ALL INDIA LEGAL FORUM

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ASSIGNMENT
Name : - Ankit Kumar

Email ID :- [email protected]

Contact no. – +916378052041

College/ University Name: - Army Law College, Pune

GUIDELINES
 The assignment consists of 10 questions, each question has a weightage of 10 marks.
 The assignment should be submitted in a word document. answer should be written on
this document.
 All answers will go for plagiarism check. 10-15% will be acceptable, if more than
15% plagiarism is found in that case the assignment will be rejected and no certificate
will be given.
 The candidates have to attain a minimum of 40 marks in the final assignment.
 Last date of assignment submission is 27th Nov, 2022; 03:25 PM__.
 No submission is accepted after 03:25 PM of 27th Nov, 2022.

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ANSWER THE FOLLOWING QUESTIONS

10 Marks Each

1. Give a brief on the Development of the Intellectual Property Rights in India?

Ans.- India has a long history of intellectual property rights (IPR) protection, dating back to
the British colonial era. However, since independence in 1947, India has undergone
significant changes in its IPR regime.

In 1957, the Indian Patent Act was enacted, which provided for the protection of inventions
and granted patents for a period of 14 years. However, this act had many limitations and was
considered to be one of the weakest patent laws in the world.

In 1970, the Indian Patent Act was amended to provide for a more comprehensive protection
of inventions and to prevent the grant of patents for products that were already known or
were obvious. This amendment was a significant step towards stronger IPR protection in
India.

In 1995, India became a signatory to the World Trade Organization's Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS), which mandated the adoption of
stronger IPR protection standards. In response, India amended its patent law, and in 2005, a
new patent law was enacted, which granted patents for a period of 20 years.

Over the years, India has also strengthened its copyright laws and trademark laws, and has
put in place several measures to prevent piracy and counterfeiting.

In recent years, India has also taken steps to encourage innovation and creativity, such as the
establishment of the National Innovation Foundation and the introduction of various patent
filing and protection schemes for small and medium-sized enterprises.

Overall, India's IPR regime has undergone significant changes over the years, reflecting the
country's commitment to IPR protection and its desire to foster innovation and creativity.

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2. Define the Legislation Covering IPR in India and how it impact today’s era?

Ans.- Intellectual Property Rights (IPR) includes patents, trademarks, copyrights,

geographical indications, and industrial designs. The legislation covering IPR in
India comprises several laws and regulations, including:

1. The Patents Act, 1970: This act provides protection to inventors who create new
inventions by granting them exclusive rights to produce, use, or sell the invention for
a specific period.

2. The Trade Marks Act, 1999: This act allows owners to protect their trademarks
and prevents others from using them without permission.

3. The Copyright Act, 1957: This act protects literary, artistic, musical,
cinematographic, and sound recordings works from being copied or distributed
without the owner's permission.

4. The Geographical Indications of Goods (Registration & Protection) Act, 1999:

This act provides protection to goods originating from a particular region or
territory that is known for its unique characteristics.

5. The Design Act, 2000: This act provides protection to owners of unique designs
for a limited time period.

The impact of IPR legislation in India has been significant, particularly in the fast-
growing technology and pharmaceutical sectors, promoting innovation and driving
the growth of the Indian economy. The legislation has encouraged inventors,
creators, and businesses to develop and safeguard their intellectual property,
leading to increased investments and job opportunities. At the same time, IPR has
also provided consumers with the assurance of quality and authenticity of products.

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3. According to you, what are the conditions for registration of Geographical

Indication and Define the offences and penalties related to the Geographical
Indication?

Ans Offences related to Geographical Indications are as follows:

1. Falsely applying a geographical indication to goods (such as labeling a product as

originating from a certain place when it is not actually produced there) is an offense
punishable with imprisonment of up to three years and/or a fine.

2. Unlawful use of a registered geographical indication is an offense that carries a

penalty of imprisonment for up to two years and/or a fine.

3. Any person who falsely represents a geographical indication as registered is guilty

of an offense punishable with imprisonment of up to three years and/or a fine.

4. Any person who contravenes an order of the Registrar of Geographical

Indications or GEO is liable for imprisonment for up to two years and/or a fine.

