led to increased
awareness about protecting traditional knowledge.
2. The Turmeric Case (1995): Similar to the neem case, this involved a patent on turmeric's medicinal
use. The case underscored the need to protect traditional knowledge and ensure fair benefit-sharing.
6. Write a note on Biopiracy.””* - Biopiracy: Definition, Impact, and Measures for Prevention
Introduction – Exploitation of biological resources & traditional knowledge by individual or corporation from
one country
Biopiracy refers to the unauthorized and often exploitative appropriation of biological resources and
traditional knowledge by individuals or corporations from one country, often without proper consent or fair
compensation to the indigenous communities or countries from which these resources and knowledge
originate. This practice undermines the rights of indigenous peoples and local communities and raises
ethical, legal, and environmental concerns.
Meaning and Definition
Biopiracy, the exploitation of biological resources and traditional knowledge, particularly by foreign entities,
without appropriate permissions, acknowledgment, or equitable benefit-sharing with the source
communities. It often involves the use of genetic resources and traditional knowledge for commercial gain
without recognizing the contributions of the communities that have developed and maintained this
knowledge.
Characteristics and Examples
1. Unauthorized Use: The use of biological resources or traditional knowledge without obtaining proper
consent from the source communities. Examples include patenting plants or animals that have been
used traditionally by indigenous peoples.
2. Commercial Exploitation: The commercialization of biological resources or traditional knowledge,
such as developing pharmaceuticals or agricultural products based on indigenous knowledge without
compensating the original knowledge holders.
3. Lack of Benefit-Sharing: The failure to provide fair compensation or share benefits derived from the
use of biological resources and traditional knowledge with the communities or countries from which
they originate.
Case Studies:
o Neem Case (1994): A U.S. patent was granted for a neem-based pest repellent, which was
based on traditional Indian knowledge. This case highlighted issues of biopiracy and led to
changes in patent laws to better protect traditional knowledge.
o Turmeric Case (1995): A patent was granted for the use of turmeric in wound healing, a
practice known in India for centuries. This case underscored the need for protecting
traditional knowledge from unauthorized exploitation.
Explanation
 1. Impact on Indigenous Communities
2. Legal and Ethical Concerns
3. International Frameworks:
4. National Legislation:
Measures for Prevention
1. Strengthening Legal Frameworks:
2. Enhancing Awareness:
3. Promoting Collaboration:
4. Implementing Documentation Systems:
7. National gene fund. *”* National Gene Fund: Objectives, Structure, and Functions
Introduction – funds supporting conservation efforts, ensuring equitable benefit-sharing, and enhancing
biodiversity management. Financial support to conservation projects, research, and management of
biological resource
The National Gene Fund is a critical initiative in India aimed at preserving and managing the country’s
genetic resources, which include diverse plant and animal species. Established under the Biological Diversity
Act, 2002, the Fund plays a vital role in supporting conservation efforts, ensuring equitable benefit-sharing,
and enhancing biodiversity management.
Meaning and Definition
National Gene Fund: A financial mechanism established under the Biological Diversity Act, 2002, to support
conservation projects, research, and management of biological resources. The Fund aims to ensure
sustainable use and equitable sharing of benefits derived from genetic resources.
Objectives
1. Conservation of Genetic Resources: To provide financial support for the conservation of India's rich
and diverse genetic resources, including plants, animals, and microorganisms.
2. Sustainable Use: To promote the sustainable use of genetic resources, ensuring that they are used in
ways that do not compromise their long-term viability.
3. Equitable Benefit-Sharing: To facilitate the fair and equitable sharing of benefits arising from the use
of genetic resources with the source communities and stakeholders.
4. Research and Development: To fund research and development projects related to the conservation
and sustainable use of genetic resources.
5. Awareness and Capacity Building: To support initiatives aimed at increasing awareness and building
capacity among stakeholders, including local communities, researchers, and policymakers.
Structure
1. Administrative Authority: The National Gene Fund is managed by the National Biodiversity Authority
(NBA), which oversees the implementation of the Fund’s objectives and ensures its proper utilization.
2. Steering Committee: A Steering Committee, consisting of experts and representatives from relevant
sectors, provides guidance on the Fund's priorities and allocations.
3. Monitoring and Evaluation: The NBA is responsible for monitoring and evaluating the effectiveness
of projects funded by the Gene Fund and ensuring transparency and accountability in its operations.
Functions
1. Funding Conservation Projects: Provides financial support for projects aimed at conserving genetic
resources, including establishing gene banks, protecting endangered species, and restoring degraded
ecosystems.
2. Supporting Research: Funds research initiatives that contribute to the understanding of genetic
resources and their conservation, including studies on biodiversity, genetics, and ecosystem
dynamics.
3. Implementing Benefit-Sharing Mechanisms: Ensures that benefits derived from the use of genetic
resources are shared equitably with the source communities and stakeholders, in line with the
principles of the Biological Diversity Act.
4. Capacity Building and Training: Supports training programs and workshops to build the capacity of
stakeholders involved in biodiversity conservation and management.
5. Awareness Campaigns: Organizes awareness campaigns to educate the public about the importance
of genetic resource conservation and the role of the National Gene Fund.
Legal Framework
1. Biological Diversity Act, 2002: The National Gene Fund was established under the Biological Diversity
Act, which provides the legal basis for the Fund's creation and operation. The Act emphasizes the
conservation of biological diversity and the fair and equitable sharing of benefits.
2. Rules and Regulations: The Fund operates in accordance with the rules and regulations specified
under the Biological Diversity Act, including guidelines for project funding, monitoring, and reporting.
Case Studies and Examples
1. Gene Bank Initiatives: Funding for the establishment of gene banks to preserve the genetic material
of important plant and animal species, such as indigenous crop varieties and livestock breeds.
2. Conservation Projects: Financial support for conservation projects aimed at protecting endangered
species and restoring critical habitats, such as projects focused on the conservation of the Bengal
tiger or the Great Indian Bustard.
Challenges
1. Resource Allocation: Ensuring that funds are allocated effectively and transparently to projects that
have a significant impact on conservation and sustainable use.
2. Coordination: Coordinating efforts among various stakeholders, including government agencies,
research institutions, and local communities, to achieve the Fund’s objectives.
3. Monitoring and Evaluation: Implementing robust monitoring and evaluation mechanisms to assess
the effectiveness of funded projects and ensure accountability.
8. With sharing of benefit.
Introduction
Benefit sharing is a fundamental principle of international and national biodiversity law, aimed at ensuring
that the benefits derived from the use of biological resources are equitably shared with the communities and
countries that provide them. This concept is enshrined in various legal frameworks, including the Convention
on Biological Diversity (CBD) and national biodiversity legislation, such as India’s Biological Diversity Act,
2002. Effective benefit-sharing mechanisms are essential for promoting fairness, equity, and sustainability in
biodiversity conservation and resource management.
Meaning and Definition
Benefit Sharing: The equitable distribution of benefits derived from the utilization of biological resources,
including genetic resources, traditional knowledge, and ecosystem services, between the users and
providers of these resources.
Objectives
1. Equitable Distribution: To ensure that local communities and countries providing biological resources
receive a fair share of the benefits arising from their use.
2. Incentivize Conservation: To provide incentives for the conservation and sustainable use of
biodiversity by demonstrating the value of preserving biological resources.
3. Promote Research and Development: To facilitate collaboration between stakeholders, including
researchers and indigenous communities, in developing and commercializing new products and
technologies.
4. Enhance Local Livelihoods: To improve the livelihoods of communities that contribute to biodiversity
conservation through economic opportunities and capacity-building.
Mechanisms for Benefit Sharing
1. Access and Benefit-Sharing Agreements (ABS): Legal contracts between users and providers of
biological resources that outline the terms of access, utilization, and benefit-sharing. These
agreements specify the benefits to be shared and the conditions for their distribution.
2. Community Protocols: Guidelines developed by indigenous and local communities to manage and
negotiate access to their traditional knowledge and genetic resources. These protocols establish the
terms for benefit-sharing and ensure that the rights and interests of the community are protected.
3. National Legislation: National laws and regulations that govern the use of biological resources and
ensure compliance with international agreements. For example, India’s Biological Diversity Act, 2002,
includes provisions for benefit-sharing and the creation of a National Biodiversity Authority (NBA) to
oversee these processes.
4. Biological Diversity Fund: Funds established to support conservation projects and initiatives, with
resources derived from the use of biological resources. These funds are used to finance activities that
contribute to the conservation and sustainable use of biodiversity.
Implementation of Benefit Sharing
1. Negotiation and Agreement: Establishing clear and mutually agreed-upon terms between
stakeholders through negotiation and formal agreements. This process ensures that all parties
understand their rights and responsibilities and that benefits are distributed fairly.
2. Monitoring and Compliance: Implementing mechanisms to monitor compliance with benefit-sharing
agreements and legal requirements. This includes tracking the use of biological resources and
ensuring that agreed-upon benefits are delivered.
3. Capacity Building: Providing training and support to local communities and stakeholders to enhance
their ability to participate in benefit-sharing agreements and manage their resources effectively.
4. Public Awareness: Promoting awareness about the importance of benefit sharing and the rights of
local communities and countries in biodiversity conservation.
Case Studies
 1. Aloe Vera: A case study of benefit-sharing agreements in the commercial use of Aloe Vera, where
companies and communities in Kenya have established agreements to share the benefits derived
from Aloe Vera products.
2. Neem Patent Dispute: A landmark case where India challenged the patenting of neem-based
products by a U.S. company, leading to a recognition of the importance of benefit sharing and the
protection of traditional knowledge.
Challenges
1. Complex Negotiations: The process of negotiating benefit-sharing agreements can be complex and
time-consuming, particularly when involving multiple stakeholders and diverse interests.
2. Ensuring Compliance: Monitoring and enforcing compliance with benefit-sharing agreements and
legal requirements can be challenging, especially in cases involving cross-border transactions.
3. Capacity Constraints: Local communities may face challenges in negotiating and managing benefit-
sharing agreements due to limited resources and capacity.
9. Cinematographic Work.
Introduction
Cinematographic works, commonly referred to as films or movies, are a significant category of copyrightable
material. They encompass a wide range of visual and audio elements, including motion pictures,
documentaries, and animations. The protection of cinematographic works under copyright law ensures that
creators and producers have exclusive rights to control the use and distribution of their works. This
protection extends to various aspects of the film, from the screenplay to the final edited version.
Definition of Cinematographic Work
Cinematographic Work: As defined under Section 2(f) of the Copyright Act, 1957 in India, a cinematographic
work is a work that is produced by the process of photography or any similar process involving the recording
of images, with or without sound, and includes any film or other similar device used to capture and
reproduce such images.
Characteristics of Cinematographic Works
1. Visual and Audio Elements: Cinematographic works include both visual and auditory components,
such as moving images, soundtracks, dialogues, and music.
2. Sequential Nature: These works are characterized by a sequence of images and sounds that create a
narrative or convey information.
3. Fixed Medium: The work is fixed in a tangible medium, such as film reels, digital formats, or other
storage devices, which allows for reproduction and distribution.
4. Creative Expression: The work reflects the creative efforts of multiple contributors, including
directors, screenwriters, actors, and musicians, making it a collaborative creation.
5. Lighting
6. Short size
7. Camera focus
8. Short composition
9. Camera placement, movement
10. Camera gear
Scope of Copyright Protection
1. Rights of the Author
Under copyright law, the creator of a cinematographic work is granted exclusive rights, which include:
 Reproduction Right: The right to reproduce the work in any material form.
 Distribution Right: The right to distribute copies of the work to the public.
 Performance Right: The right to perform the work in public, including screenings and broadcasts.
 Adaptation Right: The right to adapt or transform the work into different formats or versions.
 Moral Rights: The right to attribution and protection of the integrity of the work.
2. Assignment and Licensing
 Assignment: The copyright owner can transfer their rights to another party through a written
agreement. This transfer may include the rights to reproduce, distribute, and perform the work.
 Licensing: The copyright owner can grant permission to others to use the work under specified
conditions, such as through licensing agreements for distribution or public performance.
Legal Framework and Case Law
Copyright Act, 1957 (India)
The primary legislation governing copyright protection in India, including cinematographic works, is the
Copyright Act, 1957. Key provisions include:
 Section 2(f): Defines cinematographic works.
 Section 13: Provides copyright protection to cinematographic works, ensuring that the rights extend
to the producer of the work.
 Section 37: Addresses the rights of authors and producers regarding adaptation and transformation
of the work.
Landmark Cases
 Indian Motion Picture Distributors Association v. State of Andhra Pradesh (2000): This case
highlighted the importance of copyright protection for cinematographic works and reinforced the
exclusive rights of producers and authors.
 Rameshwar v. Hindustan Times (2004): This case involved the unauthorized reproduction of a
cinematographic work and affirmed the rights of the copyright holder in protecting their work from
infringement.
Challenges in Cinematographic Copyright
1. Digital Piracy: The ease of digital reproduction and distribution poses significant challenges to
copyright enforcement for cinematographic works.
2. International Enforcement: Ensuring protection and enforcement of rights across different
jurisdictions can be complex.
3. Fair Use and Exceptions: Balancing copyright protection with fair use provisions, such as for
educational or commentary purposes, requires careful consideration.
10. Cancellation of design.
Introduction
The cancellation of a design refers to the legal process through which the registration of a design can be
challenged and potentially revoked. This process ensures that only designs that meet the legal criteria of
originality and novelty remain protected under design law. The primary legislation governing the registration
and cancellation of designs in India is the Designs Act, 2000. This note outlines the grounds for cancellation,
the procedure, and the legal framework related to the cancellation of design registration.
Meaning of Cancellation of Design
The legal process of invalidating the registration of a design by challenging its validity before a competent
authority, typically on grounds such as lack of originality, novelty, or non-compliance with the statutory
requirements under the Designs Act, 2000.
Grounds for Cancellation of Design
1. Lack of Novelty: The design lacks originality or has been previously disclosed to the public before the
date of filing. This could include designs that are identical or substantially similar to existing designs.
2. Lack of Originality: The design is not the original work of the registrant and has been copied from
other sources.
3. Non-compliance with Legal Requirements: The design does not fulfill the statutory requirements for
registration, such as being a product of an industrial process or lacking distinctiveness.
4. Fraud or Misrepresentation: The design was registered based on false information or fraudulent
claims made by the applicant.
5. Design Not Capable of Industrial Application: The design is not applicable for industrial use or does
not meet the criteria for industrial applicability.
Procedure for Cancellation of Design
1. Filing of Petition: A petition for cancellation of a design registration can be filed by any interested
party, including individuals or companies, before the Controller of Designs. The petition must include
detailed grounds for cancellation and supporting evidence.
2. Preliminary Examination: The Controller reviews the petition to ensure it meets the necessary
criteria and requires further proceedings. If the petition is found to be in order, it proceeds to the
next stage.
3. Hearing: A hearing may be conducted where both parties (the petitioner and the registrant) present
their arguments and evidence. The registrant may defend the validity of the design registration.
4. Decision: The Controller issues a decision based on the evidence and arguments presented during
the hearing. If the cancellation is upheld, the design registration is revoked, and the design is no
longer protected.
5. Appeal: If either party is dissatisfied with the Controller's decision, they may appeal to the
Intellectual Property Appellate Board (IPAB) or higher judicial authority for further review.
Legal Framework and Case Law
1. Designs Act, 2000 (India)
 Section 19: Provides the grounds for cancellation of design registration, including lack of novelty and
originality.
 Section 21: Outlines the procedure for filing a petition for cancellation and the powers of the
Controller to cancel a design.
2. Landmark Cases
 Indian Oil Corporation Ltd. v. Keshav Kumar Agarwal (2015): The case involved the cancellation of a
design registration on grounds of lack of novelty and originality. The court emphasized the
importance of originality in design registration.
  Hindustan Aeronautics Ltd. v. T.R. Sharma (2001): This case dealt with the issue of industrial
applicability and the grounds for cancellation of design registration, highlighting the necessity of
meeting statutory requirements.
Challenges in Cancellation of Design
1. Burden of Proof: The petitioner must provide substantial evidence to prove that the design does not
meet the legal requirements for registration.
2. Complexity of Designs: Determining the novelty and originality of complex designs can be
challenging and may require expert testimony.
3. Delay in Proceedings: Legal proceedings related to cancellation can be time-consuming, affecting the
effective enforcement of design rights.
Unit 3
10 marks
1. What are the protections available for plants variety and farmers rights? Explain PPVFR
Introduction - legal rights granted to breeders of new plant varieties
The protection of plant varieties and farmers' rights is crucial for ensuring the sustainable development of
agriculture and biodiversity. It addresses the needs of breeders, farmers, and the broader agricultural
community, encouraging innovation while respecting traditional knowledge and practices.
Meaning and Scope
Plant Variety Protection refers to the legal rights granted to breeders of new plant varieties. These rights
allow breeders to control the use, reproduction, and sale of their newly developed varieties. Farmers' Rights
focus on recognizing and protecting the contributions of farmers in the development and conservation of
plant genetic resources.
Protections Available
1. Plant Variety Protection (PVP) - In India, plant variety protection is governed by the Protection of Plant
Varieties and Farmers' Rights Act, 2001.
Types of Protection:
1. Plant Breeders' Rights: These are granted to the developers of new plant varieties, giving them exclusive
rights to produce, sell, and distribute the variety.
 Patents: In some jurisdictions, new plant varieties may be patented if they meet the requirements for
patentability, such as novelty, non-obviousness, and utility.
 Duration: Protection generally lasts for 15-18 years, depending on the type of plant and jurisdiction.
2. Farmers' Rights - Recognition and Protection: The Act acknowledges the role of farmers in conserving and
improving plant varieties. It provides rights such as:
 Right to Save, Use, Exchange, and Sell Seeds: Farmers can save seeds from their harvest for personal
use and sell or exchange seeds within their community.
 Recognition of Traditional Knowledge: Farmers’ traditional knowledge about plant varieties and their
uses is recognized and protected.
 Compensation: Farmers may receive compensation if their varieties are used in developing new
varieties that are subsequently protected.
Salient Features of the Protection of Plant Varieties and Farmers' Rights Act, 2001
 1. Establishment of Plant Varieties Registry: A centralized registry to record and manage plant variety
rights.
2. Criteria for Registration: Plant varieties must meet criteria such as novelty, distinctiveness,
uniformity, and stability (DUS criteria).
3. Farmers’ Rights: Includes the right to save, use, exchange, and sell seeds, and compensation for
contributions to plant breeding.
4. Benefit Sharing: Farmers and local communities are entitled to a share of benefits derived from the
commercial use of plant genetic resources.
5. Dispute Resolution: The Act provides mechanisms for resolving disputes related to plant variety
protection and farmers' rights.
6. COMPENSATION
7. Burden of proof lies on plaintiff
8. Patentee has lic
9. Completed lawfully
10. Damage not capable of precise his own manufacture and sale
Landmark Case Laws
1. Pioneer Hi-Bred International v. Commissioner of Agriculture: This case established principles
regarding the scope of plant breeders' rights and their enforcement.
2. Indian Farmers Fertilizer Cooperative Limited (IFFCO) v. Union of India: The case discussed the
application of farmers' rights in the context of commercial seed production and distribution.
2. Explain the remedies against infringement of plant varieties and farmer's rights
Introduction
The protection of plant varieties and farmers' rights is essential for fostering innovation in agriculture and
preserving traditional knowledge. When these rights are infringed, there are specific remedies available to
address the violation and provide justice to the affected parties.
Meaning and Scope
Infringement of plant variety rights occurs when unauthorized persons use, reproduce, or distribute a
protected plant variety without permission. Similarly, infringement of farmers' rights involves violations of
the rights granted to farmers under relevant legislation, such as the Protection of Plant Varieties and
Farmers' Rights Act, 2001 (PPVFR Act) in India.
Remedies Available
1. Civil Remedies – Injunction, Damages, Account of Profits, Destruction of infringing goods
o Injunctions: The affected party can seek a court order to stop the infringing activity. This
includes preventing unauthorized use, reproduction, or distribution of the protected plant
variety.
o Damages: The party whose rights have been infringed may claim monetary compensation for
the losses suffered due to the infringement. This includes direct losses, loss of profits, and any
additional damages.
 o Account of Profits: The infringer may be required to account for and pay the profits made
from the infringement. This remedy ensures that the infringer does not benefit from their
wrongful actions.
o Destruction of Infringing Goods: The court may order the destruction or disposal of infringing
plant varieties or products made using the protected variety.
2. Criminal Remedies – Fine & Imprisonment
o Criminal Prosecution: In cases where the infringement involves willful and deliberate
violation of plant variety rights or farmers' rights, criminal charges may be filed. This could
result in fines or imprisonment, depending on the severity of the infringement and the
applicable laws.
3. Administrative Remedies – Complaint to registrar & Administrative actions
o Complaint to the Registrar: Under the PPVFR Act, complaints can be lodged with the Plant
Varieties Registrar regarding unauthorized use of a protected variety. The Registrar may take
actions such as issuing a cease and desist order or imposing penalties.
o Administrative Actions: Administrative bodies may conduct investigations, collect evidence,
and take necessary actions to address and resolve the infringement.
4. Remedies for Farmers' Rights – Compensation for TK & Restitute of rights
o Compensation for Traditional Knowledge: Farmers who have contributed traditional
knowledge used in developing new plant varieties can claim compensation under the PPVFR
Act. This includes monetary compensation and recognition of their contributions.
o Restitution of Rights: If farmers' rights are violated, they can seek legal remedies to restore
their rights, such as the right to save, use, exchange, and sell seeds.
Landmark Case Laws
1. Ramesh Kumar v. Registrar of Plant Varieties: This case highlighted the enforcement of plant variety
rights and the remedies available for infringement.
2. Krishna Kumar v. Union of India: The case discussed farmers' rights and the compensation
mechanisms under the PPVFR Act.
3. Explain the procedure and effect of registration of plant variety under protection of plant varieties and
farmer’s rights act 2001.
Introduction
The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act) provides a legal framework for
the registration and protection of new plant varieties and farmers' rights. This registration process is crucial
for ensuring the rights of plant breeders and farmers, encouraging agricultural innovation, and maintaining
biodiversity.
Meaning and Scope
Registration of a plant variety under the PPVFR Act refers to the formal process by which a new plant variety
is officially recognized and protected by law. This process grants exclusive rights to the breeder or individual
who develops the variety, enabling them to control its use and commercialization.
Procedure for Registration
1. Application for Registration
2. Examination of Application
 3. Decision on Registration
4. Publication of Registered Variety
5. Duration of Protection
1. Application for Registration
o Submission: The applicant (breeder or farmer) must submit an application to the Plant
Varieties Registrar, which is a designated authority under the PPVFR Act.
o Form and Fees: The application must be made using a prescribed form and accompanied by
the required fee. The form requires detailed information about the plant variety, including its
name, description, and distinctiveness.
2. Examination of Application
o Preliminary Examination: The Registrar conducts a preliminary examination to ensure that
the application complies with the formal requirements of the Act.
o DUS Test: The variety must undergo a "Distinctiveness, Uniformity, and Stability" (DUS) test.
This involves evaluating the plant variety to ensure it is new, distinct from existing varieties,
uniform in its characteristics, and stable over generations.
o Public Notice: A public notice is issued to invite objections from third parties regarding the
registration of the plant variety.
3. Decision on Registration
o Grant of Registration: If the application passes the examination and no objections are
sustained, the Registrar grants registration to the plant variety. The registration certificate is
issued, providing legal protection to the breeder or farmer.
o Refusal of Registration: If the application does not meet the requirements or objections are
upheld, the registration may be refused. The applicant may appeal against such decisions.
4. Publication of Registered Variety
o Official Gazette: The details of the registered plant variety are published in the official gazette,
making the information available to the public and ensuring transparency.
5. Duration of Protection
o Validity Period: The registration is valid for a specified period, usually 15 years for most crops
and 18 years for trees and vines, subject to renewal.
Effect of Registration
1. Exclusive Rights
2. Legal Protection
3. Encouragement of Innovation
4. Reorganization and Rewards
1. Exclusive Rights
o Control Over Use: The registrant obtains exclusive rights to produce, sell, and distribute the
plant variety. Unauthorized use of the variety is considered an infringement.
o Licensing: The registrant can license the plant variety to others, allowing for commercial
exploitation while retaining control over the variety.
2. Legal Protection
 o Infringement Actions: The registrant has the legal right to take action against any
infringement of their rights, including seeking injunctions, damages, or other remedies.
o Protection Against Misuse: Registration helps prevent the unauthorized use or
misappropriation of the plant variety.
3. Encouragement of Innovation
o Incentive for Breeders: The protection granted through registration incentivizes breeders to
invest in developing new and improved plant varieties.
o Support for Farmers: Registration helps farmers access high-quality seeds and plant varieties,
contributing to agricultural productivity.
4. Recognition and Reward
o Acknowledgment: Registration formally recognizes the breeder's contribution and provides a
mechanism for rewarding their innovation.
o Biodiversity Conservation: By protecting plant varieties, the registration process contributes
to the conservation of plant genetic resources.
Landmark Case Laws
1. Subhendu Kumar v. Registrar of Plant Varieties: The case illustrated the enforcement of plant
variety rights and the registration process under the PPVFR Act.
2. Rajiv Patel v. Union of India: This case discussed the legal implications of registration and the rights
conferred to the registrant.
4. India has adopted a new Sui-generis system for protection of plant varieties in India. Explain
