Intellectual property Rights-1(IPR-1)

Page 1 of 101
Intellectual property Rights-1(IPR-1)

UNIT 1

1. Examine the concept of IPR and the historical background of

the IPR + Development of IPR in India.
2. Different forms of IPR
3. Define Patent + principles underlying the Patent law in India.
4. Procedure of obtaining Patents.
5. Examine the importance and growth + types of specification
under Patent law.
6. What is a specification + it’s kinds along with legal requisites
for its submission.

UNIT 2

1. The essential features od a trademark and different types of

trademarks?
2. Explain the grounds of refusal for the registration of a
trademark.
3. Essential features of a trademark? Enumerate the trademarks
that are registrable and not registrable.
4. Passing off action? How it is different from infringement.
5. Salient features of Trademarks Act 1999 and procedure for
the registration of TM under TM Act, 1999.
6. Powers and functions of registered of trademarks.

UNIT 3

1. Examin the development and importance of E – Commerce.

2. Salient features of IT Act,2000.
3. Cyber crime? Different types of cyber crime.
4. Explain E – Governance and E – Signature certificate
5. Explain internet policy of Govt. of India.
6. Essential od E – Contract

Page 2 of 101
 Intellectual property Rights-1(IPR-1)

UNIT 4

1. Define geographical and the procedure for the registration of

geographical indications.
2. Explain the objectives of geographical indications (Registration
and protection) Act 1999.
3. Discuss the position of geographical indications under trade
related to IPR (TRIPS) agreements.
4. Offences and penalities under GI of act 1999.
5. Salient features of GI of Act.
6. Role and functions of registar GI.

UNIT 5

1. The provisions of Paris Convention 1883.

2. Paris Convention guarantees the protection of IP . Discuss
3. Explain the important Organs of world intellectual property
organizations (WIPO)
4. Functions of WIPO
5. The features of Madrid Convention for the international
registration of marks.
6 MARKS - U 1 - U 5

S.NO UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT 5

1. Rights of Domain Cyber Geographical WIPO

patentee name crime indications
registered in
India
2. Surrender Difference Data Infringement Convention
of patent b/w protection of countries
infringement registered

Page 3 of 101
Intellectual property Rights-1(IPR-1)

& passing – in cyber Geo –

off space graphical
indications
3. Patentable Collective Internet Basmati Rice Patent
inventions mark domain case cooperation
names treaty (PCT)
4. Specification Deceptively E – Madrid
similar contract convention
marks
5. Infringement Certification Certifying International
of patent mark authority registration
of mark
6. PROBLEMS Deceptively Copyright Co –
similar in micro ordination of
trade marks software WIPO
7. Protection
of
computer
software
UNIT 1
1. Examine the concept of IPR and the historical background of
the IPR + Development of IPR in India.
2. Different forms of IPR

SYNOPSIS :

✓ Introduction
✓ Concept of IPR
✓ Historical background of the IPR
✓ Development of IPR in India
✓ Different forms of IPR
✓ Conclusion

Page 4 of 101
Intellectual property Rights-1(IPR-1)

Introduction :

Intellectual Property (IP) deals with any basic construction of

human intelligence such as artistic, literary, technical or scientific
constructions. Intellectual Property Rights (IPR) refers to the legal
rights granted to the inventor or manufacturer to protect their
invention or manufacture product. These legal rights confer an
exclusive right on the inventor/manufacturer or its operator who
makes full use of it’s his invention/product for a limited period of
time.

Intellectual Property Rights :

Intellectual property rights (IPR) are the rights given to persons

over the creations of their minds: inventions, literary and artistic
works, and symbols, names and images used in commerce. They
usually give the creator an exclusive right over the use of his/her
creation for a certain period of time.

These rights are outlined in Article 27 of the Universal Declaration

of Human Rights, which provides for the right to benefit from the
protection of moral and material interests resulting from authorship
of scientific, literary or artistic productions.

The importance of intellectual property was first recognized in the

Paris Convention for the Protection of Industrial Property (1883)
and the Berne Convention for the Protection of Literary and
Artistic Works (1886). Both treaties are administered by the
World Intellectual Property Organization (WIPO).

History of IPR :

The intellectual property’s concept is not a new one as Renaissance

northern Italy is thought to be the framework of the intellectual
property system. A Venetian Law of 1474 made the first

Page 5 of 101
Intellectual property Rights-1(IPR-1)

methodical attempt to protect inventions in a form of patent, which

allowed right to an individual for the first time. The invention of
the printing press and movable type by Johannes Gutenberg around
the year 1450, helped in the origin of the first copyright system
in the world.

By the end of 19th century, new creative ways of manufacture

aided caused large-scale industrialization accompanied by fast
growth of cities, the investment of capital, expansion of railway
networks, and nationalism led many countries to establish their
modern Intellectual Property laws. In this point of time, the
International Intellectual Property system also began to take shape
with the creation of the Paris Convention for the Protection of
Industrial property in 1883 and the Berne Convention for the
protection of Literary and Artistic Works in 1886. The evidence
underlying Intellectual Property throughout its history has been
that the rewards and credits related with ownership of inventions
and creative works encourage further creative and inventive
activity that, motivates economic growth

Development of IPR in India :

In 1485 the first system of protection of intellectual property

came in the form on Venetian Ordinance historically. In England in
1623 it was followed by Statue of Monopolies, which extended
rights of patents for Technology Inventions. In 1760, patent laws
were introduced in The United States. Between 1880 and 1889
patent laws of most European countries were developed. In the
year 1856 in India Patent Act was introduced which remained in
force for more than 50 years which was later modified and revised
and was called “The Indian Patents and Designs Act, 1911”. A
complete bill on patent rights was enacted after Independence in
the year 1970 and was called “The Patents Act, 1970”.

Page 6 of 101
Intellectual property Rights-1(IPR-1)

Specific statues protected only specific type of intellectual output;

till very recently only four forms were protected. The protection
was in the form of grant of designs, patents, trademarks and
copyrights. In India, copyrights were regulated under the
Copyright Act, 1957; trademarks under Trade and Merchandise
Marks Act 1958; patents under Patents Act, 1970; and designs
under Designs Act, 1911.

The establishment of WTO and India also being signatory to the

Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS), many new legislations were passed for the
protection of intellectual property rights to meet the obligations
internationally. These included the following: Designs Act, 1911
was changed by the Designs Act, 2000; Trade Marks, called the
Trade Mark Act, 1999; the Copyright Act, 1957 was revised
number of times, the latest is known as Copyright (Amendment)
Act, 2012; and the recent amendments made to the Patents Act,
1970 in 2005.

Different forms of IPR :

There are many different forms of rights that together make up

intellectual property. IP can be basically divided into two
categories, that is, industrial Property and intellectual property.
Traditionally, many IPRs were collectively known as industrial
assets.

Patents : Patents are a monopoly privilege granted by the

government to an inventor, usually for 20 years. It is one of the
first categories of IP to be recognized in modern-day legal
systems. An investor who receives a patent is entitled to prevent

Page 7 of 101
Intellectual property Rights-1(IPR-1)

others from creating, using, selling, importing, or presenting their

invention for sale until the term is over.

Since patents are territorial rights, an invention is only shielded in

the nations or areas where patent protection has been granted. In
other words, if a patent is invalid in a certain nation, the invention
will not be protected in that country, allowing anybody else to
create, use, import, or sell it there.

Copyrights : Copyright intellectual property is a bunch of rights

that creators have over their work. The work for which the
copyright is obtained can be literary, artistic, scientific, musical,
cinematographic, or photographic. In addition, some rights protect
the interests of those associated with the creation, such as
performers, sound recorders, producers, broadcasters, etc. The
fundamental aim of copyright law is to establish a fair balance
between the interests of content creators, investors, and
developers and the public’s desire to access and use creative work.
The duration of copyright intellectual property protection for 60
years.

Trademarks : A trademark is a distinctive sign, symbol, or

indicator used by individuals, business organizations, or other legal
entities to identify their consumer products or services.
Trademarks can be any symbol, letter, number, color, image, or
sign with three dimensions. It also includes colors, holograms,
sounds, and even the forms and packaging of flavors and smells.
The fundamental rule for eligibility for registration is that a
trademark cannot simply be a general summary and must be
distinctive and unique. It should also not be identical to any
previously registered trademarks.

Page 8 of 101
Intellectual property Rights-1(IPR-1)

Case Law: "Cadbury India Limited v. Neeraj Food Products" in

India dealt with trademark infringement related to the use of the
colour purple for chocolate packaging. The case discussed the
distinctiveness and protection of non-traditional trademarks.

Geographical indication : It is a name or sign used on certain

products which corresponds to a geographic location or origin of the
product, the use of geographical location may act as a certification
that the product possesses certain qualities as per the traditional
method. Darjeeling tea and basmati rice are a common example of
geographical indication. The relationship between objects and place
becomes so well known that any reference to that place is
reminiscent of goods originating there and vice versa.

Trade secrets : Any information that may be used in the operation

of a business and is sufficiently valuable to give actual or potential
economic advantage is considered a trade secret. Examples are
recipes for popular food products, customer mailing lists,
advertising strategies and distribution processes. Trade secrets are
usually protected by contracts and nondisclosure agreements. Trade
secrets are valid only if the information has not been revealed.

Case Law: "Coca-Cola Co. v. PepsiCo Inc." in the U.S. involved

allegations of theft of trade secrets related to the formula for a
soft drink. The case emphasized the importance of protecting
confidential business information.

Conclusion :

Intellectual property rights are monopoly rights that grant

temporary privileges to their holders for the exclusive exploitation
of income rights from cultural expressions and inventions. There
must be good reasons for a society to grant such privileges to some

Page 9 of 101
Intellectual property Rights-1(IPR-1)

of its individuals, and so proponents of these rights provide us with

three widely accepted justifications to protect today’s inter-global
intellectual property rights.

3. Define Patent + principles underlying the Patent law in India.

4. Procedure of obtaining Patents.

Synopsis :

➢ Introduction
➢ Concept of Patent
➢ Principles of Patent law in India
➢ Procedure of obtaining Patents
➢ Conclusion

Introduction :

Indian Patent Law is defined by various provisions of the Patents

Act, 1970. Under this law, patent rights are granted for
inventions covering a new and inventive process, product or an
article of manufacture that are able to satisfy the patent
eligibility requirements of having novelty, inventive steps, and are
capable of industrial application.

Concept of Patent :

A patent is an exclusive right granted by the Government to the

inventor to exclude others to use, make and sell an invention is a
specific period of time. A patent is also available for improvement in
their previous Invention. The main motto to enact patent law is to
encourage inventors to contribute more in their field by awarding
them exclusive rights for their inventions. In modern terms, the
patent is usually referred to as the right granted to an inventor for
his Invention of any new, useful, non-obvious process, machine,
article of manufacture, or composition of matter.

Page 10 of 101
Intellectual property Rights-1(IPR-1)

The word “patent” is referred from a Latin term “patere” which

means “to lay open,” i.e. to make available for public inspection.
There are three basic tests for any invention to be patentable:

• Firstly, the invention must be novel, meaning thereby that

the Invention must not be in existence.
• Secondly, the Invention must be non- obvious, i.e. the
Invention must be a significant improvement to the previous
one; mere change in technology will not give the right of the
patent to the inventor.
• Thirdly, the invention must be useful in a bonafide manner,
meaning thereby that the Invention must not be solely used
in any illegal work and is useful to the world in a bonafide
manner.
History of Patent :

All primary legislation was abolished by the Indian Patent Laws and
Design Act of 1911. The Patents Act of 1970, coupled with the
Patent Rules of 1972, was put to work on April 20, 1972, and it
changed the 1911 Indian Patent and Design Act. The Patent Act is
based mainly on the suggestions of Justice Ann’s Ayyangar
Committee, which Rajagopala Iyengar chairs. One of the
suggestions was to grant patents under process for inventions
relating to pharmaceuticals, medications, food, and chemicals.

Again the 1970 Patents Act was revised by the Patents

(Amendment) Act in 2005, which prolonged the product patents in
all technology fields, including medicine, food, microbes, and
chemicals. Following the change, clauses about EMR (special
marketing rights) were deleted, and a provision allowing the award
of compulsory licences was added. Provisions for anti-post-grant
and pre-grant protests have also been included.

Page 11 of 101
Intellectual property Rights-1(IPR-1)

Principles of Patent law in India : [6m]

The 1970 Indian Patents Act (Section 3 and Section 4) clearly

stated the limitations on patentable inventions. Certain conditions
must be met to receive patents in the country. They are as
follows:

Patent Subject: The most critical factor to examine is whether the

invention corresponds to the patentable subject matter. The non-
patentable subject matter is included in the Patents Act (Sections
3 and 4). Unless the Invention falls under any of Sections 3 or 4,
it is a patentable topic.

Novelty: The novelty of creation is vital in establishing its

patentability. The design must result in new information, a new
product, or a new procedure. It should not be predicted by any
document, awarded the patent, published patent, non-patent
literature, or any other form already in the public domain. It must
be distinct from what is currently known.

Non-Clarity or Inventive Steps: An innovative step is defined in

the Patents Act [Section 2(ja)] as “the invention characteristic
that incorporates economic significance or scientific development,
or maybe both, as contrasted to surviving knowledge, and innovation
that is not evident to a person versed when it comes to art.” The
innovation must not be evident to someone competent in the same
region as the invention. It shouldn’t be obvious or innovative to
someone with experience in the same sector.

Suitable for Industrial Use: The Patents Act [Section 2 (ac)]

defines industrial application as “the creation is potent of
manufacturing or utilising in a sector”. It means that the creation

Page 12 of 101
Intellectual property Rights-1(IPR-1)

cannot be present in the abstract and must apply in any sector,

which suggests that the product must be helpful to be patentable.

Procedure of obtaining Patents :

Step 1: Describe your innovations (concepts or ideas) in depth.

Gather all relevant facts concerning your invention, such as:
Invention field
What is the invention about?
How does it function?
The advantages of the creation

Step 2: It should include a sketch, drawing, and diagram that

describes the creation.
Drawings must be developed so that the visual art may be
discussed in conjunction with the innovative work. They are very
significant in patent applications.

Step 3: To determine whether or not the creation is patentable.

Not all innovations are patentable; as claimed by the Indian Patent
Act, distinct creations have not been deemed patentable.