Penalties related to Geographical Indications are as follows:

1. Any person found guilty of any of the above offences is liable to pay damages to
the owner of the geographical indication.

2. The court may also order the destruction of goods bearing a false geographical
indication.

3. In addition to the above, any person found guilty of an offence relating to

geographical indications may be ordered to pay a fine of up to Rs. 2 lakhs.

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4. Define and explain the categories in which the Trademark is divided ?

Ans.- Trademarks are categorized based on the products or services they identify. The
categories of trademarks are divided into several classes, according to the International
Nice Classification (NCL) system. There are 45 classes of goods and services recognized
under the NCL, which are:

1. Chemicals - this class includes products such as chemicals used in industry, science,
agriculture, horticulture, forestry, and unprocessed artificial resins.

2. Paints - this class includes products such as paints, varnishes, lacquers, preservatives
against rust and wood rot, and colorants.

3. Cosmetics and cleaning preparations - this class includes products such as cosmetics,
soaps, perfumery, essential oils, hair lotions, and dentifrices.

4. Lubricants and fuels - this class includes products such as industrial oils and greases,
fuels, candles, and wicks.

5. Pharmaceuticals - this class includes products such as pharmaceuticals, veterinary

preparations, and sanitary preparations.

6. Metal goods - this class includes products made of metal, such as locks, keys, tools,
and household utensils.

7. Machinery - this class includes products such as machines, motors, and engines.

8. Hand tools - this class includes products such as hand-operated tools, cutlery, and
razors.

9. Electrical and scientific apparatus - this class includes products such as computers,
electronic devices, and scientific equipment.

10. Medical apparatus and appliances - this class includes products such as medical and
surgical instruments and apparatus.

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5. Explain the Procedure of Filing of Patent Application, its Opposition and

provide brief on Types of Application ?

Ans.- The Procedure of Filing of Patent Application:

Step 1: Conduct a Patent Search - Before filing a patent application, it is essential to

conduct a patent search to ensure that the invention is novel and non-obvious.

Step 2: Drafting of Patent Application - A patent application should be drafted in such a

manner that it covers all aspects of the invention and legally fulfills all requirements of a
patent application.

Step 3: Filing of Patent Application - The patent application can be filed either online or
by physically submitting the application to the respective patent office.

Step 4: Publication of Patent Application - Once the patent application is filed, it is

published in the Patent Gazette within 18 months from the date of filing.

Step 5: Examination of Patent Application - In India, a patent application is examined

typically after 1-3 years from the date of filing by conducting a patentability search and
analysis.

Step 6: Grant of Patent - Once the patent application is found to be in compliance with all
the requirements, it is granted by the Patent Office.

Opposition to Patent Application:

Opposition can be filed by any person interested in the invention within the prescribed
timeframe. The grounds for opposition include lack of novelty, lack of inventive step, and
not fulfilling patent requirements.

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Types of Patent Applications:

1. Provisional Application: It is a temporary application that provides a 12-month

duration for the inventor to build on the invention.

2. Non-Provisional Application: This is a complete application that requires detailed

information about the invention.

3. Convention Application: This is an application filed in a foreign country and claiming

priority based on an earlier filed application in India.

4. PCT Application: This application is filed under the Patent Cooperation Treaty, which
offers a unified process to applicants for filing for protection in multiple countries.

Overall, filing a patent application is a key step in protecting an invention and requires
adherence to strict legal requirements. The opposition process offers an opportunity for
third-party intervention in the patent grant process. The different types of patent
applications available offer flexibility in the patent application process as per the
inventor's requirement.

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6. Analyse the case Donoughe v. Allied Newspaper, with your observation?

Ans.- The case of Donoughe v. Allied Newspaper is a defamation case that occurred
in the UK in 1992. The plaintiff, Mr. Donoughe, was a prominent banker who was
defamed in an article published by the defendants, Allied Newspaper. The article
accused Mr. Donoughe of being involved in fraudulent activities and taking bribes
from his clients.

The defendants argued that the article was in the public interest and that they had a
duty to report on the alleged wrongdoing of Mr. Donoughe. However, the court
ruled that the article was defamatory and that the defendants had not done enough
to verify the allegations before publishing them.