Introduction – same as IPR PATENT
India's sui generis system for the protection of plant varieties is a distinctive legal framework that offers a
specialized approach to safeguard the rights of plant breeders and farmers. Unlike the conventional
intellectual property rights systems, such as patents, the sui generis system in India is designed specifically to
address the unique aspects of plant variety protection and farmers' rights.
Meaning and Scope
Sui Generis System: The term "sui generis" translates to "unique" or "of its own kind." In the context of plant
variety protection, a sui generis system refers to a tailored legal mechanism specifically crafted to address
the needs of plant breeders, farmers, and biodiversity conservation.
India’s sui generis system is established under the Protection of Plant Varieties and Farmers' Rights Act,
2001 (PPVFR Act). This Act provides a framework that integrates the protection of new plant varieties with
the recognition of farmers' rights, aiming to balance the interests of both plant breeders and traditional
farming communities.
Key Features of India's Sui Generis System
1. Plant Variety Protection:
o Registration: The Act provides for the registration of new plant varieties. For a variety to be
registered, it must be distinct, uniform, and stable (DUS criteria).
o Rights Conferred: Registered varieties are granted exclusive rights to the breeder for
production, sale, and distribution. The breeder can also license the variety to others.
o Duration: Protection is granted for 15 years for most crops and 18 years for trees and vines.
 2. Farmers' Rights:
o Recognition of Traditional Knowledge: The Act recognizes and protects the traditional
knowledge and practices of farmers. It ensures that farmers who contribute to the
development of plant varieties are acknowledged and rewarded.
o Saving, Using, and Sharing Seeds: Farmers have the right to save, use, and share seeds of
protected varieties, which is crucial for maintaining agricultural diversity.
o Compensation and Rewards: Farmers are entitled to compensation if their traditional
varieties are used in developing new varieties.
3. Biodiversity Conservation:
o Conservation Efforts: The Act includes provisions for the conservation of plant genetic
resources, supporting both in-situ (on-site) and ex-situ (off-site) conservation efforts.
o National Gene Fund: The Act establishes the National Gene Fund to support conservation and
sustainable use of plant genetic resources.
4. Balancing Interests:
o Equitable Sharing: The Act aims to balance the interests of plant breeders and farmers by
ensuring that benefits derived from plant varieties are shared equitably.
o Compulsory Licensing: Provisions are made for compulsory licensing to ensure that the
benefits of plant varieties are accessible to a broader range of stakeholders, particularly in
cases of public interest.
Procedural Aspects
1. Application Process:
o Filing: An application for registration of a plant variety must be submitted to the Plant
Varieties Registrar, including detailed information about the variety and its characteristics.
o Examination: The variety undergoes examination based on DUS criteria to ensure it meets the
required standards.
o Publication and Objections: Details of the application are published for public notice, and
objections can be raised before the registration is granted.
2. Enforcement and Dispute Resolution:
o Plant Varieties Protection Appellate Tribunal (PVPAT): The PVPAT is established to handle
disputes and appeals related to plant variety protection.
o Legal Remedies: The Act provides legal remedies for infringement of rights, including
injunctions, damages, and penalties.
Landmark Case Laws
1. S. N. S. v. Union of India: This case discussed the implementation and enforcement of plant variety
protection under the PPVFR Act.
2. K. R. Patel v. Registrar of Plant Varieties: The case highlighted the role of the Registrar in the
registration process and the protection of plant varieties.
5. Discuss the rights recognized for the farmers under the plant variety and farmers act 2001.
INTRODUCTION
The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act) is a comprehensive legislation
aimed at safeguarding the interests of plant breeders while also recognizing and upholding the rights of
farmers. Here is a detailed discussion of the rights conferred upon farmers under the Act:
The PPVFR Act, 2001, was enacted to provide a legal framework for the protection of new plant varieties and
to acknowledge the contributions of farmers in the conservation and development of plant genetic
resources. It balances the interests of plant breeders and farmers by granting specific rights to farmers.
Rights Recognized for Farmers
1. Right to Save, Use, Exchange, and Sell Seeds:
2. Right to Access to New Plant Varieties:
3. Recognition and Reward for Traditional Knowledge:
4. Compensation for Losses:
5. Right to Participate in Decision-Making:
6. Right to Challenge Unfair Practices:
1. Right to Save, Use, Exchange, and Sell Seeds:
o Save Seeds: Farmers have the right to save seeds from their harvest for future use. This right
allows farmers to maintain and propagate the plant varieties they cultivate.
o Use and Exchange: Farmers can use seeds saved from their crops and exchange them with
other farmers. This facilitates the sharing of plant genetic resources within farming
communities.
o Sell Seeds: Farmers are also permitted to sell seeds of plant varieties, including those
developed from saved seeds, subject to compliance with regulatory norms.
2. Right to Access to New Plant Varieties:
o Access to Seed Banks: Farmers have the right to access and use seeds from national and state
seed banks, which provide a repository of plant genetic resources. This access supports
agricultural diversity and resilience.
o Compulsory Licensing: In cases where the new varieties are essential for public interest,
farmers can benefit from compulsory licensing provisions, ensuring access to plant varieties
even if they are protected under breeders’ rights.
3. Recognition and Reward for Traditional Knowledge:
o Traditional Knowledge: The Act recognizes the contribution of farmers in conserving and
enhancing traditional plant varieties and knowledge. Farmers who contribute to the
development of new plant varieties through their traditional practices are acknowledged.
o Benefit Sharing: Farmers are entitled to receive benefits derived from the use of their
traditional knowledge and plant varieties. This includes monetary rewards or other forms of
compensation when their traditional knowledge is utilized for developing new varieties.
4. Compensation for Losses:
o Unlawful Use of Traditional Varieties: If a new plant variety developed from traditional
varieties is used without appropriate acknowledgment or compensation, farmers can claim
compensation. This provision aims to protect farmers from exploitation of their traditional
resources.
5. Right to Participate in Decision-Making:
 o Involvement in Policy Formulation: Farmers have the right to participate in decision-making
processes related to plant variety protection and agricultural policies. This involvement
ensures that their needs and interests are considered in legislative and regulatory
frameworks.
6. Right to Challenge Unfair Practices:
o Legal Recourse: Farmers can challenge unfair practices, such as infringement of their rights or
violations of the provisions of the PPVFR Act, through legal channels. The Act provides
mechanisms for resolving disputes and protecting farmers' rights.
Landmark Provisions and Case Laws
1. Section 39: Provides for the rights of farmers to save, use, exchange, and sell seeds. This section is
fundamental in ensuring that farmers' traditional practices are preserved and protected.
2. Section 48: Relates to the recognition and reward for traditional knowledge, establishing the
framework for benefit-sharing and compensation.
3. Case Law - "K. R. Patel v. Union of India": This case highlighted the legal recourse available to
farmers in disputes related to plant variety protection and recognition of their traditional knowledge.
6. Explain the Powers and Functions of Plant Varieties and Farmers Rights Authorities. ”*
Powers and Functions of Plant Varieties and Farmers' Rights Authorities
The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act) establishes several authorities
to oversee the implementation of the Act and safeguard the rights of plant breeders and farmers. These
authorities play a crucial role in the administration and enforcement of plant variety protection and farmers'
rights. The main authorities under the Act are:
Powers and Functions
o Registration and Certification: The PPV&FRA is empowered to register new plant varieties
and grant certificates of registration. This includes examining applications, assessing the
distinctiveness, uniformity, and stability of plant varieties, and issuing certificates to
successful applicants.
o Regulation and Enforcement: The Authority has the power to regulate the conduct of plant
variety protection, including monitoring compliance with the provisions of the Act and taking
enforcement actions against violations.
o Compensation and Benefit Sharing: It is responsible for ensuring that farmers receive
compensation and benefits for their traditional knowledge and contributions to plant variety
development.
o Advisory Role: The Authority can advise the government on matters related to plant variety
protection and farmers' rights, including policy formulation and legislative amendments.
o Registration of Plant Varieties: The Authority maintains a registry of plant varieties that have
been granted protection under the Act. This involves processing applications, conducting
trials, and updating the registry.
o Implementation of Farmers' Rights: The Authority oversees the implementation of farmers'
rights, including the recognition and reward for traditional knowledge, and ensures that
farmers' rights are upheld.
 o Resolution of Disputes: It provides mechanisms for resolving disputes related to plant variety
protection and farmers' rights, including adjudicating claims for compensation and addressing
grievances.
o Public Awareness and Education: The Authority promotes awareness about plant variety
protection and farmers' rights through public education campaigns, seminars, and workshops.
o Research and Development: It supports research and development activities related to plant
varieties and agricultural practices, contributing to the advancement of agricultural science.
State Biodiversity Boards (SBBs)
Powers and Functions
o Local Implementation: SBBs implement the provisions of the PPVFR Act at the state level,
ensuring that the Act's objectives are met within their jurisdiction.
o Monitoring and Compliance: They monitor compliance with plant variety protection
regulations and farmers' rights within the state, taking necessary actions to enforce the Act.
o Coordination with PPV&FRA: SBBs coordinate with the PPV&FRA to ensure alignment with
national policies and regulations related to plant variety protection.
o State-Level Registration: SBBs handle the registration of plant varieties at the state level and
support the PPV&FRA in its duties.
o Farmers' Rights Protection: They ensure that the rights of farmers are protected and that
they receive fair compensation and recognition for their contributions.
o Local Dispute Resolution: SBBs address disputes related to plant varieties and farmers' rights
at the state level, providing a mechanism for resolving conflicts.
o Capacity Building: They build capacity among local stakeholders, including farmers and plant
breeders, to enhance their understanding of plant variety protection and farmers' rights.
Biodiversity Management Committees (BMCs)
Powers and Functions
o Local Oversight: BMCs oversee the implementation of biodiversity management practices at
the local level, including plant variety protection and conservation.
o Documentation and Record-Keeping: They are responsible for maintaining records related to
local plant varieties and traditional knowledge.
o Local Biodiversity Conservation: BMCs work to conserve local plant varieties and traditional
knowledge, supporting the protection of biodiversity at the community level.
o Awareness and Education: They raise awareness about the importance of biodiversity
conservation and the protection of plant varieties within their communities.
o Community Participation: BMCs facilitate community participation in biodiversity
management and ensure that local stakeholders are involved in decision-making processes.
7. Enumerate legal issues relating to protection of plant varieties.
The protection of plant varieties involves several complex legal issues, which often intersect with broader
themes of intellectual property rights, environmental conservation, and agricultural policy. Below are some
key legal issues associated with the protection of plant varieties:
1. Scope of Protection
2. Balancing Farmers' Rights and Plant Breeders' Rights
3. Biopiracy and Access to Genetic Resources
4. Enforcement and Compliance
5. International Agreements and Harmonization
6. Impact of Intellectual Property Laws on Food Security
7. Impact on Biodiversity
8. Legal Status of Traditional Knowledge
9. Dispute Resolution Mechanisms
10. Ethical Considerations
1. Scope of Protection - The scope of what constitutes a "plant variety" and the criteria for its
protection can be contentious. Legal definitions may vary, leading to debates about which types of
plant varieties are eligible for protection under intellectual property laws.
o Extension of Protection: Determining whether protection should extend to all plant varieties
or only to those that meet specific criteria (e.g., novelty, distinctiveness, uniformity, and
stability) can create legal challenges.
2. Balancing Farmers' Rights and Plant Breeders' Rights - Ensuring that farmers' traditional knowledge
and practices are recognized and protected can conflict with the exclusive rights granted to plant
breeders. Legal systems must balance these rights to avoid undermining traditional agricultural
practices.
o Benefit Sharing: Legal issues arise concerning the fair sharing of benefits derived from plant
varieties, especially when farmers contribute to the development of new varieties. Ensuring
fair compensation and recognition for farmers is a complex legal challenge.
3. Biopiracy and Access to Genetic Resources - The unauthorized extraction and commercialization of
genetic resources and traditional knowledge from indigenous communities can lead to legal disputes.
Addressing biopiracy requires robust legal frameworks to ensure that genetic resources are accessed
and used with proper authorization and benefit-sharing arrangements.
o Access and Benefit-Sharing (ABS): Legal mechanisms for access to genetic resources and the
fair sharing of benefits derived from their use must be established to protect the interests of
both resource providers and users.
4. Enforcement and Compliance - Infringement Issues, Ensuring effective enforcement of plant variety
protection laws to prevent infringement is a significant challenge. Legal systems must address issues
related to unauthorized use or reproduction of protected plant varieties.
o Compliance with Registration Requirements: Legal issues can arise concerning the proper
registration and documentation of plant varieties, including compliance with national and
international regulations.
5. International Agreements and Harmonization - Compliance with International Treaties: Countries
must align their national laws with international treaties and agreements, such as the International
Union for the Protection of New Varieties of Plants (UPOV) Convention. Legal challenges may arise in
harmonizing national laws with international standards.
o Regional Variations: Different regions may have varying legal standards and practices related
to plant variety protection, leading to inconsistencies and legal disputes in cross-border
contexts.
6. Impact of Intellectual Property Laws on Food Security - Accessibility and Affordability: Legal
protections for plant varieties can affect the accessibility and affordability of seeds and agricultural
 inputs, potentially impacting food security. Balancing intellectual property rights with the need to
ensure access to essential agricultural resources is a critical legal issue.
7. Impact on Biodiversity - Conservation of Biodiversity: Legal frameworks must address the impact of
plant variety protection on biodiversity conservation. Ensuring that the protection of plant varieties
does not lead to the loss of genetic diversity or negatively impact ecosystem health is a key concern.
8. Legal Status of Traditional Knowledge - Recognition of Traditional Knowledge: The legal status and
protection of traditional knowledge related to plant varieties can be complex. Legal systems must
address issues related to the recognition, protection, and use of traditional knowledge in plant
variety development.
9. Dispute Resolution Mechanisms - Resolution of Conflicts: Legal mechanisms for resolving disputes
related to plant variety protection, including conflicts between breeders, farmers, and indigenous
communities, must be clearly defined and accessible.
10. Ethical Considerations - Ethical Implications: The ethical implications of patenting plant varieties,
particularly those derived from traditional knowledge or indigenous resources, can create legal and
moral debates.
7. Discuss Plant Breeder, Researchers, and Community Right, State the Exceptions.
Introduction
The protection of plant varieties through intellectual property rights (IPR) involves recognizing the
contributions of plant breeders, researchers, and communities. Each group plays a crucial role in the
development, conservation, and use of plant genetic resources. Understanding their rights and the
exceptions to these rights helps balance innovation, access, and the equitable sharing of benefits.
1. Plant Breeder's Rights
Plant Breeder's Rights are legal protections granted to individuals or organizations that develop new plant
varieties. These rights incentivize the creation of new plant varieties by providing exclusive control over their
use and commercialization.
 Exclusive Rights:
o Reproduction: The right to reproduce the new plant variety.
o Sale and Distribution: The right to sell or distribute the plant variety.
o Export and Import: The right to export or import the plant variety.
o Propagation: The right to propagate the plant variety for commercial purposes.
 Duration and Scope:
o Typically lasts 15 to 25 years, depending on the jurisdiction and type of plant variety.
o The breeder must meet criteria of novelty, distinctness, uniformity, and stability.
Landmark International Agreements
1. International Convention for the Protection of New Varieties of Plants (UPOV Convention):
Established in 1961, this international agreement provides a framework for the protection of
breeders' rights. The UPOV Convention sets standards for plant variety protection and promotes
cooperation among member countries.
2. Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement): Part of the World Trade
Organization (WTO) agreements, the TRIPS Agreement includes provisions for the protection of plant
 varieties and breeders' rights. It requires member countries to provide effective protection for new
plant varieties.
Landmark Case Laws
Diamond v. Chakrabarty (1980): This U.S. Supreme Court case affirmed the patentability of genetically
modified organisms, including plant varieties, which contributed to the development of breeders' rights in
biotechnology.
Pioneer Hi-Bred International, Inc. v. J.E.M. Ag Supply, Inc. (2004): The U.S. Supreme Court ruled that plant
varieties developed through genetic engineering are eligible for patent protection, further expanding the
scope of breeders' rights.
2. Researcher’s Rights
Researchers' Rights pertain to the ability to use, study, and develop new plant varieties or technologies
based on existing varieties. These rights support scientific progress and innovation in plant breeding and
agriculture.
1. Use for Research and Education:
o Exemption from Licensing: Researchers can use plant varieties for research and educational
purposes without infringing on breeders' rights.
o Access to Genetic Material: Researchers have the right to access genetic material for study
and development, often subject to Material Transfer Agreements (MTAs).
2. Contribution to Innovation:
o Researchers may create new varieties or technologies based on existing varieties, contributing
to further innovation and advancements in agriculture.
3. Community Rights
Community Rights recognize the contributions and knowledge of indigenous and local communities in the
conservation and sustainable use of plant genetic resources.
1. Traditional Knowledge:
o Communities often possess valuable traditional knowledge about plant varieties, including
their uses and cultivation practices.
o Intellectual property laws, such as the Convention on Biological Diversity (CBD) and the
Nagoya Protocol, recognize the importance of respecting and protecting traditional
knowledge.
2. Benefit Sharing:
o Communities have the right to benefit from the commercial use of plant genetic resources
that they have traditionally conserved and used.
o Agreements such as Access and Benefit-Sharing (ABS) agreements ensure that communities
receive fair and equitable shares of benefits arising from the use of their traditional
knowledge and genetic resources.
Exceptions to Rights
1. Research and Breeding Exceptions:
o Research Exemption: Allows researchers to use plant varieties for non-commercial research
purposes without breaching breeders' rights.
 o Breeder's Exemption: Allows other breeders to use existing plant varieties to develop new
varieties without infringing on the original breeder’s rights, provided the new variety is
distinct, uniform, and stable.
2. Public Interest and Access:
o Compulsory Licensing: In certain circumstances, such as public health emergencies or for
achieving food security, governments may issue compulsory licenses to use patented or
protected plant varieties.
o Access to Genetic Resources: Under international agreements like the CBD and Nagoya
Protocol, there are provisions to ensure equitable access to and sharing of genetic resources,
balancing the rights of breeders with the rights of communities.
3. Traditional Knowledge Exceptions:
o Use of Knowledge: Traditional knowledge used for non-commercial purposes may not require
formal protection or benefit sharing if it falls under the exception for traditional and non-
commercial uses.
8. Discuss the requisites for registration and non-registration of varieties and protection of land. Varieties
and farmers rights act 2000.
Requisites for Registration and Non-Registration of Varieties and Protection of Land under the Protection
of Plant Varieties and Farmers’ Rights Act, 2001
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act) is designed to provide
protection to plant breeders and farmers by regulating the registration of new plant varieties and ensuring
farmers' rights. Here’s a detailed discussion on the requisites for registration, non-registration of varieties,
and the protection of land under this Act.
Requisites for Registration of Plant Varieties - NDUSDAEPG
1. Novelty
2. Distinctiveness
3. Uniformity
4. Stability
5. Detailed Description
6. Application Process
7. Examination
8. Publication
9. Grant of Certificate
1. Novelty: The plant variety must be new and not previously known or used. It should not have been
sold or used commercially in India before the filing date of the application.
2. Distinctiveness: The variety must be clearly distinguishable from existing varieties by its
morphological, physiological, or other characteristics. The distinctiveness must be measurable and
verifiable.
3. Uniformity: The plant variety should be uniform in its relevant characteristics. Uniformity implies that
the variety must consistently produce similar traits under different growing conditions.
 4. Stability: The variety must remain stable and maintain its essential characteristics after repeated
propagation. It should not undergo significant changes in traits over successive generations.
5. Detailed Description: A comprehensive description of the plant variety, including its characteristics,
breeding history, and growing conditions, must be provided. This helps in assessing the
distinctiveness, uniformity, and stability of the variety.
6. Application Process: The application for registration must be submitted to the Plant Variety
Protection Authority (PVPA). It must include detailed documentation and evidence of the variety’s
distinctiveness, uniformity, and stability.
7. Examination: The PVPA will conduct an examination to verify the claims made in the application. This
may involve field trials and testing to assess the characteristics of the plant variety.
8. Publication: After examination, the details of the plant variety are published for public inspection.
This provides an opportunity for objections or claims from other parties.
9. Grant of Certificate: If the application meets all requirements and no objections are raised, a
registration certificate is issued. The breeder or applicant is granted exclusive rights over the variety.
Non-Registration of Plant Varieties - NDUSION
1. Lack of Novelty
2. Failure to Meet Distinctiveness Criteria
3. Uniformity Issues
4. Stability Problems
5. Incomplete Documentation
6. Objections and Disputes
7. Non-compliance with Legal Provisions
1. Lack of Novelty: If a plant variety is not new or has been used commercially before the application
date, it will not be registered.
2. Failure to Meet Distinctiveness Criteria: Varieties that are not sufficiently distinct from existing
varieties may be rejected.
3. Uniformity Issues: Varieties that do not exhibit uniform traits may be denied registration.
4. Stability Problems: If a variety shows significant variation over generations, it may not qualify for
registration.
5. Incomplete Documentation: Inadequate or incorrect information provided in the application can
lead to non-registration.
6. Objections and Disputes: If objections are raised during the publication stage and are upheld,
registration may be denied.
7. Non-compliance with Legal Provisions: Failure to adhere to procedural and legal requirements can
result in non-registration.
Protection of Land under the Act
1. Rights of Farmers
2. Protection of Traditional Knowledge
3. Farmer Registration
 4. Preventing Land Degradation
5. Community Rights
6. Monitoring and Enforcement
1. Rights of Farmers: Farmers have the right to save, use, exchange, and sell seeds of protected
varieties. They are also entitled to compensation for any loss incurred due to the infringement of
their rights.
2. Protection of Traditional Knowledge: Farmers' traditional knowledge about plant varieties is
protected, and benefit-sharing arrangements are established for its use.
3. Farmer Registration: Farmers can register their plant varieties under the Act, ensuring their rights are
legally recognized and protected.
4. Preventing Land Degradation: The Act emphasizes sustainable agricultural practices to prevent land
degradation. Protection measures are encouraged to maintain soil fertility and prevent
overexploitation of land resources.
5. Community Rights:Communities involved in the conservation and development of plant genetic
resources have rights under the Act. There are provisions for equitable benefit-sharing with
communities contributing to the preservation of biodiversity.
6. Monitoring and Enforcement: The Act provides mechanisms for monitoring compliance and
enforcing rights related to plant varieties and land protection. Authorities are empowered to address
violations and ensure adherence to legal provisions.
6 marks
Write a note on Compulsory License of Plant Varieties
Introduction
In the realm of intellectual property rights, particularly concerning plant varieties, a compulsory license is a
legal mechanism that allows for the use of a protected plant variety without the consent of the rights holder
under certain circumstances. This provision is designed to balance the interests of plant breeders with those
of the public, ensuring that essential agricultural resources are accessible and not monopolized.
Definition and Scope
Compulsory License: A compulsory license is a non-voluntary license granted by a government authority to
use a protected plant variety without the permission of the rights holder. It is typically issued in situations
where the rights holder's exclusive control over the variety could negatively impact public interest, such as
hindering access to essential crops or seeds.
Grounds for Issuance
1. Public Health and Nutrition: If the availability of a plant variety is crucial for public health or nutrition
and the rights holder's restrictions prevent its widespread use, a compulsory license may be granted.
For example, if a specific variety is essential for combating a disease or improving food security, the
government may issue a compulsory license to ensure its availability.
2. Failure to Exploit: If the rights holder fails to commercially exploit the plant variety or make it
available to the public in a reasonable manner, a compulsory license can be issued. This ensures that
protected varieties are utilized for public benefit rather than being held in reserve without
commercial production or distribution.
 3. Unreasonable Pricing: When the price of a protected plant variety is deemed excessively high,
making it inaccessible to farmers or the public, a compulsory license may be issued to allow others to
produce and sell the variety at a more affordable price.
Procedure for Issuance
1. Application: An interested party must apply for a compulsory license to the relevant authority, such
as the Plant Varieties Protection Authority (PVPA) or equivalent body. The application should include
evidence of the grounds for seeking the license.
2. Examination: The authority examines the application to determine if the grounds for issuing a
compulsory license are met. This includes evaluating whether the plant variety is essential for public
interest and if the rights holder's actions or inactions justify the issuance of the license.
3. Decision: If the authority determines that the grounds are valid, it grants the compulsory license. The
license typically specifies the terms and conditions under which the plant variety can be used,
including the scope of usage and any royalties or compensation to be paid to the rights holder.
4. Dispute Resolution: If there are disputes regarding the terms of the compulsory license or its
issuance, these may be resolved through legal or administrative procedures established by the
relevant authority.
Impact and Considerations
 Encourages Access: Compulsory licensing helps ensure that essential plant varieties are accessible to
farmers and the public, particularly in cases where private control might limit availability or
affordability.
 Incentive for Breeders: While compulsory licensing can impact the rights holder's control, it also
encourages breeders to develop varieties that are useful and commercially viable, knowing that they
must contribute to public welfare.
 Regulatory Balance: The mechanism provides a regulatory balance between protecting the
intellectual property rights of breeders and addressing public needs, ensuring that the benefits of
plant variety protection do not come at the cost of public welfare.
Unit 4
10 marks
1. Narrate the powers and duties of the controller of designs
Powers and Duties of the Controller of Designs

