1

INTELLECTUAL PROPERTY RIGHTS - ll

By Vikrant Surya

UNIT 1

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1.Write briefly the origin and development of copyrights.

1. Introduction

Copyright is a legal concept that gives creators of original works exclusive rights over their
creations. It prevents others from using, copying, or distributing these works without permission.
Copyright laws exist to protect the intellectual property of creators like authors, musicians, and
artists.

2. Meaning of Copyrights

Copyright is a form of protection provided by law to the creators of original works, such as
books, music, movies, art, and software. It allows them to control how their work is used and
ensures they are credited and compensated for their efforts. Copyright usually lasts for the
creator's lifetime plus a specific period, depending on the laws of each country.

3. Origin of Copyrights

The origin of copyright can be traced back to the invention of the printing press in the 15th
century. As books became easier to produce and distribute, there was a need to protect the
rights of authors and printers. The first formal copyright law, known as the "Statute of Anne,"
was enacted in England in 1710. It was designed to give authors control over the reproduction
of their work for a limited time, after which the work would enter the public domain.

4. Development of Copyrights

Over time, copyright laws evolved to adapt to new forms of media, including music, films, and
digital content. The Berne Convention of 1886 was a major step in the development of
international copyright protection, establishing rules that member countries must follow. In the
modern era, digital technology has presented new challenges, leading to updates in copyright
laws to address issues like online piracy and file sharing.

5. Example

For example, if an author writes a book, they hold the copyright for it. This means others cannot
copy or sell the book without the author's permission. If someone wants to turn the book into a
movie, they need to obtain the rights from the author.

6. Conclusion

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In conclusion, copyright has a long history, beginning with the need to protect authors in the age
of the printing press and evolving to meet the demands of modern technology. Copyright law
remains essential in ensuring creators are rewarded for their work and in encouraging the
production of new creative content.

2.Explain the works in which copyright subsists and in which

copyright does not subsist.

Synoptical Points:
1. Introduction to Copyright
2. Works in Which Copyright Subsists
- Original Literary, Dramatic, and Musical Works
- Artistic Works
- Cinematographic Films
- Sound Recordings
- Computer Programs and Software
3. Works in Which Copyright Does Not Subsist
- Ideas, Facts, and News
- Public Domain Works
- Government Works
- Expired Copyrighted Works
4. Conclusion

Explanation

1. Introduction to Copyright
Copyright is a legal right given to creators for their original works. It provides them control over
the use and distribution of their work, ensuring they are recognized and compensated. The law
also specifies the kinds of works that can be protected by copyright.

2. Works in Which Copyright Subsists

The following are examples of works that can be protected by copyright:

- Original Literary, Dramatic, and Musical Works:

These include novels, poems, plays, songs, etc. The work must be original, meaning it must
have some degree of creativity and should not just be a copy of existing works.

- Artistic Works:

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Paintings, drawings, sculptures, photographs, and other types of visual art are protected by
copyright, provided they are original creations.

- Cinematographic Films:
Movies, documentaries, short films, and even animations are protected. Copyright here covers
both the visual content and the soundtrack.

- Sound Recordings:
This includes any form of recorded sound, such as music albums or podcasts, as long as they
are original works or compilations.

- Computer Programs and Software:

Any original software code or program created by a person or organization can also be
protected under copyright law.

3. Works in Which Copyright Does Not Subsist

There are certain types of works in which copyright does not apply:

- Ideas, Facts, and News:

Copyright protects the expression of an idea but not the idea itself. Similarly, facts and news
are not protected, but the way they are expressed in writing may be.

- Public Domain Works:

Works that are not under copyright anymore or never were in the first place, such as very old
books or works by authors who have been deceased for a long time, fall into the public domain.
These works can be freely used by anyone.

- Government Works:
In many countries, government publications, like statutes, judicial decisions, or official
government reports, are not protected by copyright and can be used freely.

- Expired Copyrighted Works:

Copyright has a limited duration. After this period, works enter the public domain and can be
used without permission. In most cases, the duration is the creator’s lifetime plus a certain
number of years (e.g., 60 years after the creator's death in India).

4. Conclusion
In summary, copyright subsists in original works like literary, artistic, and musical creations, as
well as films and software. However, it does not apply to ideas, public domain works, facts, and
government publications. Copyright ensures that creators are recognized and compensated for
their original work while allowing certain works to remain freely accessible to the public.

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3.Explain the works in which copyright subsists.

Synoptical Points:
1. Introduction
2. Types of Works Protected by Copyright
- Literary Works
- Dramatic Works
- Musical Works
- Artistic Works
- Cinematograph Films
- Sound Recordings
3. Conclusion

1. Introduction
Copyright is a legal right that grants the creator of an original work exclusive rights to use and
distribute their creation. It ensures that the work cannot be used or copied without permission
from the creator, providing protection and control over the work.

2. Types of Works Protected by Copyright

Copyright law covers various categories of works. The following types of works are protected:

1. Literary Works
These include written content such as books, articles, stories, essays, and software codes. For
instance, a novel written by an author is automatically protected by copyright upon creation.

2. Dramatic Works
These include performances like plays, scripts, screenplays, and choreographic shows. For
example, a play written by a playwright is protected under copyright.

3. Musical Works
These are musical compositions with or without lyrics. It protects both the music and the
accompanying lyrics, like a song composed by a musician.

4. Artistic Works
Artistic creations such as paintings, sculptures, drawings, architecture, and photographs fall
under this category. For example, a painting created by an artist is copyrighted from the moment
of its creation.

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5. Cinematograph Films
This category includes movies, short films, documentaries, and any audio-visual content that
tells a story through visuals and sounds. A director’s movie is automatically protected by
copyright law.

6. Sound Recordings
Sound recordings such as music albums, podcasts, or any other audio recordings are also
covered under copyright law. An example would be an album produced by a music producer.

3. Conclusion
Copyright protects a wide range of works, ensuring that creators retain the exclusive rights to
their creations. By covering literary, artistic, musical, and dramatic works, as well as
cinematograph films and sound recordings, copyright law provides comprehensive protection to
various forms of creative expression. This protection encourages creators to innovate and
contribute to the arts and culture.

4. What is copyright ? Explain in brief assignment and

licensing of copyright.

Synoptical Points

1. Introduction to Copyright
2. Meaning of Copyright
3. Assignment of Copyright
4. Licensing of Copyright
5. Examples (if applicable)
6. Conclusion

Explanation

Introduction to Copyright:

Copyright is a legal right that grants the creator of original works exclusive rights to their
creation. This includes the right to reproduce, distribute, and display the work.

Meaning of Copyright:

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In simple terms, copyright protects original works of authorship like books, music, films, and art.
Under the Indian Copyright Act, 1957, copyright protection arises automatically when a work is
created and fixed in a tangible form.

Assignment of Copyright:

Assignment of copyright refers to the transfer of copyright ownership from the original creator to
another party. This transfer must be in writing and signed by the assignor. For example, an
author might assign the copyright of a book to a publisher, allowing the publisher to reproduce
and distribute the book.

Licensing of Copyright:

Licensing is the process of granting permission to others to use copyrighted material under
specified conditions. Unlike assignment, licensing does not transfer ownership; it merely allows
others to use the work in certain ways. For instance, a photographer might license their images
to a magazine for a one-time publication.

Examples:

- Assignment: An author sells the copyright of their novel to a publishing house, which then
controls how the novel is published and distributed.
- Licensing: A musician licenses their song to a film producer, allowing the song to be used in
the movie while retaining ownership of the song.

Conclusion:

Copyright is essential for protecting creators' rights and ensuring they can control and benefit
from their work. Both assignment and licensing are key mechanisms for managing how
copyright-protected works are used and distributed.

5. When can compulsory licence be issued in copyright ?.

Who will grant the compulsory license and when it can be
revoked ?

Compulsory License in Copyright

Synoptical Points:
1. Introduction
2. When Can a Compulsory License be Issued?

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3. Who Grants the Compulsory License?
4. When Can it be Revoked?
5. Conclusion

Introduction
A compulsory license in copyright is a legal mechanism that allows a person or entity to use
copyrighted material without the permission of the copyright holder under certain conditions.
This concept ensures that public interest is protected while balancing the rights of copyright
owners.

When Can a Compulsory License be Issued?

In India, a compulsory license can be issued under Section 31 of the Copyright Act, 1957. This
provision is applicable when:
- The copyright holder has refused to grant a license to use the work, and
- The work is still under copyright protection, and
- The applicant has tried to negotiate with the copyright holder without success.

A compulsory license can be issued for literary, dramatic, musical, or artistic works, including
cinematographic films. The applicant must prove that they have made reasonable efforts to
obtain permission from the copyright holder.

Who Grants the Compulsory License?

The compulsory license is granted by the Copyright Board. This is a quasi-judicial body that
adjudicates matters related to copyright issues, including the issuance of compulsory licenses.

When Can it be Revoked?

A compulsory license can be revoked by the Copyright Board if:
- The licensee fails to comply with the conditions set by the board,
- The licensee does not pay the required fees,
- The original copyright holder is willing to grant permission and meets the conditions set by the
board for a reasonable license.

Conclusion
Compulsory licenses in copyright are designed to balance public access to works with the rights
of creators. They are issued by the Copyright Board under specific conditions when negotiation
with the copyright holder fails. The board can also revoke the license if the conditions are not
met or if the copyright holder decides to negotiate.

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6.What do you mean by infringement of copyright ? What are

the determining factors measuring infringement of
copyright?

Synoptical Points

1. Introduction
2. Definition of Copyright Infringement
3. Determining Factors Measuring Infringement
4. Examples (if necessary)
5. Conclusion

Introduction

Copyright infringement occurs when someone uses a copyrighted work without permission from
the copyright holder. Copyright protects original works of authorship, such as books, music, and
artwork, ensuring that creators can control how their works are used.

Definition of Copyright Infringement

Infringement of copyright refers to unauthorized use or reproduction of a copyrighted work in a

manner that violates the exclusive rights granted to the copyright holder. According to the
Copyright Act, copyright infringement occurs when someone performs the following actions
without permission:

- Reproduces the work

- Distributes copies of the work
- Performs or displays the work publicly
- Creates derivative works based on the original

Determining Factors Measuring Infringement

Several factors determine whether an act constitutes copyright infringement:

1. Ownership of Copyright: The plaintiff must prove that they own the copyright to the work in
question.
2. Unauthorized Use: The defendant must have used the work without authorization from the
copyright holder.
3. Substantial Similarity: The copied work must be substantially similar to the original work.
This means that the copied work should bear a significant resemblance to the copyrighted work.
4. Access: The defendant must have had access to the copyrighted work. If the defendant
could not have seen or heard the original work, it is less likely they infringed upon it.

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Example

Imagine a musician writes a song and registers the copyright. If another musician records a
song that sounds very similar, and there is evidence that they had access to the original song, it
might be considered infringement. The key factors are whether the second song is substantially
similar to the first and whether the second musician had access to the original song.

Conclusion

Infringement of copyright involves unauthorized use of a copyrighted work that violates the
exclusive rights of the copyright holder. Determining whether infringement has occurred involves
assessing ownership, unauthorized use, substantial similarity, and access to the work.
Understanding these factors helps ensure that creators' rights are protected and that intellectual
property laws are upheld.

7.Define copyright. Discuss the rights of copyright owner.

Synoptical Points:

1. Definition of Copyright
2. Rights of Copyright Owner
- Economic Rights
- Moral Rights

Introduction

Copyright is a legal concept that grants creators exclusive rights to their original works, such as
books, music, and art. It aims to encourage creativity by ensuring that creators can control and
benefit from their creations.

Definition of Copyright

Under Section 13 of the Copyright Act, 1957 (India), copyright is defined as the exclusive right
granted to the author of an original work to reproduce, distribute, perform, and display the work.
This right is automatically conferred upon creation of the work and does not require registration.

Rights of Copyright Owner

1. Economic Rights:
- Reproduction: The right to make copies of the work.

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- Distribution: The right to sell or distribute copies of the work.
- Public Performance: The right to perform the work in public, such as in a concert or play.
- Adaptation: The right to create derivative works, like translating a book into another
language or adapting a novel into a film.

Example: If an author writes a novel, they have the exclusive right to publish and sell the
book. If a film producer wants to make a movie based on the novel, they need the author’s
permission.

2. Moral Rights:
- Right to Attribution: The right to be recognized as the author of the work.
- Right to Integrity: The right to prevent modifications that could harm the author's reputation.

Example: If a painter’s artwork is displayed in a gallery, the painter has the right to be credited
as the creator and to prevent any alteration of the painting that could negatively affect their
reputation.

Conclusion

Copyright is essential for protecting the interests of creators by granting them exclusive rights to
control and benefit from their works. By safeguarding both economic and moral rights, copyright
helps to promote and preserve creativity.

UNIT 2

1.Explain the meaning and scope of biological diversity.

Synoptical Points:
1. Introduction
2. Definition and Scope of Biological Diversity
3. Explanation with Examples
4. Conclusion

Introduction:
Biological diversity, often referred to as biodiversity, encompasses the variety of life forms on
Earth. It includes all species of plants, animals, fungi, and microorganisms, their genetic
variations, and the ecosystems they form. Understanding biodiversity is crucial for appreciating
the complexity and interconnectedness of life on our planet.

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Definition and Scope:

According to the Convention on Biological Diversity (CBD), biological diversity is defined as "the
variability among living organisms from all sources, including terrestrial, marine, and other
aquatic ecosystems, and the ecological complexes of which they are part." This includes
diversity within species, between species, and of ecosystems.

Scope:
1. Species Diversity: This refers to the variety of different species within a particular region or
ecosystem. For example, a rainforest has a high species diversity because it is home to a wide
range of plants, animals, and microorganisms.

2. Genetic Diversity: Within each species, there is genetic variation among individuals. This
genetic diversity helps populations adapt to changing environments. For instance, different
strains of crops may be more resistant to diseases or pests.

3. Ecosystem Diversity: This involves the variety of ecosystems in a given area. Different
ecosystems, such as forests, wetlands, and grasslands, support different communities of
organisms and contribute to the overall biodiversity.

Example:
A coral reef is a great example of ecosystem diversity. It supports a multitude of species,
including fish, corals, and invertebrates, each contributing to the reef's complex ecosystem.
Coral reefs also have genetic diversity within coral species and provide various ecological
functions like protecting coastlines and supporting fisheries.

Conclusion:
Biological diversity is essential for the stability and resilience of ecosystems, the health of the
planet, and human well-being. Protecting biodiversity ensures the continued survival of species
and the ecosystems they inhabit, which is critical for maintaining the balance of nature and
supporting life on Earth.

2.Explain the powers and functions of Bio-diversity authority.

Synoptical Points

1. Introduction
2. Functions of the Biodiversity Authority
3. Powers of the Biodiversity Authority
4. Examples (if needed)
5. Conclusion

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Introduction

The Biodiversity Authority is a regulatory body established under the Biological Diversity Act,
2002 in India. Its primary role is to ensure the conservation and sustainable use of biological
resources and equitable sharing of benefits arising from their use.

Functions of the Biodiversity Authority

1. Regulation of Access to Biological Resources: The Authority regulates the access and
use of biological resources by providing approvals and ensuring that such use is in accordance
with the law.