Step 4: Patent Discovery

The next stage will be to determine if your creation fits all of the
patent standards outlined in the Indian Patent Act:
The design should be original
The output should be obscure
Industrial implementations are required for the creation

Step 5: Submit a Patent Application

Page 13 of 101
Intellectual property Rights-1(IPR-1)

If you’re still developing your product’s early stages, you can file a
provisional application. It has the following advantages:
The deadline for filing
Full specifications must be submitted within 12 months
More affordable

Step 6: The application’s publication

The application is brought out 1.5 years after the initial filing if
the entire specification is filed simultaneously with the application
(patent).
If you don’t want to wait 1.5 years from the filing date to bring
out your application (patent), you may submit a first publishing
request with the specified cost. Typically, the patent application is
published as a 1-month form appeal.

Step 7: Examination Request

After obtaining an appeal for an RFE examination, the patent
application is reviewed. Following receipt of your request, the
Controller assigns your application (patent) to a patent examiner,
who studies the application per the following patent eligibility
criteria:
Patent subject
Newness
Inconsistency
Inventory procedures
Utilisation in industry
By allowing

Step 8: Respond to the criticisms.

Page 14 of 101
Intellectual property Rights-1(IPR-1)

The review report will result in some form of objections for most
patent applicants. The most acceptable course of action is to
discuss the review report with a patent specialist and respond to
the objections raised in the report.

In inspection reports, an investor has the chance to connect his

originality to the previous art. Patent agents and investors produce
and transmit a test answer to demonstrate that their creation is
patentable and fits all patent standards

Step 9: Objections are removed

The patent applicant and the Controller are linked to ensure that
any objections expressed about the application or creation are
resolved. The creator has a fair chance to substantiate their case
and establish uniqueness and creative steps over the existing
works.
It is the first award for an applicant after receiving an application
(patent) for an issue.

Step 10: As soon as every patent condition has been completed, a

grant application will be submitted. The issuance of a patent is
announced in the Patent Journal, which is documented regularly.

1. Novartis AG v. Union of India (2013): This landmark case

dealt with the issue of patentability of Glivec, a cancer drug.
The Supreme Court held that the modified form of the known
substance didn't exhibit enhanced efficacy, emphasizing the
requirement of innovation and substantial improvement for
patentability.
2. Bayer Corporation v. Union of India (2010): In this case, the
patentability of a pharmaceutical product, Nexavar, was

Page 15 of 101
Intellectual property Rights-1(IPR-1)

challenged. The court affirmed the importance of balancing

the rights of the patent holder with the public interest,
allowing the grant of compulsory licenses under certain
circumstances to ensure affordable access to essential
medicines.
3. Roche v. Cipla (2008): The case involved the infringement of a
patent related to the anti-cancer drug Erlotinib. The court
ruled in favor of Roche, emphasizing the significance of
patent rights and the need to prevent unauthorized use or
reproduction of patented inventions.
Conclusion :

Patents can provide great value and increased returns to individuals

and companies on the investment made in developing new
technology. Patenting should be done with an intelligent strategy
that aligns business interests to implement the technology with a
wide range of options in the search for how, where and when to
patent.

5. Examine the importance and growth + types of specification

under Patent law.
6. What is a specification + it’s kinds along with legal requisites
for its submission.

Synopsis :

➢ Introduction
➢ Patent Specification and it’s Importance
➢ Kinds of Specification
➢ Legal requisites for its submission
➢ Conclusion

Introduction :

Page 16 of 101
Intellectual property Rights-1(IPR-1)

Patent Specification, a document through which an inventor

discloses the details of his invention, plays a crucial role in
fulfilling the aforementioned aspect. Complete Patent specification
significantly influence the possibility of a successful patent grant.

Patent specification and it’s Importance : [6m]

A patent specification is a disclosure to the public at large

regarding the invention as well as the scope of protection that
would be granted to the invention. It provides an opportunity for
the applicant to provide information regarding the invention in order
to be entitled to claim protection. It is a crucial techno-legal
document constituted by scientific and technical disclosures which
designate the basis of the rights of a patent.

Section 7(4) of the Patents Act, 1970 (the Act) directs that every
patent application shall be accompanied by a provisional or a
complete specification. The Patent Rules, 2003 (the Rules) also
particularly deal with the specification of an invention.

Kinds of Specification :

In patent law, a provision and a complete specification refer to

different stages in the process of filing a patent application as per
Section 9 :

1. Provisional Specification:

- A provisional specification is an initial document submitted to

the patent office, providing a basic description of the invention.

- It serves as a placeholder or temporary protection for the

invention, establishing a priority date for the filing.

Page 17 of 101
Intellectual property Rights-1(IPR-1)

- The provisional specification doesn't require the same level of

detail as a complete specification but should include enough
information to disclose the nature of the invention.

2. Complete Specification:

- A complete specification is a more detailed and comprehensive

document that follows the provisional specification.

- It includes a thorough description of the invention, along with

claims that define the scope of the patent protection sought.

- The complete specification must meet the legal requirements

for patentability, providing enough information for a person skilled
in the relevant field to understand and replicate the invention.

- It often includes detailed drawings, explanations of how the

invention works, and any specific features that contribute to its
novelty.

The process typically involves filing a provisional application first to

secure an early priority date. Within a certain time frame (usually
12 months), the applicant must file the complete specification. The
priority date is crucial in determining the novelty of the invention
and plays a role in potential disputes or challenges.

Legal requisites for its submission : sec.10

Title: The first part of the complete patent specification should be

the title of the invention. The applicant/patent agent must ensure
that it fairly captures specific features of the invention. Secondly,
the title shouldn’t include abbreviations, the word “patent”, etc. It
must clearly spell the objective of the invention and should be
between 10-15 words.

Page 18 of 101
Intellectual property Rights-1(IPR-1)

Field of Invention: This is the section that highlights general and

specific fields in which the subject matter of the invention falls.
The field of invention helps the examiner to decide which search
fields he/she can look into to find similar published technology, if
any. This portion of the specification should ideally start with a
general statement on invention to indicate the subject matter that
the invention is related to.

Background: This section briefly discusses prior arts and their

drawbacks or disadvantages, if any. The main objective behind
providing this information is to distinguish the invention at hand
from the ones that are already being practiced in the targeted
industry. The background section sets the stage for describing the
invention in detail at a later stage.

Summary: As the name suggests, summary gives a gist of the

invention – its nature, objective, composition and operation. Most
importantly, summary of the invention should come before the
description of the claimed invention. Furthermore, the summary
briefly mentions solutions to the problems talked about in the
background section.

Brief Description of Drawings, if any: Though not mandatory,

patent applications often include drawings/flowcharts/figures to
visually describe the invention, helping examiner to understand the
innovation better. So this section presents a brief overview of the
drawings. As per the guidelines of the USPTO, the figures should
be clean black-and-white line drawings that accurately illustrate
the invention.

Detailed Description: This section focuses on providing sufficient

details of the invention, including the structural details, how it is
used, its objectives and advantages. Solutions achieved by the

Page 19 of 101
Intellectual property Rights-1(IPR-1)

invention are covered in depth in this section. Most importantly,

the detailed description should be provided in a manner that any
person with ordinary skill in the art is able to practice the
invention. Furthermore, this part may also include examples
explaining the overall working of the invention in different
environments and possible variations. Also, the description is
written from a perspective that every claim is sufficiently enabled.

Abstract: The complete specification of patent includes an

abstract that gives technical information about the invention.
Essentially, it’s a summary of the matter in the patent
specification. The abstract should not be more than 150 words.

Claim(s): To say the least, claims section is the most critical part
of a patent application. This is because the patentability of an
invention is determined by them. Claims clearly lay out the scope of
the invention for which protection is sought. Claims should cover
important aspects of the invention, such as novelty. This section
should be written in a manner to provide the broadest possible
coverage and protection for the invention, while remaining novel and
non-obvious in light of the existing technologies or art.

Drawings: A patent specification document also contains drawings

that help in aiding the examiner’s understanding of the invention.
Drawings can be diagrams, flowcharts or figures with numeral
labeling that identify components or features of the invention
described in the claims and detailed description.

Conclusion :

These legal requisites aim to ensure that the patent specification

provides sufficient information, clarity, and novelty to warrant the
grant of exclusive rights to the inventor. It's essential to consult

Page 20 of 101
Intellectual property Rights-1(IPR-1)

specific patent laws in the relevant jurisdiction for precise

requirements.

6m

1. Patentee’s Rights

Right to Patent Exploitation: A patentee has all the rights to use,

make, exercise, distribute, or sell the patented substance or
article in India or exercise or use the process or technique. This
privilege may be utilised by the patentee personally and by his
licensees or agent. The patent holder’s rights are only exercisable
during the life of the holder.

Right to Issue License: The patent owner can give licenses,

transfer rights, or set foot into other arrangements for a fee. An
assignment or claim must be penned and verified with the Controller
of Patents to be valid and genuine. The patent assigned document
is not admissible as proof of an individual’s patent ownership until
registered. It applies to the assignee rather than the assignor.

Surrendering Rights: A patent holder can submit their patent;

however, before accepting the surrender offer, a notice related to
submitting is sent to all people whose names are listed in the
register. The surrender application is also documented in the
Official Gazette so the interested parties can object.

Right to Take Legal Actions for Patent Infringement: The patent

holder has all the rights to file a lawsuit for the patent violation
before a District Court with jurisdiction to hear the case.

2. Infringement of patent .

Concept of Patent :

Page 21 of 101
Intellectual property Rights-1(IPR-1)

A patent is a special right granted to inventors for their creations.

The term comes from the Latin word ‘Patere,’ meaning ‘To lay
open.’ In India, the rules for patents are outlined in the Indian
Patents Act of 1970.

Infringement of patent :

The violation of these exclusive rights of the patent holder is

known as patent infringement. The patent is granted by the
government for a limited period of time. This is to say that if the
rights granted to the patentee are exercised by someone else who
is not authorised by the patentee, then it would be considered a
violation of patent rights, and the person is made liable for the
same. Sections 104–115 of the Patents Act, 1970, provide
provisions regarding patent infringement.

Types of Patent Infringement :

There are many types of patent infringement which are given

following:

1. Direct Infringement: Making, selling, or importing something

without getting a license from the patent holder that is called a
direct infringement of patent rights. This act must complete
willfully by the offender.

2. Indirect Infringement: Indirect infringement which includes

contributory infringement and inducement to infringe a patent.
Under these terms, even if a company does not the one that
initially infringed on the patent, that company can still be held
accountable for patent infringement.

3. Contributory Infringement: This kind of infringement includes

purchasing or importing a part that helps create a patented item.

Page 22 of 101
Intellectual property Rights-1(IPR-1)

To prove contributory infringement, one must show that the main

use of the component would be to create a patented item. The
comprehensive good that has other uses usually doesn’t qualify in
proving contributory infringement.

4. Induced Infringement: When a person or company aids in patent

infringement by providing components or helping to make a patented
product then occur induced infringement. It occurs by offering
instructions, preparing instructions, or licensing processes.

5. Willful Infringement: Wilful infringement exists when a person

determines complete disregard for a patent that is someone else’s
patent. It is especially damaging to defendants in a civil suit. If
they are found guilty then the penalties are much higher, typically
defendant must pay all pleader costs and court costs.

6. Literal Infringement: To prove literal infringement, there must

be a direct correspondence between the infringing device or
process and the patented device or process.

Unit-2
1. Define mark? Essential features of trademark & different
types of trademark? Ap21,22
Synopsis
• Introduction
• Define mark?
• Essential of trademark
• Different types of trademark
• Conclusion
Introduction :

A trademark is the characteristics or combinations of

characteristics capable of distinguishing the goods and/or services

Page 23 of 101
Intellectual property Rights-1(IPR-1)

of one enterprise from those of other enterprises. Trademarks fall

under the ambit of intellectual property rights and are protected
by national and international laws.

Examples of trademarks include the Nike “Swoosh” symbol, the

arched M for McDonald’s or the bitten apple symbol for Apple
computers, etc.

Definition:

Under The Trade Marks Act, 1999, the word “mark” is defined
under Section 2(1)(i)(V)(m) as “a device, brand, heading, label,
ticket, name, signature, word, letter, numeral”. The term “Mark”
under the Act also includes the shape of goods, packaging, or
combination of colours or any other type of combination.

Section 2(1)(i)(viii)(zb) in the Trade Marks Act, 1999 defines

trademark as a mark which is:

• capable of being represented graphically;

• capable of distinguishing the goods or services of one person
from those of others;
• may include the shape of goods, their packaging and
combinations of colours.
• Simply , a trademark may include a device, brand, heading,
label, ticket, name, signature, word, letter, numeral, shape
of goods, packaging, or combination of colors or
combinations.

Essential features of trademark:

A trademark must be a mark which includes a device, heading,

brand, label, ticket, signature, word, letter, name, numeral,

Page 24 of 101
Intellectual property Rights-1(IPR-1)

packaging or combination of colors or any combination of the above

attributes.

It should be easy to speak and spell. A good trademark is such

that the public can easily spell and speak.

It should be easy to remember. A good trademark that is easy to

speak and spell can be easily remembered as well. So that it
becomes easy for public to

It should not be too lengthy and complicated to be forgotten

easily. If it is lengthy or complicated, people will not bother to
take the effort to memorize it and ultimately it will be forgotten.

It must be distinctive. It can be natural distinctiveness or acquired

distinctiveness.

The best trademarks are invented words or coined words or unique

geometrical designs

It can only be suggestive of the quality of the products, but not

descriptive

A good trademark should not be barred under the Trade Marks

Act under the Prohibited classes of trademarks.

Types of Trademarks :

Types of trademarks include service marks, collective marks,

certification marks, etc. Whatever the trademark type, the

Page 25 of 101
Intellectual property Rights-1(IPR-1)

trademark’s purpose is the same. Particularly to distinguish the

source of the goods or services. And also assure the consumers of
the quality of the product or service. A trademark can be divided
into the following seven categories:

1. Device marks:

A device mark uniquely represents a logo, label, or design in the

image format and may also contain a word or a combination of
words.

2. Service marks:

A service mark is nothing but a mark that distinguishes one

person’s services from another. Service marks do not represent
goods but the services offered by a person/ company.

They are used in a service business where actual goods under the
mark are not traded.

3. Collective Marks:

The owner of such marks may be an association, public institution,

or cooperative. Collective trademarks are also used to promote
particular products with certain characteristics specific to the
producer in a given region.