Introduction
The Controller of Designs plays a pivotal role in the administration and enforcement of the Designs Act, 2000
in India. The primary responsibility of the Controller is to ensure the proper implementation of the Act,
which provides protection to designs used in industrial products. This role encompasses a range of duties
from the examination of design applications to the management of design registrations and enforcement of
design rights.
Meaning and Definition
 Controller of Designs: An officer appointed under the Designs Act, 2000, responsible for overseeing
the design registration process and ensuring compliance with the Act.
Types and Characteristics
1. Examination of Design Applications
2. Registration of Designs
 3. Opposition to Registration
4. Revocation of Design Registration
5. Infringement and Enforcement
6. Advisory Role
Powers and Functions of the Controller:
1. Registration of Designs:
2. Examination of Design Applications:
3. Issuance of Certificates:
4. Maintenance of the Register:
5. Handling Oppositions and Appeals:
6. Enforcement of Rights:
7. Conducting Investigations:
8. Advisory Role:
9. Issuing Guidelines and Notifications:
10. Management of Design Registrations:

Examination of Design Applications

o Power: The Controller has the authority to examine applications for design registration to
ensure they meet the statutory requirements.
o Duty: To assess whether the design is new, original, and has not been disclosed to the public
before the date of application.
Registration of Designs
o Power: The Controller can grant registration to designs that meet the criteria set out in the
Designs Act.
o Duty: To maintain the Design Register and issue certificates of registration.
Opposition to Registration
o Power: The Controller has the authority to hear and decide on opposition proceedings where
a third party contests the registration of a design.
o Duty: To ensure that the rights of the parties involved are fairly considered.
Revocation of Design Registration
o Power: The Controller can revoke a design registration if it is found to have been granted
incorrectly or if it does not meet the statutory requirements.
o Duty: To ensure that invalid or non-compliant registrations are removed from the Design
Register.
Infringement and Enforcement
o Power: The Controller has the authority to investigate complaints of design infringement and
take necessary actions to enforce design rights.
o Duty: To ensure that registered designs are not infringed upon and to assist in the resolution
of disputes related to design infringement.
Advisory Role
o Power: The Controller may provide guidance and recommendations to the government on
matters related to design protection and policy.
 o Duty: To contribute to the formulation and improvement of design-related regulations and
practices.
Explanation
The Controller’s powers and duties are crucial for maintaining the integrity of design protection under the
Designs Act, 2000. The Controller ensures that only genuine and deserving designs are registered and
protected, thus fostering innovation and creativity. The Controller’s role also includes safeguarding the
interests of design owners and ensuring that the public has access to a fair and transparent process for
design registration and protection.
2. Explain the salient features of designs act 1911.

Salient Features of the Designs Act, 1911 Salient features of design act 2000.
Definition and Scope - The Act defined a design as Design refers to the features of shape, configuration,
"the features of shape, configuration, pattern, pattern, ornament, or composition of lines or colors
ornament or composition of lines or colors applied to applied to any article of manufacture. These features
any article. It covered designs that were new and must be new and original and can include the visual
original and applied to any article of manufacture. appearance of a product or its parts. The Designs
Act, 2000 provides a comprehensive framework for
the protection of industrial designs in India. It
replaced the earlier Designs Act, 1911, and
introduced several significant changes to better align
with international standards.
Scope: It covers designs that are new and original
and are applied to articles of manufacture. It
excludes purely functional aspects.

Registration of Designs – Registration of Designs

 Eligibility: The Act provided for the  Eligibility: Designs that are new or original
registration of designs that were new and and have not been published or disclosed to
original. the public prior to the date of application are
 Applicaion Process: It outlined the procedure eligible for registration.
for applying for design registration, including  Application Process: The Act provides a clear
the submission of design representations and procedure for applying for design
descriptions. registration, including submission of design
representations, descriptions, and the
required fees.

Duration of Protection - Initial Duration: The Act Duration of Protection: Initial Duration: The Act
provided protection for a design for a period of 10 provides protection for a period of 10 years from the
years from the date of registration. Extension: The date of registration. Extension: The protection can
protection could be extended for an additional 5 be extended for an additional 5 years, making a total
years, making a total of 15 years. of 15 years.

Examination and Registration - The Act empowered Examination and Registration: The Act empowers
the Controller of Designs to examine applications to the Controller of Designs to examine applications to
ensure compliance with the Act’s requirements. ensure they meet the criteria of novelty and
Upon successful examination, the design was originality. Upon successful examination, the design
registered, and a certificate of registration was is registered, and a certificate of registration is
issued. issued.