2. Advisory Role: It advises the government on matters related to biodiversity conservation and
management, including policy and planning.

3. Public Awareness: It promotes awareness and understanding of biodiversity issues among

the public through educational programs and campaigns.

4. Documentation and Data Collection: The Authority is responsible for documenting

biological diversity and maintaining databases related to it.

Powers of the Biodiversity Authority

1. Granting Approvals: The Authority has the power to grant or deny approval for accessing
biological resources or traditional knowledge.

2. Monitoring and Enforcement: It monitors compliance with the Biological Diversity Act and
takes necessary enforcement actions against violations.

3. Research and Development: It has the authority to support and fund research related to
biodiversity conservation.

4. Penalties: The Authority can impose penalties for non-compliance with its regulations and
guidelines.

Examples

For example, if a company wants to use a traditional plant for commercial purposes, it must
seek approval from the Biodiversity Authority to ensure that the use is sustainable and that the
benefits are shared with the local communities who have traditional knowledge about the plant.

Conclusion

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In summary, the Biodiversity Authority plays a crucial role in managing and conserving biological
resources by regulating their use, advising the government, and ensuring that benefits are
shared equitably. Its powers and functions are vital for maintaining biodiversity and ensuring that
biological resources are used sustainably and responsibly.

3.Why do we need the legislation on biodiversity? Discus the

salient features of Biological Diversity Act, 2002

Synoptical Points

1. Introduction
- Importance of biodiversity
- Need for legislation

2. Salient Features of Biological Diversity Act, 2002

- Objective
- Regulation of access to biological resources
- Conservation of biodiversity
- National Biodiversity Authority (NBA)
- State Biodiversity Boards (SBBs)
- Biodiversity Management Committees (BMCs)
- Protection of traditional knowledge

3. Conclusion
- Overall impact and significance

Introduction

Biodiversity, the variety of life forms on Earth, is crucial for maintaining ecological balance and
supporting human life. With growing threats to biodiversity from human activities, legislation is
essential to protect and manage biological resources effectively.

Salient Features of Biological Diversity Act, 2002

Objective
The Biological Diversity Act, 2002, aims to protect India's biodiversity and ensure the
sustainable use of its biological resources. It also focuses on the equitable sharing of benefits
arising from their use.

Regulation of Access to Biological Resources

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The Act regulates access to biological resources and associated knowledge. Individuals or
organizations wishing to access these resources must seek approval from the National
Biodiversity Authority (NBA). This helps prevent exploitation and ensures that benefits are
shared fairly.

Conservation of Biodiversity
The Act promotes the conservation of biological diversity through various measures. This
includes setting up protected areas and encouraging sustainable practices to preserve different
species and ecosystems.

National Biodiversity Authority (NBA)

The NBA is a central body established under the Act to implement the legislation. It oversees
the management of biological resources and ensures compliance with the Act's provisions.

State Biodiversity Boards (SBBs)

Each state in India has its own SBB, which works under the NBA. SBBs are responsible for
implementing biodiversity conservation measures at the state level, including managing local
resources and coordinating with local bodies.

Biodiversity Management Committees (BMCs)

Local self-government institutions, such as Panchayats and Municipalities, are required to form
BMCs. These committees help in the conservation of biodiversity in their areas by preparing
People’s Biodiversity Registers and promoting local biodiversity conservation efforts.

Protection of Traditional Knowledge

The Act recognizes and protects traditional knowledge related to biological resources. It ensures
that indigenous communities benefit from their knowledge and that it is not misappropriated.

Conclusion

The Biological Diversity Act, 2002, plays a crucial role in protecting India's rich biodiversity. By
regulating access, promoting conservation, and recognizing traditional knowledge, it helps
ensure that biological resources are used sustainably and that the benefits are shared equitably.

4.Critically examine the functions of bio-diversity

management committee.

Synoptical Points

1. Introduction
- Definition of Biodiversity Management Committee (BMC)
- Purpose of BMC

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2. Functions of BMC
- Conservation of Biodiversity
- Documentation and Reporting
- Awareness and Education
- Implementation of Policies
- Coordination with Other Agencies

Introduction

The Biodiversity Management Committee (BMC) is a body established under the Biological
Diversity Act, 2002 in India. It is formed at the local level to support the conservation of
biological resources and sustainable use of their components. The primary aim of the BMC is to
protect and manage the rich biodiversity of various regions by implementing effective
management practices and policies.

Functions of BMC

1. Conservation of Biodiversity

The BMC's primary function is to conserve local biodiversity. This includes safeguarding native
species of plants, animals, and microorganisms. The committee undertakes activities like
creating protected areas, managing habitats, and implementing conservation projects to prevent
the extinction of species.

2. Documentation and Reporting

BMCs are responsible for documenting the biological resources within their jurisdiction. They
maintain records of different species, their distribution, and their conservation status. These
records are crucial for reporting to higher authorities, ensuring that appropriate measures are
taken based on accurate data.

3. Awareness and Education

Another key function of BMCs is to raise public awareness about biodiversity and
conservation. They organize workshops, seminars, and educational programs to inform local
communities about the importance of preserving biodiversity and the role they can play in it.

4. Implementation of Policies

BMCs implement various policies and regulations related to biodiversity conservation. This
includes enforcing rules about sustainable resource use, preventing illegal activities such as
poaching, and ensuring compliance with national and international conservation agreements.

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5. Coordination with Other Agencies

Effective biodiversity management often requires collaboration with other organizations and
government bodies. BMCs coordinate with these entities to ensure that biodiversity
conservation efforts are harmonized and effective. This includes working with environmental
NGOs, research institutions, and local government bodies.

Examples

- Conservation Projects: A BMC might initiate a project to protect a local endangered species
by creating a protected area or breeding program.
- Awareness Campaigns: BMCs often conduct educational drives in schools to teach children
about local wildlife and conservation practices.
- Policy Enforcement: They may enforce rules that restrict the collection of certain plant
species to prevent overharvesting.

Conclusion

Biodiversity Management Committees play a crucial role in the conservation and sustainable
management of biological resources at the local level. By focusing on conservation,
documentation, education, policy implementation, and coordination, BMCs contribute
significantly to preserving the rich biodiversity of their regions. Their efforts ensure that local
ecosystems remain healthy and resilient, benefiting both current and future generations.

5.Explain the powers and functions of state biodiversity

board and biodiversity management committee.

Synoptical Points

1. Introduction
2. Powers and Functions of the State Biodiversity Board (SBB)
3. Powers and Functions of the Biodiversity Management Committee (BMC)
4. Conclusion

Introduction

The State Biodiversity Board (SBB) and the Biodiversity Management Committee (BMC) are
crucial for the conservation and sustainable use of biological resources. Their roles and
responsibilities are defined under the Biological Diversity Act, 2002, which aims to protect
India's rich biodiversity.

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Powers and Functions of the State Biodiversity Board (SBB)

1. Powers:
- Regulatory Authority: The SBB acts as a regulatory body to oversee the conservation and
sustainable use of biodiversity at the state level.
- Approval and Permits: It grants approvals for activities involving biological resources and
traditional knowledge.
- Advisory Role: The board provides advice to the state government on matters related to
biodiversity.

2. Functions:
- Conservation Plans: Develop and implement strategies for the conservation of biodiversity.
- Awareness Programs: Conduct educational programs and campaigns to increase public
awareness about biodiversity.
- Coordination: Work with various stakeholders, including government departments, NGOs,
and local communities, to promote biodiversity conservation.

Powers and Functions of the Biodiversity Management Committee (BMC)

1. Powers:
- Local Decision-Making: The BMC has the power to make decisions related to the
conservation and management of biodiversity at the local level.
- Access and Benefit Sharing: It oversees the access to biological resources and traditional
knowledge within its jurisdiction.

2. Functions:
- Preparation of Biodiversity Registers: Compile and maintain local biodiversity registers
that document biological resources and traditional knowledge.
- Community Engagement: Involve local communities in biodiversity conservation activities
and decision-making processes.
- Report and Feedback: Report to the SBB on the state of biodiversity and provide feedback
on local biodiversity issues.

Conclusion

The State Biodiversity Board and the Biodiversity Management Committee play essential roles
in the conservation and sustainable management of biodiversity. While the SBB operates at the
state level with a broader regulatory and advisory function, the BMC focuses on local
conservation efforts and community engagement. Together, they ensure that biodiversity is
protected and managed effectively, involving both government bodies and local communities.

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6.Define Biological Diversity. Explain the aims and objectives

of the Biological Diversity Act, 2002.

Synoptical Points
1. Definition of Biological Diversity
2. Aims and Objectives of the Biological Diversity Act, 2002

Introduction
Biological diversity, or biodiversity, refers to the variety of life forms on Earth, including plants,
animals, microorganisms, and their ecosystems. The Biological Diversity Act, 2002, was
enacted in India to preserve this diversity and ensure sustainable use of its components.

Definition of Biological Diversity

Biological diversity is defined in Section 2(c) of the Biological Diversity Act, 2002, as "the
variability among living organisms from all sources, including terrestrial, marine, and other
aquatic ecosystems and the ecological complexes of which they are part." This includes
diversity within species, between species, and of ecosystems.

Aims and Objectives of the Biological Diversity Act, 2002

1. Conservation of Biological Diversity: The Act aims to protect and preserve the rich variety
of life forms and their habitats. It seeks to maintain the ecological balance by preventing the loss
of species and ecosystems.

2. Sustainable Use of Biological Resources: The Act emphasizes the importance of using
biological resources in a way that does not deplete them. It promotes practices that ensure
resources are available for future generations.

3. Fair and Equitable Sharing of Benefits: The Act ensures that benefits arising from the use
of biological resources and traditional knowledge are shared fairly with the communities who
contribute to their conservation and use.

4. Establishment of National and State Biodiversity Boards: The Act provides for the
creation of a National Biodiversity Authority and State Biodiversity Boards to oversee the
implementation of biodiversity conservation measures and to regulate the access to biological
resources.

5. Promotion of Biodiversity Education and Research: The Act encourages research and
education on biodiversity to increase awareness and understanding of its significance.

Conclusion
The Biological Diversity Act, 2002, is crucial for conserving India’s rich biological heritage. By
focusing on conservation, sustainable use, and equitable benefit-sharing, the Act aims to

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safeguard biodiversity and ensure its sustainable management for the benefit of current and
future generations.

7.Write a note on meaning, definition and scope of biological

diversities
1. Synoptical Points:
- Meaning
- Definition
- Scope
- Examples

2. Introduction:
Biological diversity, often referred to as biodiversity, encompasses the variety of life forms on
Earth. It includes the diversity of species, ecosystems, and genetic variations. Understanding
biological diversity is crucial for conservation efforts and maintaining the health of our planet.

3. Explanation:

Meaning:
Biological diversity represents the variety of life on Earth, from the smallest microorganisms to
the largest mammals. It involves the differences within species, between species, and among
ecosystems. This diversity is vital for ecosystem stability, resilience, and the provision of
ecosystem services.

Definition:
Under the Biological Diversity Act, 2002 (India), biodiversity is defined as the variability among
living organisms from all sources, including terrestrial, marine, and other aquatic ecosystems,
and the ecological complexes they are part of. This includes diversity within species, between
species, and of ecosystems.

Scope:
The scope of biological diversity covers several dimensions:
- Species Diversity: The variety of species within a habitat or a region.
- Genetic Diversity: The variation in genetic makeup among individuals within a species.
- Ecosystem Diversity: The range of different ecosystems in a given region.

4. Conclusion:
Biological diversity is essential for the survival and well-being of life on Earth. It supports
ecosystem functions, provides resources for humans, and contributes to the overall health of the
environment. Protecting and preserving biodiversity is crucial for sustaining the natural world
and ensuring future generations can enjoy its benefits.

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8.Discuss the composition, powers and functions of State

Biodiversities Board.

Synoptical Points

1. Introduction
2. Composition of the State Biodiversity Board
3. Powers of the State Biodiversity Board
4. Functions of the State Biodiversity Board
5. Conclusion

Introduction

The State Biodiversity Board (SBB) is a statutory body established under the Biological Diversity
Act, 2002. Its primary purpose is to oversee and promote biodiversity conservation at the state
level, ensuring the protection and sustainable use of biological resources.

Composition of the State Biodiversity Board

- Chairperson: The board is chaired by the Environment Minister or a designated senior

government official.
- Members: The board includes representatives from various departments, such as Forests,
Agriculture, and Scientific Research, as well as experts in biodiversity, environmental law, and
other relevant fields.
- Secretary: A senior officer is appointed as the Secretary to handle the administrative
functions.

Powers of the State Biodiversity Board

- Regulatory Powers: The board has the authority to regulate and grant permissions for the
use of biological resources within the state.
- Advisory Powers: It advises the state government on matters related to biodiversity
conservation and policy implementation.
- Penal Powers: The board can impose penalties for violations of biodiversity laws.

Functions of the State Biodiversity Board

- Conservation Planning: Developing and implementing plans for the conservation of biological
diversity.

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- Awareness Programs: Organizing educational and awareness programs to promote
biodiversity conservation among the public.
- Biodiversity Registers: Maintaining state-level registers of biodiversity, including the
documentation of local species and habitats.
- Compliance Monitoring: Monitoring and ensuring compliance with the provisions of the
Biological Diversity Act and other related regulations.

Conclusion

The State Biodiversity Board plays a crucial role in the conservation and sustainable use of
biological resources at the state level. By overseeing the implementation of biodiversity policies
and regulations, the board helps in preserving the rich biological heritage of the state for future
generations.

UNIT 3

1.What are the protection available for Plant Varieties and

Farmers Rights ? Explain.
Synoptical Points
1. Introduction
2. Protection for Plant Varieties
3. Farmers' Rights
4. Examples
5. Conclusion

Introduction
Plant varieties are crucial for agriculture, offering diverse crops and improved yields.
Recognizing their importance, legal frameworks protect these varieties and the rights of farmers
who cultivate them. This protection helps incentivize innovation while ensuring fair benefits for
those who grow these plants.

Protection for Plant Varieties

Protection for plant varieties is primarily provided under the Protection of Plant Varieties and
Farmers' Rights Act, 2001 (PPV&FR Act) in India. The key features include:

1. Registration: Plant varieties can be registered under this Act. This registration grants
exclusive rights to breeders, allowing them to control the production, sale, and distribution of
their varieties.

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2. Exclusive Rights: Registered varieties receive protection similar to patents. The breeder has
the exclusive right to propagate the variety, market it, and obtain royalties from its use.

3. Duration of Protection: The protection lasts for a specific period—15 years for most crops
and 18 years for trees and vines. After this period, the variety enters the public domain.

4. Breeder's Rights: Breeders have the right to license or transfer their rights to others. They
can also seek legal remedies if their rights are infringed.

Farmers' Rights
Farmers' rights are integral to the PPV&FR Act and include:

1. Right to Save, Use, Exchange, and Sell Seeds: Farmers have the right to save seeds from
their harvest and use them for future planting. They can also exchange or sell seeds without
restrictions.

2. Recognition of Traditional Knowledge: The Act recognizes and protects traditional

knowledge and practices related to plant varieties developed by farmers over generations.

3. Benefit Sharing: Farmers are entitled to share in the benefits derived from the
commercialization of plant varieties developed from their traditional varieties.