4. Certification Marks:

A certification mark on a product indicates that the product has

successfully passed a standard test specified. It assures the
consumer that the manufacturers have gone through an audit
process to ensure the quality of the product.

For example, Toys, Electrical goods, etc., have a marking that

indicates the product’s safety and quality.

Page 26 of 101
Intellectual property Rights-1(IPR-1)

The difference between the certification mark and the collective

mark is that a particular enterprise or association member uses the
collective mark. In contrast, a certification mark may be used by
anybody who meets the defined standards.

5.Well-known marks:

When a mark is easily recognized among a large percentage of the

population, it achieves the trademark status of a well-known mark.
Well-known marks enjoy more excellent protection, and persons will
not be able to register or use marks imitations of well-known
trademarks. A trademark needs to be known/recognized by a
relevant section of people to be well-known. These people include
actual or potential customers, people involved in the distribution,
and business service dealing with the goods/services.

6. Non conventional Trademarks:

The trademarks that get recognition for their inherently distinctive

feature are nonconventional.

Non-conventional trademarks include the following categories:

Colour Trademark: If a particular color has become a distinctive

feature indicating the goods of a specific trader, it can be
registered as a trademark. For example, Red Wine.

Page 27 of 101
Intellectual property Rights-1(IPR-1)

Sound Marks: Signs that are perceived by hearing and

distinguishable by their distinctive and exclusive sound can be
registered as sound marks. For example, Musical notes.

Shape Marks: When the shape of goods or packaging has some

distinctive feature, it can be registered. For example, Ornamental
Lamps.

Smell Marks: When the smell is distinctive and cannot be mistaken

for an associated product, it can be registered as a smell mark.
For example, Perfumes.

Wordmark comprises any standalone word or words. They are used

for business purposes. Examples of wordmarks include words such
as ‘FedEx’ or ‘Coca-Cola’ etc.

Logomark only contains a symbol without any words but at the same
time it encodes a brand message. However, it requires
advertisement reports to make this mark recognisable. Examples of
logomark include the famous bitten apple of the Apple company.

Motion mark is a unique graphics animation, animated computer

sequence, or short video used by the companies for the product.
Popular motion marks include Nokia’s open screen with a handshake,
the car door motion of Lamborghini or the animated graphics of
picture companies.

Conclusion: A trademark exclusively identifies a product as

belonging to a specific company and confirms the ownership of the
brand. It helps in legally differentiating a particular product from
all others of its kind.

Descriptive mark 6mark ap 23

Page 28 of 101
Intellectual property Rights-1(IPR-1)

Descriptive marks, as trademarks, are weak and unacceptable

because they describe the character or the quality of the mark
through itself. Therefore, they are not helpful in distinguishing
goods and products since most of the goods in the same category
would have the same distinguishing feature, thus making a
descriptive mark a weak trademark.

An example of a descriptive mark is ‘Lenskart’, an Indian company

dealing with eyeglasses and optical lenses. Lenskart literally means
a cart of lenses. The aim of using descriptive marks should
essentially be to protect the public by keeping descriptive signs,
indications, and features so that no other trader goes on to have a
monopoly like right over these words which are available in the
public domain.

2. Essential features of a trademark? Registration of trademark

oc22,23 & grounds of refusal of trademark under trademark
act1999 ap21,22? Ap23,

Synopsis

• Introduction
• Trademark?
• Essentials?
• Registration of trademark:
• Grounds of refusal to trademark

Introduction:

Page 29 of 101
Intellectual property Rights-1(IPR-1)

Registration of trademarks

Chapter II (from Section 3 to Section 17) of the Trade Marks

Act, 1999 deals with the processes and conditions relating to the
registration of trademarks in India.

Under Section 3, the Central Government by publishing a

notification in the official gazette should appoint a person to be
known as the Controller-General of Patents, Designs and
Trademarks, who will serve as the Registrar of Trademarks.

Section 18 to Section 26 under Chapter III of the Act deals with

the procedure of registration. The steps for filing a trademark
application in India are as follows:

Step 1: Application for registration

The person who is the proprietor of the trademark should apply for
the registration of the trademark with proper fees in the office of
the trademark registry under whose territorial limit or jurisdiction
the main place of business will be.

The Registrar may refuse, accept it absolutely or may ask to

amend the application.

Section 19 provides the party the capacity to withdraw the

application after acceptance of the application by the Registrar,
provided that the Registrar is satisfied with the reasons for the
withdrawal of the acceptance.

Step 2: Advertisement of application

Section 20 provides that after an application for a trademark has

been accepted by the Registrar and there are no discrepancies or
amendments in the application, it should be advertised in the
official Gazette.

Page 30 of 101
Intellectual property Rights-1(IPR-1)

The purpose of the advertisement is to provide an opportunity for

interested persons to file an opposition if it affects their trade
interests.

Step 3: Opposition to registration

Under Section 21 of the Act If the person filing the opposition or

the applicant sending a counter-statement does not reside or run
business operations in India

Step 4: Correction and amendment of the application

Section 22 of the Act providesthe Registrar should permit the

correction of any error in the application or permit the amendment
of the application.

Step 5: Registration of the application

Under Section 23, when an application for registration of a

trademark has been accepted and no notice of opposition was filed
or the time for filing notice of opposition has expired or the
opposition was decided in favour of applicant, the Registrar shall
register the said trade mark within eighteen months of the filing
of the application if the Central Government makes no objection.

After registration, a certificate should be issued to the applicant

with the seal of the Trade Marks Registry.

Duration and renewal of registration

The registration of a trade mark provides protection for a period

of ten years, but the registration may be renewed from time to
time by filing a renewal application with payment of prescribed fees
for a period of ten years from the date of expiration of the
original registration

Page 31 of 101
Intellectual property Rights-1(IPR-1)

Absolute grounds for refusal of registration

Section 9 of the Trademarks Act, 1999 lists out certain absolute

grounds for refusal of registration of trademarks.

Section 9(2) of the Act further provides that the absolute grounds
for refusal of a trademark will be :

• If the marks deceives or causes confusion in the public mind;

• If the mark hurts religious sentiments of any class or section
of citizens of India;
• If the marks contains any scandalous or obscene matter;
• Finally, marks which are protected under the Emblems and
Names (Prevention of Improper Use) Act, 1950 ought not to
be used as a trademark at all.

Relative grounds for refusal of registration

The relative grounds for refusal of trademarks under Section

11 of the Trade Mark Act, 1999 are as follows:

• A mark shall not be registered if there is a “likelihood of

confusion” and a “likelihood of association” by virtue of its:
• Identity with the earlier trademark;
• Similarity to an earlier trademark or similarity of goods and
services caused by the earlier trademark;

Sony Corporation vs. K. Selvamurthy

In this case, Sony Corporation filed a trademark infringement

suit claiming dilution of its well-known SONY trademark against a
sole proprietor running a tours and travels business under the
name, Sony Tours and Travels. The Court came to this conclusion
as Sony Corporation’s business is limited to electronics and media,
which could be differentiated from the tours and travels business

Page 32 of 101
Intellectual property Rights-1(IPR-1)

of the Defendant. The Court also noted that the use of the word,
Sony by the Defendant did not cause any confusion among the
consumers. It also took note of the inordinate delay of the
Plaintiff in approaching the Court, and granted Defendants Rs. 25,
000/- as costs.

Conclusion: A trademark exclusively identifies a product as

belonging to a specific company and confirms the ownership of the
brand. It helps in legally differentiating a particular product from
all others of its kind.

6marks domain name ap22,oc23

➢ A domain name is an identity of one's business online. Every

web server requires a DNS server to translate domain names
into Internet Protocol (IP) addresses.
➢ Subdomain or third-level domain, such as www.
➢ Second-Level Domain (SLD), which is the name of the
website.
➢ Top-Level Domain (TLD), such as com.
6mark, collective mark ap21

6mark deceptively similar marks? Ap23

Section 2(1)(h) of the Trade Marks Act, 1999 defines the word
“deceptively similar” as “A mark shall be deemed to be deceptively
similar to another mark if it so nearly resembles that other mark
as to be likely to deceive or cause confusion.

6mark Difference between infringement & passing off action. Ap23

Page 33 of 101
Intellectual property Rights-1(IPR-1)

Unit 4

1. Define geographical indications? & the procedure for the

registration of geographical indications? OR ROLE &FUNCTIONS
OF REGISTRAR UNDER GI ACT 1999{OC22} Ap21,22,oc22

Synopsis :

➢ .
➢ .
➢ .
➢ .
➢ .

Introduction

Page 34 of 101
Intellectual property Rights-1(IPR-1)

A geographical indication (GI) is a sign that is used in relation to

products or goods that possess specific qualities, characteristics or
reputation, that is attributable to place of its geographical origin.

Definition of geographical indications:

The Geographical Indications of Goods (Registration and Protection)

Act, 1999 (GI Act), in Section 2(e), defines the term
“geographical indication” as –

“An indication which identifies such goods as agricultural goods,

natural goods or manufactured goods as originating, or
manufactured in the territory of a country, or a region or locality
in that territory, where a given quality, reputation or other
characteristic of such goods is essentially attributable to its
geographical origin and in case where such goods are manufactured
goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in
such territory, region or locality, as the case may be.”

This is the legally accepted definition of geographical indication in

India since the Act came into force since the 15th of September,
2015.

The following types of goods are covered under the ambit of GI –

➢ Agricultural (example, Basmati rice)

➢ Natural (example, Makrana marble)
➢ Handicraft or of any industry (example, Kashmiri pashmina)
➢ Food stuff (example, Dharwad pedha)

This has been mentioned in Section 2(g) of the GI Act.

Essentials of Geographical indications

Page 35 of 101
Intellectual property Rights-1(IPR-1)

GI is a status accorded to a good which is unique to a particular

region or area, and are originated from there. These goods have a
reputation for their quality. They are associated with a sense of
legitimacy and trust simply because they have the tag of belonging
to that region. For example, Basmati rice is known for its unique
aroma and long grains. It is unique to the Indo-Gangetic plains.
Seven states of India, after a long drawn legal battle have been
accorded with the status of Geographical Indication (GI) in 2016.

Step by step procedure for registration of Geographical Indication

Step 1-Filing of the Application

According to section 11, The application then must be signed by

the applicant or his agent along with the statement of case and has
to be submitted along with the prescribed form GI-1.

Forms for registration of GI are available on the website of

Geographical Indications Registry (http://www.ipindia.nic.in/forms-
gi.htm)

What should be the contents of the application? Section 11 (2)

It should also state the class of goods to which the geographical

Indication shall apply

The geographical map of the territory of the country or region or

the locality of the country in which the goods are produced or
manufactured should be included.

Statement containing the details of the applicant including the

names, addresses and other such details as may be specified from
time to time.

Step 4 – Issue of Show Cause Notice (Section 12)

Page 36 of 101
Intellectual property Rights-1(IPR-1)

If the Registrar has any objection with regards to the application

then the same shall be communicated to the applicant.

Step 5: Advertisement (Section 13)

Every application for registration of geographical indication that

has been accepted absolutely or with subject to conditions or
limitations shall within three months of acceptance shall be
published in the Geographical Indications Journal.

Step 6: Opposition to Registration Section 14

Any person can file a notice of opposition within three months

(extendable by another month on request which has to be filed
before three months) opposing the Geographical Indication
application published in the Journal in triplicate along with the form
GI-2.

Step 7– Corrections and amendments- Section 15

The Registrar may from time to time with subject to certain terms
and conditions permit either before or after the acceptance of the
application, the correction of any error or an amendment of the
application.

Step 8 : Registration Section 16

On acceptance of the application, the registrar shall register the

geographical indication for the same.

The registrar shall then issue to the applicant a certificate with

the seal of the Geographical indication’s registry in Form-02 as per
Rule 55 0f The Geographical Indications of Goods (Registration and
Protection) Rules, 2002

Step 9: Duration, Renewal And Restoration Section 18

Page 37 of 101
Intellectual property Rights-1(IPR-1)

A registered Geographical Indication shall be valid for 10 years

and can be renewed on payment of renewal fee.

Failure to do so may result in removal of geographical indication

Conclusion:

2. Explain objectives of geographical indications (Registration &

protection) Act 1999 ap21,23 oc 23 Or salient features of
Geographical indications Act,

Synopsis:

➢ Introduction
➢ Definition
➢ .
➢ .
➢ .

Introduction:

A geographical indication (GI) is a sign that is used in relation to

products or goods that possess specific qualities, characteristics or
reputation, that is attributable to place of its geographical origin.

Definition of geographical indications:

The Geographical Indications of Goods (Registration and Protection)

Act, 1999 (GI Act), in Section 2(e), defines the term
“geographical indication” as –

Page 38 of 101
Intellectual property Rights-1(IPR-1)

“An indication which identifies such goods as agricultural goods,

natural goods or manufactured goods as originating, or
manufactured in the territory of a country, or a region or locality
in that territory, where a given quality, reputation or other
characteristic of such goods is essentially attributable to its
geographical origin and in case where such goods are manufactured
goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in
such territory, region or locality, as the case may be.”

This is the legally accepted definition of geographical indication in

India since the Act came into force since the 15th of September,
2015.

The following types of goods are covered under the ambit of GI –

➢ Agricultural (example, Basmati rice)

➢ Natural (example, Makrana marble)
➢ Handicraft or of any industry (example, Kashmiri pashmina)
➢ Objectives of geographical indications act 1999

Same as 1st question

Question, offences and penalties under GI act 1999 Oct 22.

Synopsis

➢ Introduction
➢ Meaning& definition of geographical indications
➢ Offenses under GI act 1999
➢ Conclusion

Offences and penalties

Page 39 of 101
Intellectual property Rights-1(IPR-1)

Chapter VIII of the Act describes specific acts as offences

punishable by confinement or with a fine, or with both.

The penalty for falsification of G.I.s and the situations in which a

person uses false G.I. are mentioned in Section 39.

Selling goods to which false G.I. is used as described in Section

40.

Increased penalty for succeeding convictions for falsifying,

falsifying G.I.s or selling goods with false G.I.s.

Falsely representing a G.I. as listed in Section 42. Misrepresenting

the G.I. as Registered, which has not been registered, is an
offence.

They were inadequately describing a place of business as related to

the G.I.s Registry as listed in Section 43.

Falsification of records in the Register as listed in Section 44.

No offence in some cases as given under Section 45.

Immunity of certain persons employed in the day to day activities

of the business as provided under Section46.