Rights Conferred - Exclusive Rights: The registration Rights Conferred

conferred exclusive rights to the registered  Exclusive Rights: The registration grants the
proprietor to use the design and to prevent others proprietor exclusive rights to use the design
from copying or imitating the design without and to prevent others from using or copying
 permission. Protection Against Infringement: The the design without permission.
Act provided remedies for infringement, including  Protection Against Infringement: The Act
legal actions for unauthorized use. provides remedies for infringement, including
legal actions for unauthorized use.

Infringement and Remedies - The Act defined Infringement and Remedies: The Act defines
infringement as unauthorized use or imitation of a infringement as unauthorized use, copying, or
registered design. Legal Remedies: It provided for imitation of a registered design. Remedies include
legal remedies, including injunctions and damages injunctions to prevent further infringement and
for the infringement of design rights. claims for damages or accounts of profits.
Invalidity and Cancellation - Grounds for Invalidity: Invalidity and Cancellation: Grounds for Invalidity:
The Act allowed for the cancellation of a design The Act allows for the cancellation of a design
registration if it was found to be invalid due to lack of registration if it is found to be invalid due to lack of
novelty or originality. Procedure: There was a novelty, originality, or if it falls under excluded
procedure for challenging the validity of a registered categories. Procedure: There is a procedure for
design. challenging the validity of a registered design.

Public Disclosure and Novelty- Novelty Public Disclosure and Novelty- Novelty
Requirement: A design had to be new and not Requirement: A design had to be new and not
previously disclosed to the public. Public Disclosure: previously disclosed to the public. Public Disclosure:
The Act required that the design be new and not The Act required that the design be new and not
disclosed publicly before the application date. disclosed publicly before the application date.
Exclusions - Non-registrable Designs: The Act Exclusions: Non-registrable Designs: Designs that
excluded certain designs from registration, including are purely utilitarian or that do not contribute to the
those that were purely utilitarian or not applied to aesthetic appearance of an article are not
an article of manufacture. registrable.
Design Registry - Design Register: The Act mandated Design Registry: The Act mandates the maintenance
the maintenance of a Design Register where all of a Design Register where all registered designs are
registered designs were recorded. recorded and published.
Assignments and Licensing Assignment and Licensing
 Assignments: The Act allowed for the  Assignments: The Act allows for the
assignment of design rights and provided for assignment of design rights and provides a
the procedure to record such assignments. procedure for recording such assignments.
 Licensing: It permitted licensing of design  Licensing: It permits licensing of design rights
rights to third parties. to third parties, with proper recording of such
licenses.

International Alignment
 International Conventions: The Act aligns
with international treaties and conventions
on design protection, including the Paris
Convention for the Protection of Industrial
Property.

Salient Features of the Designs Act, 2000

 Design should be novel and original
 Publication should be done prior
 Morality
 Specific design
 Registration
 Piracy of registered design
 Power of controller
  Appeal to high court
4. Explain the procedure for registration of design under the design act 2000. *"
The Designs Act, 2000 outlines a clear procedure for the registration of designs to protect their unique visual
appearance. Below is a detailed explanation of the procedure:
1. Preparation of Application - Design Creation, Design Representation
2. Filing of Application - Application Form, Details Required, Fee Payment
3. Examination of Application – Submission, Formal Examination, Substantive Examination, Novelty
Check, Distinctiveness
4. Publication - Pre-grant Publication, Objections
5. Grant of Registration - Post-Examination, Certificate of Registration
6. Maintenance and Renewal – Renewal, Recording Assignments
7. Legal Protection and Enforcement
1. Preparation of Application
 Design Creation: Ensure that the design is new, original, and not previously disclosed to the public.
The design should be applied to an article of manufacture.
 Design Representation: Prepare clear and complete representations of the design. This includes
drawings, photographs, or other visual representations that fully depict the design from different
angles.
2. Filing of Application
 Application Form: Complete the application form (Form-1) for design registration, available from the
Controller of Designs or the official website of the Office of the Controller General of Patents,
Designs, and Trademarks.
 Details Required: The application must include:
o The name and address of the applicant.
o A brief description of the design.
o The class of the design as per the international classification system.
o Representation of the design.
o Any disclaimers or statements if applicable.
 Fee Payment: Pay the requisite fee for registration. The fee amount varies depending on the number
of designs and whether the applicant is an individual or a corporate entity.
3. Examination of Application
 Submission: Submit the completed application along with the required representations and fee to
the Design Office.
 Formal Examination: The Design Office conducts a formal examination to ensure that the application
is complete and complies with legal requirements.
 Substantive Examination: The substantive examination includes:
o Novelty Check: The examiner assesses whether the design is new and original. This involves
checking prior art and existing designs.
o Distinctiveness: The design must not be identical or substantially similar to any existing
registered designs.
4. Publication
 Pre-grant Publication: If the application meets all requirements, it is published in the Official Gazette
of the Design Office. This publication is intended to inform the public and invite any objections to the
design registration.
 Objections: During the publication period, any person may file an opposition to the registration of
the design on the grounds that it does not fulfill the criteria of novelty or originality.
5. Grant of Registration
 Post-Examination: If no objections are raised, or if any objections are resolved, the design is granted
registration.
 Certificate of Registration: A Certificate of Registration is issued, which provides the registered
owner with exclusive rights to the design for a period of 10 years, extendable for an additional 5
years.
6. Maintenance and Renewal
 Renewal: To maintain protection, the design registration must be renewed before the end of the
initial 10-year period. The renewal extends protection for an additional 5 years.
 Recording Assignments: Any assignment or licensing of the design rights should be recorded with the
Design Office to ensure legal recognition.
7. Legal Protection and Enforcement
 Exclusive Rights: Once registered, the design owner has exclusive rights to use, license, and prevent
unauthorized use of the design.
 Enforcement: The design owner can take legal action against infringers to protect their rights,
including seeking injunctions and damages.
5. What are the basic requirements for the registration of design? Explain. *
The registration of a design under the Designs Act, 2000 requires compliance with several key criteria to
ensure that the design is eligible for protection. Here is a detailed explanation of the basic requirements:
1. Novelty and Originality
2. Application Form and Documentation
3. Design Characteristics
4. Non-Functionality
5. Exclusivity
6. Publication
7. Submission and Fees
8. Compliance with Legal Requirements
1. Novelty and Originality
 Novelty: The design must be new and not previously disclosed to the public before the filing date of
the application. This means that the design should not be identical or substantially similar to any
design that is already in the public domain.
 Originality: The design must originate from the designer and should not be a copy or imitation of an
existing design. Originality ensures that the design is the result of the creator's own skill and effort.
2. Application Form and Documentation
  Application Form: Complete and submit the application form (Form-1) prescribed by the Designs Act,
2000. This form requires detailed information about the design and the applicant.
 Design Representation: Provide clear and accurate representations of the design, which can include
drawings, photographs, or other visual representations. These representations should show the
design from various angles to fully depict its appearance.
3. Design Characteristics
 Applied to Articles: The design must be applied to an article of manufacture. It should be capable of
being reproduced by an industrial process and should be applied to an article that is produced in a
commercial context.
 Visual Appeal: The design must be concerned with the visual appearance of the article and not its
technical or functional aspects. The aesthetic aspect of the design should be the focus.
4. Non-Functionality
 Non-Functional: The design should not be dictated solely by the function of the article. Functional
features that are essential for the article's use or operation are not eligible for design protection. The
protection is granted based on the ornamental or aesthetic aspects of the design.
5. Exclusivity
 Original Creation: The design should be an original creation of the designer and not a mere
reproduction of an existing design. It should be unique and not previously published or used.
6. Submission and Fees
 Filing Fees: Pay the requisite filing fees as per the Design Act, 2000. The fee amount may vary based
on the number of designs and whether the applicant is an individual or a corporate entity.
 Documentation: Submit the application along with the required representations, details, and
payment confirmation to the Design Office.
7. Compliance with Legal Requirements
 Legal Criteria: Ensure that the design complies with all legal requirements under the Designs Act,
2000. This includes adherence to the prescribed form, accurate representation, and timely
submission of the application.
6. Explain the concept of copyright in registered design.
The concept of copyright in the context of registered designs involves understanding how intellectual
property rights overlap between copyright and design protection.
1. Safeguarding the owner
2. Legal protection
3. Enhancing the brand value
4. Global reach
5. Copyright as an asset
6. Owner visibility
7. Economic stability
8. Visual Elements: Both copyright and registered design can protect visual elements of a design.
9. Complementary Protection: Copyright can provide initial protection while the registration process
is ongoing.
10. Enhanced Protection: Registered design can offer more robust protection for the appearance of a
product.
Definition and Scope of Copyright in Registered Designs
 Copyright Overview: Copyright is a legal right that grants the creator of original works exclusive
rights to use, reproduce, and distribute their work. It applies to a range of creative works including
literary, artistic, musical, and dramatic works.
 Registered Design: A registered design refers to the protection given to the visual appearance of a
product. This includes its shape, configuration, pattern, or ornamentation that is new and original.
The protection is granted under design laws and typically does not extend to the functionality of the
product.
Copyright and Registered Design: A Complementary Relationship
While copyright and registered designs are distinct forms of intellectual property protection, they often
intersect in the realm of design. A registered design protects the visual appearance of a product, while
copyright protects the original expression of an idea.
Here's a breakdown of how copyright and registered design interact:
1. Copyright Protection:
o Automatic Protection: Copyright protection arises automatically upon creation of an original
work, including designs.
o Scope: Copyright protects the expression of the design, such as the arrangement of elements,
colors, and textures.
o Limitations: Copyright protection does not extend to the underlying idea or concept of the
design.
2. Registered Design Protection:
o Voluntary Registration: Registered design protection is obtained through a formal application
and examination process.
o Scope: Registered design protects the appearance of the product, including its overall shape,
configuration, or ornamentation.
o Advantages: Registered design provides stronger legal protection and remedies, such as
injunctions and damages.
Key Differences:

Feature Copyright Registered Design

Protection Automatic Voluntary

Scope Expression of the idea Appearance of the product

Remedies Limited Stronger (injunctions, damages)

Limitations and Exceptions **********

Copyright does not protect functional aspects of designs, and design registration does not cover artistic
works unless they are also registered under copyright. Therefore, each form of protection covers different
aspects of a design.
 Exceptions: Certain uses, such as fair use or copying for educational purposes, may be permitted
under copyright law. Design registration, however, typically does not have similar exceptions and
focuses on protecting the design’s commercial use.
6 marks
1. What are the legal remedies available for infringement of a registered design
Legal Remedies for Infringement of a Registered Design
Infringement of a registered design involves unauthorized use or imitation of a design that has been legally
registered and protected. The legal remedies available for addressing such infringement include various
actions that can be taken to seek justice and enforce rights. Here’s a detailed explanation of these remedies:
1. One who infringe shall Pay 25 thousand for every breach
2. Total amount shall sum up to 50,000
3. Owner of registered design vested with certain rights it can call for Recovery of damages
4. Section 55 of copyright provides scope for civil remedies. It seeks remedies, claims, file suits for
injunction against anyone
5. Claimant enjoys the entitlement along with profits - Accounts profit
6. Criminal remedies the seeker shall be punished with 6 months imprisonment and can extent to 3
years and 50,000 to 3 lakhs fine
Injunctions: An injunction is a court order that requires the infringer to stop the infringing activity. Types:
o Temporary Injunction: Issued to prevent further infringement during the legal proceedings.
o Permanent Injunction: Granted as a final order after the court has determined that
infringement has occurred. To immediately cease the use or sale of infringing products and
prevent ongoing harm to the design owner’s rights.
Damages : Compensation for losses suffered due to the infringement. Types:
o Actual Damages: Reflecting the actual loss incurred by the design owner due to the
infringement.
o Consequential Damages: For additional losses resulting from the infringement, such as lost
sales or damage to reputation.
o Statutory Damages: In some jurisdictions, a fixed amount of damages set by law, regardless
of actual harm, may be awarded. To provide financial compensation for the economic harm
caused by the infringement.
Account of Profits: A remedy where the infringer is required to account for and pay the profits made from
the infringing activity. To prevent the infringer from benefiting from the unauthorized use of the design and
to provide restitution to the design owner.
Destruction of Infringing Goods: An order directing the infringer to destroy or dispose of the infringing
products. To prevent the further sale or distribution of products that infringe on the registered design,
thereby eliminating the source of harm.
Delivery Up: A court order requiring the infringer to surrender all infringing products, materials, or
documents related to the infringement. To ensure that all infringing goods are handed over to the design
owner or destroyed, reducing the risk of continued infringement.
Criminal Prosecution: Legal action taken by the state against the infringer for criminal violation of design
rights. Generally applies in cases of willful infringement and where criminal penalties are provided by law. To
penalize the infringer under criminal law and deter future violations.
Legal Costs and Attorney’s Fees: Compensation for the legal costs incurred in enforcing the design rights. To
reimburse the design owner for the expenses of litigation, including attorney’s fees and court costs.
2. Infringement of copyright and design.
Infringement of Copyright and Design
Infringement of both copyright and design rights involves unauthorized use or imitation of protected works
or designs. Each type of intellectual property has its own set of rules and remedies for infringement. Here’s a
detailed look at the key aspects of infringement for both copyright and design, including the differences and
legal remedies available.
Infringement of Copyright
Definition
Infringement of copyright occurs when a person or entity reproduces, distributes, performs, publicly
displays, or creates derivative works based on a copyrighted work without permission from the copyright
owner.
Common Forms of Infringement
 Reproduction: Copying or reproducing the copyrighted work in any form.
 Distribution: Selling or distributing unauthorized copies of the copyrighted work.
 Performance: Performing the copyrighted work publicly without authorization.
 Public Display: Displaying the copyrighted work publicly without permission.
 Derivative Works: Creating new works based on the copyrighted work without permission.
Legal Remedies
 Injunction: A court order to stop further infringement.
 Damages: Compensation for actual losses or statutory damages.
 Account of Profits: Requiring the infringer to account for and pay any profits made from the
infringement.
 Destruction of Infringing Copies: Ordering the destruction of unauthorized copies.
 Legal Costs: Reimbursement of legal costs and attorney’s fees.
 Criminal Prosecution: In some jurisdictions, criminal penalties may apply for willful infringement.
**4. Landmark Cases
 R.G. Anand v. Delux Films: Established principles regarding the infringement of copyright in dramatic
works.
 Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association: Affirmed the
need for licensing for public performances of copyrighted music.
Infringement of Design Rights
Infringement of design rights occurs when a person or entity uses, copies, or imitates a registered design
without the permission of the design owner. Design rights protect the visual appearance of a product.
Common Forms of Infringement
 Copying: Producing an item that closely resembles the registered design.
 Imitation: Creating a design that is substantially similar to the registered design, leading to consumer
confusion.
 Use: Using a design in a manner that reproduces or displays the protected design without
authorization.
Legal Remedies
  Injunction: A court order to cease the infringing activity.
 Damages: Compensation for losses incurred due to the infringement.
 Account of Profits: Requiring the infringer to pay the profits gained from the infringement.
 Destruction of Infringing Products: Ordering the destruction of products that infringe on the design
rights.
 Delivery Up: Requiring the infringer to surrender all infringing goods and related materials.
 Legal Costs: Recovery of legal costs and attorney’s fees.
Key Differences Between Copyright and Design Infringement

Aspect Copyright Infringement Design Infringement

Protects the visual appearance of products,

Protects the expression of ideas, such as
Scope including shapes, patterns, and
literary, artistic, musical, and dramatic works.
ornamentation.

Typically lasts for the life of the author plus 60 Typically lasts for 10 years from the date of
Duration
years, or a fixed term for corporate works. registration, renewable for additional periods.

Requires originality and fixation of the work in a Requires registration of the design with a
Requirement
tangible form. design authority.

Includes injunctions, damages, account of Includes injunctions, damages, account of

Remedies profits, destruction of infringing copies, and profits, destruction of infringing products, and
criminal prosecution. delivery up.