4. Access to Information and Resources: Farmers have the right to access information and
resources related to plant varieties and their protection.

Examples
- Example of Protection: If a new variety of wheat is developed and registered under the
PPV&FR Act, the breeder can prevent others from producing and selling this variety without
permission. This encourages the development of new and improved varieties.

- Example of Farmers' Rights: If a farmer grows a traditional variety of rice, they can continue
to use, sell, and share the seeds of this variety. They also benefit if this traditional variety is used
in developing a new commercial variety.

Conclusion
The PPV&FR Act ensures that plant varieties are protected while also upholding farmers' rights.
This balance supports agricultural innovation and fair distribution of benefits. By safeguarding
both breeders and farmers, the Act fosters a more equitable and productive agricultural system.

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2.Explain the remedies against infringement of Plant

Varieties and Farmer’s Rights.
1. Synoptical Points
- Introduction
- Remedies for Infringement of Plant Varieties Rights
- Civil Remedies
- Criminal Remedies
- Administrative Remedies
- Remedies for Infringement of Farmer’s Rights
- Civil Remedies
- Legal Procedures
- Conclusion

2. Introduction
Infringement of plant varieties and farmer’s rights occurs when someone uses, reproduces, or
sells protected plant varieties or seeds without authorization. Remedies are the legal actions
that can be taken to address such infringements and ensure protection of intellectual property
and farmer rights.

3. Remedies for Infringement of Plant Varieties Rights

Civil Remedies
- Injunctions: A court order can prohibit the infringer from continuing the unauthorized use of
the plant variety.
- Damages: The rights holder can claim compensation for financial losses suffered due to
infringement.
- Account of Profits: The infringer may be required to pay profits earned from the unauthorized
use.

Criminal Remedies
- Penalties: Offenders can face fines or imprisonment if found guilty of deliberate infringement,
as per the Plant Varieties Act.

Administrative Remedies
- Appeals to the Registrar: The plant variety rights holder can file a complaint with the Plant
Varieties Registrar, who can take action against the infringement.

4. Remedies for Infringement of Farmer’s Rights

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Civil Remedies
- Compensation: Farmers can claim compensation for any loss or damages caused by
infringement of their rights.
- Restoration of Rights: Legal actions can be taken to restore the rights or rectify any
breaches.

Legal Procedures
- Approaching Courts: Farmers can approach civil courts or specialized tribunals to seek
remedies and enforce their rights.

5. Conclusion
Remedies for infringement of plant varieties and farmer’s rights are essential to protect
intellectual property and ensure fair treatment for those involved in agriculture. Civil, criminal,
and administrative actions provide various avenues for redressal, depending on the nature and
severity of the infringement. Proper enforcement of these remedies helps maintain the integrity
of plant variety protection and supports the rights of farmers.

3.Explain the procedure and effect of registration of plant

variety under protection of plant varieties and Farmers Right
Act, 2001

Synoptical Points:

1. Introduction to the Protection of Plant Varieties and Farmers’ Rights Act, 2001
2. Procedure for Registration of Plant Variety
- Application
- Examination
- Publication
- Registration
3. Effect of Registration
4. Conclusion

Introduction:

The Protection of Plant Varieties and Farmers’ Rights Act, 2001, is an Indian legislation
designed to protect the rights of plant breeders and farmers. It encourages plant breeding
activities and ensures that farmers' contributions are recognized and rewarded.

Procedure for Registration of Plant Variety:

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1. Application:
- To register a plant variety, the breeder must submit an application to the Protection of Plant
Varieties and Farmers’ Rights Authority (PPV&FRA). The application should include detailed
information about the plant variety, such as its characteristics, origin, and how it differs from
existing varieties.

2. Examination:
- The application undergoes a thorough examination. This includes checking whether the
variety is distinct, uniform, and stable. The authority assesses if the variety meets all the
required criteria as per the Act.

3. Publication:
- If the examination is successful, the variety is published in the Plant Varieties Journal. This
publication serves to inform the public and allows for any objections or comments regarding the
registration.

4. Registration:
- After considering any objections, if the application meets all requirements, the plant variety is
officially registered. The breeder then receives a Certificate of Registration, which grants them
exclusive rights over the variety.

Effect of Registration:

- Exclusive Rights: The breeder or applicant gains exclusive rights to propagate, sell, and
market the plant variety. This provides them with a competitive edge and potential financial
benefits.
- Legal Protection: The registered variety is legally protected against unauthorized use or
infringement. The breeder can take legal action against those who use the variety without
permission.
- Farmer Rights: Farmers who contribute to the development of new varieties also benefit from
recognition and can receive compensation or rewards.

Conclusion:

The registration of plant varieties under the Protection of Plant Varieties and Farmers’ Rights
Act, 2001, safeguards the rights of plant breeders and acknowledges the efforts of farmers. It
ensures that new and distinct plant varieties receive legal protection, encouraging innovation in
agriculture while maintaining a fair system for all stakeholders involved.

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4.India has adopted a new Sui-Generis system for protection

of plant varieties in India. Explain
Synoptical Points:

1. Introduction to Sui-Generis System

2. Overview of the Protection of Plant Varieties and Farmers' Rights Act (PPV&FR Act)
3. Key Features of the Sui-Generis System
4. Examples and Implementation
5. Conclusion

Introduction

India has introduced a unique system for the protection of plant varieties called the
"Sui-Generis" system. This system is tailored specifically to safeguard plant varieties and the
rights of farmers in India.

Overview of the Protection of Plant Varieties and Farmers' Rights Act (PPV&FR Act)

The Protection of Plant Varieties and Farmers' Rights Act, 2001, is the legal framework that
embodies India's Sui-Generis system. It provides a structure for the registration and protection
of new plant varieties, ensuring the rights of plant breeders and farmers.

Features of the Sui-Generis System

1. Plant Variety Registration: The system allows for the registration of new plant varieties,
which grants the breeder exclusive rights to propagate, sell, and use the variety.

2. Farmer's Rights: It recognizes and protects the rights of farmers, including the right to save,
use, exchange, and sell seeds. Farmers are also given the right to receive benefits from the
commercial use of their traditional varieties.

3. National Gene Bank: The Act establishes a national gene bank to conserve plant genetic
resources.

4. Plant Variety Protection and Reward: The system provides a framework to reward breeders
for developing new and innovative plant varieties.

5. Compulsory Licensing: In case of non-use or insufficient use of a variety, the system allows
for compulsory licensing to ensure that the benefits of plant varieties are accessible.

Examples and Implementation

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For instance, if a new variety of wheat is developed and registered under this system, the
breeder has exclusive rights to market and use this variety. At the same time, if a farmer has
preserved and used a traditional variety of rice, they are legally protected and can benefit from
their contribution to maintaining genetic diversity.

Conclusion

India’s Sui-Generis system for plant variety protection is a comprehensive approach that
balances the rights of plant breeders with the interests of farmers. By providing legal recognition
and protection to both new and traditional plant varieties, it aims to foster agricultural innovation
while preserving genetic resources.

5.Discuss the rights recognised for the farmer under the

Plant Varieties and Farmer's Right Act, 2001.
Synoptical Points:

1. Introduction
2. Farmer's Rights under the Act
- Right to Save, Use, and Exchange Seeds
- Right to Register Plant Varieties
- Right to Receive Benefits
- Protection against Misuse
3. Conclusion

Introduction

The Plant Varieties and Farmers' Rights Act, 2001, is an Indian law aimed at recognizing and
protecting the rights of farmers and breeders in relation to plant varieties. It balances the
interests of farmers and plant breeders, ensuring that farmers have rights over the seeds they
grow and the plant varieties they develop.

Farmer's Rights under the Act

1. Right to Save, Use, and Exchange Seeds

Farmers have the right to save, use, exchange, and sell seeds of the plant varieties they have
grown. This right is crucial for maintaining agricultural biodiversity and ensuring that farmers can
continue traditional farming practices.

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Example: If a farmer grows a unique variety of wheat, they can save seeds from this crop to
plant in the next season or share with other farmers, without needing to purchase new seeds
each time.

2. Right to Register Plant Varieties

Farmers have the right to register plant varieties they have developed through traditional
farming practices. This registration grants them legal recognition and helps protect their variety
from unauthorized use.

Example: A farmer who has developed a new variety of rice through selection and breeding
can register this variety under the Act to ensure that others do not claim it as their own.

3. Right to Receive Benefits

Farmers are entitled to receive benefits from the commercialization of plant varieties they have
developed. This includes a share in the profits earned from the use of their varieties.

Example: If a commercial seed company uses a farmer’s registered variety to produce seeds
for sale, the farmer can receive a portion of the revenue generated from these seeds.

4. Protection against Misuse

The Act provides mechanisms for farmers to protect their rights against misuse or
infringement by others. This includes legal provisions to address any unauthorized use of their
plant varieties.

Example: If a company uses a farmer’s registered variety without permission, the farmer can
seek legal redress to stop the misuse and claim compensation.

Conclusion

The Plant Varieties and Farmers' Rights Act, 2001, plays a vital role in safeguarding the rights of
farmers while promoting plant breeding and agricultural innovation. By recognizing the right to
save and use seeds, register plant varieties, and receive benefits, the Act supports sustainable
farming practices and ensures that farmers are acknowledged and rewarded for their
contributions to agriculture.

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6.Explain the powers and functions of Plant Varieties and

Farmer's Rights Authorities
Synoptical Points:
1. Introduction
2. Powers and Functions of Plant Varieties Authority
3. Powers and Functions of Farmer's Rights Authority
4. Conclusion

Introduction
In India, the Plant Varieties and Farmers' Rights Act, 2001, aims to protect the rights of plant
breeders and farmers while promoting the development of new plant varieties. This legislation
establishes two key authorities: the Plant Varieties Authority (PVA) and the Farmer's Rights
Authority (FRA). Both authorities have distinct roles and responsibilities under this Act.

Powers and Functions of Plant Varieties Authority (PVA)

The Plant Varieties Authority (PVA) is responsible for administering the registration of plant
varieties and protecting the intellectual property rights of breeders.

Powers and Functions:

1. Registration of Plant Varieties: The PVA is empowered to register new plant varieties,
ensuring that they meet the criteria of distinctiveness, uniformity, and stability.
2. Grant of Plant Breeder's Rights: It grants Plant Breeder's Rights (PBR) to the breeders of
new varieties, which include the exclusive right to produce, sell, and distribute the variety.
3. Maintenance of Plant Variety Registry: The PVA maintains a registry of all registered plant
varieties and provides information about them to the public.
4. Conduct of Tests: It conducts tests to verify the distinctiveness, uniformity, and stability of
plant varieties before granting registration.
5. Dispute Resolution: The PVA handles disputes related to plant variety registration and
rights.

Powers and Functions of Farmer's Rights Authority (FRA)

The Farmer's Rights Authority (FRA) focuses on recognizing and protecting the rights of farmers
who conserve, improve, and make use of plant genetic resources.

Powers and Functions:

1. Recognition of Farmer's Rights: The FRA recognizes and rewards farmers who have
developed new plant varieties through traditional breeding methods.
2. Compensation for Breeding: It provides compensation to farmers for their contributions to
the development of new plant varieties and for the conservation of plant genetic resources.

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3. Promotion of Farmer's Rights: The FRA promotes the protection and enhancement of
farmers' rights in relation to plant genetic resources.
4. Support for Farmers: It provides support and incentives to farmers for conserving plant
varieties and improving agricultural practices.
5. Coordination with PVA: The FRA coordinates with the PVA to ensure that farmers' rights are
considered in the registration and protection of plant varieties.

Conclusion
The Plant Varieties Authority and the Farmer's Rights Authority play crucial roles in the
implementation of the Plant Varieties and Farmers' Rights Act, 2001. The PVA focuses on the
registration and protection of plant breeders' rights, while the FRA ensures that farmers'
contributions to plant breeding and conservation are recognized and rewarded. Together, these
authorities aim to balance the interests of breeders and farmers, fostering innovation and
sustainability in agriculture.

7.Enumerate the legal issues relating to the protection of

plant varieties
Synoptical Points

1. Introduction
2. Legal Issues Relating to the Protection of Plant Varieties
- Patentability
- Duration of Protection
- Scope of Protection
- Farmer's Rights
- Enforcement Mechanisms
3. Conclusion

Introduction

The protection of plant varieties is crucial for encouraging agricultural innovation and ensuring
farmers' rights. Legal frameworks have been established to safeguard these interests, but
various issues arise in their implementation and interpretation.

Legal Issues Relating to the Protection of Plant Varieties

1. Patentability

- Issue: Determining whether plant varieties can be patented and under what conditions.

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- Explanation: Patents are generally available for new and inventive plant varieties, but they
must meet specific criteria, such as novelty and non-obviousness. However, plant patents can
sometimes overlap with plant variety protection (PVP) rights, leading to confusion.

2. Duration of Protection

- Issue: The length of time for which protection is granted.

- Explanation: Protection under PVP laws typically lasts 20-25 years, depending on the
jurisdiction. This duration can impact the balance between rewarding breeders and ensuring
public access to improved varieties.

3. Scope of Protection

- Issue: The extent to which the protection covers plant varieties.

- Explanation: Protection usually covers specific plant varieties but may not extend to all
plants derived from them. This can create challenges in determining the boundaries of protected
varieties and their derivatives.

4. Farmer's Rights

- Issue: Rights and exemptions granted to farmers regarding protected plant varieties.
- Explanation: Many legal frameworks recognize farmers' rights to save, use, and exchange
seeds of protected varieties, but the extent of these rights can vary. Ensuring these rights while
protecting breeders' interests is a key challenge.

5. Enforcement Mechanisms

- Issue: How protection is enforced and disputes are resolved.

- Explanation: Enforcement of plant variety protection can be complex, involving legal
disputes over infringement and compliance. Effective mechanisms are needed to address
violations and protect the rights of breeders and farmers.

Conclusion

The protection of plant varieties involves a delicate balance between encouraging innovation
and ensuring equitable access. Legal issues such as patentability, the duration and scope of
protection, farmers' rights, and enforcement mechanisms must be carefully managed to support
both breeders and the agricultural community.

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8.Explain the procedure for registration of new plant

varieties.
Synoptical Points
1. Introduction
2. Procedure for Registration
3. Examples (if necessary)
4. Conclusion

1. Introduction

Plant variety registration helps in protecting new plant varieties and ensures that breeders
receive recognition and rights for their innovations. This process is typically governed by
national legislation and international agreements to ensure uniform standards and protection.

2. Procedure for Registration

1. Application Filing
- The breeder or owner of a new plant variety must file an application with the relevant
authority, such as the National Plant Variety Protection Office. This application includes detailed
information about the plant variety, including its characteristics, origin, and breeding history.

2. Examination
- The application is examined to ensure that the plant variety meets the required criteria,
which usually include novelty, distinctness, uniformity, and stability (DUS criteria).

3. DUS Testing
- The plant variety undergoes a DUS test to confirm that it is distinct from other known
varieties, uniform in its characteristics, and stable through successive generations. This testing
is usually conducted by specialized institutions or laboratories.

4. Publication
- If the application and DUS test are successful, the details of the new plant variety are
published to allow for public scrutiny and objections. This step ensures transparency and gives
an opportunity for any interested parties to challenge the registration.