Procedure where the invalidity of registration is appealed by the

accused as given in Section18.

Conclusion :

3. Discuss the position of Geographical indications under trade

related to IPR(TRIPS) agreement

Page 40 of 101
Intellectual property Rights-1(IPR-1)

Synopsis :

➢ .
➢ .
➢ .
➢ .
➢ .

Introduction:

The TRIPS Agreement, which came into effect on 1 January 1995,

is to date the most comprehensive multilateral agreement on
intellectual property. The TRIPS Agreement and current TRIPS
work in the WTO takes account of that diversity.

Positions of Geographical indications under trade related to IPR

(TRIPS) Agreement:

All products are covered by Article 22, which defines a standard

level of protection. This says geographical indications have to be
protected in order to avoid misleading the public and to prevent
unfair competition.

Article 23 provides a higher or enhanced level of protection for

geographical indications for wines and spirits: subject to a number
of exceptions, they have to be protected even if misuse would not
cause the public to be misled.

Exceptions (Article 24). In some cases, geographical indications do

not have to be protected or the protection can be limited. Among
the exceptions that the agreement allows are: when a name has
become the common (or “generic”) term (for example, “cheddar”
now refers to a particular type of cheese not necessarily made in

Page 41 of 101
Intellectual property Rights-1(IPR-1)

Cheddar, in the UK), and when a term has already been registered
as a trademark.

Article 22 (4) of the TRIPS Agreement states that the

preservation of the geographical Indication of a trademark must be
enforced even if the G.I. “is truly true as to the area, region, or
locality in which the goods are in another territory” is generated “.

Multilateral register for wines and spirits This negotiation, which

takes place in dedicated “special sessions” of the TRIPS Council, is
about creating a multilateral system for notifying and registering
geographical indications for wines and spirits.

Differences Between Trademarks and geographical indications

Legal Definition

The definition for a GI is found in The Geographical Indications of

Goods (Registration and Protection) Act, 1999, under Section
2(1)(e):

‘Geographical indication’, is an indication that such goods like

agricultural, natural, or manufactured are originating, or
manufactured, in the territory of a country, or a region or locality
within that territory, where a given quality, reputation, or other
characteristic of such goods is essentially attributable to its
geographical origin.

#On other hand, according to Section 2(i) (zb) of the

Indian Trademarks Act 1999, ‘A mark capable of being
represented graphically and capable of distinguishing the goods or
services of one person from those of others, and may include shape
of goods, their packaging, and combination of colors’. So, it may
be said from both the definitions that the territorial or

Page 42 of 101
Intellectual property Rights-1(IPR-1)

geographical connotation of a GI is stronger in context to the place

of its indigenous origin, while the same is not significant in case
of a trademark.

Key differences : Trademark and Geographical Indication

1. A trademark is a symbol, name, or identity of a firm that is

used to distinguish one entity’s goods or services from those of
another. A car is still an automobile, but the manufacturer’s
trademark allows it to be differentiated. BMW and Audi, for
example, are the trademarks of the respective automobile
manufacturers. In the case of a GI, the name denotes the
product’s place of origin, and any producer in that geographic
region can use the GI for that product.

2. A geographical indication (GI) is essentially a collective

protection provided to a group of producers from a specified place
where the commodity was initially created. A trademark, on the
other hand, can be registered by a single person or a company,
both.

3. While Register Trademark in a person’s name and address may

only be used by that person or manufacturer, every manufacturer
or producer in the same territory is permitted to use the same GI.

4. A trademark can be a letter, a word, digits, or a combination

of characters and numbers, as well as an abbreviation, name,
gadget, hologram, sound, or odor. A GI, on the other hand, can
only be a name or a symbol associated with a location.

5. A Trademark is available for both goods and services whereas

GI is meant only for goods unique to a geographical region.

Page 43 of 101
Intellectual property Rights-1(IPR-1)

6. The individuality or uniqueness of a trademark is determined by

human ingenuity or intellect. It is possible for a trademark to be
suggestive, descriptive, or arbitrary. A GI is a code that identifies
a product based on its origin. The nature of the GI is determined
by factors like geography, human labor, and the environment of a
certain geographical place.

7. GI is a right enjoyed by a community / association of producers

(community right). For instance, Assam Muga Silk has GI conferring
rights to all such traders from that community. Trademark is a
right enjoyed by only one person/company (individual right).

8. The Indian Trademarks Act 1999 governs trademarks, whereas

the Geographical Indications of Goods (Registration and Protection)
Act 1999 governs GIs.

Conclusion:

The only thing that a GI and a trademark have in common is that

they both serve as source indications.

6marks geographical indications registered in india ap22

The products given the Geographical Indication tag in India are

regarded as invaluable treasures of incredible India. Darjeeling
tea, Mysore betel leaf, leather toys of Indore, Odisha rasgulla,
Kandangi saree, and Kashmir saffron are some of the products
given GI tags in India.

6mark infringement of registered geographical indications. Ap21,23

A registered geographical indication is violated by a person who is

not a registered proprietor or authorized user, uses such a sign on
the goods or suggests that such goods origina te in another
geographic area, which confuses someone other than the actual

Page 44 of 101
Intellectual property Rights-1(IPR-1)

place of goods public. A geographical indication of the trademark

also infringes upon any use that constitutes an act of “unfair
competition”.

Remedies relating to infringement of geographical indications are

similar to remedies related to trademark infringement.
1.Civil remedies
2.Injunction
Injunctions include temporary injunction and permanent injunction.
6mark Basmati Rice case oc22

Basmati is a variety of long, slender-grained, aromatic rice which

is traditionally grown in India, Pakistan, and Nepal. Even though
many countries domestically use basmati rice, it is geographically
exclusive to certain districts of Pakistan and India. It is also used
as an ingredient in many cuisines across the globe. In the year
2008, both India and Pakistan discussed submitting a joint
application to register basmati as GI in the European Union. Later
this plan was dropped following the 2008 Mumbai terrorist
attacks. The Agricultural and Processed Food Products Export
Development Authority of India (APEDA) filed for domestic GI
status of Basmati and the application was granted in 2016 under
the Geographical Indications of Goods (Registration & Protection)
Act, 1999. India, in July 2018, had filed for PGI status for
Basmati before the EU’s Council on Quality Schemes for
Agricultural and Foodstuffs to claim exclusive rights over the
commodity in the EU. A Notice of Opposition was filed by Pakistan,
the second-largest exporter of Basmati against India’s claim over
Basmati in late 2020.

The main grounds for opposition were that both Pakistan and India
produce Basmati, and, thereby it was a joint product of both the

Page 45 of 101
Intellectual property Rights-1(IPR-1)

countries. The laws demand that a product has to be protected by

the country’s GI laws before it may be registered on the
international market. In 2021, Pakistan announced that Basmati
was granted GI status under the Geographical Indications
(Registration and Protection) Act 2020. The European Commission
asked India and Pakistan to come to some solution through talks
but no solution was reached. As a result, the issue is still pending.
The issue might now find reconsideration in Europe’s FTA talks with
India.

Unit 3

1. Examine the development & important of E-commerce? Apr

22

Synopsis

➢ Introduction
➢ .
➢ .
➢ .
➢ Conclusion

Introduction

Intellectual Property (IP) is a legal term that has been associated

with industrial property with copyrights and other rights in the
similar field. It is a process where someone creates anything from
their mind like inventions, literary, artistic works, designs,
symbols, names and images which are used in commerce. The
essence of IP in India is well established at all levels i.e
Statutory, Administrative and Judicial. India in its meeting with
World Trade Organization had ratified an agreement which is in
relation to Trade Aspects of Intellectual Property Rights (TRIPS)

Page 46 of 101
Intellectual property Rights-1(IPR-1)

which was enforced on 1st January 1995. As per the agreement,

there shall be minimum standards for the protection and
enforcement of intellectual property rights in member countries
which are required to promote the effective and adequate
protection of intellectual property rights with a view to reducing
distortions and impediments to international trade. The main pillars
of Intellectual Property law are copyrights, patents and
trademarks and these three pillars are governed and described
fully under the respective statutes which are Indian Copyrights Act
1957, The Patents Act 1970 and The Trademarks Act 1999.

According to Merriam Webster, E-Commerce refers to that

activity that are related to buying and selling of goods and services
over the internet. Intellectual Property in E-Commerce is perhaps
the most neglected, yet the most essential and value bearing
component of E-Commerce.

According to Michael Dertouzos foreword in Tim Berners- Lee’s

book, Weaving the Web, “Technology is an inseparable child of
humanity and that for true progress to occur, the two must walk
hand in hand, with neither one acting as servant to the other”

Importance of Intellectual Property in E-Commerce

Intellectual property law protects against disclosure of trade

secrets which further signifies protection against unfair
competition. This makes the intellectual property an asset which is
more valuable than owning a tangible asset. This is most clearly
visible in the field of technology and the digital economy. If there
was no intellectual property practices and statutes governing the
functioning of IP laws, there would have been no new creation of
works and hard work of someone could be stolen and it would have

Page 47 of 101
Intellectual property Rights-1(IPR-1)

spread around the world without paying any cost to its creator for
his labor on the invention.

THE TWO PRIMARY AREAS WHICH ARE IN RELATION WITH

INTELLECTUAL PROPERTY WHICH MUST BE TAKEN CARE OF
ARE

Safeguarding your own intellectual property

One of the common mistake committed by the owner of the

intellectual property owner is to reveal the intellectual property
prior to filing for protection of that property. Similarly, in many
countries making trade secrets public automatically dissolves any
protection .

Violating someone else’s intellectual property

As E-commerce websites who are in the business of buying and

selling of products often infringes the intellectual property laws by
portraying the description of products and showing their images.
There are several essentials which must be followed for not
infringing the IP laws are as follows:

➢ It must be your own creation

➢ Permission granted by the creator to use.
➢ It must be under the ambit of public domain
➢ It is covered under fair use.

Kinds of E-Commerce

E-Commerce or Electronic commerce refers to the business done

online. So a company’s website can be a great tool the business
online and for the purpose of generating sales. E-Commerce is
classified into four main categories:

B2B (Business to Business)

Page 48 of 101
Intellectual property Rights-1(IPR-1)

Companies doing business with each other like manufacturer selling

to distributors and wholesalers selling to retailers. Pricing of these
products are negotiable on a number of products ordered.

B2C (Business to Consumer)

Business to consumer (B2C) is a business transaction between a

company and a consumer or consumers who are the end users of its
product or services. B2C is different from B2B model as B2B
refers to the business between 2 business entities. All the business
companies who directly sell to the consumers can be put in the
category of B2C companies. This term became immensely popular
during the dotcom boom of the late 1990s, when it was mainly used
to refer to online retailers.

C2C (Consumer to consumer)

A consumer to consumer is that kind of a business model which is

connected between two consumers and the mode of doing business
is online. There are two modes of implementation of C2C markets
i.e actions and classifieds. C2C marketing has gained a major boost
over the internet through the companies like Ebay and Craigslist.

Consumer to Business (C2B)

Consumer to business is an exceptionally authentic and plan of

action where a shopper creates an item or administration that an
association uses to finish a business procedure or with the end goal
of picking up an upper hand. This technique transposes the
conventional business to buyer (B2C) model.

Page 49 of 101
Intellectual property Rights-1(IPR-1)

Elements granted protection in Intellectual Property

There are several parts of websites which are vested with the
protection of different kinds of Intellectual Property.

E-Commerce systems, search engines or other technical Internet

tools is granted protection under Patents or utility models.

Software includes the text-based HTML code which are used in

websites and it is vested with a shield under Copyrights Act or
patents law, depending upon national law.

Website design is protected under copyright.

All the website content in the form of written material,

photographs, graphics, music and videos are protected under
Copyrights.

Databases can be protected by copyright or by sui generis

database laws.

Page 50 of 101
Intellectual property Rights-1(IPR-1)

Business Names, Logos, Product names, domain names and other

signs posted on the website are covered under Trademarks.

Computer generated Graphic Symbols, displays, graphic user

interfaces (GUIs) & even webpages are protected under Industrial
Design Law.

Hidden Aspect of a website like (confidential graphics, source

code, object code, algorithms, algorithms, programs or other
technical descriptions, data flow charts, logic flow charts, user
manuals, data structures and database contents) are protected
under Trade Law Secrets.

Ways to protect a website under Intellectual Property Rights

There are essential measures which are mentioned in IP Laws which

protect a website from abusive use. These are as follows:

Protecting Intellectual Property Rights

➢ To let people know that the content is protected under IP

Laws.
➢ To make sure people know what all content can be used by
them.
➢ Controlling access and use of your website content.

case is L'Oreal v. eBay, where L'Oreal claimed that eBay was

liable for trademark infringement due to the sale of counterfeit
goods on its platform. The court held eBay not liable, emphasizing
that eBay took sufficient measures to combat counterfeits and
that the primary responsibility lay with the rights owners. These
cases highlight the complex intersection of e-commerce and IPR,
addressing issues such as the liability of online platforms and the
responsibilities of trademark owners in policing their rights.

Page 51 of 101
Intellectual property Rights-1(IPR-1)

Conclusion

As E-Commerce is an industry which is growing at a rapid rate.

And there can be various instances where creation and invention of
someone can be accessible without even giving the person enough
credit, labor and money is not given to the inventor.

2. salient features of IT ACT 2000 ap22,21,oc 22,23

Synopsis

➢ Introduction
➢ .
➢ .
➢ .
➢ .
➢ Conclusion

Introduction:

The Information Technology Act, 2000 or ITA, 2000 or IT Act,

was notified on October 17, 2000. It is the law that deals with
cybercrime and electronic commerce in India. In this article, we
will look at the objectives and features of the Information
Technology Act, 2000.

Information Technology Act, 2000

In 1996, the United Nations Commission on International Trade

Law (UNCITRAL) adopted the model law on electronic commerce (e-
commerce) to bring uniformity in the law in different countries.

Further, the General Assembly of the United Nations recommended

that all countries must consider this model law before making
changes to their own laws. India became the 12th country to

Page 52 of 101
Intellectual property Rights-1(IPR-1)

enable cyber law after it passed the Information Technology Act,

2000.

While the first draft was created by the Ministry of Commerce,

Government of India as the ECommerce Act, 1998, it was
redrafted as the ‘Information Technology Bill, 1999’, and passed in
May 2000.

Schedule of Information Technology Act, 2000

The Act is divided into 13 chapters, 90 sections and 2 schedules.