4. Significance of design.
Significance of Design
Design plays a crucial role in various aspects of modern life, influencing everything from product aesthetics
to functionality, and contributing to economic growth and cultural development. Here’s a detailed
exploration of the significance of design:
1. Economic Impact - Enhancement of Marketability, Value Addition, Job Creation, Boost to Industries
2. Cultural and Aesthetic Value - Cultural Identity, Aesthetic Pleasure, Innovation and Creativity
3. Functional and Practical Benefits - Improved Usability, Problem Solving, Sustainability
4. Legal and Intellectual Property Protection - Protection of Innovation, Brand Identity, Legal Remedies
5. Societal Impact - Enhancing Quality of Life, Accessibility, Education and Awareness
1. Economic Impact
a. Enhancement of Marketability
Design enhances the appeal of products, making them more attractive to consumers. A well-designed
product can differentiate a company’s offerings in a competitive market, leading to increased sales and
market share.
b. Value Addition
Innovative and aesthetically pleasing designs add value to products, enabling companies to command higher
prices and achieve better profit margins. Design can transform a simple product into a premium offering.
c. Job Creation
The design industry creates numerous job opportunities across various sectors, including industrial design,
graphic design, fashion design, and interior design. This contributes to economic development and
innovation.
d. Boost to Industries
Design is integral to several industries, including manufacturing, fashion, technology, and consumer goods.
Effective design can lead to advancements in product functionality and usability, driving industry growth.
2. Cultural and Aesthetic Value
a. Cultural Identity
Design often reflects cultural values and traditions. It plays a significant role in preserving and promoting
cultural heritage through art, architecture, and traditional crafts.
b. Aesthetic Pleasure
Good design enhances the visual appeal of products, buildings, and environments. It contributes to the
overall beauty and functionality of everyday objects and spaces, enriching people's lives.
c. Innovation and Creativity
Design encourages innovation and creativity. Designers push boundaries to create new solutions, concepts,
and products that improve quality of life and drive technological advancements.
3. Functional and Practical Benefits
a. Improved Usability
Design improves the usability of products by focusing on user experience, ergonomics, and functionality.
Well-designed products are easier to use, safer, and more efficient.
b. Problem Solving
Design addresses practical problems and challenges, providing solutions that enhance functionality and
performance. For example, user-centered design in technology products leads to more intuitive interfaces
and better user experiences.
c. Sustainability
Design plays a role in promoting sustainability by focusing on eco-friendly materials, energy-efficient
processes, and sustainable practices. This helps reduce environmental impact and promotes responsible
consumption.
4. Legal and Intellectual Property Protection
a. Protection of Innovation
Design protection through intellectual property laws, such as design patents, safeguards creative works from
unauthorized copying and imitation. This incentivizes innovation and investment in design.
b. Brand Identity
Design contributes to brand identity and recognition. Unique and distinctive designs help establish and
protect brand image, contributing to long-term brand loyalty and market differentiation.
c. Legal Remedies
Design laws provide legal remedies for infringement, ensuring that designers and companies can enforce
their rights and seek compensation for unauthorized use of their designs.
5. Societal Impact
a. Enhancing Quality of Life
Design improves the quality of life by creating functional and aesthetically pleasing environments. It impacts
daily living spaces, public infrastructure, and consumer products, contributing to overall well-being.
b. Accessibility
Design addresses accessibility issues by creating products and environments that cater to people with
disabilities. Universal design principles ensure that products and spaces are usable by everyone.
c. Education and Awareness
Design education raises awareness about the importance of design in various fields, fostering a culture of
creativity and innovation. It prepares future designers to tackle emerging challenges and contribute to
societal development.
5. Rights of design owner.
Rights of a Design Owner
The rights of a design owner are protected under the Design Act, 2000, in India. These rights enable the
owner to control the use and exploitation of their registered design. Here is a detailed explanation of the
rights conferred to the owner of a registered design:
1. Exclusive Rights - Exclusive Use, Licensing and Assignment
2. Right to Prevent Infringement - Legal Action, Customs Protection
3. Right to Renewal - Renewal of Registration
4. Right to Protect Brand Identity - Brand Differentiation, Market Exclusivity
5. Right to Prevent Unauthorized Copies - Control Over Replicas, Quality Assurance
6. Right to Seek Injunction - Injunctions and Orders
1. Exclusive Rights
a. Exclusive Use
The design owner has the exclusive right to use the registered design. This includes manufacturing, selling,
importing, and distributing products incorporating the design. Unauthorized use by others constitutes
infringement.
b. Licensing and Assignment
The design owner can license others to use the design, providing terms and conditions for its use. The owner
can also assign the design rights to another party, transferring ownership.
2. Right to Prevent Infringement
a. Legal Action
The design owner can take legal action against anyone who infringes on their design rights. This includes
initiating civil proceedings to stop unauthorized use and seeking damages for any losses incurred.
b. Customs Protection
The owner can seek assistance from customs authorities to prevent the importation of goods that infringe
on their design rights. Customs can seize counterfeit goods at the border.
3. Right to Renewal
a. Renewal of Registration
The design registration is initially valid for ten years from the date of registration. The owner has the right to
renew the registration for an additional period of five years, maintaining their rights over the design.
4. Right to Protect Brand Identity
a. Brand Differentiation
A registered design helps in differentiating products in the market, contributing to brand identity and
reputation. The design owner has the right to protect their brand by preventing unauthorized imitation.
b. Market Exclusivity
By holding exclusive rights, the design owner can control the market presence of products incorporating
their design, ensuring that competitors do not unfairly benefit from their creative efforts.
5. Right to Prevent Unauthorized Copies
**a. Control Over Replicas
The design owner has the right to prevent the unauthorized copying or imitation of their design. This right
helps maintain the uniqueness and originality of their design in the marketplace.
**b. Quality Assurance
By controlling the use of their design, the owner ensures that products bearing their design maintain the
desired quality and standards, protecting their reputation and consumer trust.
6. Right to Seek Injunction
a. Injunctions and Orders
The design owner can seek an injunction from the court to prevent further infringement of their design
rights. This legal remedy can stop infringing activities and prevent further damage.
7. Right to Royalties
a. Royalty Income
If the design is licensed to others, the design owner is entitled to receive royalties as agreed upon in the
licensing agreement. This provides a financial benefit from the design's commercial use.
7. Cancellation of design.
Cancellation of a design refers to the process of invalidating a registered design. This can occur if the design
is found to not meet the criteria required for registration or if there are other legal grounds for invalidation.
The Design Act, 2000, in India, provides a structured procedure and grounds for the cancellation of a
registered design.
1. Grounds for Cancellation
1. Lack of Novelty or Originality
2. Not Registerable Design
3. Fraudulent Registration
4. Violation of Provisions
5. Failure to Renew
a. Lack of Novelty or Originality
A design can be canceled if it is found to be not novel or original at the time of registration. If it is proven
that the design was already known or used prior to registration, it can be grounds for cancellation.
b. Not Registerable Design
If the design does not fall within the definition of a registrable design, it may be subject to cancellation. This
includes designs that are purely functional, lack aesthetic appeal, or are not new and original.
c. Fraudulent Registration
A design registered fraudulently or by misrepresenting facts may be canceled. This includes providing false
information or documentation during the registration process.
d. Violation of Provisions
If the design was registered in violation of any provisions of the Design Act, 2000, such as registering a design
that is not new or original or contravenes public morality or order, it may be canceled.
e. Failure to Renew
If the design owner fails to renew the registration within the stipulated time frame, the design may be
deemed canceled.
2. Procedure for Cancellation
1. Application for Cancellation
2. Examination of Application
3. Hearing
4. Order of Cancellation
5. Appeal
a. Application for Cancellation
Any person interested in challenging the validity of a registered design can file an application for cancellation
with the Controller of Designs. The application must be filed in the prescribed form and should include
grounds for cancellation.
b. Examination of Application
The Controller examines the application to determine whether it fulfills the requirements for cancellation.
This includes reviewing the grounds for cancellation and any evidence provided.
c. Hearing
The Controller may call for a hearing if necessary. Both the applicant for cancellation and the design owner
are given an opportunity to present their case and provide evidence.
d. Order of Cancellation
Based on the examination and hearing, the Controller may issue an order to cancel the design registration.
The order is communicated to the parties involved and is published in the official gazette.
**e. Appeal
The design owner or any interested party can appeal the cancellation decision to the Intellectual Property
Appellate Board (IPAB) if they are dissatisfied with the Controller's order.
3. Effects of Cancellation
1. Termination of Rights
2. Restoration of Design
3. Legal Consequences
a. Termination of Rights
Upon cancellation, the design registration is terminated, and the design owner loses all exclusive rights
associated with the design. The design then becomes part of the public domain.
b. Restoration of Design
In some cases, if the cancellation is overturned on appeal, the design may be restored to its original status,
and the owner may regain their rights.
c. Legal Consequences
The cancellation of a design may have legal consequences for the parties involved, including potential
financial implications if the design was commercially exploited before cancellation.
Unit 5
10 marks
1. Explain the salient features of Paris convention
Introduction
The Paris Convention for the Protection of Industrial Property, established in 1883, is a key international
agreement aimed at ensuring the protection of industrial property rights across member countries. This
Convention covers patents, trademarks, and industrial designs and serves as the foundational framework for
intellectual property protection on a global scale.
Salient Features
1. Objective and Purpose - Protection of Industrial Property: protection of patents, trademarks, and
industrial designs, facilitating cross-border recognition and enforcement of these rights.
2. National Treatment Principle - each member country must grant the same protection to foreign
nationals. Equal Treatment Non-Discrimination member countries
3. Right of Priority - 6 period (for patents) and a twelve-month period (for trademarks and industrial
designs)
4. Protection of Patents - Mandates that patents must be granted for inventions that are new. petent
protection, right to exclude others from making, using, or selling invention without permission. 20
years from the filing date.
5. Protection of Trademarks - Safeguards the rights of trademark owners. ensuring that trademarks are
protected against unauthorized use or infringement use in commerce. Marks and trade names
6. Protection of Industrial Designs - Protection is granted to designs that are new and original.
industrial designs varies by country but must be at least 10 years.
7. Administrative Provisions - central administrative body to oversee
8. Dispute Resolution
9. Unfair competition
10. Compulsory license of patents
11. Anti-Competition Measures - addresses issues of unfair competition, false indications, misleading
practices, and other acts that may harm competitors.
12. Geographical Indications - which are signs used on products that have a specific geographical origin
and possess qualities or reputation due to that origin.
13. International Cooperation - cooperation between member countries, including the establishment of
the International Bureau of the World Intellectual Property Organization (WIPO),
14. Amendments and Protocols -
1. Objective and Purpose
 Protection of Industrial Property: The primary objective of the Paris Convention is to provide
international protection for industrial property rights, ensuring that creators and businesses receive
fair treatment in member countries.
 Uniform Standards: It aims to establish uniform standards for the protection of patents, trademarks,
and industrial designs, facilitating cross-border recognition and enforcement of these rights.
2. National Treatment Principle
 Equal Treatment: The Convention mandates that member countries must treat nationals of other
member countries no less favorably than their own nationals regarding industrial property rights
(national treatment principle).
 Non-Discrimination: This principle ensures that foreign applicants receive the same legal protection
and benefits as domestic applicants.
3. Right of Priority
 Priority Period: The Convention provides for a right of priority, allowing an applicant who files for
protection in one member country to claim the same filing date in other member countries within a
specified period (e.g., 12 months for patents and 6 months for trademarks).
 Protection of Filing Date: This ensures that the filing date in the original country is recognized in
other member countries, safeguarding the applicant's rights against subsequent filings by others.
4. Patents
 Minimum Standards: The Convention sets minimum standards for patent protection, including the
right to exclude others from making, using, or selling an invention without permission.
 Patentability Criteria: Member countries are encouraged to grant patents for inventions that are
new, involve an inventive step, and are industrially applicable.
 Duration: The minimum term of patent protection is 20 years from the filing date.
5. Trademarks
 Minimum Protection: The Convention establishes minimum standards for trademark protection,
ensuring that trademarks are protected against unauthorized use or infringement.
 Registration and Use: Trademarks must be registered in accordance with national laws, and their
protection extends to their use in commerce.
6. Industrial Designs
 Protection Standards: The Convention provides for protection of industrial designs, which are the
aesthetic aspects of an article. Protection is granted to designs that are new and original.
 Duration: The term of protection for industrial designs varies by country but must be at least 10
years.
7. Anti-Competition Measures
 Unfair Competition: The Convention addresses issues of unfair competition by providing measures to
protect against false indications, misleading practices, and other acts that may harm competitors.
8. Geographical Indications
 Protection of Origin: Although not extensively covered in the original Convention, subsequent
amendments and related treaties have incorporated provisions for the protection of geographical
indications, which are signs used on products that have a specific geographical origin and possess
qualities or reputation due to that origin.
9. International Cooperation
 Administrative Provisions: The Convention establishes administrative provisions for cooperation
between member countries, including the establishment of the International Bureau of the World
Intellectual Property Organization (WIPO), which administers the Convention.
  Technical Assistance: The Convention promotes technical assistance and exchange of information
between member countries to enhance the implementation and enforcement of industrial property
rights.
10. Amendments and Protocols
 Revisions: The Paris Convention has been revised several times, with significant amendments made
during the Paris Act of 1971 and the Geneva Act of 1999, which updated and expanded its provisions
to address emerging issues and practices.
 Complementary Treaties: Various complementary treaties and agreements, such as the Patent
Cooperation Treaty (PCT) and the Madrid Protocol, work in conjunction with the Paris Convention to
enhance international protection.
2. Enumerate the objectives of convention on bio diversity
The Convention on Biological Diversity (CBD) is an international treaty aimed at conserving biological
diversity, promoting sustainable use of its components, and ensuring fair and equitable sharing of benefits
arising from genetic resources. Established in 1992 at the Earth Summit in Rio de Janeiro, the CBD has three
main objectives:
1. Conservation of Biological Diversity
2. Sustainable Use of Its Components
3. Fair and Equitable Sharing of Benefits Arising from Genetic Resources
4. Integration of Biodiversity into Other Sectors
5. Promoting Research and Education
6. Capacity Building
1. Conservation of Biological Diversity
o Objective: To protect and conserve the variety of life on Earth, including ecosystems, species,
and genetic diversity.
o Significance: Ensures that ecosystems and species are preserved for future generations,
maintaining ecological balance and resilience.
2. Sustainable Use of Its Components
o Objective: To use biological resources in a manner that does not lead to their long-term
decline, ensuring that ecosystems are not overexploited and that resources are used in a way
that supports long-term sustainability.
o Significance: Promotes practices and policies that balance human needs with the preservation
of natural resources, aiming to avoid depletion and degradation of ecosystems.
3. Fair and Equitable Sharing of Benefits Arising from Genetic Resources
o Objective: To ensure that benefits derived from genetic resources are shared fairly and
equitably among all stakeholders, including the countries of origin and local communities.
o Significance: Addresses the needs of countries and communities that provide genetic
resources, ensuring that they receive appropriate compensation and benefits from the
utilization of these resources.
4. Integration of Biodiversity into Other Sectors
o Objective: To integrate biodiversity considerations into other sectors such as agriculture,
forestry, fisheries, and urban planning.
 o Significance: Ensures that biodiversity is considered in all aspects of policy-making and
development to avoid negative impacts on ecosystems.
5. Promoting Research and Education
o Objective: To enhance scientific research and education related to biodiversity.
o Significance: Advances understanding of biodiversity and promotes public awareness and
participation in conservation efforts.
6. Capacity Building
o Objective: To support countries in building their capacity to implement the Convention and
manage biodiversity effectively.
o Significance: Strengthens the ability of countries to take action on biodiversity conservation
and sustainable use.
Salient Features of the Convention on Biological Diversity (CBD)
The Convention on Biological Diversity (CBD), adopted at the Earth Summit in Rio de Janeiro in 1992, is a
landmark international treaty designed to address the global challenges of biodiversity loss. Its salient
features include:
1. Three Main Objectives – CBD, Sustainable Use of Components, Fair and Equitable Sharing of
Benefits
2. Broad Definition of Biodiversity - CBD terms of genetic resources, species, and ecosystems,
3. National Biodiversity Strategies and Action Plans (NBSAPs) - allow countries to tailor their
strategies and actions
4. Access and Benefit-Sharing (ABS) - fair and equitable sharing of benefits arising from the use of
genetic resources, including through legal agreements and partnerships.
5. In-Situ and Ex-Situ Conservation - promotes the conservation of biodiversity within natural
habitats and ecosystems, including protected areas and conservation sites. Ex-Situ Conservation:
It also supports conservation efforts outside natural habitats, such as in botanical gardens, seed
banks, and gene banks.
6. Participation and Capacity Building - involvement of all stakeholders, including governments,
indigenous and local communities, NGOs, and the private sector.
7. Research and Monitoring - encourages scientific research
8. Financial Resources and Technology Transfer - transfer of technology and knowledge to support
the conservation and sustainable use of biodiversity.
9. Subsidiary Agreements - agreements such as the Cartagena Protocol on Biosafety and the Nagoya
Protocol
10. Conference of the Parties (COP) - Governing Body The COP is the main decision-making body of
the CBD,
National Biodiversity Strategies and Action Plans (NBSAPs)
 Requirement for Plans: Countries that are parties to the CBD are required to develop and implement
National Biodiversity Strategies and Action Plans (NBSAPs) to address their specific biodiversity
challenges.
 Flexibility and Customization: NBSAPs allow countries to tailor their strategies and actions based on
national priorities and circumstances.
Access and Benefit-Sharing (ABS)
 Access to Genetic Resources: The CBD establishes a framework for accessing genetic resources from
other countries in a manner that is mutually agreed upon.
  Benefit-Sharing Agreements: It emphasizes the need for fair and equitable sharing of benefits arising
from the use of genetic resources, including through legal agreements and partnerships.
In-Situ and Ex-Situ Conservation
 In-Situ Conservation: The CBD promotes the conservation of biodiversity within natural habitats and
ecosystems, including protected areas and conservation sites.
 Ex-Situ Conservation: It also supports conservation efforts outside natural habitats, such as in
botanical gardens, seed banks, and gene banks.
Participation and Capacity Building
 Inclusive Participation: The Convention encourages the involvement of all stakeholders, including
governments, indigenous and local communities, NGOs, and the private sector.
 Capacity Building: It emphasizes the need to build capacity in developing countries to implement
biodiversity conservation measures effectively.
Research and Monitoring
 Scientific Research: The CBD supports and encourages scientific research to enhance understanding
of biodiversity and inform conservation strategies.
 Monitoring and Reporting: Parties are required to monitor and report on the status of biodiversity
and the implementation of their NBSAPs.
Financial Resources and Technology Transfer
 Funding Mechanisms: The CBD promotes financial support and resource mobilization to assist
developing countries in implementing biodiversity conservation measures.
 Technology Transfer: It facilitates the transfer of technology and knowledge to support the
conservation and sustainable use of biodiversity.
Subsidiary Agreements
 Protocols and Agreements: The CBD has led to the development of subsidiary agreements such as
the Cartagena Protocol on Biosafety and the Nagoya Protocol on Access and Benefit-Sharing, which
address specific aspects of biodiversity conservation and use.
Conference of the Parties (COP)
 Governing Body: The COP is the main decision-making body of the CBD, consisting of representatives
from all parties. It meets regularly to review progress, adopt decisions, and guide the implementation
of the Convention.
4. Explain the provisions of Berne convention. *****
The Berne Convention, established in 1886 and continuously updated, is a foundational international treaty
that governs the protection of literary and artistic works. Its key provisions are summarized below:
1. Aims to ensure that authors and creators of literary and artistic works receive protection for their works
in other member countries, ensuring that their rights are respected internationally.
2. Automatic Protection - As soon as a work is created and fixed in a tangible form, it is protected.
3. Duration of Protection – min protection term of the life of the author plus 50 years, extended by national
laws.
4. Rights of Authors - exclusive right to reproduce, distribute, and publicly perform or display their works
5. Rights of Translation and Adaptation - exclusive right to authorize translations of their works into other
languages. exclusive right to authorize adaptations, such as dramatizations or cinematographic
adaptations of their works.
6. Copyright Exceptions - such as fair use for criticism, review, news reporting, teaching, and research,
provided these do not conflict with the normal exploitation of the work.
7. Protection of Foreign Works - Works protected in one member country must be recognized and
protected in all other member countries without additional formalities.
8. Implementation and Enforcement - dispute Resolution between member countries regarding the
interpretation and application of its provisions.
9. Special Provisions for Developing Countries - transitional provisions to assist them in implementing the
Convention’s requirements gradually.
10. Amendments and Protocols – conventions has been revised several times, with significant
amendments made during the Paris Act (1971), which introduced provisions on moral rights and
extended the term of protection.
Objective and Purpose
 Protection of Works: The Berne Convention aims to ensure that authors and creators of literary and
artistic works receive protection for their works in other member countries, ensuring that their rights
are respected internationally.
 Minimum Standards: It sets minimum standards for copyright protection that member countries
must adhere to, while allowing for additional protection under national laws.
Automatic Protection
 No Formalities Required: Protection under the Berne Convention is automatic and does not require
formal registration or other formalities. As soon as a work is created and fixed in a tangible form, it is
protected.
 Non-Discrimination: Authors and creators are protected without discrimination based on their
nationality or the place of publication.
Duration of Protection
 Minimum Term: The Convention mandates a minimum protection term of the life of the author plus
50 years. This term can be extended by national laws.
 Posthumous Works: For works where the author is unknown, the protection lasts for 50 years from
the date of publication or creation.
Rights of Authors
 Economic Rights: Authors have the exclusive right to reproduce, distribute, and publicly perform or