5. Grant of Certificate
- If there are no objections, or if any objections are resolved, the plant variety is registered,
and a certificate is issued. This certificate grants the breeder exclusive rights to the variety for a
specified period.

6. Maintenance

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- The breeder must maintain the plant variety according to the standards set by the registering
authority. This includes providing samples or data as required to prove the variety’s continued
compliance with the registration criteria.

3. Examples
For instance, if a breeder develops a new type of tomato that is more resistant to diseases than
existing varieties, they must follow this procedure to register it. The breeder will need to show
that this tomato is unique from other varieties, performs consistently, and retains its special
characteristics through generations.

4. Conclusion

The registration of new plant varieties is a structured process designed to protect innovations in
plant breeding. By ensuring that new varieties meet specific criteria and are thoroughly tested,
the process helps maintain high standards and provides breeders with the recognition and rights
necessary to support their continued innovation and investment in plant development.

UNIT 4

1.Narrate the powers and duties of the controller of designs.

Introduction
The Controller of Designs is an authority appointed under the Designs Act, 2000. The
Controller's primary responsibility is to manage and regulate design registrations in India,
ensuring that designs meet the legal requirements outlined in the Act.

Powers and Duties of the Controller of Designs:

1. Scrutinizing Applications:
The Controller examines the design applications to ensure they fulfill the legal criteria, such as
originality and uniqueness, as per Section 5 of the Designs Act, 2000.

2. Registration of Designs:
The Controller has the power to grant design registration if the application meets all legal
conditions. Under Section 6, if the design is novel, original, and has not been published before,
it can be registered.

3. Refusal to Register:
If the Controller finds that the design is not new, has been previously published, or does not
meet the requirements, they may refuse the application, as per Section 5.

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4. Amending the Register:

The Controller has the authority to make corrections or amendments in the Design Register in
case of clerical errors or mistakes in the application under Section 31.

5. Hearing of Oppositions:
If someone opposes a design registration, the Controller has the duty to hear the case and
decide the matter, under Section 19 of the Act.

6. Cancelling Registration:
The Controller has the power to cancel a registered design if it does not comply with the
provisions of the Act, especially if the design lacks novelty or has been previously published,
under Section 19.

7. Maintaining Confidentiality:
The Controller is responsible for maintaining the confidentiality of unpublished designs under
Section 26 of the Designs Act.

8. Appeals and Reviews:

Any person aggrieved by the decisions of the Controller can appeal or request a review of
decisions under Section 36.

Conclusion
The Controller of Designs plays a crucial role in ensuring the legal registration and protection of
designs in India. Their duties and powers ensure that only original, novel designs are protected
under the law, while also providing a mechanism for addressing disputes and errors. Through
the provisions of the Designs Act, 2000, the Controller ensures transparency, fairness, and
accuracy in the design registration process.

2.Explain the salient features of the Designs Act, 1911.

1. Synoptical Points:
- Introduction
- Definitions
- Features of the Act
- Examples
- Conclusion

2. Introduction:
The Designs Act, 1911, was enacted to protect the designs created by industrial processes or
means. It ensured that the creator of a design had exclusive rights to use and sell it. This Act

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was later replaced by the Designs Act, 2000, but it laid the foundation for design protection in
India.

3. Salient Features of the Designs Act, 1911:

a. Definition of 'Design':
According to Section 2(5) of the Designs Act, 1911, a "design" refers to the features of shape,
configuration, pattern, or ornamentation that are applied to an article and are judged solely by
the eye. This excludes any mode or principle of construction.

Example: If someone creates a unique pattern for clothing or a chair, it would be considered a
"design" under this Act.

b. Registration of Designs:
The Act provided a mechanism for registering designs, allowing creators to have exclusive
rights over their design for a period of 5 years, which could be extended to 15 years in total.
Registration helped prevent unauthorized copying or imitation of the design.

c. Criteria for Design Protection:

To qualify for protection, a design must:
- Be new and original.
- Not be previously published or used in India or any other country.
- Be distinct and not a mere mechanical contrivance.
- Be applied to an article (industrial application).

d. Legal Proceedings for Infringement:

The Act provided for legal action against infringement, where the owner of a registered design
could sue for damages if another party used the design without permission.

Example: If Company A registered a unique bottle design, and Company B copied it without
consent, Company A could initiate legal action under the Act.

e. Assignment and Licensing:

Designs could be transferred or licensed to others, allowing the registered proprietor to sell or
authorize the use of the design.

f. Publication and Inspection of Registered Designs:

Once a design was registered, it was made public, and anyone could inspect the designs
register to check existing designs. This encouraged transparency and awareness.

4. Conclusion:
The Designs Act, 1911, was an essential step in protecting industrial designs in India, ensuring
that creators could safeguard their innovations and maintain exclusive rights over them.

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Although it has since been replaced by the Designs Act, 2000, it provided the foundation for the
protection of intellectual property rights in designs.

3.Define design. Explain the salient features of Design Act,

2000.
Synoptical Points:
1. Introduction: Define "Design" under the Design Act, 2000.
2. Salient Features of the Design Act, 2000: Key provisions and principles.
- Section 2(d) - Definition of design
- Registration Process
- Duration and Renewal
- Piracy of Registered Designs
- Rights of the Proprietor
- Exclusion from Registration
3. Conclusion: Summarize the importance of the Design Act, 2000.

Introduction:
The Design Act, 2000 governs the protection of designs in India. Under Section 2(d) of the Act,
a "design" refers to the features of shape, configuration, pattern, ornament, or composition of
lines or colors applied to an article. These features must be new or original and should be
visually judged in the finished article, making it appealing to the eye. Importantly, a design must
not include a method of construction, or any mechanical or functional aspect of the article.

Salient Features of the Design Act, 2000:

1. Definition of Design (Section 2(d)):
As mentioned, a "design" under the Act is about the visual and aesthetic aspects of an article,
focusing on its appearance rather than its function.

2. Registration Process:
A design can only be protected once it is registered. The application for registration must be
made to the Design Office. Upon registration, the proprietor gets the exclusive right to use the
design for a specific time period.

3. Duration and Renewal:

The Act provides protection for a registered design for an initial period of 10 years, which can
be further extended by 5 years, making the total duration 15 years.

4. Piracy of Registered Designs:

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The Act outlines the concept of "design piracy." If someone uses or applies a registered
design without permission, it is considered a violation, and the proprietor has the right to take
legal action to stop the misuse and claim damages.

5. Rights of the Proprietor:

The registered proprietor has exclusive rights to use the design. This means that no other
person can apply the same design to any article without consent from the proprietor.

6. Exclusion from Registration:

Certain designs cannot be registered under the Act, including designs that are not new or
original, or those that are functional rather than aesthetic.

Conclusion:
The Design Act, 2000 plays a crucial role in protecting the intellectual property rights of
designers by ensuring their creative designs are not copied or misused. It encourages
innovation in industries like fashion, furniture, electronics, and more. By providing legal
protection and enforcement mechanisms, it helps maintain the balance between creators and
consumers.

4.Explain the procedure for registration of design under the

Design Act, 2000.

1. Synoptical Points:
- Introduction
- Procedure for Registration
- Preparation and Filing of Application
- Examination of Application
- Publication
- Registration
- Duration and Renewal
- Conclusion

2. Introduction:

The Design Act, 2000 governs the registration of designs in India. It provides legal protection for
the unique visual appearance of a product, which includes its shape, configuration, pattern, or
ornamentation.

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3. Procedure for Registration:

- Preparation and Filing of Application:

- Preparation: The applicant must prepare an application for design registration. This includes
providing a detailed representation of the design, usually in the form of drawings or
photographs.
- Filing: The application is filed with the Design Office, which is part of the Controller General
of Patents, Designs, and Trademarks. It should include a request form, a representation of the
design, and the prescribed fee.

- Examination of Application:
- The Design Office examines the application to ensure that the design meets the criteria of
novelty and originality as per Section 4 of the Design Act, 2000. This involves checking if the
design is new and has not been disclosed or used anywhere before.

- Publication:
- After examination, if the design meets the requirements, it is published in the Design Journal.
This allows the public to view and raise objections if they believe the design does not qualify for
registration.

- Registration:
- If no objections are received within the stipulated period after publication, or if the objections
are resolved, the design is registered, and a registration certificate is issued to the applicant.
The registration grants the exclusive right to use the design for up to 10 years.

- Duration and Renewal:

- The initial registration is valid for 10 years from the date of filing. It can be renewed for an
additional 5 years, making a total of 15 years.

4. Conclusion:

The registration of a design under the Design Act, 2000 is a straightforward process involving
the filing of an application, examination, publication, and registration. It ensures that designers
have legal protection for their unique and original designs, promoting creativity and innovation in
the design field.

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5.What are the basic requirements for registration of Designs

? Explain.

Synoptical Points:
1. Introduction
2. Basic Requirements for Design Registration
- Novelty
- Originality
- Industrial Applicability
- Clarity and Precision
3. Example
4. Conclusion

Introduction
Design registration is a process that protects the visual appearance of a product, rather than its
functionality. In India, the registration of designs is governed by the Designs Act, 2000. To
qualify for registration, certain basic requirements must be met.

Basic Requirements for Design Registration

1. Novelty:
The design must be new and not previously disclosed in any form. It should not be identical or
similar to any design that has been published or used anywhere in the world before the date of
application. This ensures that the design is unique.

2. Originality:
The design must be original and created by the designer. It should not be a mere copy or
imitation of existing designs. Originality means that the design should be the result of the
designer’s own intellectual effort.

3. Industrial Applicability:
The design must be capable of being applied to an article of manufacture and should be
intended for industrial use. This means that the design should be practical and capable of being
mass-produced.

4. Clarity and Precision:

The design must be clearly defined and precisely represented in the application. This includes
providing accurate drawings or representations of the design to ensure that it can be easily
understood and identified.

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Example
For instance, if a designer creates a new pattern for a smartphone case that is visually
distinctive and not previously seen in any other smartphone cases, this design can be
registered, provided it meets the above requirements.

Conclusion
In summary, to register a design, it must be novel, original, industrially applicable, and clearly
represented. Meeting these requirements ensures that the design is protected under the
Designs Act and prevents others from using or copying it without permission.

6.What are the powers and functions of the controller under

Design Act, 2000?

Synoptical Points:

1. Introduction
2. Powers of the Controller
3. Functions of the Controller
4. Conclusion

Introduction

The Design Act, 2000, governs the registration and protection of industrial designs in India.
Under this act, the Controller of Designs plays a critical role in overseeing and managing the
design registration process.

Powers of the Controller

1. Registration of Designs: The Controller has the authority to register industrial designs after
verifying their compliance with legal requirements.
2. Examine Applications: The Controller examines applications for design registration to
ensure they meet the criteria set forth by the Act.
3. Maintain Register: The Controller maintains the official register of designs, recording all
relevant details about registered designs.
4. Grant or Refuse Registration: The Controller can grant or refuse registration based on
whether the design meets the legal standards.
5. Take Action Against Infringements: The Controller can initiate action in cases of design
infringement or unauthorized use.
6. Conduct Hearings: The Controller has the power to conduct hearings for disputes related to
design registration and rights.

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Functions of the Controller

1. Processing Applications: The Controller processes applications for design registration,

ensuring all necessary documentation is submitted and accurate.
2. Verification and Examination: The Controller verifies that the design is new, original, and
not previously disclosed to the public.
3. Issuing Certificates: Upon successful registration, the Controller issues certificates
confirming the design's registration and protection.
4. Managing Records: The Controller manages and updates the official design register,
keeping track of registered designs, their status, and any changes.
5. Handling Disputes: The Controller handles disputes related to design registration, including
objections and appeals.

Conclusion

The Controller under the Design Act, 2000, is responsible for overseeing the registration
process, maintaining records, and ensuring compliance with design laws. This role is essential
for protecting intellectual property related to industrial designs and resolving related disputes.

7.Explain the concept of copyright in registered design.

Synoptical Points:
1. Introduction
2. Concept of Copyright in Registered Design
3. Explanation
4. Examples
5. Conclusion

Introduction
Copyright and registered design are distinct areas of intellectual property law, but they
sometimes intersect. This answer focuses on the concept of copyright in relation to registered
designs.

Concept of Copyright in Registered Design

A registered design protects the visual appearance of a product, including its shape,
configuration, pattern, or ornamentation. Copyright, on the other hand, generally protects
original works of authorship like literature, music, and art. However, copyright can also apply to
the artistic aspects of a registered design.

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Explanation
1. Registered Design: According to the Designs Act, 2000, a registered design protects the
visual features of shape, configuration, pattern, ornamentation, or composition of lines or colors
applied to an article. It gives the owner exclusive rights to use and license the design.

2. Copyright: Under the Copyright Act, 1957, copyright protects original works of art, including
drawings and illustrations. If a design is created as an artistic work (e.g., a unique graphic or
illustration), it may be protected by copyright even if it is also registered as a design.

3. Intersection: When a design is registered, it is protected under the Designs Act, but if the
design also qualifies as an artistic work under the Copyright Act, it can enjoy additional
protection. This means that if someone creates an original artistic design that is also registered,
they benefit from both the exclusive rights of a registered design and the copyright protection for
the artistic elements.

Example
If an artist creates a unique pattern for a fabric, they can register this pattern as a design under
the Designs Act. Simultaneously, if the pattern qualifies as an artistic work, it can also be
protected by copyright. This dual protection ensures that both the appearance of the fabric and
its artistic originality are safeguarded.

Conclusion
In summary, copyright in registered design means that a design can benefit from both the
specific protection of its visual features under design law and the broader artistic protection
under copyright law. This dual protection provides comprehensive security for the creator’s
intellectual property.

UNIT 5

1.Explain the salient features of Paris Convention.

Introduction
The Paris Convention for the Protection of Industrial Property, established in 1883, is a key
international treaty aimed at protecting industrial property rights. It covers patents, trademarks,
industrial designs, and unfair competition. The Convention provides a framework for member
countries to safeguard these rights and promote international trade and innovation.

Salient Features

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1. National Treatment
Each member country must grant the same protection to foreign applicants as it does to its
own nationals. This means that an inventor or business from one member country will be
treated equally to local entities when applying for patents or trademarks in another member
country.

2. Right of Priority
If an applicant files for protection in one member country, they have up to 12 months (for
patents) or 6 months (for trademarks) to file in other member countries and still claim the original
filing date. This helps in securing rights across multiple jurisdictions without losing the initial filing
date.

3. Independence of Patents and Trademarks

Patents and trademarks are granted and enforced independently by each member country.
This means that a patent or trademark in one country does not automatically extend to others,
and each country will handle applications and enforcement according to its own laws.

4. Protection Against Unfair Competition

The Convention provides measures against unfair competition, ensuring that businesses
cannot engage in deceptive practices or misrepresentations that harm competitors. This
promotes fair trade practices among member countries.

5. Assistance and Cooperation

Member countries agree to cooperate and assist each other in the enforcement of industrial
property rights. This includes sharing information and coordinating efforts to combat counterfeit
goods and intellectual property theft.

6. International Bureau
The World Intellectual Property Organization (WIPO) administers the Paris Convention and
maintains an international registry for certain aspects of industrial property. This helps
streamline processes and provides resources for member countries.