The following are the chapters under the Act:

Chapter 1 deals with the applicability of the Act and definitions of

various terminologies used in the Act.

Chapter 2 talks about digital and electronic signatures.

Electronic governance and electronic records are given under

Chapters 3 and 4 respectively.

Chapter 5 is related to the security of these records and Chapter

6 deals with regulations of certifying authorities.

Chapter 7 further gives the certificates needed to issue an

electronic signature.

Chapter 8 gives the duties of subscribers and Chapter 9 describes

various penalties.

Chapter 10 provides sections related to the Appellate Tribunal.

Chapter 11 describes various offences related to breach of data

and their punishments.

Chapter 12 provides the circumstances where the intermediaries

are not liable for any offence or breach of data privacy.

Page 53 of 101
Intellectual property Rights-1(IPR-1)

The final chapter, i.e., Chapter 13 is the miscellaneous chapter.

The 2 schedules given in the Act are:

Schedule 1 gives the documents and data where the Act is not
applicable.

Schedule 2 deals with electronic signatures or methods of

authentication.

Objectives of the Act

The Information Technology Act, 2000 provides legal recognition to

the transaction done via electronic exchange of data and other
electronic means of communication or electronic commerce
transactions.

This also involves the use of alternatives to a paper-based method

of communication and information storage to facilitate the
electronic filing of documents with the Government agencies.

Further, this act amended the Indian Penal Code 1860, the Indian
Evidence Act 1872, the Bankers’ Books Evidence Act 1891, and the
Reserve Bank of India Act 1934. The objectives of the Act are as
follows:

Grant legal recognition to all transactions done via electronic

exchange of data or other electronic means of communication or e-
commerce, in place of the earlier paper-based method of
communication.

Give legal recognition to digital signatures for the authentication of

any information or matters requiring legal authentication

Facilitate the electronic filing of documents with Government

agencies and also departments

Page 54 of 101
Intellectual property Rights-1(IPR-1)

Facilitate the electronic storage of data

Give legal sanction and also facilitate the electronic transfer of

funds between banks and financial institutions

Grant legal recognition to bankers under the Evidence Act, 1891

and the Reserve Bank of India Act, 1934, for keeping the books of
accounts in electronic form.

Features of the Information Technology Act, 2000

➢ All electronic contracts made through secure electronic

channels are legally valid.
➢ Legal recognition for digital signatures.
➢ Security measures for electronic records and also digital
signatures are in place
➢ A procedure for the appointment of adjudicating officers for
holding inquiries under the Act is finalized
➢ Provision for establishing a Cyber Regulatory Appellant
Tribunal under the Act. Further, this tribunal will handle all
appeals made against the order of the Controller or
Adjudicating Officer.
➢ An appeal against the order of the Cyber Appellant Tribunal is
possible only in the High Court
➢ Digital Signatures will use an asymmetric cryptosystem and
also a hash function
➢ Provision for the appointment of the Controller of Certifying
Authorities (CCA) to license and regulate the working of
Certifying Authorities. The Controller to act as a repository
of all digital signatures.
➢ The Act applies to offences or contraventions committed
outside India

Page 55 of 101
Intellectual property Rights-1(IPR-1)

➢ Senior police officers and other officers can enter any public
place and search and arrest without warrant
➢ Provisions for the constitution of a Cyber Regulations Advisory
Committee to advise the Central Government and Controller.

Applicability and Non-Applicability of the Act

Applicability

According to Section 1 (2), the Act extends to the entire country,

which also includes Jammu and Kashmir. In order to include Jammu
and Kashmir, the Act uses Article 253 of the constitution.
Further, it does not take citizenship into account and provides
extra-territorial jurisdiction.

Section 1 (2) along with Section 75, specifies that the Act is
applicable to any offence or contravention committed outside India
as well. If the conduct of person constituting the offence involves
a computer or a computerized system or network located in India,
then irrespective of his/her nationality, the person is punishable
under the Act.

Lack of international cooperation is the only limitation of this

provision.

Non-Applicability

According to Section 1 (4) of the Information Technology Act,

2000, the Act is not applicable to the following documents.

➢ Execution of Negotiable Instrument under Negotiable

Instruments Act, 1881, except cheques.
➢ Execution of a Power of Attorney under the Powers of
Attorney Act, 1882.
➢ Creation of Trust under the Indian Trust Act, 1882.

Page 56 of 101
Intellectual property Rights-1(IPR-1)

➢ Execution of a Will under the Indian Succession Act, 1925

including any other testamentary disposition by whatever name
called.
➢ Entering into a contract for the sale of conveyance of
immovable property or any interest in such property.
➢ Any such class of documents or transactions as may be
notified by the Central Government in the Gazette.

Shreya Singhal v. Union of India" case. In 2015, the Supreme

Court of India declared Section 66A of the IT Act
unconstitutional, emphasizing the importance of protecting freedom
of speech on the internet. This landmark judgment clarified the
limitations on governmental power in regulating online content.

Conclusion:

The Act is a step toward protecting the data and sensitive

information stored with the intermediaries online. It gives various
provisions which benefit the citizens and protect their data from
being misused or lost.

3. Cyber crime? Different types of cyber crime? Ap23,oc22

Synopsis

➢ Introduction
➢ .
➢ .
➢ .
➢ Conclusion

Introduction

Computers and the internet are arguably the most influential

inventions the world has ever seen. Computers multiplied the speed

Page 57 of 101
Intellectual property Rights-1(IPR-1)

of humans to accomplish any task. On the other hand, the internet

revolutionalised our connectivity to each other. The introduction of
computers and the internet have transformed our lives so
tremendously that we can not imagine our daily lives without them
now.

What are cyber crimes

Cyber crimes are crimes that involve criminal activities done

through cyberspace by devices connected to the internet. At
times, cyber crimes are also called ‘computer crimes’. Most
cybercriminals commit cyber crimes with mainly three motives-
monetary, personal, or political.

Though cyber crimes do not physically affect anyone, they tend to

seriously harm the reputation, finances, and privacy of the
targetted persons. Further, another crucial characteristic of cyber
crimes is the determination of jurisdiction. Since the identity of
the cybercriminal can be completely erased and mostly stays
concealed in cyberspace, it is very difficult to identify him/ her.
Also, cybercriminals may launch cross-border cyber attacks. For
instance, a person situated in a country that prohibits pornography
may access pornographic content that is located on a computer in a
country where it is not banned at all. In such cases, it is very
difficult to determine the liability of the person.

As far as India is concerned, the term cybercrime is not defined

under any legal provision. However, different types of cyber crimes
are illustrated under the Information Technology Act,
2000 (hereinafter referred to as ‘the IT Act’.) Further, certain
provisions of the Indian Penal Code, 1860 (hereinafter referred to
as ‘the IPC’) are applicable to various cyber crimes also. These
cyber crimes-related legal provisions under the IT Act and IPC

Page 58 of 101
Intellectual property Rights-1(IPR-1)

apply to different types of cyber crimes, though their specific

names are not mentioned therewith.

Classification of cyber crimes

Thanks to the expanding cyberspace, various types of cyber crimes

are committed worldwide. The major objective of committing such
crimes is to gather confidential data from people and use it for
monetary, political, or personal motives.

Generally, almost all cyber crimes can be classified under three

heads, depending on the groups they are targetted at. The heads
are:

➢ cyber crimes against individuals,

➢ cyber crimes against organizations, and
➢ cyber crimes against society at large.
➢ Different types of cyber crimes that fall under the above-
mentioned categories are explained below.
➢ Cyber crimes against individuals

Generally, ordinary individuals are the most vulnerable targets of

cybercriminals. This is due to various reasons like lack of
information, guidance, and cyber-security. As per a
recent report published by Norton, 44% of individuals consider
themselves as ‘worthwhile targets’ for hackers.

The following are some of the main cyber crimes committed

targeting individuals.

Cyberbullying

The term cyberbullying is not defined under any Indian law.

However, in general parlance, cyberbullying refers to bullying
someone by threatening, harassing or embarrassing the victim using

Page 59 of 101
Intellectual property Rights-1(IPR-1)

technology digital device. Generally, cyberbullying includes the

following activities on the internet:

➢ Humiliating/embarrassing content posted online about the

victim of online bullying,
➢ Hacking social media accounts
➢ Posting vulgar messages on social media
➢ Threatening the victim to commit any violent activity
➢ Child pornography or threatening someone with child
pornography

In India, a whopping amount of almost 85% of children experiences

cyberbullying. There are no specific provisions that deal with
cyberbullying. Section 67 of the IT Act is the closest legal
provision relating to cyberbullying. It penalises anyone who
transmits obscene materials in electronic form. The punishment for
such transmission is imprisonment for a term which may extend to
five years and a fine which may extend to ten lakh rupees.

Also, Section 66E of the IT Act provides the punishment for

violating any person’s privacy through the internet. Under this
section, any person who intentionally violates anyone’s privacy by
transmitting, capturing or publishing private pictures of others shall
be punished with imprisonment up to three years imprisonment or a
fine of up to three lakhs.

Further, Section 507 of IPC provides that any person who

threatens anyone through anonymous communication shall be
punished with imprisonment for up to two years.

One of the prime cases in which cyberbullying was discussed

was Shreya Singhal v. Union of India (2015). In this case, the
Hon’ble Supreme Court struck down Section 66A of the IT Act.

Page 60 of 101
Intellectual property Rights-1(IPR-1)

The said Section dealt with the transmission of objectionable

messages via a computer resource. The court held that the said
Section was a violation of Article 19(1)(a) of the Indian
Constitution, which deals with citizens’ right to freedom of speech
and expression. The court further held that other legal provisions
like Sections 66B and 67C of the IT Act and several Sections of
the IPC were sufficient enough to deal with cyberbullying.

Cyberstalking

Browsing anyone’s internet history or online activity, and sending

obscene content online with the help of any social media, software,
application, etc. to know about that particular person is called
cyberstalking. Cyberstalkers take advantage of the
inconspicuousness provided by the internet. They are generally not
detectable by the victim, as it is very easy for cyberstalkers to
open spam accounts just to stalk any person; once the stalker
deletes the account, his/ her identity completely vanishes.

In India, in the year 2020, the state of Uttar Pradesh witnessed

the highest number of cyberstalking incidents against women and
children, with around 11 thousand registered cases.

Section 67 of the IT Act punishes cyber stalkers who send, cause

to send, or publish obscene posts or content on electronic media
with imprisonment of up to three years and a fine.

Section 354D of IPC deals with stalking. But it is relevant to

cyberstalking as well. Under the Section, any cyber stalker is
punishable with imprisonment up to three years and a fine.

Cyber defamation

Page 61 of 101
Intellectual property Rights-1(IPR-1)

Cyber defamation means injuring the other person’s reputation via

the internet through social media, Emails etc. There are two types
of Cyber defamation: libel and slander.

Libel: It refers to any defamatory statement which is in written

form. For instance, writing defamatory comments on posts,
forwarding defamatory messages on social media groups, etc. are a
part of cyber defamation in the form of libel.

Slander: It refers to any defamatory statement published in oral

form. For instance, uploading videos defaming someone on YouTube
is a part of cyber defamation in the form of slander.

Punishment for Cyber defamation is provided under Section 67 of

the IT Act; whoever publishes or transmits a defamatory
statement about a person shall be punished with 2 years
imprisonment and a fine up to ₹25000.

Phishing : Phishing refers to the fraudulent practice of sending

emails under the pretext of reputable companies to induce
individuals to reveal personal information, such as passwords, credit
card numbers, etc., online. Phishing refers to the impersonation of
a legitimate person and fraudulently stealing someone’s data.
Through phishing attacks, cybercriminals not only exploit innocent
individuals but also spoil the reputation of well-known companies.

Section 66C of the IT Act penalises any offender committing

phishing-related activities. It provides that anyone who
fraudulently uses an electronic signature, password or any other
unique identification feature of any other person is punishable with
imprisonment of up to three years and a fine of up to rupees one
lakh.

Cyber fraud

Page 62 of 101
Intellectual property Rights-1(IPR-1)

As the name suggests, cyber fraud refers to any act of fraud

committed with the use of a computer. Any person who dishonestly
uses the internet to illegal deceive people and gets personal data,
communication, etc. with a motive to make money is called a cyber
fraud.

Examples of cyber fraud include sending emails containing fake

invoices, sending fake emails from email addresses similar to the
official ones, etc.

There is no specification for cyber fraud. But Section 420 of IPC

which deals with cheating applies to cyber fraud also. Punishment
for cyber fraud under Section 420 of IPC is imprisonment of up to
seven years with a fine.

Cyber theft

Cyber theft is a type of cybercrime which involves the

unauthorized access of personal or other information of people by
using the internet. The main motive of the cyber criminals who
commit cyber theft is to gather confidential data like passwords,
images, phone numbers, etc. and use it as leverage to demand a
lumpsum amount of money. The unauthorized transmission of
copyrighted materials, trademarks, etc. over the internet is also a
part of cyber theft. Cyber thefts are committed through various
means, like hacking, email/ SMS spoofing, etc.

Yahoo!, Inc. v. Akash Arora (1999), which was one of the initial
cases related to cyber theft in India. In this case, the defendant
was accused of using the trademark or domain name
‘yahooindia.com,’. The Court ordered a permanent injunction under
Order 39 Rules 1 & 2 CPC in this case.

Page 63 of 101
Intellectual property Rights-1(IPR-1)

Under the IT Act, data theft is defined under Section 43(b) as

downloading, copying, or extracting any data, computer database or
information from such computer, system, or network without the
permission of its owner. Punishment for cyber theft (specifically,
identity theft) is provided under Section 66C of the IT Act. The
punishment for the same is imprisonment of up to three years
and/or up to Rs 2 lakh fine.

Spyware

Spyware is a type of malware or malicious software, when it is

installed it starts accessing and computing the other person’s
device without the end user’s knowledge. The primary goal of this
software is to steal credit card numbers, passwords, One-Time
Passwords (OTPs), etc.

Punishment for spyware is provided under Section 43 of the IT

Act. It states that if any person damages the computer, system,
etc. of any other person without his/ her permission, he/ she shall
be liable to pay damages by way of compensation to the person so
affected.