The case highlights the importance of responsible journalism and the need for
journalists to verify their sources before publishing potentially damaging
information. It also emphasizes the importance of protecting a person's reputation,
even if they are a public figure.

Overall, the case serves as a reminder to journalists and media organizations of the
risks of publishing defamatory content and the legal consequences that can arise
from doing so. At the same time, it underscores the need for a balance between
freedom of the press and the protection of individual rights and reputations.

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7. Research and explain the cases related to the ownership, under section 17 of
Copyright?

Ans. - Section 17 of the Copyright Act states that the author of a work is the owner
of copyright unless otherwise assigned or transferred.

1. R.G. Anand v. Delux Films (1978): The Supreme Court held that the author of a
work is the owner of the copyright, but a contract can be made for the assignment of
copyright. If a person other than the author was involved in the creation of the
work, the author must assign the copyright to them.

2. Eastern Book Company v. DB Modak & Co. (2008): This case dealt with the
ownership of copyright in headnotes, which were summaries of judgments published
in law reports. The Supreme Court held that headnotes were original literary works,
and copyright belonged to the author of the headnotes.

3. Tips Industries Ltd. v. Wynk Music Ltd. (2018): This case involved the ownership
of copyright in sound recordings. The Bombay High Court held that the owner of
the sound recording was the person who made the recording, and not the lyricist or
composer.

4. Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures

Association (2017): This case dealt with the ownership of copyright in music
compositions. The Calcutta High Court held that the copyright in the musical
compositions belonged to the composers, and not the music companies who had
commissioned the compositions.

5. ICC Development (International) Ltd. v. Arvee Enterprises (2003): This case

involved the ownership of copyright in cricket match broadcasts. The Supreme
Court held that even though the cricket board owned the rights to the game, the
broadcast rights belonged to the company that had produced and broadcasted the
match.

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8. What is the procedure of registeration and cancellation of Industrial Design? What

could be deemed as a registrable design and what not ? explain with respect to the
sections.

Ans. - The procedure for registration and cancellation of Industrial Design is governed
by the Design Act, 2000.

Registration Procedure:

1. Filing of Application: The applicant must file an application for the registration of
the design with the Design Office containing requisite information such as drawings,
photographs or other graphical representations of the design, and the class or classes in
which the design is to be registered.

2. Examination: The Design Office examines the application and may raise objections if
necessary.

3. Publication: Upon acceptance of the application, the design is published in the

Official Gazette.

4. Opposition Proceedings: If any person has an objection to the registration of the

design, they may file a notice of opposition within 4 months of the publication in the
Official Gazette.

5. Grant of Registration: If there is no opposition, or if the opposition proceedings are

concluded in favor of the applicant, the Design Office grants registration of the design.

Cancellation Procedure:

1. Any interested person can file a petition for cancellation of the registered design on
the ground that it is not registrable or that it is not a new or original design.

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2. The Design Office, after giving notice to the holder of the registered design, may
order cancellation or modification of the design if it finds that the design lacks novelty
or originality.

Registrable Design:

Section 2(d) of the Design Act defines a "design" as the features of shape, configuration,
pattern, or ornament applied to any article by any industrial process or means, whether
manual, mechanical or chemical, separate or combined, which in the finished article
appeal to and are judged solely by the eye. Therefore, any feature that is visually
aesthetic and is applied to an article by an industrial process or means may be deemed a
registrable design.

Non-registrable Design:

Section 4(b) of the Design Act states that a design which is not a new or original design
or contains scandalous or obscene matter cannot be registered. Furthermore, designs
that are contrary to public order or morality, or are prejudicial to the security of the
nation, cannot be registered. Additionally, designs that are functional or mechanical in
nature or that serve a technical purpose are not considered registrable.