Conclusion
The Paris Convention establishes a standardized approach to protecting industrial property
across member countries, ensuring fair treatment, priority rights, and cooperative efforts to
combat unfair competition. By harmonizing regulations and offering support, the Convention
facilitates global trade and innovation.

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2.Enumerate the objectives of convention on Bio-diversity.

Introduction
The Convention on Biological Diversity (CBD) is an international treaty aimed at promoting
sustainable development while protecting the planet's biological diversity. Adopted in 1992 at
the Earth Summit in Rio de Janeiro, the CBD has three main objectives that guide its mission to
conserve and manage biodiversity effectively.

Objectives

1. Conservation of Biological Diversity

- Explanation: The primary goal of the CBD is to preserve the variety of life forms on Earth.
This includes protecting ecosystems, species, and genetic diversity. Conservation efforts ensure
that the rich array of living organisms, from microscopic bacteria to large mammals, are
safeguarded.
- Example: Establishing protected areas such as national parks and wildlife reserves to
prevent habitat loss and protect endangered species.

2. Sustainable Use of Biological Resources

- Explanation: The CBD aims to ensure that natural resources are used in a way that meets
current needs without compromising the ability of future generations to meet theirs. This
involves managing the use of resources like forests, water, and fisheries in a way that maintains
their ecological balance.
- Example: Implementing sustainable fishing practices to prevent overfishing and ensure that
fish populations remain healthy.

3. Fair and Equitable Sharing of Benefits

- Explanation: The CBD seeks to ensure that the benefits derived from biological resources,
including genetic resources, are shared fairly among all stakeholders, especially those in
developing countries where many of these resources originate. This includes ensuring that local
communities receive a fair share of the profits from bioprospecting and other resource-related
activities.
- Example: Negotiating agreements with pharmaceutical companies to share a portion of the
profits from new drugs developed from traditional knowledge or genetic resources with the
indigenous communities who provided the initial resources.

Conclusion
The Convention on Biological Diversity is fundamental in guiding global efforts to protect and
sustainably use the planet's biological resources. By focusing on conservation, sustainable use,
and equitable benefit-sharing, the CBD aims to achieve a balance between meeting human
needs and preserving the natural world for future generations.

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3.Explain the salient features of convention on biological

diversity.
Introduction

The Convention on Biological Diversity (CBD) is an international treaty aimed at conserving

biological diversity, ensuring sustainable use of its components, and sharing the benefits arising
from genetic resources fairly. Adopted in 1992 at the Earth Summit in Rio de Janeiro, the CBD is
a key framework for global efforts to protect the planet’s ecosystems.

Salient Features

1. Conservation of Biological Diversity

- The CBD emphasizes the need to protect various forms of life on Earth, including
ecosystems, species, and genetic diversity. This involves preserving habitats, protecting
endangered species, and maintaining ecosystems' health.

2. Sustainable Use of Biological Resources

- It promotes using biological resources in a way that does not lead to their depletion or
destruction. This means balancing human needs with the health of ecosystems, ensuring that
resource use does not compromise future generations' ability to meet their needs.

3. Fair and Equitable Sharing of Benefits

- The CBD stresses that the benefits derived from genetic resources should be shared fairly
and equitably. This includes ensuring that indigenous communities and countries that provide
genetic resources receive appropriate benefits, such as financial compensation or access to
technology.

4. National Biodiversity Strategies and Action Plans

- Countries that are parties to the CBD are required to develop national strategies and action
plans to address biodiversity issues. These plans outline how each country will conserve and
use its biological resources sustainably.

5. Access to Genetic Resources and Benefit-Sharing

- The CBD sets guidelines for accessing genetic resources and sharing benefits. This includes
obtaining consent from countries or communities that provide these resources and ensuring that
benefits are distributed fairly.

6. Research and Monitoring

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- The convention encourages research on biodiversity and the establishment of monitoring
systems to track the state of biological diversity. This helps in understanding trends, threats, and
the effectiveness of conservation measures.

Conclusion

The Convention on Biological Diversity is a crucial international agreement that seeks to protect
the rich tapestry of life on Earth through conservation, sustainable use, and fair sharing of
benefits. By requiring countries to develop national plans and adhere to guidelines on resource
access and benefit-sharing, the CBD aims to foster global cooperation in preserving biodiversity
for future generations.

4.Explain the provisions of Berne convention.

Synoptical Points:
1. Introduction to the Berne Convention
2. Key Provisions of the Berne Convention
- Protection of Literary and Artistic Works
- Minimum Standards of Protection
- National Treatment
- Moral Rights
- Duration of Protection
- Formalities and Exceptions
3. Conclusion

Introduction:
The Berne Convention for the Protection of Literary and Artistic Works, commonly known as the
Berne Convention, is an international agreement designed to protect the rights of authors and
creators across member countries. Established in 1886, it aims to ensure that works created in
one member country are given the same protection in other member countries without requiring
any formalities.

Provisions of the Berne Convention:

1. Protection of Literary and Artistic Works:

- The Convention protects various types of works, including novels, poems, plays, music, and
paintings. It ensures that creators have the right to control the use of their works and to receive
compensation for their use.

2. Minimum Standards of Protection:

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- Member countries must provide certain minimum protections to authors, such as the right to
prevent unauthorized reproductions or adaptations of their works. However, they are free to offer
more extensive protections if desired.

3. National Treatment:
- This principle ensures that works created by authors from one member country are granted
the same protection in other member countries as the latter's own national works. For example,
if an author from France publishes a novel in France, the novel will receive protection in the
United States as if it were created by an American author.

4. Moral Rights:
- Authors have moral rights over their works, including the right to attribution (credit for their
work) and the right to object to any modification that could harm their reputation. These rights
are preserved regardless of the economic rights.

5. Duration of Protection:
- Works are protected for a minimum period of the author’s life plus 50 years, though many
countries extend this duration to 70 years. This means that the rights to a work typically last for
the lifetime of the author plus a fixed number of years posthumously.

6. Formalities and Exceptions:

- The Convention prohibits member countries from requiring formalities, such as registration,
for works to be protected. It also allows for certain exceptions, such as fair use or fair dealing,
where works can be used without permission under specific circumstances.

Conclusion:
The Berne Convention provides a comprehensive framework for the protection of literary and
artistic works internationally. By establishing minimum standards and ensuring equal protection
across member countries, it helps safeguard the rights of creators and promotes the free flow of
creative works worldwide.

5.Explain the provisions of Paris convention,:

1. Synoptical Points:
- Introduction
- Provisions
- National Treatment
- Right of Priority
- Common Rules
- Protection of Industrial Property

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- Administrative and Legal Provisions
- Conclusion

2. Introduction
The Paris Convention for the Protection of Industrial Property is an international treaty that aims
to provide protection for industrial property rights, such as patents, trademarks, and industrial
designs. It was established in 1883 and has been revised multiple times. Its goal is to ensure
that the intellectual property rights of creators are respected and protected across different
member countries.

3. Provisions

- National Treatment:
This principle requires member countries to treat nationals of other member states as favorably
as their own nationals concerning industrial property rights. For example, if a French inventor
files a patent in Brazil, Brazil must grant the same protection to the French patent as it would to
a Brazilian patent.

- Right of Priority:
This provision allows an inventor or trademark owner to claim a priority date based on an
earlier application filed in a member country. For instance, if an inventor files a patent
application in Germany and then files in Japan within a specific time period (usually 12 months),
the Japanese application will be treated as if it were filed on the same date as the German one.

- Common Rules:
The Convention sets common rules for the protection of industrial property, such as the
minimum standards for patent and trademark registration processes. These rules help
standardize the procedures and ensure consistent protection across different jurisdictions.

- Protection of Industrial Property:

The Convention covers various aspects of industrial property, including patents, trademarks,
industrial designs, and geographical indications. It ensures that these rights are protected and
enforced according to the standards set by the Convention.

- Administrative and Legal Provisions:

The Convention provides for the establishment of an International Bureau to manage the
administrative functions of the treaty. It also sets out the procedures for resolving disputes and
ensuring compliance with the Convention’s provisions.

4. Conclusion
The Paris Convention plays a crucial role in the international protection of industrial property
rights. By adhering to its principles, member countries can ensure that intellectual property
rights are respected and protected across borders, promoting innovation and fair competition
globally.

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6.Explain the provisions relating to international protection

of IPR under TRIPS agreement

Synoptical Points:
1. Introduction
2. Scope of Protection under TRIPS
3. Standards of Protection
4. Enforcement Mechanisms
5. Dispute Resolution
6. Conclusion

Introduction
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) is a global
standard-setting agreement administered by the World Trade Organization (WTO). It sets out
minimum standards for the protection and enforcement of intellectual property rights (IPR)
among member countries to ensure that IP laws are consistent and effective globally.

Scope of Protection under TRIPS

TRIPS covers a wide range of intellectual property rights, including copyright, trademarks,
patents, geographical indications, industrial designs, and trade secrets. This agreement aims to
harmonize these protections across different countries, ensuring that creators and inventors
receive adequate protection for their works and innovations.

Standards of Protection
1. Copyright: TRIPS requires members to provide protection for the life of the author plus 50
years. This includes the right to reproduce, distribute, and display works.

2. Trademarks: TRIPS mandates protection for trademarks that are distinctive and used in
commerce. Member countries must also prevent the use of misleading marks that could cause
confusion.

3. Patents: TRIPS requires protection for inventions, including new products and processes, for
a minimum of 20 years. This ensures inventors can benefit from their innovations.

4. Geographical Indications: TRIPS protects products identified by their geographical origin,

ensuring that only products from a specific place can use the name associated with that place.

5. Industrial Designs: Protection must be provided for the visual design of objects that are new
and original, preventing others from copying them.

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6. Trade Secrets: Members must protect confidential business information from unauthorized
disclosure and use.

Enforcement Mechanisms
TRIPS requires member countries to enforce IP rights effectively through legal systems. This
includes providing legal procedures and remedies for infringement, such as injunctions and
damages. The agreement also calls for the establishment of border measures to prevent the
import and export of counterfeit goods.

Dispute Resolution
TRIPS includes a dispute resolution mechanism under the WTO's Dispute Settlement Body. If a
member country believes another member is not complying with TRIPS obligations, it can bring
a case before this body to resolve the issue.

Conclusion
The TRIPS Agreement establishes a comprehensive framework for international protection of
intellectual property rights, ensuring that IP laws are consistent and enforced globally. By setting
minimum standards and providing mechanisms for enforcement and dispute resolution, TRIPS
aims to create a balanced and effective system for protecting intellectual property worldwide.

7.Explain importance of Trips Agreement for the

Development of Intellectual Property Rights.
1. Synoptical Points:
- Introduction to TRIPS Agreement
- Key Objectives of TRIPS
- Impact on Intellectual Property Rights (IPR) Development
- Examples of TRIPS Impact
- Conclusion

2. Introduction:
The TRIPS Agreement, or the Agreement on Trade-Related Aspects of Intellectual Property
Rights, is an international legal agreement that was established in 1995 as part of the World
Trade Organization (WTO) framework. It aims to standardize and enforce intellectual property
rights (IPR) globally to encourage innovation, technology transfer, and fair trade practices.

3. Objectives of TRIPS:
- Standardization: TRIPS sets minimum standards for IPR protection across member
countries, ensuring that intellectual property laws are consistent and fair.

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- Enforcement: It provides mechanisms for the effective enforcement of IPRs, including
measures for dispute resolution and penalties for infringement.
- Promotion of Innovation: By protecting creators' and inventors' rights, TRIPS incentivizes
research and development, leading to technological and creative advancements.
- Technology Transfer: Encourages sharing of technology and knowledge between countries,
promoting global economic development.

4. Impact on Intellectual Property Rights (IPR) Development:

- Harmonization: Before TRIPS, different countries had varying levels of IPR protection.
TRIPS harmonizes these laws, creating a more predictable environment for global trade and
investment.
- Enhanced Protection: It strengthens protections for patents, copyrights, trademarks, and
geographical indications, leading to better safeguarding of intellectual property.
- Legal Framework: Provides a legal framework for addressing disputes and enforcement
issues, helping to resolve conflicts between parties more effectively.

5. Examples of TRIPS Impact:

- Pharmaceutical Industry: TRIPS has led to stronger patent protections for
pharmaceuticals, incentivizing companies to invest in drug development. However, it has also
sparked debates about access to medicines in developing countries.
- Technology Sector: Technology companies benefit from TRIPS as it ensures their patents
and trade secrets are protected internationally, fostering innovation and investment in new
technologies.

6. Conclusion:
The TRIPS Agreement plays a crucial role in the development of intellectual property rights by
creating a unified and robust framework for protection and enforcement. It encourages
innovation, supports economic growth, and promotes fair trade practices globally. While it has
had significant benefits, it also presents challenges, particularly in balancing the interests of
creators and public access. Overall, TRIPS has been instrumental in shaping the modern
landscape of intellectual property.

8.Elucidate nature, scope and objectives of convention of

Bio-diversities.
Synoptical Points
1. Introduction
2. Nature of the Convention on Biodiversity
3. Scope of the Convention on Biodiversity
4. Objectives of the Convention on Biodiversity
5. Conclusion

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Introduction
The Convention on Biological Diversity (CBD) is an international treaty aimed at conserving
biodiversity, promoting sustainable use of its components, and ensuring the fair and equitable
sharing of benefits arising from genetic resources. It was adopted during the Earth Summit in
Rio de Janeiro in 1992.

Nature of the Convention on Biodiversity

The CBD is a legally binding international agreement. It represents a comprehensive framework
that acknowledges the intrinsic value of biological diversity and aims to address the challenges
faced by ecosystems, species, and genetic diversity. The convention focuses on three main
areas: conservation of biological diversity, sustainable use of its components, and fair and
equitable sharing of benefits derived from genetic resources.

Scope of the Convention on Biodiversity

The scope of the CBD covers various aspects of biodiversity:
- Conservation: Efforts to preserve and protect ecosystems, species, and genetic diversity.
- Sustainable Use: Ensuring that natural resources are used in a way that does not lead to their
long-term depletion.
- Fair and Equitable Sharing: Promoting the sharing of benefits from the use of genetic
resources with the countries or communities that provided them.

The CBD applies to all levels of biodiversity, including ecosystems, species, and genetic
resources, and spans various sectors, such as agriculture, forestry, fisheries, and tourism.

Objectives of the Convention on Biodiversity

1. Conservation of Biological Diversity: To safeguard ecosystems, species, and genetic
resources to ensure their continued existence.
2. Sustainable Use of Components of Biological Diversity: To use biological resources in a
way that meets the needs of the present without compromising the ability of future generations
to meet their own needs.
3. Fair and Equitable Sharing of Benefits: To ensure that the benefits arising from the
utilization of genetic resources are shared fairly and equitably among all stakeholders,
particularly those who contribute genetic resources.

Conclusion
The Convention on Biological Diversity is a crucial international instrument for addressing the
global challenges related to biodiversity loss. Its nature as a legally binding agreement, its broad
scope, and its clear objectives collectively aim to preserve the rich diversity of life on Earth,
promote sustainable use of natural resources, and ensure equitable sharing of benefits. By
focusing on these areas, the CBD plays a vital role in fostering global cooperation towards the
conservation of our planet’s biological wealth.

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SHORTS

UNIT 1

1.State the procedure for assignment of copyright.