Cyber crimes against organizations

The cyber crimes mainly targeting individuals may help

cybercriminals get only a meagre amount of ransom, depending on
the financial status of the targeted individuals. On the other hand,
cyber-attacking large companies or organisations can help them get
their hands on extremely confidential data of both private and
public institutions or entities. Cyber attacks on organizations are
generally launched on a large scale to get a lump sum amount of
ransom. Since such attacks drastically damage the companies’ daily
operations, most companies try to resolve them as fast as possible.

Page 64 of 101
Intellectual property Rights-1(IPR-1)

The following are the kinds of cyber crimes launched targeting

organizations.

Attacks by virus

A computer virus is a kind of malware which connects itself to

another computer program and can replicate and expand when any
person attempts to run it on their computer system. For example,
the opening of unknown attachments received from malicious emails
may lead to the automatic installation of the virus on the system in
which it is opened. These viruses are extremely dangerous, as they
can steal or destroy computer data, crash computer systems, etc.
The attackers program such malicious viruses to get hold of
organisations’ official or confidential data. The illegally retrieved
data is then used as leverage to extort ransom from the
organisations.

There are no specific provisions as to virus attacks in India.

Nevertheless, Section 383 of IPC, which deals with extortion, is
applicable to virus attacks. The Section states that whoever
intentionally puts any person in fear of any injury to him or anyone
else, and dishonestly induces the person so put in fear to deliver to
any property or valuable security, or anything signed or sealed
which may be converted into a valuable security, commits
‘Extortion’. The punishment for extortion under Section 384 of IPC
is imprisonment for up to three years, or fine, or both.

Salami attack

It is one of the tactics to steal money, which means the hacker

steals the money in small amounts. The damage done is so minor
that it is unnoticed. Generally, there are two types of Salami
attacks- Salami slicing and Penny shaving. In Salami slicing, the

Page 65 of 101
Intellectual property Rights-1(IPR-1)

attacker uses an online database to obtain customer information,

such as bank/credit card details. Over time, the attacker deducts
insignificant amounts from each account. These sums naturally add
up to large sums of money taken from the joint accounts invisibly.

Any person convicted of a Salami attack shall be punished

under Section 66 IT Act with imprisonment up to three years or a
fine up to 5 lakhs or maybe both

Web Jacking

Web Jacking refers to the illegal redirection of a user’s browser

from a trusted domain’s page to a fake domain without the user’s
consent. By using the method of Web Jacking, people visiting any
well-known or reliable website can be easily redirected to bogus
websites, which in turn lead to the installation of malware, leak of
personal data, etc. Web jackers intend to illegally collect
confidential information of users by enticing them to click on any
link which may seem genuine at the first glance.

There are no specific provisions dealing with web jacking under any
Indian law. However, it can be punished under Section 383 of IPC,
which primarily deals with extortion. The punishment for web
jacking under Section 383 of IPC is imprisonment of up to three
years or with a fine, or both.

Denial of Service Attack

Denial of Service Attack or DoS, is a cyber attack on computer

devices or systems, preventing the legal users or accessors of the
system from accessing them. The attackers generally attack
systems in such a manner by trafficking the targeted system until
it ultimately crashes. DoS attacks cost millions of dollars to the
corporate world, as it curbs them from using their own systems and

Page 66 of 101
Intellectual property Rights-1(IPR-1)

carrying out their activities. The attack may be also used to

incorporate ransomware into corporate systems.

Cyber attackers who launch DoS in India are punishable under

Section 66F of the IT Act, which deals with cyber terrorism. As
per the said Section, any person who disrupts the authorised
access to a computer resource or gets access to a computer
resource through unauthorised means or causes damage to a
computer network is liable for imprisonment which may extend for
life.

Data diddling

Data diddling is a cyber crime which involves the unauthorized

alteration of data entries on a computer. It may be done either
before or during the entry of such data. It is generally committed
by way of computer virus attacks. At times, to conceal the
alteration, the altered data is changed to its original data after
retrieving the required information. Usually, the strategic or
statistical data of large companies.

In India, data diddling is an offence under Section 65 of the IT

Act. The said Section provides that knowingly or intentionally
concealing, destroying, altering or causing another to conceal,
destroy, or alter any computer source code used for a computer,
computer programme, computer system or computer network is
punishable with imprisonment of up to three years or with fine of
up to two lakhs.

Cyber crimes against society at large

Apart from the cyber crimes committed targeting individuals in

society, various other cyber attacks are launched against the
community at large. Such cyber crimes may be aimed either against

Page 67 of 101
Intellectual property Rights-1(IPR-1)

any particular section of society or the entire country. The

following are a few types of cyber crimes against the community at
large.

Cyber pornography

As per Merriam-Webster Dictionary, pornography is the depiction

of erotic behaviour (as in pictures or writing) intended to cause
sexual excitement. Accordingly, cyber pornography refers to using
the internet to display, distribute, import, or publish pornography
or obscene materials.

Under the IT Act, provisions as to cyber pornography are given

under Section 67 of the IT Act. It states that the following
activities are punishable with imprisonment of up to 3 years and a
fine of up to 5 lakhs:

Uploading pornographic content on any website, social media, etc.

where third parties may access it.

Transmitting obscene photos to anyone through email, messaging,

social media, etc.

Cyber terrorism

Cyber terrorism means using cyberspace to hurt the general public

and damage the integrity and sovereignty of any country. The IT
Act defines cyber terrorism under Section 66F as any acts done by
a person with the intent to create a threat to the unity, integrity,
sovereignty and security of the nation or create terror in minds of
people or section of people by way of disrupting the authorised
access to a computer resource or getting access to a computer
resource through unauthorised means or causing damage to a
computer network.

Page 68 of 101
Intellectual property Rights-1(IPR-1)

Cyber terrorism is generally carried out in the following ways:

➢ Hacking government-owned systems of the target country and

getting confidential information.
➢ Destructing and destroying government databases and backups
by incorporating viruses or malware into the systems.
➢ Disrupting government networks of the target nation.
➢ Distracting the government authorities and preventing them
from focusing on matters of priority.
➢ The punishment for cyber terrorism as provided under Section
66F of the IT Act is imprisonment of up to 3 years and/or up
to Rs 2 lakh fine.

Cyber Espionage

According to Merriam-Webster Dictionary, espionage is “the

practice of spying or using spies to obtain information about the
plans and activities especially of a foreign government or a
competing company.” Similarly, cyber espionage refers to the
unauthorized accessing of sensitive data or intellectual property for
economic, or political reasons. It is also called ‘cyber spying’.

In most cases of cyber espionage, spies in the form of hackers are

deliberately recruited to launch cyber attacks on the government
systems of enemy nations to stealthily collect confidential
information. The cross-border exposure of sensitive data related
to any country can continue as long as it stays undetected. The
information gathered through cyber espionage is then used by the
gathering country to either combat or launch military or political
attacks on the enemy country.

Generally, the following data are gathered through cyber

espionage:

Page 69 of 101
Intellectual property Rights-1(IPR-1)

➢ Military data
➢ Academic research-related data
➢ Intellectual property
➢ Politically strategic data, etc.

Though cyber espionage has serious consequences, unfortunately,

there are no specific provisions related to it under any Indian law.
However, cyber spies may be punished under Section 120A of IPC,
which deals with criminal conspiracy. It provides that when two or
more persons agree to do, or cause to be done, –

➢ an illegal act, or
➢ an act which is not illegal by illegal means, such an agreement
is designated a criminal conspiracy.

The punishment of criminal conspiracy is provided under Section

120B of IPC as a death sentence, imprisonment for life, and
rigorous imprisonment for at least 2 years.

Further, any Indian who abets cyber espionage against India can
be also punished under Section 121 of IPC, which deals with
waging, attempting, or abetting waging war against the Government
of India. The punishment prescribed for the same is the death
sentence, imprisonment for life, and a fine.

Conclusion

Cybercrime is a massive threat to any country. It has the

threatening potential to trigger national unrest, financial crisis, the
shutdown of services, etc. In 2020 alone India witnessed a
whopping number of fifty thousand registered cyber crimes. These
cyber crimes adversely affect the lives of thousands of innocent
individuals, companies, and governments.

Page 70 of 101
Intellectual property Rights-1(IPR-1)

4. Explain E governance & E signature certificate? Ap23

Synopsis

➢ Introduction
➢ .
➢ .
➢ .
➢ Conclusion

Introduction

Computers and the internet are arguably the most influential

inventions the world has ever seen. Computers multiplied the speed
of humans to accomplish any task. On the other hand, the internet
revolutionalised our connectivity to each other. The introduction of
computers and the internet have transformed our lives so
tremendously that we can not imagine our daily lives without them
now.

Meaning of E governance

The e in e governance stands for electronic Governance refers to

lawful rules for management, control and administration. E
governance is a public sector, use of information and communication
technologies with aim of improving information and service delivery
encouraging the citizen to participate in decision making process
and making the government more accountable, transparent and
effective.

E governance generally considered as a wider concept than E

government, since it bring change in the way of citizen, relate to
government and to each other. E governance can bring the concept

Page 71 of 101
Intellectual property Rights-1(IPR-1)

of citizenship. It's objectives is to enable, engage and empower

the citizen.

E governance means application of electronic means in the

interaction between:

➢ Government and citizen

➢ Citizen and government
➢ Government and business
➢ Business and government
➢ Internal government operation

Objectives of E governance:

E governance is not only providing information about the various

activities and organisations of the government but it involves
citizens to communicate with government and participate in
decisions-making process.

Putting government rules and regulations online.

➢ Putting information relating to government plans, budget,

expenditures and performances online.
➢ Putting online key judicial decision like environment decision
etc, which is important for citizen and create precedence for
future actions.
➢ Making available contact addresses of local, regional, national
and international officials online.
➢ Filing of grievances and recieving feedback from the citizens.
➢ Making available the reports of enquiry committees or
commission online.

How E governance is different from E government?

Page 72 of 101
Intellectual property Rights-1(IPR-1)

E governance is a broader concept that deals with the whole

spectrum of the relationship and network within the government
regarding the usage and application of ICT (Information and
communication technologies).

E government is a narrower discipline dealing with the development

of online government services to the citizen and buisnesses such as
E tax, E transportation, E participation amongst others.

E governance under IT Act, 2000: Electronic governance dealt

under sections 4 to 10A of the IT act, 2000.
Legal recognition of record (section 4):

where any law requires that any information should be in the

typewritten or printed form then such requirement shall be deemed
to be satisfied if it is an electronic form. Therefore, section 4
confers validity on electronic record.

Legal recognition of electronic signatures ( section 5):

Where any law provides that only information or other matters

shall be authenicated by affixing the signature or any document
shall be signed or bear the signature of any person, then such
information or matter is authenicated by means of electronic
signature affixed in such manner as may be prescribed by the
central government.

Use of electronic records and electronic signature in government

and it's agencies (section 6):

The filling of any form, application or other documents, creation,

retention or perseverance of record, issue or grant of any license

Page 73 of 101
Intellectual property Rights-1(IPR-1)

or permit or payment in government offices and it's agencies may

be done through the means of electronic form.

Delivery of services by service provider (section 6A):

For the purpose of E governance and for efficient delivery of

services to public through electronic means the appropriate
government may, by notification in the official gazette authorize
any service provider to set up, maintain and perform such other
services as as it may specify.

Retention of electronic records (section 7):

The documents, records or information which to be retained for

any specified period shall be deemed to have been retained if the
same is retained in the electronic form provided the following
conditions are satisfied:

The information remains accessible so as to be usable subsequently.

The electronic records is retained in its original format which

accurately represent the information contained.

The detail which will facilitate the identification of the orgin,

destination, dates and time of receipt of such electronic records
are available there in.

Audit of documents etc. Maintained in electronic form (section 7A):

where any law for time being in force contains provision for audit
of documents, record or information, then such provision shall also
be applicable for audit of documents, records or information
processed and maintain in electronic records.

Publication of rule, regulation etc in electronic gazette (section 8):

Page 74 of 101
Intellectual property Rights-1(IPR-1)

Where any law provides that any rule, regulation, order, bye law,
notification or any other matter shall be published in official
gazette, then such requirements shall be deemed to have been
satisfied if such rule, regulation, order, bye law , notification or
any other matter is published in official gazette or electronic
gazette.

No right to insist government office etc to interact in electronic

form (section 9):

No right is conferred upon any person to insist any ministry or

department of central government or state government or any
authority under any law or controlled or funded by central or state
government should accept, issue, create, retain and preserve any
documents in the form of electronic records or effect any
monetary transaction in the electronic form.

Power to make rules by central government in respect of electronic

signature (section 10):

The central government may prescribe:

➢ The type of electronic signature.

➢ The manner and format in which electronic signature should be
affixed.
➢ The manner which facilitates identification of the person
affixing the electronic signature.
➢ Control processes and procedure to ensures adequate
integrity, security and confidential of electronic records or
payment.
➢ Any other matter which is necessary to give legal effect to
electronic signatures.

Some E Governance Projects In India:

Page 75 of 101
Intellectual property Rights-1(IPR-1)

In India, the main thrust for E governance was provided by the

launching of NICNET in 1987- The National Satellite Based
computer Network. This was followed by the launch of district
information system of national informatics centre programme to
computerized all district offices to the sate government.

Parliament of Indian website:

Website of indian parliament carries information of the parliament,
the constitution of India, various budgets, resume of work,
parliamentary debates, committee and members of the house and
links to other central and state government website.

E governance centre at haryana secretariat:

The haryana govt has set up E governance centre at the
secretariat to effectively monitor information technology in the
state. /=

Bhoomi:
This project was started by the state of karnatka which involves
computerization of more than 200 treasuries all over the state and
it was mainly for computerization of land record system.

Conclusion:

3. Explain Internet policy of govt of India? Ap21

Synopsis

Page 76 of 101
Intellectual property Rights-1(IPR-1)

➢ Introduction
➢ .
➢ .
➢ .
➢ Conclusion

Introduction:

The development of technology and the dynamism of the legal

system offer an insight into privacy and data security concerns in
this recent period. Privacy has become a concern of any person as
a result of technological progress, and it also puts a limited focus
on data security. Intellectual Property Rights (IPR) management is
an integral aspect of every data management program.

What are some of the important data protection laws in India

personal information is a manifestation of the individual’s

personality, Indian courts, including the Supreme Court of India,
have recognized that the right to privacy is an essential part of
the right to life and personal liberty, a fundamental right granted
to every citizen under the Constitution of India.

Information Technology Act, 2000(“IT Act”): The responsibility of

the organizations is further reduced in Section 79 by including the
conditions for “information” and “best efforts” before the quantum
of penalties. A variety of provisions relating to ‘data protection’
have been incorporated like Section 43, Section 43A, and Section
72A of the act talks specifically about data security.