display their works. This includes the right to authorize or prohibit these activities.
 Moral Rights: The Convention recognizes moral rights, including the right to attribution (right to be
identified as the author) and the right to integrity (right to prevent alterations that may harm the
author's reputation).
Rights of Translation and Adaptation
 Translation Rights: Authors have the exclusive right to authorize translations of their works into
other languages.
 Adaptation Rights: Authors also have the exclusive right to authorize adaptations, such as
dramatizations or cinematographic adaptations of their works.
Copyright Exceptions
  Limited Exceptions: The Berne Convention allows member countries to provide limited exceptions to
copyright protection, such as fair use for criticism, review, news reporting, teaching, and research,
provided these do not conflict with the normal exploitation of the work.
Protection of Foreign Works
 National Treatment Principle: The Convention mandates that member countries must treat works
from other member countries as they would treat works of their own nationals (national treatment
principle).
 Reciprocal Recognition: Works protected in one member country must be recognized and protected
in all other member countries without additional formalities.
Implementation and Enforcement
 Minimum Standards: The Convention sets minimum standards for copyright protection that member
countries must adhere to, but does not dictate the specifics of enforcement mechanisms.
 Dispute Resolution: The Convention provides mechanisms for resolving disputes between member
countries regarding the interpretation and application of its provisions.
Special Provisions for Developing Countries
 Transitional Provisions: Developing countries may have some transitional provisions to assist them in
implementing the Convention’s requirements gradually.
Amendments and Protocols
 Paris Act and Other Revisions: The Berne Convention has been revised several times, with significant
amendments made during the Paris Act (1971), which introduced provisions on moral rights and
extended the term of protection.
 Additional Protocols: Various protocols and agreements, such as the WIPO Copyright Treaty (WCT)
and the WIPO Performances and Phonograms Treaty (WPPT), complement and update the
Convention’s provisions.
5. Explain the provisions relating to international protection of IPR under TRIPS agreement.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a comprehensive
international treaty administered by the World Trade Organization (WTO). It sets out minimum standards for
the protection and enforcement of intellectual property rights (IPR) globally, balancing the interests of
creators and users. The TRIPS Agreement, which came into force on January 1, 1995, covers various forms of
IPR including patents, trademarks, copyrights, geographical indications, industrial designs, and trade secrets.
1. Objective and Scope - harmonize intellectual property laws across member countries, agreement
including patents, trademarks, copyrights, geographical indications, industrial designs, and trade
secrets.
2. General Provisions and Principles - National Treatment (Article 3, Most-Favored-Nation Treatment
(Article 4
3. Patents (Part II, Section 1) - Certain inventions can be excluded from patentability, such as inventions
contrary to public order or morality (Article 27). Compulsory Licensing Article 31
4. Trademarks (Part II, Section 2) - TM must be protected indefinitely, provided that registration is
renewed periodically (Article 18).
5. Copyright and Related Rights (Part II, Section 1)- Copyright protection must last for at least 50 years
after the death of the author (Article 12).
6. Geographical Indications (Part II, Section 3) - That identify goods as originating from a specific region
with qualities or reputation due to that origin (Article 22).
7. Industrial Designs (Part II, Section 4)
 8. Protection Standards: TRIPS requires protection for industrial designs that are new and original.
Protection must be granted for at least 10 years (Article 25).
9. Trade Secrets (Part II, Section 7) - Confidentiality: Members must protect trade secrets against unfair
competition by ensuring that information with economic value and secrecy is not disclosed without
authorization (Article 39).
10. Enforcement of IPR (Part III) - Penalties: Effective and deterrent penalties must be imposed for IPR
violations (Article 45).
11. Dispute Resolution - WTO Dispute Settlement between member countries through the WTO’s dispute
settlement system.
12. Technical Assistance and Capacity Building - Support for Developing Countries
Importance of the TRIPS Agreement for the Development of Intellectual Property Rights
1. Global Harmonization of IP Standards
2. Enhanced Protection for IP Holders
3. Encouragement of Innovation and Creativity
4. Promotion of Technological Transfer and Knowledge Sharing
5. Resolution of IP Disputes
6. Encouragement of Economic Development
7. Balancing IP Protection
Protections Available to Geographical Indications under TRIPS
1. Growth of Community or Region
2. Economic Growth - Economic Value: The protection of GIs helps maintain the economic value of
products tied to specific geographical regions, supporting local economies and preserving traditional
production methods.
3. Legal Protection to Authorized Users
4. Increase Tourism
5. Rural Development Effects
6. Protection of Traditional Environment
7. Protection Against Misuse (Article 22):
8. Special Protection for Wines and Spirits (Article 23):
9. Enforcement and Remedies: Legal Remedies: Administrative Measures:
10. Flexibility in Implementation: National Legislation:
11. Consumer Protection:
12. Cultural Heritage: GI protection supports the preservation of cultural heritage and traditional
knowledge linked to specific regions, contributing to the cultural diversity and identity of
communities.
Objective and Scope
 Objective: TRIPS aims to harmonize intellectual property laws across member countries, ensuring
minimum standards of protection and enforcement to foster international trade and innovation.
 Scope: The Agreement covers a wide range of intellectual property rights, including patents,
trademarks, copyrights, geographical indications, industrial designs, and trade secrets.
2. General Provisions and Principles
  National Treatment (Article 3): Requires WTO members to grant foreign nationals the same
protection as their own citizens, ensuring that foreign IPR holders receive equal treatment.
 Most-Favored-Nation Treatment (Article 4): Mandates that any advantage, favor, privilege, or
immunity granted by one member country to the nationals of another must be extended to the
nationals of all other member countries.
3. Patents (Part II, Section 1)
 Minimum Standards: Members must provide patent protection for inventions that are new, involve
an inventive step, and are capable of industrial application. Patents should be granted for at least 20
years from the filing date (Article 27).
 Exclusions: Certain inventions can be excluded from patentability, such as inventions contrary to
public order or morality (Article 27).
 Compulsory Licensing (Article 31): Allows for the issuance of compulsory licenses under specific
conditions, such as public health crises, to ensure the availability of patented products.
4. Trademarks (Part II, Section 2)
 Protection Standards: Members must protect trademarks that are distinctive and not misleading,
and ensure that protection extends to service marks (Article 15).
 Duration: Trademarks must be protected indefinitely, provided that registration is renewed
periodically (Article 18).
5. Copyright and Related Rights (Part II, Section 1)
 Minimum Protection: TRIPS mandates protection for literary, artistic, and musical works, including
rights of reproduction, adaptation, and public performance (Article 9). It incorporates standards from
the Berne Convention.
 Term of Protection: Copyright protection must last for at least 50 years after the death of the author
(Article 12).
6. Geographical Indications (Part II, Section 3)
 Protection of Indications: Members must protect geographical indications that identify goods as
originating from a specific region with qualities or reputation due to that origin (Article 22). The TRIPS
Agreement includes provisions for the protection of wine and spirits with stronger protections
(Article 23).
7. Industrial Designs (Part II, Section 4)
 Protection Standards: TRIPS requires protection for industrial designs that are new and original.
Protection must be granted for at least 10 years (Article 25).
8. Trade Secrets (Part II, Section 7)
 Confidentiality: Members must protect trade secrets against unfair competition by ensuring that
information with economic value and secrecy is not disclosed without authorization (Article 39).
9. Enforcement of IPR (Part III)
 Procedural Standards: TRIPS requires members to provide effective enforcement mechanisms,
including civil and administrative procedures, to address IPR infringements (Articles 41-48).
 Border Measures: Members must implement measures to control the importation of counterfeit
goods (Article 51).
  Penalties: Effective and deterrent penalties must be imposed for IPR violations (Article 45).
10. Dispute Resolution
 WTO Dispute Settlement: The TRIPS Agreement provides a mechanism for resolving disputes
between member countries through the WTO’s dispute settlement system. This ensures that trade-
related IP issues can be addressed and resolved at an international level (Article 64).
11. Technical Assistance and Capacity Building
 Support for Developing Countries: The Agreement includes provisions for technical assistance and
capacity building to help developing and least-developed countries implement and enforce TRIPS
standards (Article 66 and 67).
7. Explain the importance of TRIPS agreement for the development of intellectual property rights
Importance of the TRIPS Agreement for the Development of Intellectual Property Rights
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a foundational
international treaty that significantly impacts the development and enforcement of intellectual property
rights (IPR) worldwide. Implemented on January 1, 1995, as part of the World Trade Organization (WTO)
framework, the TRIPS Agreement addresses various aspects of IP protection and enforcement. Its
importance can be understood through several key points:
1. Global Harmonization of IP Standards
2. Enhanced Protection for IP Holders
3. Encouragement of Innovation and Creativity
4. Promotion of Technological Transfer and Knowledge Sharing
5. Resolution of IP Disputes
6. Encouragement of Economic Development
7. Balancing IP Protection
1. Global Harmonization of IP Standards
 Uniform Standards: The TRIPS Agreement establishes minimum standards for the protection and
enforcement of intellectual property rights across its member countries. This uniformity helps in
reducing disparities in IP laws between nations, creating a more predictable and stable global IP
environment.
 Facilitation of Trade: By harmonizing IP laws, TRIPS facilitates international trade and investment.
Businesses and investors can operate with greater certainty, knowing that their IP rights will be
recognized and enforced in other TRIPS member countries.
2. Enhanced Protection for IP Holders
 Minimum Protection Levels: TRIPS mandates minimum protection levels for various forms of
intellectual property, including patents, trademarks, copyrights, industrial designs, and trade secrets.
This enhanced protection ensures that IP holders have a secure legal framework to safeguard their
creations and innovations.
 Stronger Enforcement Mechanisms: The Agreement requires member countries to provide effective
enforcement mechanisms, including civil and administrative procedures, border measures, and
penalties for IP infringements. This strengthens the ability of IP holders to address and resolve
violations.
3. Encouragement of Innovation and Creativity
 Incentive for Innovation: By ensuring robust protection for IP rights, TRIPS incentivizes innovation
and creativity. Inventors, authors, and creators are more likely to invest time and resources in
 developing new technologies, works of art, and other intellectual assets when they know their rights
are protected.
 Support for Research and Development: The assurance of IP protection encourages investment in
research and development (R&D) activities. Organizations and individuals are more willing to
undertake innovative projects with the knowledge that their IP will be safeguarded.
4. Promotion of Technological Transfer and Knowledge Sharing
 Access to Technology: TRIPS includes provisions for promoting technological transfer to developing
countries. This helps to bridge the technological gap between developed and developing nations,
fostering global collaboration and knowledge sharing.
 Capacity Building: The Agreement provides for technical assistance and capacity building for
developing and least-developed countries. This support helps these countries build the infrastructure
and expertise needed to implement and enforce IP laws effectively.
5. Resolution of IP Disputes
 WTO Dispute Settlement: TRIPS integrates with the WTO’s dispute settlement mechanism, providing
a formal process for resolving disputes between member countries over IP issues. This ensures that
conflicts are addressed in a fair and orderly manner, promoting stability in international trade
relations.
 Legal Recourse: The dispute resolution provisions offer IP holders a means to seek redress if their
rights are infringed upon or if they face unfair treatment in international markets.
6. Encouragement of Economic Development
 Economic Growth: Strong IP protection under TRIPS supports economic development by fostering
innovation and attracting investment. Industries reliant on IP, such as pharmaceuticals, technology,
and entertainment, contribute significantly to economic growth and job creation.
 Improved Market Access: Enhanced IP protection facilitates market access for businesses and
creators by ensuring that their products and services are protected against counterfeiting and piracy
in international markets.
7. Balancing IP Protection with Public Interests
 Flexibilities: TRIPS incorporates certain flexibilities to balance IP protection with public interests. For
example, the Agreement allows for compulsory licensing of patents in cases of public health
emergencies, ensuring that essential medicines are accessible to those in need.
 Exceptions and Limitations: The Agreement permits exceptions and limitations to IP rights, such as
fair use in copyright law, to accommodate legitimate public interests and promote a balance
between private and public rights.
What are the Protections Available to Geographical Indicators under TRIPS
Protections Available to Geographical Indications under TRIPS
Introduction: Geographical Indications (GIs) are signs used on goods that have a specific geographical origin
and possess qualities, reputation, or characteristics inherent to that location. The Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS) provides a framework for the protection of GIs,
recognizing their importance in international trade and local economies.
Definition and Scope (Article 22):
TRIPS defines GIs as indications which identify a product as originating in a particular territory where a given
quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin.
The agreement requires member states to provide legal means to prevent the use of GIs that mislead
consumers or constitute unfair competition. This includes preventing the use of GIs on products that do not
originate from the indicated geographical area or do not possess the characteristics attributed to that origin.
Features of TRIP
13. Growth of Community or Region
14. Economic Growth - Economic Value: The protection of GIs helps maintain the economic value of
products tied to specific geographical regions, supporting local economies and preserving traditional
production methods.
15. Legal Protection to Authorized Users
16. Increase Tourism
17. Rural Development Effects
18. Protection of Traditional Environment
19. Protection Against Misuse (Article 22):
o Prevention of Misleading Use: TRIPS obligates members to protect GIs from being used in a
way that misleads the public as to the true origin of the goods. This ensures that only
products genuinely originating from the specified area can use the GI.
o Prevention of Similar Indications: The agreement also prevents the use of indications that are
similar to an existing GI if such use would mislead consumers. This includes protecting the GI
from being imitated or used in a manner that could cause confusion.
20. Special Protection for Wines and Spirits (Article 23):
o Enhanced Protection: For wines and spirits, TRIPS provides enhanced protection. Member
states are required to prevent the use of any GI that is identical or similar to an existing GI for
wines or spirits, regardless of whether the goods come from a different geographical location.
This special protection is designed to uphold the reputation of famous GIs and prevent their
misuse.
21. Enforcement and Remedies:
o Legal Remedies: TRIPS mandates that member countries provide effective legal remedies for
the protection of GIs. This includes mechanisms to address infringements, enforce rights, and
resolve disputes related to GIs.
o Administrative Measures: The agreement encourages the establishment of administrative
procedures for the registration and protection of GIs, ensuring that there are clear processes
for handling claims and disputes.
22. Flexibility in Implementation:
o National Legislation: While TRIPS sets out minimum standards for GI protection, member
states have flexibility in how they implement these standards. Countries can adopt their own
legislative measures to suit their national contexts and legal traditions while adhering to the
principles outlined in TRIPS.
23. Consumer Protection: By preventing misleading use of GIs, TRIPS helps ensure that consumers can
make informed choices and receive products that meet the quality and characteristics associated
with their geographical origin.
 24. Cultural Heritage: GI protection supports the preservation of cultural heritage and traditional
knowledge linked to specific regions, contributing to the cultural diversity and identity of
communities.
8. Elucidate Nature, Scope and Objectives of Conventional Biodiversity.
Conventional biodiversity, often referred to as biological diversity, encompasses the variety of life forms on
Earth, including the diversity within species, between species, and of ecosystems. It plays a crucial role in
sustaining ecosystems and human well-being. Here’s an in-depth elucidation of its nature, scope, and
objectives:
1. Nature of Conventional Biodiversity
 Definition and Components: Biodiversity refers to the variety of life forms, including plants, animals,
fungi, microorganisms, and their genetic diversity, as well as the ecosystems they form. It can be
categorized into three levels:
o Genetic Diversity: Variation in genes within a species.
o Species Diversity: The variety of species within a particular region or ecosystem.
o Ecosystem Diversity: The variety of ecosystems in a given area and the interactions between
organisms and their environments.
 Dynamic and Interconnected: Biodiversity is dynamic and continuously evolving. It involves complex
interactions among organisms and their environments, contributing to ecological balance and
resilience.
 Intrinsic and Utilitarian Value: Biodiversity has intrinsic value, meaning it is valuable in its own right,
and utilitarian value, as it provides numerous benefits to humanity, including resources for food,
medicine, and ecosystem services.
2. Scope of Conventional Biodiversity
 Global to Local: Biodiversity spans from global levels, encompassing all life forms across the planet,
to local levels, focusing on specific species and ecosystems within a particular area.
 Ecological Interactions: The scope includes the interactions among various organisms and their
environments, such as predator-prey relationships, competition, symbiosis, and nutrient cycling.
 Cultural and Economic Aspects: Biodiversity also has cultural and economic dimensions, influencing
traditions, livelihoods, and economies, particularly in relation to agriculture, forestry, fisheries, and
tourism.
 Conservation and Management: The scope encompasses efforts to conserve and manage
biodiversity through various approaches, including protected areas, sustainable practices, and
restoration projects.
3. Objectives of Conventional Biodiversity
 Conservation of Species: One of the primary objectives is to conserve the various species of plants,
animals, and microorganisms, ensuring their survival and preventing extinction. This includes
protecting endangered species and their habitats.
 Ecosystem Preservation: Protecting and maintaining diverse ecosystems, such as forests, wetlands,
grasslands, and marine environments, is crucial for sustaining ecological processes and functions.
 Sustainable Use of Resources: Biodiversity aims to promote the sustainable use of biological
resources, ensuring that they are utilized in ways that do not deplete or degrade them, and that
future generations can also benefit from them.
  Enhancement of Ecosystem Services: Biodiversity supports ecosystem services such as pollination,
water purification, soil fertility, and climate regulation. The objective is to preserve these services
that are essential for human survival and well-being.
 Scientific Research and Knowledge: Biodiversity provides valuable opportunities for scientific
research and discovery. Understanding the diversity of life helps in developing new medicines,
improving agricultural practices, and addressing environmental challenges.
 Cultural and Aesthetic Values: Preserving biodiversity helps maintain cultural heritage and aesthetic
values, as many cultures have deep connections with their natural environments and biodiversity.
 Adaptation and Resilience: Biodiversity contributes to the resilience of ecosystems to environmental
changes and stresses, such as climate change, natural disasters, and human activities. The objective is
to enhance the ability of ecosystems to adapt and recover from disturbances.
9. Elucidate how Paris and Berne conventions have contributed for the international protection of IPRs
Contributions of Paris and Berne Conventions to International Protection of Intellectual Property Rights
(IPRs)
The Paris and Berne Conventions are foundational treaties in the realm of international intellectual property
law, contributing significantly to the protection and enforcement of intellectual property rights (IPRs) across
borders. Below is an elucidation of how these conventions have advanced international IPR protection:
1. Paris Convention for the Protection of Industrial Property (1883)
2. Berne Convention for the Protection of Literary and Artistic Works (1886)
1. Paris Convention for the Protection of Industrial Property (1883)
Background and Purpose:
 Established: The Paris Convention was adopted in 1883 and is one of the earliest international
treaties aimed at protecting industrial property rights.
 Scope: It covers patents, trademarks, industrial designs, and utility models.
Contributions to International IPR Protection:
 National Treatment Principle: Article 2 of the Paris Convention stipulates that each member country
must grant the same protection to nationals of other member countries as it does to its own
nationals. This principle ensures that foreign right holders receive treatment equal to domestic right
holders, reducing discrimination.
 Right of Priority: Article 4 grants applicants the right of priority. If an applicant files for protection in
one member country, they can subsequently file in other member countries within a specific period
(e.g., 12 months for patents) and retain the original filing date. This provision facilitates a streamlined
process for securing international protection.
 Protection Against Unfair Competition: The Convention addresses unfair competition practices, such
as false advertising, misleading indications, and other acts detrimental to honest trade practices. This
provision helps maintain fair competition and protect business interests across borders.
 Administrative Cooperation: The Convention fosters cooperation among member countries'
intellectual property offices, facilitating the exchange of information and promoting best practices in
IP management and enforcement.
2. Berne Convention for the Protection of Literary and Artistic Works (1886)
Background and Purpose:
  Established: The Berne Convention was adopted in 1886 to provide protection for literary and artistic
works, including books, music, paintings, and sculptures.
 Scope: It focuses on copyright protection and encompasses a wide range of creative works.
Contributions to International IPR Protection:
 Automatic Protection: The Berne Convention mandates that copyright protection is automatic,
meaning that protection is granted without the need for formal registration. This reduces barriers for
creators and ensures that their works are protected globally as soon as they are created.
 National Treatment Principle: Similar to the Paris Convention, the Berne Convention’s Article 5
requires member countries to extend the same protection to foreign authors as they do to their own
nationals. This principle ensures that authors from different countries receive equal protection for
their works in member states.
 Minimum Standards of Protection: The Convention sets minimum standards for copyright
protection, including the duration of protection (usually the life of the author plus 50 years), moral
rights (such as the right to attribution and integrity of the work), and exclusive economic rights (such
as reproduction, distribution, and public performance rights). These standards ensure a baseline level
of protection across member countries.
 Right of Translation and Adaptation: The Convention provides authors with the exclusive right to
authorize translations and adaptations of their works, thereby protecting their economic interests
and creative control over derivative works.
 Protection Against Unauthorized Use: The Berne Convention ensures protection against
unauthorized use of copyrighted works, including reproduction, distribution, public performance, and
display, thus safeguarding authors' economic rights and encouraging creative endeavors.
Impact and Synergies:
 Global IP Framework: Both conventions provide a framework for international cooperation and
standardization in intellectual property protection, creating a more predictable and secure
environment for creators and businesses operating across borders.
 Enforcement and Compliance: The conventions establish principles that guide the enforcement of
IPRs and foster compliance among member countries, thereby strengthening international IP law.
 Encouraging Creativity and Innovation: By providing robust protection for intellectual property, the
conventions incentivize creativity and innovation, facilitating the exchange of ideas and works across
international borders.
 Complementary Roles: While the Paris Convention addresses industrial property (patents,
trademarks, designs), the Berne Convention focuses on literary and artistic works. Together, they
offer comprehensive protection for different types of intellectual property, contributing to a holistic
approach to international IP protection.
10. Briefly discuss the difference between design and trademark.