Introduction

Copyright is a legal right granted to the creator of original works such as literature, art, music,
and more. The copyright owner has exclusive rights to reproduce, distribute, and license their
work. However, these rights can be transferred to another person through a process known as
"assignment of copyright."

Procedure for Assignment of Copyright

The procedure for assignment of copyright is explained under Section 18 of the Copyright Act,
1957. It involves the following steps:

1. Written Agreement: The assignment must be in writing. Oral agreements are not valid for
transferring copyright. The document must specify the terms and conditions of the assignment,
including the rights assigned and the duration of the assignment.

2. Clear Description: The assignment must clearly define which rights are being transferred.
The owner can assign all or part of the rights, such as the right to reproduce, distribute, or
perform the work. It should also mention if the assignment is for a specific territory or worldwide.

3. Duration and Territory: If the assignment does not specify the duration or territorial extent,
the law assumes it to be valid for five years and limited to India, as per Section 19 of the
Copyright Act.

4. Consideration (Payment): The agreement should include the consideration (payment) for
the assignment. If no payment is mentioned, the assignment may be deemed invalid.

Example

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For instance, if an author assigns the copyright of their book to a publisher, they may grant the
publisher the right to print and distribute copies for a specified number of years in exchange for
royalties.

Conclusion

The assignment of copyright allows the owner to transfer their rights to another person or entity
through a written agreement. This ensures that the copyright holder retains control over the
work, while also allowing others to use it lawfully. Following the legal procedure as outlined in
the Copyright Act is crucial for a valid assignment.

2.Write a note on termination of licence of copyright.

1. Introduction
A copyright license is an agreement where the copyright owner grants permission to another
party to use the copyrighted work. However, like any other contract, this license can be
terminated under certain conditions.

2. Explanation of Termination of License

According to the Indian Copyright Act, 1957, a copyright license can be terminated in various
circumstances, such as:

- Expiry of the License Term: If a license is granted for a specific period, it automatically ends
when the term expires.
- Breach of Agreement: If the licensee violates the terms of the agreement, the licensor
(copyright owner) has the right to terminate the license.
- Revocation by the Licensor: In some cases, the licensor may revoke the license. Section
30A of the Copyright Act mentions that licenses can be revoked if the conditions mentioned in
the agreement allow it.

3. Example
If a music company gives a license to a radio station to play a song for a year and the station
continues playing it beyond that year without renewing the license, the company can terminate
their license due to breach of the agreement.

4. Conclusion
The termination of a copyright license depends on the terms mentioned in the contract, the
breach of those terms, or the expiration of the license period. It is essential for both parties to
understand the terms to avoid conflicts.

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3.Write a note on: Copyright societies.

1. Introduction:
A copyright society is a legal entity formed under the Indian Copyright Act, 1957, to collectively
manage rights for copyright holders like authors, musicians, and filmmakers. The main purpose
is to license, collect, and distribute royalties to the copyright owners.

2. Explanation:
According to Section 33 of the Indian Copyright Act, only registered copyright societies are
authorized to carry out the business of issuing licenses and collecting royalties. Copyright
societies work for different types of creative works, such as literary, musical, and artistic works.
They negotiate with users, such as TV stations, radio channels, or streaming services, and
ensure the copyright owners get paid for their work.

3. Meaning:
There is no need to explain the meaning of a copyright society separately, as the explanation is
provided in the context of their function under the Copyright Act.

4. Example:
For instance, the Indian Performing Rights Society (IPRS) is a well-known copyright society in
India that manages the rights of music composers, lyricists, and publishers. It ensures that when
their works are used, proper royalties are collected and distributed to them.

5. Conclusion:
Copyright societies play a crucial role in protecting the rights of creators by ensuring they
receive fair compensation for the use of their works. These societies help creators focus on their
art while managing the legal and financial aspects of copyright enforcement.

4.Write a note on Copyright board.

Introduction
The Copyright Board is a quasi-judicial body established under the Copyright Act, 1957. Its
primary role is to oversee and resolve disputes related to copyright issues in India. The board
ensures that creators, artists, and other stakeholders in creative works receive protection for
their intellectual property rights.

Explanation
Under the Copyright Act, 1957, the Copyright Board has the authority to:
1. Resolve disputes related to the ownership of copyright.
2. Determine the terms and conditions for licensing copyrighted works.
3. Handle matters concerning statutory licenses.

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4. Fix royalties for the use of copyrighted works in certain situations.

According to Section 11 of the Copyright Act, the board is appointed by the Central
Government and comprises a chairman and other members, including individuals with expertise
in copyright law.

Example
If an author and a publisher have a dispute regarding the royalties owed for the reproduction of
a book, they can approach the Copyright Board for resolution. The board will hear both sides
and make a decision that aligns with the provisions of the law.

Conclusion
The Copyright Board plays a crucial role in the smooth functioning of copyright-related matters
in India. It provides a platform for creators and users of copyrighted material to resolve their
disputes and ensures the fair application of copyright laws.

5.Computer software and copyright.

Introduction

Computer software, like other forms of creative work, is protected by copyright law. This
protection ensures that the creators of software have control over how their work is used,
distributed, and modified. Copyright laws are crucial in fostering innovation and creativity by
granting creators exclusive rights to their creations.

Explanation

Copyright protection for computer software is governed by specific provisions in copyright laws.
In most countries, including India, software is considered a literary work under the copyright act.
This means that software developers have the exclusive rights to reproduce, distribute, and
modify their software.

In India, the Copyright Act, 1957, specifically addresses software under Section 2(o), which
defines a "literary work" to include computer programs. This protection includes both the source
code (the human-readable instructions written by programmers) and the object code (the
machine-readable instructions executed by the computer).

Example

For instance, if a developer writes a new word processing program, they automatically have
copyright protection over the source code. This means they can control who can copy,

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distribute, or alter their code. If someone else wants to use this software, they must get
permission from the developer, often through a license agreement.

Conclusion

In summary, copyright protection for computer software ensures that developers have control
over their creations. This protection covers both the source and object code, allowing
developers to prevent unauthorized use and modifications. Such legal safeguards are essential
for promoting and protecting innovation in the software industry.

6.Nature of copyright

1. Introduction

Copyright is a legal right granted to the creator of original works, such as literature, music, art,
and software. This right allows the creator to control how their work is used and to benefit
financially from it.

2. Explanation

Copyright gives the creator exclusive rights to their work, which means only they can reproduce,
distribute, perform, or display it. This right is automatic as soon as the work is created and fixed
in a tangible form, such as writing it down or recording it.

3. Meaning

According to the Copyright Act, copyright protects original works of authorship. This protection is
not about the idea itself but the expression of that idea. For instance, while the idea for a novel
about time travel is not protected, the specific way it is written and presented is.

4. Example

If you write a novel, you automatically have copyright over that text. Others cannot legally
publish, reproduce, or adapt your novel without your permission. However, the basic idea of
time travel or the concept of a detective solving a mystery is not copyrighted.

5. Conclusion

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Copyright ensures that creators have control over their original works and can benefit from
them. It encourages creativity and innovation by protecting the expression of ideas rather than
the ideas themselves.

UNIT 2

1.Enumerate the issues of biological diversity.

Introduction

Biological diversity, or biodiversity, refers to the variety of life forms on Earth, including plants,
animals, fungi, and microorganisms. This diversity is crucial for ecosystem stability, resilience,
and the overall health of our planet. However, various issues threaten this biological diversity,
impacting ecosystems and human well-being.

Issues of Biological Diversity

1. Habitat Destruction: The conversion of natural habitats into agricultural land, urban areas, or
industrial sites reduces the space available for wildlife. For instance, deforestation in the
Amazon rainforest destroys the habitats of countless species, leading to their decline.

2. Climate Change: Alterations in climate patterns, such as rising temperatures and changing
precipitation, affect the habitats and survival of many species. Polar bears, for example, are
struggling due to the melting of Arctic ice, which is crucial for their hunting and breeding.

3. Pollution: Contaminants in air, water, and soil can harm or kill species and disrupt
ecosystems. Chemical runoff from agriculture can lead to eutrophication in water bodies,
causing dead zones where aquatic life cannot survive.

4. Overexploitation: Overharvesting of resources, such as fishing, hunting, and logging, can

deplete species faster than they can replenish. The overfishing of tuna, for example, has led to
significant declines in their populations.

5. Invasive Species: Non-native species introduced to new environments can outcompete and
displace native species. The introduction of the brown tree snake to Guam has led to the
extinction of several native bird species.

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6. Genetic Erosion: Loss of genetic diversity within species can make them more vulnerable to
diseases and environmental changes. For example, the monoculture farming of crops like wheat
reduces genetic diversity, making them more susceptible to pests and diseases.

Conclusion

The issues threatening biological diversity are interconnected and require comprehensive
strategies to address them. Protecting habitats, mitigating climate change, reducing pollution,
managing resource use, controlling invasive species, and preserving genetic diversity are
essential steps toward maintaining the health and stability of ecosystems. Addressing these
issues helps ensure the survival of diverse life forms and the overall well-being of our planet.

2.Explain the responsibilities of State Bio-diversity Board.

Introduction:

The State Biodiversity Board (SBB) is a statutory body established under the Biological Diversity
Act, 2002. It plays a crucial role in conserving biological diversity, managing sustainable use,
and ensuring equitable sharing of benefits from the use of biological resources. Each state
forms its own biodiversity board to handle the functions specified by the Act.

Responsibilities of State Biodiversity Board:

1. Regulating Access to Biological Resources:

The SBB is responsible for ensuring that local people and communities have control over their
biological resources. Section 23 of the Biological Diversity Act, 2002, gives the SBB the
authority to regulate the use of biological resources within the state. It decides who can access
the resources and under what conditions. The board also ensures that these resources are not
exploited by external entities without permission.

2. Advise the State Government:

The SBB advises the state government on matters related to the conservation and sustainable
use of biodiversity. This includes setting policies for the preservation of ecosystems, species,
and genetic resources.

3. Conservation and Sustainable Use:

According to Section 23(b), the SBB ensures the conservation of biological resources and
promotes sustainable practices. This involves planning and executing programs that help
preserve biodiversity while allowing its sustainable use for development purposes.

4. Protection of Traditional Knowledge:

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The board safeguards the traditional knowledge of local communities regarding the use of
biological resources. It ensures that such knowledge is not misappropriated and that
communities receive fair benefits if their knowledge is used for commercial purposes.

5. Promoting Research and Development:

The SBB encourages research, innovation, and the development of new products derived
from biological resources. However, any research using biological resources must be done
under the supervision of the board to prevent misuse.

6. Equitable Sharing of Benefits:

One of the important roles of the SBB is ensuring that benefits arising from the use of
biological resources are shared equitably with local communities. This ensures that these
communities receive compensation if their resources or knowledge are used commercially.

Example:
If a company wants to extract medicinal plants from a particular forest area for commercial
purposes, the SBB would assess the request, regulate the terms of access, and ensure the
local communities are compensated fairly for the use of their resources.

Conclusion:

In summary, the State Biodiversity Board is pivotal in conserving biodiversity at the state level.
Its responsibilities focus on regulating the use of biological resources, advising the government,
protecting traditional knowledge, and ensuring fair benefit-sharing with local communities.
These actions contribute to sustainable development while safeguarding the state's biological
wealth.

3.Write a note on : The difference between bio-diversity

resources and traditional knowledge.

Introduction:

Biodiversity resources and traditional knowledge are two distinct but related concepts often
discussed in the context of environmental conservation and sustainable use. Both are crucial for
the preservation of ecosystems and cultural heritage.

Biodiversity Resources:

Biodiversity refers to the variety of life forms on Earth, including plants, animals,
microorganisms, and their ecosystems. These resources are essential for the functioning of the
environment, human health, and agriculture. Under the Biological Diversity Act, 2002,

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biodiversity resources are defined as any biological resource, such as genes, species, and
ecosystems, that contribute to the richness and stability of the environment.

Traditional Knowledge:

Traditional knowledge refers to the wisdom, innovations, and practices of indigenous and local
communities developed over centuries in relation to the sustainable use of biodiversity. This
knowledge includes agriculture, medicine, and resource management. Section 2 of the
Biological Diversity Act, 2002, explains traditional knowledge as practices passed down through
generations, often orally, which provide crucial insights into environmental stewardship and the
use of natural resources.

Difference between Biodiversity Resources and Traditional Knowledge:

- Nature: Biodiversity resources are physical entities like plants, animals, and ecosystems,
whereas traditional knowledge is intangible, passed down through cultural practices and
customs.
- Source: Biodiversity comes from nature, while traditional knowledge comes from the
experiences and practices of communities.
- Usage: Biodiversity resources are used for things like food, medicine, and shelter. Traditional
knowledge guides how these resources should be used sustainably.

Conclusion:

Both biodiversity resources and traditional knowledge are vital for sustainable development.
Biodiversity provides the resources, and traditional knowledge ensures that these resources are
used in a way that benefits both the environment and future generations. Both should be
protected to maintain ecological balance and cultural diversity.

4.Benefit claimers.

Introduction:

Under the Biological Diversity Act, 2002, the term "benefit claimers" refers to individuals or
groups that are entitled to claim benefits arising from the use of biological resources or
associated knowledge.

Explanation :

As per Section 2(a) of the Biological Diversity Act, a benefit claimer refers to any individual or
group of individuals, whether governmental, non-governmental, or local communities, who are

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entitled to a share of the benefits arising from the use of biological resources or traditional
knowledge related to such resources. These individuals or groups may include farmers, local
communities, or any stakeholders who have contributed to the development of biological
resources or knowledge associated with them.

Example :

For instance, if a pharmaceutical company develops a medicine using traditional knowledge

from a local tribe about a medicinal plant, the tribe becomes a benefit claimer. They are entitled
to a share in the profits generated from the sale of that medicine.

Conclusion:

The concept of benefit claimers under the Biological Diversity Act ensures that those who
contribute to the discovery or development of biological resources or knowledge are
compensated fairly. This fosters a more equitable system of resource sharing and encourages
the sustainable use of biodiversity.

5.Write a note on Traditional Knowledge

Introduction:
Traditional Knowledge refers to the long-established practices, innovations, and skills developed
by indigenous and local communities over generations. In the context of the Biodiversity Act, it
specifically pertains to the knowledge related to the use of biological resources and associated
traditional practices.

Explanation :
Under the Indian Biodiversity Act, 2002, Traditional Knowledge is recognized and protected as it
pertains to the biological resources and their use. The Act emphasizes that this knowledge is a
valuable part of India’s biodiversity heritage and aims to protect the rights of indigenous and
local communities regarding their traditional knowledge.

The Act defines "traditional knowledge" as the knowledge, innovations, or practices of

indigenous and local communities related to biological resources. This knowledge must be
maintained or preserved by the communities and should be related to the conservation and
sustainable use of biological resources.

Example:
An example of Traditional Knowledge under this Act could be the use of certain plants by
indigenous communities for medicinal purposes. For instance, the use of the neem tree in
traditional medicine for its antimicrobial properties is a form of Traditional Knowledge recognized
under the Biodiversity Act.

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Conclusion:
The Biodiversity Act aims to safeguard Traditional Knowledge by ensuring that the benefits
derived from biological resources and associated knowledge are shared equitably with the local
communities. This approach helps in preserving biodiversity and respecting the cultural heritage
of these communities.