Intellectual Property Laws: The Indian Copyright Act provides for

compulsory prosecution for the infringement of intellectual content
concerning the seriousness of the offense. Section 63B of the
Indian Copyright Act provides that anyone who intentionally makes

Page 77 of 101
Intellectual property Rights-1(IPR-1)

use of an infringing copy of a computer program on a computer

shall be imprisoned for a minimum duration of six months and a
maximum of three years in jail.

Indian Penal Code, 1860: Indian Criminal Law does not explicitly
discuss data privacy infringements. Responsibility for these
infringements must be derived from similar offenses under the
Indian Penal Code. For example, Section 403 of the Indian Penal
Code imposes a criminal penalty for dishonest misuse or conversion
of “movable property” for one’s usage.

Credit Information Companies Regulation Act, 2005(“CICRA”): the

CICRA has defined a strict structure for information on credit and
finance for individuals and companies in India. The Reserve Bank of
India has recently notified the terms of the CICRA Regulations
providing for strict data privacy rules.

Importance of data licensing:

While similar to other types of IP licenses in certain respects,

data licenses have several unique licensing issues, such as:

➢ Ownership of and use of data

➢ The processing of source derived and use information

For example, if a seller processes and generates data from the

customers ‘ data relating to the provision of services to the
customer by the seller, the parties will probably have a conflicting
interest. In this case, the vendor may wish to analyze and use
customer data to provide customer services or if possible processes
and aggregates customer information for commercial use, by
creating new products and services, by use of processed data to
improve internal operations, products, or services or by authorized

Page 78 of 101
Intellectual property Rights-1(IPR-1)

third parties to use the data. In general, the customer would like
to keep their data confidential.

Public domain dedication license

Public information or publicly available content is not only publicly

available, publicly-accessible, or publicly accessible in the public
domain. The reproduction of information that is publicly available
would ordinarily require a license, unless (a) public information was
publicly available from a copyright standpoint, (b) the relevant
statute was explicitly exempted from alleged infringement by
unauthorized reproduction, (c) copyright by the unauthorized
principle of copyright.

Attribution license

This license enables others to distribute, adapt, and build on your

work, even commercially, as long as the original creation is credited
to you.

Open database license

This license agreement allows users to freely share, modify, and

use data while maintaining the same freedom for others.

Data privacy and current legislations in India

Proprietary rights are covered both by the Constitution of India

and by various legislative provisions. Article 21, for example, has
two parts, i.e. the personal aspect of the right to privacy and the
commercial dimension of the right to livelihood. Data privacy is a
vital means of subsistence and can not be taken away without due
process of law. Where the same is breached by any individual,
liability can be sought following Article 21.

Page 79 of 101
Intellectual property Rights-1(IPR-1)

Likewise, Article 300A of the Constitution confers on all individuals

the right to possess and enjoy their land. Therefore, a person can
not be deprived of his property except by the force of law. Any
violation of this right can be prosecuted by a court of law.

The Information Technology Act, 2000 defines the data referred

to in Section 2(1)o) as a representation of information, knowledge,
facts, concepts or instructions which are prepared or prepared in a
formalized manner and which are intended to be stored, stored or
processed in a computer system or computer network and may be in
any form (including computer printouts, magnets, etc.). In the
same way, the term computer database means a representation of
information, knowledge, facts, concepts or instructions in text,
image, audio, video that are prepared or prepared in a formalized
manner or generated by a computer, computer system or computer
network and intended for use in a computer, computer system or
computer network. The concepts of data and computer records,
along with the requirements on their security and compliance, are
adequate to tackle data property infringements in cyberspace.

Section 2(o) of the Copyright Act, 1957 specifies that, unless the
purpose otherwise requires, literary work contains computer
programs, tables, and compilations, including computer databases.
The Copyright Act, 1957, therefore, also provides for the
protection of data content. The same is evident if we give an
objective and up-to-date interpretation of the provisions of the
Copyright Act.

TRIPS agreement and data protection:

The TRIPs Agreement acknowledges the security of ‘data’ in Article

10(2) of the TRIPs Agreement. Article 10(2) of the Agreement
specifies that ‘data compilation’ or ‘other material,’ whether in

Page 80 of 101
Intellectual property Rights-1(IPR-1)

machine-readable or in any other form, which ‘because of the

selection or arrangement’ of its contents constitutes intellectual
production, shall be covered as such.

However, it should be noted that Article 19 freedoms, including

Article 19(1)(a), are only applicable to the people of India. Indian
people. Under this article, an alien or foreigner doesn’t have any
rights as he is not an Indian citizen. Therefore, to give immunity
to non-citizens, Article 21, which is available to any citizen or
non-citizen, needs to be contingent and implemented.

In another area, the Securities and Exchange Board of India Act

(1992) establishes the Securities and Exchange Board of India
(SEBI) to govern and regulate the use of individual credit
information.

The government introduced in December 2019, in Parliament, the

Personal Data Security Bill (DPB), to establish the first cross-
sectoral data protection legal structure in India.

In the landmark judgment of Justice K.S.Puttaswamy(Retd) Vs.

Union Of India, the ‘Aadhaar Card Scheme’ was challenged in this
case on the basis that it violates a constitutional right to privacy
enshrined in Article 21 of the India Constitution to collect and
collect demographic and biometric data on the country’s citizens for
various purposes. The judgment notes that private life will form an
integral part of Part III of the Indian Constitution, which
recognizes citizens’ fundamental rights.

The decision in Kharak Singh V. State of UP to the extent that it

considers that the right to privacy is not protected by the
Constitution is also overruled;

Page 81 of 101
Intellectual property Rights-1(IPR-1)

Under Article 21 of the Indian constitution, the right to privacy is

guaranteed as an intrinsic part of the right to life and personal
freedom and as part of the freedoms enshrined in Part III of the
Constitution.

Conclusion

Data protection is a fundamental human right and computer

systems contain large amounts of sensitive data.

4. Essentials of E-contracts? 10m, oc23

Synopsis

➢ Introduction
➢ .
➢ .
➢ .
➢ Conclusion

Introduction

Like how everything in this world is becoming digitalized to meet

the requirements of this fast-paced world, the traditional pen and
paper contracts have now taken the form of the new age E-
Contracts. From the simple household gasoline form registration to
the much-complicated patent registrations, everything is happening
at the click of the mouse.

What is an electronic contract (e-contract)

Section 2(h), of the Indian Contract Act, 1872, tells us that the
term ‘contract’ is an agreement that is enforceable under the law.
Interestingly, in the case of an E-Contract, the essence of Section
2(h) is still sustained by only tweaking the mode in which the
Contract comes into existence.

Page 82 of 101
Intellectual property Rights-1(IPR-1)

Hence, an E-Contract is an agreement that is enforceable under

the law and is in all respects drafted, negotiated, and executed
digitally.

What is the legal validity of an e-contract

In order to further understand as, how is an E-Contract legally

recognized under Indian Law it is imperative to emphasize the
nexus between Section 10 of the Indian Contract Act,1872 and
Section 10-A of the Information Technology Act, 2000.

Section 10 of the Indian Contract Act, 1872 provides the crucial

pre-requisites for a Contract to be legally valid. It is mandatory
that a Contract satisfies the essentials specified in Section 10 of
the Contracts Act, i.e.,

➢ Offer
➢ Acceptance to Offer
➢ Consensus ad Idem
➢ Lawful Consideration

The nexus between Section 10 of the Indian Contract Act and

Section 10(A) of the Income Tax Act is that, when an E-Contract
satisfies all the essentials under Section 10 of the Indian Contract
Act, then as per Section 10-A of the Income Tax Act, it’s legal
authenticity cannot be relinquished only for the plain condition that
it was digitally conceived and executed.

Consequently, when an agreement meets all the essential conditions

of a contract, it cannot be denied validity only for the mere reason
that it was electronically formulated. In a nutshell, E-Contracts
are enforceable by law and considered valid contracts.

Indian Evidence Act and e-contracts

Page 83 of 101
Intellectual property Rights-1(IPR-1)

Section 65 B of the Indian Evidence Act, 1872, reinforces the

validity of Electronic Contracts. Section 65 B pronounces that, any
information that is contained in an electronic record that is either
printed on a paper, stored, recorded, or copied in an optical or
magnetic media produced by a computer is deemed to be a
document when the conditions mentioned in this section are
satisfied it shall be admissible as evidence without further proof or
production of the original.

Kinds of e-contracts

E-contracts are specific to the nature of the business. There are

various types of E-Contracts executed depending on the structure
of the business. The amalgamation of the conventional contracts
with the proficiency of technology constitutes an E-Contract. Below
are a few of the most common types of E-Contracts:

➢ Shrink Wrap Agreements

➢ Clickwrap Agreements
➢ Browse Wrap Agreements
➢ Scroll Wrap Agreements
➢ Sign-In Wrap Agreements

Shrink Wrap Agreements

Shrink Wrap agreements are the End User License Agreements

(EULA) or Terms and Conditions, which are packaged with the
products. The technique of enclosing the product in a plastic wrap
is called Shrink Wrap which declares that the customer purchasing
it is bound by the EULA.

Usage of the product is deemed acceptance by the user.

Interestingly, the acceptance is by default once the product is

Page 84 of 101
Intellectual property Rights-1(IPR-1)

purchased along with the packaging being ripped and utilized. An

example of Shrink Wrap Agreements is Software Drives.

Clickwrap Agreements

Clickwrap agreements are a form of agreement used for software

licensing, websites, and other electronic media. When the user logs
in to a website the terms and conditions or the privacy policies of
the website are to be accepted by the user as legal consent.

The user clicks “I Agree” to be bound by the legal obligations.

Some prominent examples of Click Wrap agreements are Amazon,
Flipkart, and Make My Trip.

Browse Wrap Agreements

Browse Wrap Agreements are online contract or license agreements

commonly used in website notices or mobile applications. The terms
and conditions are provided in a ‘Hyperlink’ in some part of the
website which is not beforehand intimated to the user.

There is no procedure to assent or reject the Terms and

Conditions. At the onset, when the user is aware of such terms
they can scroll down and double click on the terms and conditions
to have a complete view of the same.

Scroll Wrap Agreements

The Scroll Wrap Agreements require the user to scroll down the
License Agreements, implying that it has been read by the user by
scrolling down through the terms and conditions before they can
give their assent or rejection.

Sign-In Wrap Agreements

Page 85 of 101
Intellectual property Rights-1(IPR-1)

The Sign-In Wrap agreement is a kind of E-Contract in which once

the end-user has signed into an online service or signs in to use a
product the acceptance is acquired.

Electronic Signatures

In the world of Electronic Contracts, the ancillary feature that has

gained tremendous prominence is the Digital signature or the
Electronic Signature. The degree of acceptance of a Digital
Signature is at varying levels across the globe, so it is essential to
ensure the validity of E- Signature ahead of execution of any
International Contract digitally.

The rendering of the signature which is done by the click of a

button or through checking a box digitally is called an electronic
signature.

Electronic signatures are proffered digitally, which is,

unconventional in comparison to the traditional Wet Signature.

Information Technology Act, 2000 recognizes the legal validity of a

Digital Signature Certificate (DSC) under Indian Law.

Stamping of e- contract

According to the Indian Stamp Act, 1899, stamp duty is levied on

the ‘instrument’. The term instrument engulfs every document which
has a right or liability excluding a bill of exchange, letter of
credit, cheque, promissory note, bill of lading, insurance policy,
transfer of share, debenture, proxy, and receipt.

It should be noted that the term ‘document’ also includes any

electronic record as defined in Section 2(1)(t) of the Information
Technology Act, 2000.

Page 86 of 101
Intellectual property Rights-1(IPR-1)

In India, electronic documents are stamped by taking a print of

the document on a stamp paper or by the method of franking or by
the method of E-Stamping through the procurement of a stamp
duty certificate.

Conclusion

As the world is steadily moving toward complete digitalization and

the idea of remote operations in all fields is quickly gaining
momentum it can be safe to say that E-Contracts is the next
potent revolution that in its stride is ready to completely take over
the business field globally and as a result gradually fade away the
usage of traditional contracts in all spheres.

UNIT 5

1. The provisions of Paris Convention 1883.

2. Paris Convention guarantees the protection of IP. Discuss

Synopsis :

➢ Introduction
➢ History of Paris Convention
➢ Paris Convention guarantees the protection of IP
➢ Importance of Paris Convention
➢ Conclusion

Introduction :

The Paris Convention for the Protection of Industrial Property,

commonly known as the Paris Convention, is an international treaty
that sets out the framework for the protection of intellectual
property (IP) rights such as patents, trademarks, industrial
designs, and trade names. It was first adopted in Paris on March
20, 1883, and has been revised several times since then. The

Page 87 of 101
Intellectual property Rights-1(IPR-1)

latest revision of the Paris Convention was adopted in Stockholm in

1967, and it currently has 177 member countries.

History of Paris Convention :

• Adoption of the Paris Convention in 1883: The Paris Convention

was adopted on March 20, 1883, by 11 countries, including
France, Belgium, and Switzerland. The Convention was the first
international treaty that aimed to provide a framework for the
protection of intellectual property rights such as patents,
trademarks, and industrial designs.
• Expansion of the Paris Convention in the early 20th century: In
the early 20th century, the Paris Convention was expanded to
include more countries. By 1914, there were 29 member
countries, including the United States, Japan, and Australia.
• Revision of the Paris Convention in 1967: The most recent
revision of the Paris Convention was adopted in Stockholm in
1967. The revision expanded the scope of the Convention to
include new types of intellectual property, such as layout designs
(topographies) of integrated circuits.

Paris Convention guarantees the protection of IP :

• Protection of Intellectual Property Rights: The Paris Convention

provides a framework for the protection of intellectual property
rights such as patents, trademarks, and industrial designs. It
sets minimum standards for the protection of these rights in
member countries, which helps to prevent the unauthorized use
and exploitation of intellectual property.
• National Treatment: The Paris Convention requires member
countries to provide foreign applicants with the same protection
for their intellectual property rights as they provide to their
own nationals. This principle of national treatment helps to
ensure that foreign investors and businesses are not
discriminated against in member countries.