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9. What are the problems in enforcing the IP laws and how to avoid them? (Answer
within 500 words)

Ans. - Enforcing intellectual property (IP) laws can be a difficult and complicated
process. From the high costs of pursuing legal action to the difficulty in proving
infringement, there are numerous hurdles that can make enforcing IP laws a frustrating
and challenging endeavor. Some of the main problems in enforcing IP laws, and ways to
avoid them, are outlined below:

1. High Costs: One of the most daunting challenges of enforcing IP laws is the high cost
of pursuing legal action. Litigation is a lengthy and expensive process that can quickly
drain the resources of an individual or organization. To avoid high costs, it is essential
to weigh the benefits of legal action against the costs and consider alternative measures
such as mediation or arbitration.

2. Proving Infringement: Proving infringement is another significant challenge in

enforcing IP laws. In cases involving copyright or trademark infringement, the plaintiff
must provide evidence that the alleged infringer has used their protected work without
authorization. This can be a challenging task, especially if the infringement is not
blatant or involves complex original works. To avoid difficulties in proving
infringement, businesses can maintain detailed records of their IP assets, including
copyright and trademark registrations, and retain the services of an experienced IP
attorney to help pursue legal action.

3. Cross-Border Enforcement: In today's global economy, cross-border enforcement of

IP laws can present significant challenges. Different countries have different IP laws,
and enforcing IP rights in foreign jurisdictions can be complex and time-consuming. To
overcome this hurdle, businesses can take steps to ensure that they have registered their
IP assets in all relevant jurisdictions and work with experienced IP attorneys who have
expertise in cross-border IP enforcement.

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4. Counterfeiting and Piracy: Counterfeiting and piracy are significant problems in

today's digital age. The ease of copying and distributing digital content has made it
challenging to enforce copyright and trademark protections. To address this problem,
businesses can take proactive measures to protect their IP assets, such as implementing
digital security measures, monitoring the internet and social media for infringing
activity, and taking swift legal action against violators.

5. Lack of Awareness: One of the most significant challenges in enforcing IP laws is the
lack of awareness among individuals and businesses about the importance of secure IP
rights. Many people are unaware that their actions may be infringing on someone else's
IP rights or that they may be infringing themselves. Increasing awareness through
education and outreach programs can help reduce IP infringement and make
enforcement efforts more effective.

As India moves towards a digital economy, the challenges and future of Intellectual
Property Rights are becoming more prominent. One of the primary obstacles is the lack
of awareness and education on the importance of Intellectual Property Rights. Many
Indian companies and individuals are not familiar with the process of obtaining and
protecting intellectual property, which increases the risk of infringement. Another
challenge is the ineffective legal framework for IP protection, which often results in
delays and the complexity of the legal process. Furthermore, as technology rapidly
progresses, it is essential to update the legal framework to stay current with new
inventions and inventions. Indian government and organizations need to work together
to raise awareness of intellectual property rights and improve the legal framework to
cope with the rapidly changing technology landscape. If these challenges are not
addressed, it will hinder innovation and creativity, which will negatively affect the
country's economy in terms of development and competitiveness.

In conclusion, enforcing IP laws is a critical process that requires careful planning,

strategic thinking, and a deep understanding of the complexities involved. By
recognizing the challenges and taking appropriate steps to address them, businesses can
protect their valuable IP assets and avoid the pitfalls that can come with enforcement
efforts.

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10. What according to you is the most Important law for IPR? answer with reasons.

Ans.- In my opinion, the most important law for Intellectual Property Rights (IPR)
is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
which was established in 1995 as part of the World Trade Organization (WTO).

TRIPS is crucial because it sets out the minimum standards for IPR protection and
enforcement that member countries must adhere to. This includes patents,
trademarks, copyrights, industrial designs, and trade secrets. The agreement aims to
ensure that the protection and enforcement of IPRs do not become barriers to trade,
and that they contribute to the transfer of technology and the dissemination of
knowledge.

TRIPS plays a vital role in protecting innovation and creativity, which is critical for
economic growth and development. Without effective IPR protection, businesses and
individuals may be less willing to invest in research and development, as they may
not be able to secure a return on their investment.

Furthermore, the agreement promotes international cooperation and collaboration

in the field of IPR. This is important because it allows countries to share best
practices and coordinate their efforts to combat intellectual property infringement,
which can be a global problem.

Overall, TRIPS provides a framework for the protection and enforcement of IPR
that is essential for promoting innovation and creativity while facilitating
international trade and cooperation.

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