6.Write a note on Bio Piracy.

Introduction

Bio piracy refers to the unauthorized extraction and exploitation of biological resources and
traditional knowledge from a country or community. This often occurs without proper
acknowledgment or fair compensation. Under the Biodiversity Act, bio piracy is addressed to
protect the rights of indigenous communities and ensure equitable sharing of benefits derived
from biological resources.

Explanation According to the Act

The Biodiversity Act, 2002, of India aims to conserve biological diversity, ensure sustainable use
of its components, and ensure fair and equitable sharing of benefits arising from the use of
biological resources and traditional knowledge. According to Section 2(c) of the Act, "biological
resources" include plants, animals, and microorganisms, and any part or product derived from
them.

Section 3 of the Act mandates that no person or organization can obtain any biological resource
for commercial purposes or access traditional knowledge without obtaining prior approval from
the National Biodiversity Authority (NBA) or State Biodiversity Boards (SBBs). This means that
to use biological resources or traditional knowledge, one must first seek permission and agree
to share the benefits with the communities involved.

Example

An example of bio piracy is the case where a pharmaceutical company from a foreign country
uses indigenous knowledge about a medicinal plant from India to develop a drug. If the
company does this without obtaining permission from the NBA and without sharing the profits
with the community that has traditionally used the plant, it constitutes bio piracy.

Conclusion

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Bio piracy undermines the rights of indigenous communities and can lead to unjust exploitation
of their resources and knowledge. The Biodiversity Act provides a framework to prevent such
practices by ensuring that access to biological resources and traditional knowledge is regulated
and that benefits are shared fairly. This helps in protecting the interests of both the environment
and the communities that contribute to biological diversity.

7.National gene fund.

Introduction:
The National Gene Fund is established under the Indian Biodiversity Act of 2002. This fund is
crucial for preserving India's rich biodiversity by supporting various conservation activities.

Explanation:
The National Gene Fund is designed to support the conservation of biological resources and the
sustainable use of these resources. It focuses on preserving genetic resources, which include
the genetic material of plants, animals, and microorganisms that are valuable for various
purposes, including agriculture, medicine, and environmental sustainability.

Meaning:
According to the Biodiversity Act, the term "genetic resources" refers to any material from
plants, animals, or microorganisms that contains genes or hereditary units with actual or
potential value. The National Gene Fund supports activities related to the collection,
preservation, and sustainable management of these genetic resources.

Example:
For instance, if a rare plant species with valuable medicinal properties is at risk of extinction, the
National Gene Fund can finance projects to conserve the plant and its genetic material. This
may include establishing seed banks, conducting research, and supporting conservation
programs.

Conclusion:
The National Gene Fund plays a vital role in safeguarding India's biological heritage by
providing financial support for the conservation and sustainable management of genetic
resources. By investing in these activities, the fund helps ensure that valuable genetic material
is preserved for future generations.

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UNIT 3

1.Explain the ‘procedure for registration of Plant Varieties.

Introduction

The registration of plant varieties is a process that grants legal protection to new or distinct plant
varieties. This process ensures that breeders' rights are recognized and that they can control
the propagation and commercialization of their varieties.

Procedure for Registration

1. Application Submission:
- The process begins with submitting an application to the relevant authority, usually a Plant
Variety Protection (PVP) office. The application must include detailed information about the plant
variety, such as its name, characteristics, and the breeder's details.

2. Examination of Application:
- The submitted application is examined to ensure that it meets the criteria for registration.
This includes checking if the variety is new, distinct, uniform, and stable.

3. Testing and Evaluation:

- The plant variety undergoes tests to evaluate its characteristics. This includes comparing the
new variety with existing ones to confirm its uniqueness. These tests are usually carried out in
experimental fields.

4. Publication of Application:
- Once the application is examined and tested, it is published in a journal or official gazette.
This publication allows the public to review and oppose the registration if they have valid
reasons.

5. Opposition Period:
- After publication, there is a period during which third parties can file objections or oppositions
against the registration. If no valid opposition is raised, the application proceeds to the next
step.

6. Grant of Registration:
- If the application clears the opposition phase, the plant variety is registered, and the breeder
receives a certificate of registration. This certificate grants exclusive rights to the breeder for a
specified period.

7. Maintenance of Registration:

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- The breeder must maintain the registration by adhering to prescribed conditions, such as
providing periodic reports on the variety's performance. Failure to comply may lead to the
cancellation of registration.

Example

For instance, if a breeder develops a new variety of tomato that is more resistant to diseases
than existing varieties, they can apply for registration. The new tomato variety will be tested to
ensure it is distinct and stable. If it meets all the requirements and no objections are raised, the
variety will be registered, and the breeder will have exclusive rights to grow and sell it.

Conclusion

The registration of plant varieties is essential for protecting the interests of breeders and
encouraging agricultural innovation. By following a structured procedure, new plant varieties are
given legal protection, which helps in advancing agricultural practices and ensuring the
availability of diverse plant options.

2.Write note on compulsory licence of plant varieties.

Introduction

A compulsory license for plant varieties allows entities to use a plant variety without the consent
of the holder of the plant variety rights. This mechanism is usually invoked when the plant
variety is not being adequately utilized or made available at reasonable prices.

Explanation

In the context of plant varieties, a compulsory license is granted under certain conditions to
ensure that plant varieties are used for public benefit, particularly when they are crucial for
agriculture or food security. This license is regulated by the Plant Variety Protection and
Farmers' Rights Act, 2001 (India) and similar laws in other countries.

Meaning and Conditions

Under Section 42 of the Plant Variety Protection and Farmers' Rights Act, 2001 (India), a
compulsory license can be issued if:
1. The plant variety is not being commercially exploited to meet the needs of the public.
2. The plant variety is not available at a reasonable price.
3. The license is needed to prevent the monopolistic control of the plant variety.

Example

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For instance, if a plant variety is patented and the patent holder is not making it available to
farmers or is charging excessively high prices, a compulsory license can be granted to other
entities to ensure that the variety is accessible to farmers at a fair price.

Conclusion

Compulsory licenses for plant varieties help balance the interests of patent holders with the
needs of the public, particularly in agriculture. By allowing broader access to essential plant
varieties, this mechanism supports agricultural productivity and food security.

3.Write a note on Breeders Right

Introduction

The Plant Varieties and Farmers' Rights Act, 2001 (PVFRA) is a comprehensive legislation in
India that aims to protect the rights of plant breeders and farmers. One of the key aspects of this
act is the provision of breeders' rights, which grant exclusive rights to plant breeders for their
new and distinct plant varieties.

Explanation of Breeders' Rights

According to the PVFRA, breeders' rights are granted to individuals or entities who have
developed a new and distinct plant variety through breeding or other means. These rights
provide the breeder with exclusive control over the commercial exploitation of their variety for a
specified period.

The act outlines several exclusive rights granted to breeders, including:

Right to produce, sell, and use the variety: The breeder has the exclusive right to produce,
sell, or use the variety for commercial purposes.

Right to import and export the variety: The breeder can import or export the variety without
any restrictions.

Right to prevent unauthorized use: The breeder can prevent others from unauthorized
propagation, multiplication, or exploitation of the variety.

Right to claim royalties: If the variety is used by others, the breeder can claim royalties for its
commercial exploitation.

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However, the PVFRA also recognizes the rights of farmers to save, use, exchange, or sell
farm-saved seed of a variety. This is known as the "farmers' privilege." This provision aims to
balance the rights of breeders with the needs of farmers.

Conclusion

The Plant Varieties and Farmers' Rights Act provides a framework for protecting the rights of
both plant breeders and farmers. Breeders' rights are essential for incentivizing innovation and
investment in plant breeding, while farmers' rights ensure that they have access to essential
agricultural resources. By striking a balance between these two interests, the act contributes to
the development of a sustainable and efficient agricultural sector in India.

4.Farmers Right’s

1. Introduction

The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act) is an Indian
legislation enacted to recognize and protect the rights of farmers, plant breeders, and
researchers. The primary aim is to encourage the development of new plant varieties while
ensuring that farmers, who conserve and develop traditional varieties, are rewarded for their
contributions. This law ensures that farmers have certain rights while balancing the needs of
plant breeders.

2. Farmers' Rights under the Act

According to the PPVFR Act, farmers are given several important rights:

- Right to Save, Use, Exchange, and Sell Seeds (Section 39):

Under Section 39 of the Act, farmers have the right to save, use, sow, re-sow, exchange, and
share seeds or planting material of a protected variety. However, they cannot sell branded
seeds, which means they can't market seeds in a packaged form claiming they are of a
registered variety.

- Right to Compensation (Section 39 (2)):

If a registered variety fails to perform as promised under given conditions, farmers have the
right to claim compensation. This provision ensures that farmers are not burdened with losses
due to poor seed quality or misleading claims by breeders.

- Right to Register Traditional Varieties (Section 39(3)):

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Farmers can register traditional varieties that they have evolved or conserved over
generations. This helps preserve biodiversity and protect the rights of farmers over local
varieties.

- Benefit Sharing (Section 26):

If a plant variety developed by a breeder is derived from traditional knowledge or genetic
material maintained by farmers, they are entitled to a share in the benefits from the
commercialization of that variety. This ensures that breeders and companies who use
farmer-contributed resources must fairly compensate them.

3. Conclusion

The PPVFR Act balances the interests of plant breeders and farmers. While promoting
innovation in plant varieties, it acknowledges the vital role farmers play in conserving
biodiversity and traditional knowledge. The rights provided to farmers ensure they have access
to seeds and the opportunity to be rewarded for their contribution, ensuring their welfare in the
evolving agricultural landscape.

5.Concept of Benefit Sharing

Introduction
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act) is an Indian law
enacted to safeguard the rights of breeders, farmers, and researchers. One of the key features
of this act is the concept of benefit sharing, which is essential to ensure that farmers who
contribute to plant varieties receive their due benefits.

Concept of Benefit Sharing

Under the PPVFR Act, the idea of benefit sharing is meant to provide financial and other
rewards to farmers or communities who have played a significant role in the conservation or
development of plant varieties. According to Section 26 of the Act, when a breeder's plant
variety is registered, a portion of the profits or benefits earned from the commercialization of that
variety must be shared with the farming communities.

The National Gene Fund is a key mechanism used to implement benefit sharing. It collects
funds from various sources, such as annual fees from breeders and compensation for farmers'
contributions, and then distributes them to eligible farmers or communities. The Act also allows
for the filing of claims by individuals or organizations who believe they have contributed to the
creation or preservation of a particular plant variety.

Conclusion
The concept of benefit sharing under the PPVFR Act ensures that the efforts of farmers and
local communities in preserving biodiversity are recognized and rewarded. By implementing a

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system of compensation, the Act promotes fairness and equity in the agricultural sector,
encouraging both innovation and conservation.

UNIT 4

1.What are the legal remedies available for infringement of a

registered design ?

Introduction

The infringement of a registered design occurs when an unauthorized party uses, reproduces,
or imitates a design that has been legally registered with the relevant authority. Such designs
are protected under intellectual property laws to ensure that creators and designers can benefit
from their unique and original designs without fear of unauthorized exploitation.

Legal Remedies Available for Infringement of a Registered Design

1. Injunction: A court can issue an injunction to prevent the infringer from continuing the
infringement. This is a preventive measure to stop further unauthorized use of the design.

2. Damages: The design owner may claim damages for the loss suffered due to the
infringement. This can include compensation for lost profits or other financial harm resulting
from the infringement.

3. Account of Profits: The owner may seek an account of profits earned by the infringer
through the use of the design. This remedy aims to strip the infringer of any financial gains
made from the infringement.

4. Destruction of Infringing Goods: The court can order the destruction or disposal of goods
that infringe upon the registered design. This ensures that the infringing products are removed
from the market.

5. Legal Costs: The court may also award legal costs to the design owner, which include
expenses incurred in pursuing the infringement claim.

Conclusion

Legal remedies for the infringement of a registered design are crucial in protecting the rights of
designers and ensuring that their creative works are not exploited without permission. Through

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injunctions, damages, accounts of profits, destruction of infringing goods, and legal costs, the
legal system provides mechanisms to address and rectify infringements, thereby upholding the
integrity of registered designs.

2.What is the procedure of registration of a design ?

Introduction:
Design registration is a legal process that provides protection for the visual and aesthetic
aspects of a product. This protection ensures that the design cannot be copied or used without
permission, allowing the creator to benefit from their innovation and maintain a competitive edge
in the market.

Procedure of Registration of a Design:

1. Application Filing: The process begins with filing an application with the relevant intellectual
property office, typically the Design Office. The application should include details of the design,
such as its representation and a brief description.

2. Examination: After submission, the design application is examined to ensure it meets the
required standards. This includes checking if the design is new, original, and not previously
disclosed to the public.

3. Publication: Once the examination is completed successfully, the design is published in the
official gazette. This publication allows the public to view and raise objections if there are any.

4. Opposition (if any): If there are objections from the public or other parties, the applicant may
need to address these issues. The design registration office will review the objections and make
a decision.

5. Registration and Certificate Issuance: If no objections are raised, or if objections are

resolved, the design is registered, and a registration certificate is issued to the applicant.

Conclusion:
Design registration is crucial for protecting the unique visual elements of a product. By following
the outlined procedure, creators can secure their design rights and prevent unauthorized use.
Proper registration not only safeguards intellectual property but also enhances the commercial
value of the design.

3.Write a note on : Infringement of copyright in design

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Introduction

Copyright in design pertains to the protection granted to original works of artistic design under
intellectual property law. This protection ensures that the creator’s unique design elements are
not copied or used without permission. It applies to various types of designs, including graphic
designs, patterns, and visual representations.

Infringement of Copyright in Design

Infringement of copyright in design occurs when a party reproduces, distributes, or displays a

copyrighted design without the permission of the copyright holder. For a claim of infringement, it
must be established that the design in question is indeed original and copyrighted. Additionally,
it must be proven that the alleged infringer had access to the original design and that the design
used is substantially similar to the copyrighted one.

Several factors can be considered in determining whether copyright infringement has occurred,
including:
- Substantial Similarity: The degree to which the infringing design resembles the original.
- Access: Evidence that the infringer had the opportunity to see or use the original design.
- Copying: Whether there is proof that the design was copied rather than independently
created.

Courts often assess these factors to decide if the infringement was substantial enough to
warrant legal action.

Conclusion

Infringement of copyright in design is a serious violation that undermines the rights of creators
by allowing unauthorized use of their artistic work. Legal remedies for such infringement include
injunctions to stop further use, monetary damages, and in some cases, the destruction of
infringing copies. Protecting design copyrights ensures that creators receive fair recognition and
compensation for their innovative contributions.

4.Write a note on: Significance of design.

Introduction

Design is an integral part of human experience, shaping how we interact with the world around
us. It encompasses various fields, from architecture and fashion to technology and graphic arts.
Good design not only enhances aesthetics but also improves functionality and usability, making
it crucial in our everyday lives.