Page 88 of 101
Intellectual property Rights-1(IPR-1)

• Reciprocity: The Paris Convention also promotes reciprocity in

the protection of intellectual property rights. Member countries
are required to provide protection to the nationals of other
member countries on a reciprocal basis. This helps to create a
level playing field for businesses and investors from different
countries.
• Priority: The Paris Convention allows an applicant who has filed a
patent, trademark, or industrial design application in one
member country to claim priority for the same application in
another member country. This principle of priority helps to
simplify the application process for intellectual property rights
and reduces the administrative burden on businesses and
investors.
• Enforcement of Intellectual Property Rights: The Paris
Convention includes provisions on the enforcement of intellectual
property rights, which help to prevent the infringement of these
rights. Member countries are required to provide effective legal
remedies and procedures for the enforcement of intellectual
property rights.
• Promotion of International Cooperation: The Paris Convention
promotes international cooperation in the field of intellectual
property. Member countries are encouraged to exchange
information and experiences on the protection and enforcement
of intellectual property rights. This helps to promote the
development of international trade and the exchange of
technology and knowledge.

Importance of Paris Convention :

• Promotion of Innovation and Creativity: The Paris Convention

encourages innovation and creativity by providing protection for
intellectual property rights, including patents, trademarks, and
industrial designs. This protection allows inventors, artists, and

Page 89 of 101
Intellectual property Rights-1(IPR-1)

entrepreneurs to invest in new ideas and products, knowing that

they will be able to benefit from their innovations.
• International Standardization: The Paris Convention provides a
framework for the international standardization of intellectual
property protection. It establishes minimum standards that
countries must meet to protect intellectual property, which helps
to promote consistency and predictability in the protection of
intellectual property across borders.
• Protection of Consumers: The Paris Convention protects
consumers by ensuring that trademarks are protected and that
consumers can rely on the quality and origin of products they
purchase. This helps to prevent fraud and counterfeiting, which
can harm both consumers and legitimate businesses.
• Economic Development: The Paris Convention promotes economic
development by encouraging innovation and creativity, which can
lead to the development of new products and technologies. It
also promotes trade by providing protection for intellectual
property rights, which can be important assets for businesses
seeking to enter foreign markets.
• International Cooperation: The Paris Convention encourages
international cooperation by providing a framework for countries
to work together to protect intellectual property rights. This
cooperation is essential in a globalized world where intellectual
property can be easily transferred across borders.

Case law :

• GATT Panel on United States Section 301 Tariff Laws: In this

case, the General Agreement on Tariffs and Trade (GATT) panel
considered whether the United States' Section 301 tariff laws,
which allowed the US to impose unilateral trade sanctions on
countries that violated US intellectual property rights, violated
the Paris Convention. The panel found that the laws were

Page 90 of 101
Intellectual property Rights-1(IPR-1)

inconsistent with the Paris Convention and other international

agreements.
• Eli Lilly v. Canada: In this case, the pharmaceutical company Eli
Lilly challenged Canada's patent law, which invalidated Eli Lilly's
patents on two drugs. The case went to an international
tribunal, which ruled that the law did not violate the Paris
Convention or other international agreements, and that Eli Lilly
had not met the patentability requirements under Canadian law.

Conclusion :

The Paris Convention for the Protection of Industrial Property is an

international treaty that provides minimum standards for the
protection of intellectual property, including patents, trademarks,
and industrial designs. It was established in 1883 and currently
has 177 member countries. The Convention aims to promote
innovation and creativity by providing protection for intellectual
property rights, encouraging international standardization, and
protecting consumers.

3. Explain the important Organs of world intellectual property

organizations (WIPO)
4. Functions of WIPO

Synopsis :

➢ Introduction
➢ World Intellectual Property Organization
(WIPO)
➢ Organs of WIPO
➢ Functions of WIPO
➢ Conclusion

Introduction :

Page 91 of 101
Intellectual property Rights-1(IPR-1)

The World Intellectual Property Organization (WIPO) is a

specialized agency of the United Nations, established in 1967, with
its headquarters in Geneva, Switzerland. WIPO serves as a global
forum for the promotion of intellectual property (IP) rights and the
development of a balanced international IP system.

WIPO : [6m]

The World Intellectual Property Organisation or WIPO is a global

body for the promotion and protection of Intellectual Property
Rights (IPR).

• It acts as a global forum for IP Services.

• WIPO is a self-funded agency of the United Nations.
• With 192 members, WIPO’s motto is to encourage creative
activity, to promote the protection of intellectual property
throughout the world.
• It is at present headed by Francis Gurry, who is its Director-
General. WIPO is headquartered in Geneva, Switzerland.
• WIPO has its origins in the United International Bureaux for
the Protection of Intellectual Property (BIRPI), which was
established in 1893.
Important Organs of WIPO :

WIPO consists of several important organs, each with specific

functions and responsibilities. These organs include:

1. General Assembly: The highest decision-making body of WIPO,

the General Assembly meets annually and is composed of all
member states. It approves the budget, sets policies, and reviews
the work of the organization.

Page 92 of 101
Intellectual property Rights-1(IPR-1)

2. Coordination Committee: This committee ensures effective

cooperation between WIPO and other international organizations.
It also reviews the organization's programs and activities.

3. Executive Committee: Responsible for overseeing the

organization's financial and administrative matters, the Executive
Committee meets between General Assembly sessions and reports
to the Assembly.

4. International Bureau: The Bureau, headed by the Director-

General, is responsible for implementing the decisions of the
General Assembly and other WIPO bodies. It manages day-to-day
operations and carries out the organization's programs and
activities.

5. Standing Committees and Subcommittees: WIPO has several

standing committees and subcommittees that focus on specific
areas of intellectual property, such as patents, trademarks, and
copyright. These committees facilitate discussions, negotiations,
and the development of international norms and standards in these
areas.

6. Arbitration and Mediation Center: WIPO provides dispute

resolution services through its Arbitration and Mediation Center.
This center helps parties resolve intellectual property disputes
outside traditional legal proceedings, offering a more efficient and
cost-effective alternative.

7. Development Agenda Coordination Division: WIPO's commitment

to promoting development is reflected in the Development Agenda
Coordination Division, which ensures that the organization's
activities contribute to the socio-economic development of its
member states, especially those with limited resources.

Page 93 of 101
Intellectual property Rights-1(IPR-1)

Functions of WIPO :

The World Intellectual Property Organisation (WIPO) was

established with the intent to perform the following functions:

• To assist the development of campaigns that improve IP

Protection all over the globe and keep the national legislations
in harmony.
• Signing international agreements related to Intellectual
Property Rights (IPR) protection.
• To implement administrative functions discussed by the Berne
and Paris Unions.
• To render legal and technical assistance in the field of IP.
• To conduct research and publish its results as well as to collect
and circulate information.
• To ensure the work of services that facilitate the International
Intellectual Property Protection.
• To implement other appropriate and necessary actions.
Conclusion :

In conclusion, WIPO serves as a vital global institution, fostering

the protection of intellectual property rights and promoting
innovation and creativity on an international scale. Its various
organs work collaboratively to address the evolving challenges in
the field of intellectual property and to ensure that the benefits
of innovation are widely shared.

5. The features of Madrid Convention for the registration of

marks.

Synopsis :

➢ Introduction

Page 94 of 101
Intellectual property Rights-1(IPR-1)

➢ Madrid Convention under Two Treaties

➢ Features of Madrid Convention for the registration
of marks
➢ Conclusion

Introduction : [6m]

More than a century ago, nine countries established a special Union

for the International Registration of Marks, at present known as the
Madrid system. Since then, the Madrid system has expanded and
evolved to meet the ever-changing business needs. More and more
countries have signed up for this unique international trademark
registration system administered by the World Intellectual Property
Organization (WIPO), a UN specialized agency based in Geneva,
Switzerland. The Madrid system has helped businesses register and
protect millions of marks worldwide.

Madrid Convention under Two Treaties :

There are two treaties that govern the system: the Madrid
agreement of 1891 and the Madrid protocol of 1989. Its provisions
made the Madrid system more modern and flexible, and have led to
its global expansion. Through the Madrid system, WIPO offers
centralized registration and management of international trademarks.
Rather than having to file numerous applications for each separate
export market, with the Madrid system, an enterprise needs to file
only one application in one language at one national or regional
trademark office by paying through one currency.

Features of Madrid Convention for the registration of marks : [6m]

Page 95 of 101
Intellectual property Rights-1(IPR-1)

The Madrid System for the International Registration of Marks,

established by the Madrid Agreement and the Madrid Protocol,
simplifies the process of protecting trademarks internationally. Here
are some key features:

1. Centralized Filing: Applicants can file a single international

application in one language, with one set of fees, at their
national or regional trademark office.
2. International Protection: The system allows for the registration
of a trademark in multiple member countries through a single
application, providing a cost-effective and streamlined process.

3. Flexibility: The Madrid System allows for subsequent

designations, enabling the expansion of protection to additional
member countries even after the initial registration.

4. Dependency on Basic Application/Registration: The international

application is dependent on a basic application or registration in
the home country, serving as the foundation for international
protection.

5. Single Administrative Process: WIPO (World Intellectual

Property Organization) acts as the central administrative body,
simplifying the communication and management of international
applications.

6. Renewal and Management: Renewals and other management

procedures are handled centrally, reducing the administrative
burden for trademark holders.

Page 96 of 101
Intellectual property Rights-1(IPR-1)

7. Cost-Efficiency: The Madrid System can be more cost-

effective than filing individual applications in each desired
country, especially when expanding trademark protection to
multiple jurisdictions.

8. Assignment and Changes: The system allows for the assignment,

change of name, or address centrally, providing a convenient
way to manage changes in trademark ownership or information.

9. Accession and Expansion: The Madrid System is open to new

member countries, enhancing its global reach and providing more
options for trademark holders.

Conclusion :

It's essential to note that specific details and procedures may vary
based on whether a country is a party to the Madrid Agreement,
the Madrid Protocol, or both. Additionally, the Madrid System
operates alongside national trademark systems, complementing rather
than replacing them.
6m
3. Convention countries
Intellectual Property Rights (IPR) conventions involve international
agreements that establish standards for the protection of
intellectual property across borders. Some key conventions include:

1. Berne Convention for the Protection of Literary and Artistic

Works:
- Focus: Protection of literary and artistic works.

Page 97 of 101
Intellectual property Rights-1(IPR-1)

- Countries: Over 170 countries are parties to the convention,

including major economies and many others worldwide.

2. Paris Convention for the Protection of Industrial Property:

- Focus: Protection of industrial property, including patents,
trademarks, and industrial designs.
- Countries: Over 170 countries are parties to this convention,
covering a wide range of industrialized and developing nations.

3. Trade-Related Aspects of Intellectual Property Rights (TRIPS):

- Framework: Part of the World Trade Organization (WTO)
agreements.
- Focus: Comprehensive coverage of various intellectual property
rights, including patents, trademarks, and copyright.
- Countries: All WTO member countries are obligated to comply
with TRIPS standards.

4. Madrid Agreement and Protocol Concerning the International

Registration of Marks:
- Focus: International registration of trademarks.
- Countries: Madrid Agreement has 57 members, and the
Protocol has 108 members. Some countries are members of both.

5. Patent Cooperation Treaty (PCT):

- Framework: Administered by the World Intellectual Property
Organization (WIPO).
- Focus: Simplifies the process of filing patent applications
internationally.
- Countries: Over 150 countries are parties to the PCT.

Page 98 of 101
Intellectual property Rights-1(IPR-1)

6. Hague Agreement Concerning the International Registration of

Industrial Designs:
- Focus: International registration of industrial designs.
- Countries: Over 70 countries are parties to the Hague
Agreement.

These conventions create a framework for the protection of

intellectual property, enabling creators and inventors to secure
their rights globally. Keep in mind that the number of member
countries may evolve over time as more nations join these
conventions.
4. Patent Co – operation treaty (PCT)

The Patent Cooperation Treaty (PCT) is an international treaty that

streamlines the process of filing patent applications across multiple
countries. Administered by the World Intellectual Property
Organization (WIPO), the PCT simplifies and centralizes the initial
stages of the patent application process.

Key aspects of the PCT include:

1. International Filing: Under the PCT, inventors can file a single

international patent application, which has the effect of seeking
protection in all PCT member countries.

2. International Search: The application undergoes an international

search conducted by a recognized International Searching Authority
(ISA). This search helps determine the prior art relevant to the
invention.

Page 99 of 101
Intellectual property Rights-1(IPR-1)

3. International Publication: After a certain period, usually 18

months from the priority date, the international application and
search report are made public. This provides information about the
invention to the public and potential patent offices.

4. International Preliminary Examination (Optional): Applicants may

choose to request an international preliminary examination (PCT
Chapter II) to obtain a preliminary opinion on the patentability of
the invention.

5. National Phase: Following the PCT process, the applicant enters

the national phase by filing individual patent applications in selected
countries. The international search and preliminary examination
reports can be used in this phase.

Advantages of the PCT include the ability to delay the decision on

where to seek patent protection, cost savings in the initial stages,
and the use of standardized forms and procedures. It simplifies
the process for inventors and facilitates a more efficient approach
to securing patent protection globally.

It's important to note that while the PCT assists in the initial
stages, obtaining actual patent rights still requires filing national or
regional applications within specific timeframes and complying with
the requirements of each designated country or region.
5. Co – ordination committee of WIPO
1. WIPO General Assembly: This is the highest decision-making
body of WIPO, composed of member states. It meets annually and
decides on major policy and budgetary issues.

Page 100 of 101

Intellectual property Rights-1(IPR-1)

2. WIPO Coordination Committee: WIPO's Coordination Committee

typically consists of representatives of member states. It is
responsible for coordinating the work of the various committees and
subsidiary bodies of WIPO.

3. WIPO Program and Budget Committee: This committee reviews

and provides recommendations on the program and budget of
WIPO.

4. Standing Committee on Copyright and Related Rights (SCCR):

Focuses on issues related to copyright and related rights.

5. Intergovernmental Committee on Intellectual Property and

Genetic Resources, Traditional Knowledge, and Folklore (IGC):
Addresses issues related to genetic resources, traditional
knowledge, and folklore.

6. Advisory Committee on Enforcement (ACE): Deals with matters

concerning the enforcement of intellectual property rights.

These committees contribute to the overall coordination and

governance of WIPO's activities. Keep in mind that organizational
structures may evolve, and new committees may be established.
For the most up-to-date information, it's recommended to check
WIPO's official website or recent WIPO documents.

Page 101 of 101