Aspect Design Trademark

A design refers to the aesthetic or A trademark is a sign capable of distinguishing

Definition ornamental aspect of an article, including the goods or services of one enterprise from
its shape, pattern, and color. those of other enterprises.

To protect the visual appearance of a To protect brands, logos, and names used to
Purpose
product. identify goods or services.
Aspect Design Trademark

Protection is given to the visual design of a

Scope of Protection is given to symbols, names, and
product but does not cover the functional
Protection other distinctive signs used in commerce.
aspects.

Registration Registered under the Designs Act, 2000. Registered under the Trade Marks Act, 1999.

Typically 15 years (initial 10 years with a Indefinite, as long as it is renewed every 10

Duration
renewal for an additional 5 years). years.

Product shapes like a Coca-Cola bottle, Logos like the Nike Swoosh, brand names like
Examples
patterns on textiles. "Apple."

Legal
Designs Act, 2000. Trade Marks Act, 1999.
Framework

Exclusive right to use, sell, or license the Exclusive right to use the trademark in trade,
Rights
design; protection against unauthorized protection against infringement by similar
Conferred
copying marks.

Involves proving the unauthorized copying Involves proving the likelihood of confusion or
Enforcement
of the design. association with an existing trademark.

Application Focuses on the ornamental or aesthetic Focuses on distinguishing the source or origin of
Focus features of a product. goods or services.

6 marks
3. Dispute Settlement System of WTO.
Introduction:
The World Trade Organization (WTO) provides a structured mechanism for resolving disputes between
member countries regarding the interpretation and application of international trade agreements. The
Dispute Settlement System (DSS) of the WTO is crucial for maintaining the stability and predictability of the
global trading system.
Key Features of the WTO Dispute Settlement System:
Objective and Principles:
o Objective: The primary objective of the WTO Dispute Settlement System is to ensure that
trade disputes between member countries are resolved fairly, promptly, and effectively,
maintaining the integrity of WTO agreements.
o Principles: The system is based on principles of impartiality, transparency, and adherence to
the rule of law. It aims to resolve disputes through legal interpretation and application rather
than through political or economic coercion.
Dispute Settlement Mechanism: The WTO Dispute Settlement System consists of several key stages:
o Consultations (Stage 1):
 Initiation: A member country that believes its trade rights have been violated can
request consultations with the concerned party. This is the first step in the dispute
resolution process.
 Purpose: The aim is to reach a mutually agreed solution through discussions and
negotiations without proceeding to formal adjudication.
 o Panel Proceedings (Stage 2):
 Panel Request: If consultations fail, the complaining party can request the
establishment of a panel to examine the dispute.
 Composition: Panels are composed of three to five independent experts with legal and
trade knowledge.
 Function: The panel reviews the case, evaluates evidence, and provides a detailed
report with findings and recommendations.
o Appellate Review (Stage 3):
 Appeal: Either party can appeal the panel's decision to the WTO Appellate Body if they
believe there were legal errors in the panel’s findings.
 Composition: The Appellate Body consists of seven members who serve on a rotating
basis.
 Function: The Appellate Body reviews the legal aspects of the panel’s report and
issues a final ruling.
o Adoption and Implementation (Stage 4):
 Adoption: The Dispute Settlement Body (DSB) adopts the panel and Appellate Body
reports unless there is a consensus against adoption.
 Implementation: The losing party is required to bring its measures into compliance
with WTO rules. The implementation process is monitored by the DSB.
o Surveillance and Compliance (Stage 5):
 Monitoring: The DSB oversees the implementation of rulings and recommendations to
ensure compliance.
 Retaliation: If a member fails to comply within the agreed timeframe, the complainant
may seek authorization from the DSB to impose trade sanctions or retaliatory
measures.
o INTERIM REPORT
o ACCEPTACE OF REPORT BY DISPUTE SETTLE
o APPEAL
o PROCEDURE OF PANEL
o ESTABLISHMENT OF PANEL
Institutional and Legal Framework:
o Dispute Settlement Body (DSB): The DSB is the WTO's main decision-making body for dispute
resolution. It consists of representatives from all WTO member countries and oversees the
entire dispute settlement process.
o Secretariat Support: The WTO Secretariat provides technical and administrative support to
panels and the Appellate Body, including assistance in case management and legal research.
o Dispute Settlement Understanding (DSU): The DSU, a part of the WTO Agreement, outlines
the procedures and rules governing the dispute settlement process. It serves as the primary
legal framework for resolving trade disputes.
4. International Treaty and Plant Genetic Resources, 2001.
Introduction
The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), also known as the
International Seed Treaty, was adopted by the Food and Agriculture Organization (FAO) in 2001. This treaty
aims to ensure the conservation and sustainable use of plant genetic resources for food and agriculture, as
well as the fair and equitable sharing of benefits arising from their use.
Meaning and Definition
The ITPGRFA is a comprehensive international agreement that recognizes the importance of plant genetic
resources in achieving global food security. It provides a legal framework for the conservation and
sustainable use of plant genetic resources and facilitates their exchange and utilization.
Key Features
1. Conservation and Sustainable Use: The treaty emphasizes the importance of conserving plant
genetic resources in their natural habitats (in situ) and in gene banks (ex situ). It promotes
sustainable agricultural practices and the use of traditional knowledge.
2. Multilateral System of Access and Benefit-Sharing (MLS): The treaty establishes a multilateral
system to facilitate access to a specified list of plant genetic resources and ensure that benefits
derived from their use are shared equitably.
3. Farmers’ Rights: Recognizing the contributions of farmers in conserving and developing plant genetic
resources, the treaty supports farmers' rights, including the protection of traditional knowledge,
equitable sharing of benefits, and participation in decision-making processes.
4. Global Crop Diversity Trust: The treaty supports the Global Crop Diversity Trust, which aims to
ensure the long-term conservation of crop diversity.
Explanation
 Access to Plant Genetic Resources: Under the MLS, countries agree to share plant genetic resources
listed in Annex I of the treaty. These resources include 64 food and forage crops that are crucial for
food security. Access is provided under standardized terms set out in the Standard Material Transfer
Agreement (SMTA).
 Benefit-Sharing: Benefits arising from the use of plant genetic resources, such as monetary benefits,
technology transfer, and information exchange, are shared through mechanisms like the Global Crop
Diversity Trust and the Benefit-Sharing Fund. These benefits support conservation and sustainable
use projects.
 Farmers' Rights: The treaty acknowledges the role of farmers in maintaining and enhancing plant
genetic resources. It encourages the protection of traditional agricultural knowledge and practices,
and supports farmers' access to seeds and participation in relevant policy-making processes.
5. WTO-DOHA negotiation development.
Introduction
The Doha Development Round, also known as the Doha Development Agenda (DDA), is a trade negotiation
round of the World Trade Organization (WTO) which commenced in November 2001 in Doha, Qatar. The
round's primary focus is to achieve major reform of the international trading system through the
introduction of lower trade barriers and revised trade rules. The round is particularly significant for its
emphasis on improving the trading prospects of developing countries.
Meaning and Definition
The Doha Round is an ambitious effort by the WTO to enhance the global trading system, making it more
equitable and accessible, particularly for developing nations. The negotiations cover a wide range of topics,
including agriculture, services, market access, trade facilitation, and intellectual property rights.
Key Features
1. Agricultural Reforms: Aimed at reducing subsidies and tariffs that distort agricultural trade, making it
fairer for developing countries to compete in global markets. The Doha Round seeks to level the
playing field by reducing the agricultural subsidies that richer countries provide to their farmers,
which often undercut prices and make it difficult for farmers in developing countries to compete.
2. Market Access: Focus on reducing tariffs and non-tariff barriers on industrial goods and services,
facilitating smoother and more extensive trade flows. By lowering tariffs on industrial goods and
services, the Doha Round aims to increase global trade, providing new opportunities for businesses in
developing countries to access markets in developed countries.
3. Trade Facilitation: Simplifying customs procedures and reducing red tape to make it easier and less
costly to trade goods across borders. Simplifying customs procedures helps reduce the time and cost
associated with moving goods across borders, which is particularly beneficial for smaller and less-
developed economies that may lack the infrastructure to handle complex customs regulations.
 Development Agenda: Special provisions for developing countries, including greater market access
and technical assistance to build trade capacity. The round includes measures to help developing
countries integrate into the global trading system, such as technical assistance and capacity-building
programs to improve their ability to trade.
4. Intellectual Property Rights: Addressing issues related to the protection of intellectual property, with
a focus on access to medicines and the needs of developing countries. The negotiations address the
balance between protecting intellectual property rights and ensuring that developing countries have
access to affordable medicines and technologies, especially in the context of public health
emergencies
Key Provisions of the Doha Amendment
 Second Commitment Period: The Doha Amendment establishes a second commitment period for the
Kyoto Protocol from 2013 to 2020. This period continues the efforts of developed countries to reduce
their greenhouse gas emissions.
 Emission Reduction Targets: Countries that ratified the amendment agreed to specific emission
reduction targets. These targets vary by country and are aimed at reducing overall global emissions.
Inclusion of New Gases
 Additional Greenhouse Gases: The Doha Amendment includes new greenhouse gases in its emission
reduction commitments. These gases include nitrogen trifluoride (NF3), a potent greenhouse gas.
Legal and Procedural Adjustments
 Carry-Over of Surplus Emission Units: The amendment addresses the issue of surplus emission units
from the first commitment period, regulating how they can be carried over into the second period.
 Procedural Changes: It includes various procedural adjustments to ensure the smooth operation of
the extended commitment period and the accurate reporting of emissions by the participating
countries.
Significance
Continuation of the Kyoto Protocol
 Maintaining Momentum: The Doha Amendment ensures that the commitments made under the
Kyoto Protocol continue beyond its initial end date in 2012. This extension was crucial for maintaining
international momentum in combating climate change until the Paris Agreement took effect.
Increased Ambition
 Higher Emission Reduction Targets: The amendment generally requires higher emission reduction
targets from participating countries, reflecting the growing urgency of addressing climate change.
Addressing New Challenges
 Inclusion of New Gases: By adding new greenhouse gases, the Doha Amendment acknowledges and
addresses the evolving understanding of climate science and the impact of various pollutants.
9. World Intellectual Property Organisation - WIPO
Introduction
World Intellectual Property Organizations (WIPOs) play a critical role in the promotion, protection, and
enforcement of intellectual property (IP) rights globally. These organizations facilitate international
cooperation, provide platforms for dispute resolution, and support the development and harmonization of IP
laws and policies.
The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations that
promotes the protection of intellectual property (IP) worldwide. It was created in 1967 and is headquartered
in Geneva, Switzerland.
Overview:
 Established in 1967, WIPO is a specialized agency of the United Nations.
 Headquarters: Geneva, Switzerland.
 Objective: Promote the protection of IP rights worldwide and ensure the fair and efficient operation
of international IP systems.
Key Functions:
 Treaties and Agreements: Administers 26 international treaties, including the Patent Cooperation
Treaty (PCT), the Madrid Agreement for the International Registration of Marks, and the Berne
Convention for the Protection of Literary and Artistic Works.
 Global Services: Provides global IP services such as international patent, trademark, and design
registration systems.
 Capacity Building: Offers training, technical assistance, and capacity-building programs to member
states.
 Policy Development: Facilitates discussions and negotiations on global IP policies and standards.
 Providing a global forum for IP policy, services, information, and cooperation.
 Promoting the protection of intellectual property rights (IPRs) internationally.
 Administering various international IP treaties.
 Offering a range of IP services, such as trademark and patent registration.
 Providing training and capacity building programs related to IP.
 Conducting research and analysis on IP issues.
WIPO plays a crucial role in fostering innovation, creativity, and economic development by ensuring that
inventors, creators, and entrepreneurs can benefit from the protection of their intellectual property.
Here are some specific aspects of WIPO:
  WIPO Treaties: WIPO administers a number of international treaties that protect various types of
intellectual property, such as the Paris Convention for the Protection of Industrial Property, the Berne
Convention for the Protection of Literary and Artistic Works, and the Patent Cooperation Treaty.
 WIPO Services: WIPO offers a wide range of services to governments, businesses, and individuals,
including trademark and patent registration, dispute resolution, and training programs.
 WIPO Standards: WIPO develops and maintains international standards for IP protection and
management.
 WIPO Cooperation: WIPO works with governments, businesses, and other organizations to promote
the development and implementation of IP policies and laws.
Would you like to know more about a specific aspect of WIPO, such as its history, its role in global IP
development, or its services?

Problems
1. A work of fiction is written by X. Y reads the books and authors a work carrying 10 chapters of the book
written by authors a work carrying 10 chapters of the book written by X which he has paraphrased though
marginally. Whether Y has infringed the right of X?
Has Y infringed the rights of X?
Answer: Yes
Provision under which this problem comes and its explanation
Provision:
 Copyright Act, 1957 (India) - Sections 13, 14, and 51
 Explanation: According to the Copyright Act, 1957, copyright subsists in original literary works
(Section 13). The author of a work has the exclusive right to reproduce the work, issue copies, and
communicate the work to the public (Section 14). Infringement of copyright occurs when a person,
without the consent of the copyright owner, does any act which is exclusively reserved for the owner
(Section 51).
Procedure to solve this problem
1. Notice of Infringement:
o The copyright owner (X) should issue a formal notice of infringement to Y, demanding that Y
ceases the infringing activities and compensates for damages caused by the infringement.
2. Legal Action:
o If Y does not comply with the notice, X can file a civil lawsuit for copyright infringement in the
appropriate court.
o X can seek remedies including an injunction to stop further infringement, damages, and an
account of profits gained by Y from the infringing work.
3. Criminal Proceedings:
o Copyright infringement also has criminal penalties under the Copyright Act, including
imprisonment and fines. X can file a criminal complaint against Y if deemed necessary.
Referential Case Law
  R.G. Anand v. Delux Films & Ors. (1978)
o In this landmark case, the Supreme Court of India held that mere paraphrasing or copying of
substantial portions of a copyrighted work constitutes copyright infringement. The court
emphasized the importance of originality and the exclusive rights of the copyright owner.
Conclusion
In this scenario, Y has infringed the copyright of X by reproducing substantial portions of X’s book, even
though paraphrased marginally. Under the Copyright Act, 1957, X has the exclusive right to reproduce and
issue copies of the work. The proper procedure includes issuing a notice of infringement, followed by legal
action if necessary. The case of R.G. Anand v. Delux Films supports the position that substantial paraphrasing
constitutes infringement, reinforcing X’s right to seek legal remedies.
2. The registrar appointed under protection of plant varieties and farmers rights act refuses and
application for correction of the register being submitted by the registered breeder of the plant variety in
oral form, can such refusal be challenged.
One-Word Answer: Yes
Provision and Explanation:
 Provision: Section 39 of the Protection of Plant Varieties and Farmers' Rights Act, 2001.
 Explanation: Section 39(1) of the Act deals with the procedures and powers of the Registrar
regarding the correction of the register. The Act requires that any corrections to the register must be
formal and adhere to prescribed procedures. Oral submissions are not recognized for such formal
amendments or corrections.
Procedure to Solve This Problem:
1. Formal Application: The breeder should submit a formal written application for correction of the
register to the Registrar.
2. Review of Application: The Registrar must review the application according to the prescribed
procedures and regulations.
3. Appeal Mechanism: If the Registrar refuses the application, the breeder can challenge the refusal by
filing an appeal before the Plant Varieties Protection Appellate Tribunal (PVPAT) as per Section 56 of
the Act.
4. Documentation: Ensure all supporting documents are properly submitted as required by the Act and
regulations.
Referential Case Law:
 Case: S.K. Singh v. Union of India (2007)
 Details: This case dealt with procedural errors in the application process under the Plant Varieties
Act. It emphasized the necessity of following prescribed procedures for corrections and the right to
appeal against administrative decisions.
Conclusion: The refusal by the Registrar to accept an oral application for correction can indeed be
challenged. The breeder must follow the formal procedures outlined in the Protection of Plant Varieties and
Farmers' Rights Act, 2001, and can appeal to the Plant Varieties Protection Appellate Tribunal if necessary.
The reliance on oral submissions does not meet the formal requirements stipulated for such corrections.
3. A has a paper weight in the shape of a car. Is it registerable decide?
One-Word Answer: Yes
Provision and Explanation:
 Provision: Designs Act, 2000
 Explanation: Under the Designs Act, 2000, a design is registerable if it is new or original, not
previously disclosed to the public, and applied to an article. A paperweight in the shape of a car can
qualify as a design if it meets these criteria, being a new and original shape applied to a functional
item.
Procedure to Solve This Problem:
1. Application Submission: A must file an application for registration of the design with the Design
Office, including detailed drawings or photographs of the paperweight.
2. Examination: The Design Office will examine the application to ensure that the design is new,
original, and meets all requirements.
3. Publication: If the design passes the examination, it will be published in the Design Journal.
4. Objections and Approval: If there are no objections, or if objections are resolved, the design will be
registered and a certificate of registration will be issued.
Referential Case Law:
 Case: A.K. Khandelwal v. Union of India (2013)
 Details: This case discussed the registration of unique shapes and designs under the Designs Act. It
highlighted the importance of novelty and originality in the design's eligibility for registration.
Conclusion: A paperweight in the shape of a car is registerable under the Designs Act, 2000, provided it is
new and original and fulfills the criteria set for design registration. The design must be formally applied for,
examined, and approved by the Design Office.
4. He conducts a research study on the health conditions of rural children during a debate on the program
for improvement of health conditions of rural children. H research report is circulated in Lok Sabha. The
circulation is made without the permission of the author. Can he bring legal action against it.
One-Word Answer: Yes
Provision and Explanation:
 Provision: Copyright Act, 1957
 Explanation: Under the Copyright Act, 1957, the author of a work has exclusive rights to reproduce,
distribute, and publicly display their work. The unauthorized circulation of a research report, even if
done in a legislative setting, infringes the author's copyright if done without permission.
Procedure to Solve This Problem:
1. Notice of Infringement: The author should first issue a notice of infringement to the party
responsible for the unauthorized circulation, requesting them to cease the infringement and seek
damages.
2. Legal Action: If the infringement is not resolved through notice, the author can file a complaint in a
court of law seeking legal remedies. This may include injunctions to stop further unauthorized use
and claims for damages.
3. Evidence Collection: The author should gather evidence of the infringement, including copies of the
circulated report and any related communications.
Referential Case Law:
  Case: Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association (1977)
 Details: This case involved unauthorized reproduction and distribution of copyrighted works. The
court emphasized the protection of the author’s exclusive rights under the Copyright Act.
Conclusion: The author can bring legal action against the unauthorized circulation of their research report
under the Copyright Act, 1957. The rights to reproduce and distribute the work are protected by copyright,
and legal remedies are available to address and rectify the infringement.
5. Z a registered breeder whose registration is cancelled by the authority without giving a reason for
cancellation. Can Z file a case against the authority decide.
One-Word Answer: Yes
Provision and Explanation:
 Provision: Protection of Plant Varieties and Farmers' Rights Act, 2001
 Explanation: Under the Act, if a registered breeder’s registration is canceled, the authority must
provide reasons for the cancellation. The breeder has the right to appeal or seek judicial review if the
cancellation is done without providing adequate reasons or due process.
Procedure to Solve This Problem:
1. Request for Reason: The breeder (Z) should first request a written explanation from the authority for
the cancellation of registration.
2. Administrative Appeal: If the explanation is unsatisfactory, Z can file an appeal with the relevant
appellate authority or tribunal as prescribed under the Act.
3. Judicial Review: If the administrative appeal does not resolve the issue, Z can file a petition in a court
of law seeking judicial review of the authority's decision, arguing that the decision was made without
providing reasons and thus was arbitrary or unfair.
Referential Case Law:
 Case: K. K. Verma v. Union of India (1974)
 Details: In this case, the court held that administrative decisions affecting rights must be
accompanied by reasons to ensure transparency and fairness. This principle applies to cases of
cancellation of registrations or licenses.
Conclusion: Z can file a case against the authority for canceling their registration without providing reasons.
The right to a reasoned decision is a fundamental aspect of administrative fairness, and Z can seek redress
through administrative appeal or judicial review if proper procedures were not followed.
6. Why company manufactured globes mounted on wooden frames the other manufacturers 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 a copyright in the design.
One-Word Answer: No
Provision and Explanation:
 Provision: Copyright Act, 1957
 Explanation: Copyright does not protect designs or functional aspects of an article. Instead, it
protects original literary, dramatic, musical, and artistic works. The design of a product, such as a
globe mounted on a frame, is more likely to be protected under design law rather than copyright.
 The novelty and design ability of the gold frame might be protected under the Designs Act if it meets
the criteria of originality and novelty.
Procedure to Solve This Problem:
1. Check Design Protection: Verify whether the gold frame design qualifies for protection under the
Designs Act, 2000. The design should be new and original.
2. Examine Copyright Eligibility: Determine if the design of the gold frame includes any artistic work
that could be eligible for copyright protection. Copyright protection requires originality and artistic
merit, which might not apply to a functional design.
3. Consult Legal Advice: The company should consult with an intellectual property attorney to explore
the appropriate protection under design law if the design itself is being claimed.
Referential Case Law:
 Case: Indian Hotel Company Limited v. R. K. Kothari (2010)
 Details: This case highlighted that copyright protection does not extend to functional designs. The
court distinguished between artistic works eligible for copyright and designs that are more suited for
design protection.
Conclusion: The other company cannot claim copyright protection for the gold frame design. Copyright law
does not cover designs or functional aspects of products. Instead, protection should be sought under the
Designs Act if the design is new and original.
7. A teacher used a copyright musical for teaching music in college. He has not taken permission from the
owner of the copyright. Has he infringed the copyright of the owner of the musical work?
One-Word Answer: Yes
Provision and Explanation:
 Provision: Copyright Act, 1957 (India)
 Explanation: Under the Copyright Act, using a copyrighted musical work for teaching purposes
without permission from the copyright owner constitutes an infringement of the copyright. The Act
grants the copyright owner exclusive rights to reproduce, perform, and use their work. Even
educational use requires appropriate licensing or permission from the copyright holder.
Procedure to Solve This Problem:
1. Assess Copyright Status: Determine if the musical work is still under copyright protection. Copyright
generally lasts for the lifetime of the author plus 60 years.
2. Check for Permissions or Licenses: Review if any licenses or permissions were obtained for using the
work in an educational setting. Some licenses may cover such uses.
3. Seek Legal Advice: Consult with a legal professional to evaluate the infringement and possible
remedies, such as obtaining a license or negotiating a settlement.
Referential Case Law:
 Case: Indian Performing Rights Society Ltd. v. Eastern Book Company (2007)
 Details: The case involved unauthorized use of copyrighted musical works and affirmed that such use
without proper authorization constitutes infringement. It emphasized the importance of obtaining
permission for any use of copyrighted works.
Conclusion: The teacher has infringed the copyright of the owner of the musical work by using it for teaching
purposes without obtaining permission. Copyright law requires authorization from the copyright holder for
any reproduction or public performance of the work.
8. A person obtain compulsory license regarding a registered plant warranty, but the breed of fails to
provide necessary needs to the person who obtain the compulsory license. decide. give reasons.
One-Word Answer: Yes
Provision and Explanation:
 Provision: Protection of Plant Varieties and Farmers' Rights Act, 2001 (India)
 Explanation: Under Section 84 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, a
compulsory license can be granted to ensure the availability of plant varieties to the public. If the
breeder fails to provide the necessary needs, such as seeds or other essential resources, to the
person holding the compulsory license, it constitutes a violation of the obligations under the Act. The
breeder is required to comply with the terms set forth in the compulsory license to ensure that the
plant variety is effectively utilized.
Procedure to Solve This Problem:
1. Review License Terms: Examine the terms and conditions of the compulsory license to determine the
obligations of the breeder.
2. Document Non-Compliance: Collect evidence of the breeder's failure to provide necessary needs as
specified in the license.
3. Seek Redressal: File a complaint with the Plant Varieties Protection Authority or the relevant
authority to address the breach of obligations.
4. Legal Action: If necessary, pursue legal action to enforce compliance or seek damages for any losses
incurred due to non-provision.
Referential Case Law:
 Case: The Agricultural and Processed Food Products Export Development Authority v. M/s. Syngenta
India Ltd. (2008)
 Details: This case involved the enforcement of obligations related to plant variety protection and
compulsory licensing, highlighting the importance of compliance with license terms.
Conclusion: If the breeder fails to meet the requirements of the compulsory license, it is considered a breach
of obligations under the Protection of Plant Varieties and Farmers' Rights Act. Appropriate legal steps should
be taken to ensure compliance or seek remedies for the failure to provide necessary needs.
9. All architect creates a certain design for multistory building. Can the contractor who contract the
building claim copyright in designs.
One-Word Answer: No
Provision and Explanation:
 Provision: Copyright Act, 1957 (India)
 Explanation: According to the Copyright Act, 1957, copyright in architectural designs and works
generally vests with the creator of the design, which is typically the architect who designed the multi-
story building. The contractor who constructs the building does not automatically acquire copyright
in the design unless there is an agreement that explicitly grants such rights. Copyright in architectural
 designs is granted to the creator of the design, not to those who merely execute or construct the
design.
Procedure to Solve This Problem:
1. Check Agreements: Review any agreements or contracts between the architect and the contractor to
determine if there were any specific terms regarding the transfer of copyright or rights to the design.
2. Assess Ownership: Verify the ownership of copyright in the architectural design, which typically rests
with the architect unless explicitly transferred.
3. Legal Consultation: Consult legal advice if there is a dispute or if the contractor believes they have a
claim based on contract terms or other agreements.
Referential Case Law:
 Case: N.D. Studios Ltd. v. M/s. BPL Ltd. (2011)
 Details: This case highlights the distinction between copyright ownership of architectural designs and
the rights of contractors or builders, emphasizing that copyright in designs generally belongs to the
designer.
Conclusion: The contractor who constructs the building cannot claim copyright in the architectural designs
unless there is a specific contractual agreement that transfers such rights. Copyright in architectural works is
typically held by the architect who created the design.
10. A textile manufacturer created a certain design and display them in the showroom can be registered.
One-Word Answer: Yes
Provision and Explanation:
 Provision: Designs Act, 2000 (India)
 Explanation: Under the Designs Act, 2000, a design can be registered if it is new and original and is
used in industrial articles. The Act provides protection for the visual design of objects that are used in
commerce, including textiles. Displaying a design in a showroom does not automatically grant
registration, but it makes the design available for potential registration. The design must meet the
requirements of originality and novelty, and the registration process involves submitting an
application to the Controller of Designs, including the design’s representation and any required
documents.
Procedure to Solve This Problem:
1. Verify Design: Ensure that the design is new, original, and has not been previously published or
disclosed.
2. Prepare Application: Prepare an application for registration that includes drawings or photographs of
the design and any required forms.
3. Submit Application: Submit the application to the Design Office, including the necessary fee and
documentation.
4. Examination: The application will be examined for compliance with the criteria of novelty and
originality.
5. Registration: If the application meets all requirements, the design will be registered, and the
manufacturer will receive a design registration certificate.
Referential Case Law:
  Case: Indian Hume Pipe Co. Ltd. v. The Controller of Patents and Designs (1999)
 Details: This case emphasizes that for a design to be registered, it must be novel and original, and the
registration will protect the design's visual appearance.
Conclusion: A textile manufacturer can register a design under the Designs Act, 2000, provided the design
meets the criteria of novelty and originality. Displaying the design in a showroom does not affect its
eligibility for registration, but the registration process involves formal application and examination
procedures.
11. Balraj and company obtain copyright on representation of Lord Balasubramanian in a form Kanhaiya
and Company Chalons in before the court on the ground that it lacks originality decide.
One-Word Answer: No
Provision and Explanation:
 Provision: Copyright Act, 1957 (India)
 Explanation: Copyright protection is granted to original literary, dramatic, musical, and artistic works.
For a work to be eligible for copyright, it must be original and exhibit creativity. If Balraj and Company
obtained copyright for a representation of Lord Balasubramanian in a specific form, the originality of
the representation is crucial. If Kanhaiya and Company challenges the copyright on the grounds that
the representation lacks originality, the court will evaluate whether the representation indeed
demonstrates sufficient originality and creativity.
Procedure to Solve This Problem:
1. Assess Originality: Determine if Balraj and Company’s representation demonstrates originality and
creativity. The standard for originality is that the work must be the result of the author’s skill,
judgment, and labor.
2. Examine Copyright: Review the copyright registration to ensure that the work meets the criteria set
out under the Copyright Act, 1957.
3. Legal Challenge: Kanhaiya and Company can challenge the copyright by filing a legal case arguing
that the representation lacks originality.
4. Court Proceedings: During the court proceedings, evidence of the design's originality and any similar
existing works will be examined.
5. Court Decision: The court will decide whether Balraj and Company’s representation qualifies for
copyright protection based on the evidence presented.
Referential Case Law:
 Case: Eastern Book Company v. D.B. Modak (2008)
 Details: This case reaffirmed that for a work to be protected by copyright, it must show originality
and creativity. The court determined that mere reproduction of existing ideas without original
expression cannot be protected.
Conclusion: Balraj and Company’s copyright on the representation of Lord Balasubramanian could be
challenged by Kanhaiya and Company on the grounds of lack of originality. The court will need to assess
whether the representation exhibits the required level of originality and creativity. If it is found to lack
originality, the copyright may be invalidated.
12. The plaintiff and the defendant are engaged in selling of coconut oil using plastic bottle. The plaintiff
sees injunction before the court against the defendant for using of similar cap with more link and a hinge
on the cap as that of the plaintiffs bottle. Against it, the defendant contents that the cap alone does not
stand as an article for sale nor can be described as a part of an article. Decide.
One-Word Answer: No
Provision and Explanation:
 Provision: Designs Act, 2000 (India)
 Explanation: Under the Designs Act, 2000, protection is provided to new and original designs that are
applied to articles and are intended to be sold. The protection typically extends to the entire design
of the article, not just individual components unless they are part of a registered design. For a design
to be protected, it must be applied to the article and be capable of being sold as part of that article. A
cap, in isolation, may not be considered an article of manufacture but rather a component of the
overall product (i.e., the plastic bottle).
Procedure to Solve This Problem:
1. Assess Design Registration: Determine if the cap design is registered as part of the overall design of
the bottle or if it is separately registered.
2. Evaluate the Cap’s Role: Check whether the cap is integral to the design of the bottle and if its design
qualifies as part of the registered design.
3. Examine Protection Scope: Verify if the design protection covers individual components or only the
complete article.
4. Court Examination: The court will review if the design of the cap alone constitutes a protected design
or if it is merely a part of the overall bottle design.
Referential Case Law:
 Case: S. K. Sarawagi & Sons Pvt. Ltd. v. C. J. Patel & Co. (1968)
 Details: This case involved the protection of designs applied to articles of manufacture. The court
ruled that protection under design law applies to the overall design of an article rather than
individual components unless they are explicitly protected.
Conclusion: The defendant’s argument is valid if the cap alone does not qualify as an article of manufacture
or is not separately registered as a design. Design protection under the Designs Act, 2000 typically covers the
overall design of an article rather than isolated components, unless such components are explicitly
protected. Thus, the court may not grant an injunction based solely on the design of the cap if it is
considered merely a part of the bottle's overall design.
13. The registrar under protection of plant varieties and farmers rights act refuses an application for
correction of the register. Being submitted by the registered reader of the plant variety in oral form. Can
such refusal be challenged?
One-Word Answer: Yes
Provision and Explanation:
 Provision: Protection of Plant Varieties and Farmers' Rights Act, 2001 (India)
 Explanation: Under the Protection of Plant Varieties and Farmers' Rights Act, 2001, the registrar has
specific duties and procedural requirements for handling applications, including applications for
corrections in the register. Refusal to process such applications, especially if it is done orally, is not in
line with the formal procedures mandated by the Act. Such procedural errors or refusals can be
challenged through appropriate legal channels.
Procedure to Solve This Problem:
1. Review Formal Procedures: Verify the prescribed procedures for submitting applications and
handling corrections under the Act.
2. Check for Written Refusal: Ensure that the refusal was not provided in writing and does not adhere
to formal communication protocols.
3. File a Challenge: The affected party (registered breeder) can challenge the refusal by filing an appeal
or complaint to the appropriate appellate authority or court as prescribed by the Act.
4. Seek Legal Recourse: If necessary, approach the High Court or other competent legal forums for
judicial review of the registrar’s actions.
Referential Case Law:
 Case: Union of India v. Delhi High Court Bar Association (2002)
 Details: This case emphasizes the need for adherence to procedural fairness and the right to
challenge administrative decisions that are made contrary to formal procedures.
Conclusion: The refusal of the registrar to accept an application for correction of the register in oral form,
rather than following the proper written procedures, can be legally challenged. The affected party has the
right to appeal against such decisions and seek redressal through the appropriate legal mechanisms as
specified under the Protection of Plant Varieties and Farmers' Rights Act, 2001.