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Significance of Design

Design plays a critical role in creating effective solutions and influencing our experiences. In
product design, it ensures that items are user-friendly and meet the needs of consumers,
thereby enhancing usability and satisfaction. In architecture, design affects the functionality and
comfort of spaces, influencing how people live and work. Graphic design communicates
messages clearly and persuasively, impacting marketing and branding efforts. Moreover,
well-designed systems and processes improve efficiency and problem-solving, driving
innovation and progress. Ultimately, design is key to shaping experiences, solving problems,
and improving the quality of life.

Conclusion

In summary, the significance of design lies in its ability to enhance functionality, improve user
experiences, and communicate effectively. Whether in everyday products, built environments, or
visual communication, good design makes a profound difference, underscoring its essential role
in shaping a better world.

5.Rights of Design owner.

Introduction:

The rights of a design owner are crucial for protecting the unique visual appearance of products.
Design rights safeguard the aesthetic aspects of products, including their shape, configuration,
pattern, and ornamentation. These rights ensure that the creator or owner of a design can
control how their design is used and prevent unauthorized copying or exploitation.

Rights of Design Owner:

1. Exclusive Rights: The design owner has the exclusive right to use, reproduce, and license
the design. They can prevent others from copying, imitating, or selling products bearing the
protected design without permission.

2. Right to License: The owner can grant licenses to others, allowing them to use the design
under agreed terms. This can include exclusive or non-exclusive licenses and may involve
royalties or other forms of compensation.

3. Right to Enforcement: The design owner can take legal action against unauthorized users
or infringers. This includes seeking remedies such as injunctions, damages, or account of profits
in cases of infringement.

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4. Right to Assignment: The owner can transfer or assign their design rights to another party.
This can be done through formal agreements, allowing the new owner to enjoy the same rights
and protections.

5. Right to Protection: The design owner is entitled to protection under intellectual property
laws, which helps in preserving the originality and uniqueness of the design against imitation or
piracy.

Conclusion:

Design ownership confers significant rights that protect and capitalize on the visual creativity
embedded in products. By holding exclusive rights, the owner can control the design’s use,
enforce their rights against infringement, and leverage the design through licensing or
assignment. Understanding and exercising these rights are essential for safeguarding the value
and uniqueness of a design in the marketplace.

6.Powers of controller under Design Act, 2000.

Introduction:

The Design Act, 2000, is an important piece of legislation in India that governs the protection of
industrial designs. It provides the legal framework for registering and safeguarding new and
original designs used in various industrial products. The Controller of Designs, appointed under
this Act, plays a crucial role in the administration and enforcement of design-related laws.

Powers of Controller under the Design Act, 2000:

1. Registration and Refusal: The Controller has the authority to grant or refuse registration of
designs. This involves examining the design applications to ensure they meet the criteria of
novelty and originality. The Controller can reject applications that do not comply with the
requirements stipulated in the Act.

2. Power to Cancel Registration: The Controller can cancel the registration of a design if it is
found to be contrary to the provisions of the Act. This might include cases where the design has
been wrongly registered or is no longer new or original.

3. Power to Hear and Decide Appeals: The Controller has the authority to hear and decide on
appeals against decisions made regarding the registration or refusal of designs. This power
allows for the resolution of disputes and ensures fair adjudication in design-related matters.

4. Inspection of Registers and Documents: The Controller is empowered to maintain and

provide access to records related to design registrations. This includes allowing parties to

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inspect the design registers and related documents, which is crucial for transparency and
verification.

5. Investigation of Infringements: The Controller has the power to investigate cases of design
infringement. While the primary role of enforcement often lies with the courts, the Controller can
initiate investigations and provide necessary assistance in design protection matters.

Conclusion:

The Controller under the Design Act, 2000, holds significant responsibilities and powers to
ensure the effective implementation of design protection laws. From granting and refusing
registrations to investigating infringements, the Controller’s role is pivotal in maintaining the
integrity and fairness of the design registration system. These powers ensure that the rights of
design creators are upheld and that the design industry operates within a regulated framework.

UNIT 5

1.Write a short note on TRIPS.

Introduction
TRIPS (Trade-Related Aspects of Intellectual Property Rights) is an international agreement
administered by the World Trade Organization (WTO). It sets down minimum standards for the
regulation of various forms of intellectual property (IP) as applied to international trade.

Short Note on TRIPS

TRIPS was established under the Uruguay Round of the General Agreement on Tariffs and
Trade (GATT) in 1994, and it became effective on January 1, 1995. It covers several types of
intellectual property, including:

1. Copyright and Related Rights: TRIPS requires member countries to protect works of
authorship such as literary works, films, and software.
2. Trademarks: Protection is given to distinctive signs, logos, or symbols that differentiate
goods or services.
3. Geographical Indications: TRIPS provides guidelines for protecting names of goods that
have specific qualities or reputation based on their geographical origin (e.g., Champagne,
Darjeeling Tea).
4. Patents: The agreement requires members to offer patent protection for inventions in all
fields of technology, for at least 20 years.
5. Industrial Designs: TRIPS also covers the protection of the unique design of products.

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It mandates that WTO members should make their intellectual property laws compatible with
TRIPS standards. However, special provisions exist to allow developing countries more time to
implement these rules.

Conclusion
TRIPS plays a crucial role in ensuring the protection of intellectual property rights across the
world, contributing to innovation and fair competition in global trade. By setting international
standards, it helps in balancing the rights of creators and users while promoting economic
development.

2.What are the protections available to geographical

indicators under TRIPS

Introduction
Geographical Indications (GIs) are a form of intellectual property that identifies goods as
originating from a specific place, where a given quality, reputation, or other characteristic of the
good is essentially attributable to its geographical origin. The TRIPS (Trade-Related Aspects of
Intellectual Property Rights) Agreement, under the World Trade Organization (WTO), provides
an international framework for the protection of GIs.

Protections Available to Geographical Indicators under TRIPS

The TRIPS Agreement outlines two levels of protection for GIs:

1. General Protection (Article 22):

GIs are protected against misleading the public or unfair competition. This includes preventing
the use of a GI that misleads consumers about the geographical origin of a product, or the use
of a GI that constitutes unfair competition, even if the true origin is indicated.

2. Enhanced Protection for Wines and Spirits (Article 23):

A higher level of protection is provided to GIs related to wines and spirits. Even if the public is
not misled or the true origin is mentioned, such GIs cannot be used unless the product
originates from the specified region. For example, only sparkling wine from the Champagne
region in France can be labeled as "Champagne."

Conclusion
TRIPS ensures that geographical indicators are protected internationally, preventing their
misuse and maintaining the reputation of region-specific products. This protection fosters the
economic value of such goods and upholds the rights of producers from specific regions.

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3.Write a note on Dispute settlement system of WTO.

Introduction

The World Trade Organization (WTO) is an international body that regulates and facilitates
international trade between nations. Established in 1995, the WTO aims to ensure that trade
flows as smoothly, predictably, and freely as possible. A crucial aspect of the WTO’s framework
is its Dispute Settlement System (DSS), which provides a structured method for resolving trade
disputes between member countries.

Dispute Settlement System of WTO

The WTO's Dispute Settlement System is designed to address and resolve trade disputes
between member countries efficiently and fairly. The system operates on a set of rules and
procedures established under the Dispute Settlement Understanding (DSU) and involves
several key stages:

1. Consultations: The process begins with consultations between the disputing parties. This
informal stage allows countries to negotiate and potentially resolve their issues without formal
adjudication. If consultations fail, the complaining party can request a panel.

2. Panel Stage: A panel is composed of experts selected by the WTO's Dispute Settlement
Body (DSB). The panel examines the evidence, hears arguments from both parties, and issues
a report with findings and recommendations. This stage is akin to a trial where both parties
present their case.

3. Appellate Review: Either party can appeal the panel’s decision to the Appellate Body, which
reviews the legal aspects of the panel’s findings. The Appellate Body’s role is to ensure that the
panel's interpretation of WTO agreements is consistent with the rules.

4. Implementation: If the panel’s report is adopted and no appeal is made, or if the Appellate
Body upholds the panel’s findings, the losing party must comply with the recommendations. The
implementation process is monitored to ensure that the ruling is followed.

5. Retaliation: If compliance is not achieved within the stipulated timeframe, the winning party
may seek authorization from the DSB to impose trade sanctions or retaliatory measures against
the non-compliant party.

Conclusion

The WTO Dispute Settlement System plays a vital role in maintaining the integrity and stability
of the global trading system. By providing a structured, impartial, and legally binding process for
resolving disputes, the DSS helps to uphold WTO agreements and promote fair trade practices.

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This system ensures that international trade remains predictable and equitable, contributing to a
more stable global economy.

4.International treaty on Plant Genetic Resources, 2001.

Introduction

The protection and sustainable use of plant genetic resources (PGR) are crucial for global food
security and agricultural biodiversity. Recognizing the importance of these resources, the
international community has taken steps to ensure their conservation and equitable utilization.
One significant milestone in this endeavor is the International Treaty on Plant Genetic
Resources for Food and Agriculture (ITPGRFA), which was adopted in 2001.

International Treaty on Plant Genetic Resources, 2001

The International Treaty on Plant Genetic Resources for Food and Agriculture, adopted on
November 3, 2001, in Rome, aims to safeguard the world's plant genetic resources essential for
food security and agriculture. The Treaty provides a global framework for the conservation and
sustainable use of these resources. It establishes a multilateral system for access and
benefit-sharing, facilitating the sharing of plant genetic resources among countries while
ensuring fair and equitable distribution of benefits arising from their use. The Treaty recognizes
the rights of farmers and promotes the integration of traditional knowledge with scientific
research. It is a key instrument for addressing challenges related to agricultural biodiversity and
food security in a collaborative and sustainable manner.

Conclusion

The International Treaty on Plant Genetic Resources for Food and Agriculture represents a
significant step toward the global management of plant genetic resources. By promoting
collaboration, access, and benefit-sharing, the Treaty aims to ensure that these vital resources
are conserved and utilized sustainably for future generations. Its adoption highlights the
importance of international cooperation in tackling global challenges related to food security and
agricultural sustainability.

5.Write a note on Berne Convention

Introduction:

The Berne Convention for the Protection of Literary and Artistic Works is an international
agreement that was established to protect the rights of authors and creators over their works. It

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was first adopted in 1886 in Berne, Switzerland, and has since become one of the most
important treaties in the field of copyright law.

Note on Berne Convention:

The Berne Convention sets out minimum standards for the protection of works such as books,
music, paintings, and films. It ensures that authors from member countries are granted copyright
protection in all other member countries without the need for registration. The key principle of
the Berne Convention is "automatic protection," meaning that a creator's work is protected the
moment it is created, and there is no requirement for formal registration.

Additionally, the convention emphasizes the principle of "national treatment," which means that
a work originating from one member country will be treated equally to a work created within
another member country. It also provides guidelines on moral rights, allowing creators to
maintain control over how their work is used and attributed.

Conclusion:

The Berne Convention plays a crucial role in standardizing copyright protection across borders,
allowing creators to safeguard their works internationally. With over 170 member countries, the
convention remains a foundational treaty in global copyright law.

6.WTO-DOHA Negotiation developments.

1. Introduction
The Doha Development Round, launched in November 2001, is a significant trade negotiation
under the World Trade Organization (WTO). It aimed to enhance global trade, particularly
benefiting developing countries by reducing trade barriers, promoting fair competition, and
improving global market access.

2. WTO-DOHA Negotiation Developments

The negotiations faced several challenges. Key issues included:

- Agriculture: Developed and developing countries had differing views on subsidies and tariffs.
Developing nations sought reduced agricultural subsidies by developed countries to compete
fairly.
- Non-Agricultural Market Access (NAMA): Talks focused on reducing tariffs on industrial
goods, but disagreements emerged on how much protection developing countries should be
allowed.
- Services: There were demands for liberalizing services like banking and telecom, but
countries disagreed on their extent of market opening.

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- Trade Facilitation: Despite challenges in other areas, there was some success in agreeing to
streamline customs procedures, simplifying global trade.

3. Conclusion
While the Doha Round started with high hopes, it has struggled to reach a comprehensive
agreement. Disagreements between developed and developing countries have stalled progress,
with some calling for a reevaluation of the negotiations to address modern trade issues more
effectively.

PROBLEMS

1.A work of fiction is written by 'X'. 'Y' reads the book and
authors a work carrying 10 chapters of the book written by
'X' which he has paraphrased though marginally. Whether 'Y'
has infringed the right of 'X'.

Introduction
Copyright law protects the original works of an author from being copied or used without
permission. In the context of literary works, paraphrasing significant parts of another's work can
still be considered a violation if the essence of the original work is retained. This problem
requires analysis under the Indian Copyright Act, 1957.

Copyright Act and Infringement

Under the Copyright Act, 1957, copyright infringement occurs when a person uses a substantial
part of a work without permission from the original author. Paraphrasing, even if done
marginally, may still amount to infringement if the essence or substantial part of the original work
is taken. Section 51 of the Act provides that the copyright in a work is infringed when a person
reproduces it in any material form without the author's consent. Courts often focus on whether
the "substance" or "essence" of the original work has been copied, not just whether the
language has been altered.

In this case, Y has paraphrased 10 chapters from X's book, which means Y has potentially used
a substantial part of X's work. Paraphrasing does not necessarily avoid infringement if the
overall essence of the work is retained. Thus, Y would likely have infringed X's copyright unless
Y had obtained prior permission or was covered under any fair use exceptions, which are limited
under Indian law.

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Conclusion
Y has likely infringed X's copyright by paraphrasing significant portions of X’s work. Copyright
law does not only protect the literal words but also the substantial expression of ideas, which Y
has reproduced in his work.

2.The registrar appointed under protection of plant varieties

and Farmer's Rights Act refuses and application for
correction of the register being submitted by the registered
breeder of the plant variety in oral form, can such refusal be
challenged.

1. Introduction
The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act) governs the
registration, protection, and rights of plant breeders and farmers. It also provides mechanisms
for corrections and modifications in the plant variety register. If a breeder's request for correction
is refused, the question arises whether this refusal can be legally challenged.

2. Problem-Solving Using the PPVFR Act

Under Section 28 of the PPVFR Act, any correction of the plant variety register must be made
by the registrar based on a written application. Since the registered breeder submitted the
correction in oral form, the registrar is within their legal right to refuse the application. However,
this refusal can still be challenged under the law. The breeder can appeal to the Plant Varieties
Protection Appellate Tribunal as per Section 56 of the Act. This tribunal reviews decisions of the
registrar, including refusals, to ensure that they are in line with the provisions of the Act.

3. Conclusion
Although the registrar has valid grounds to refuse an oral application for correction, the breeder
has the right to challenge this decision before the Plant Varieties Protection Appellate Tribunal,
provided the correct legal procedures are followed.

3.A' has a paper weight in the shape of car. Is it registrable?

Decide

Introduction
In intellectual property law, certain products can be protected under the Designs Act, 2000, if
they meet the required criteria. A design relates to the features of shape, configuration, pattern,

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ornament, or composition of lines or colors applied to any article. The question here involves
determining whether a paperweight shaped like a car can be registered under this Act.

Application of the Designs Act

According to the Designs Act, 2000, a design is registrable if it is new, original, and not
previously published or used in India. The design should appeal to the eye and be capable of
being applied to an article by an industrial process. A paperweight shaped like a car would fall
under the definition of an "article" since it is a physical object that serves a purpose. If the car
shape is unique and not previously registered, it could be eligible for design registration.
However, if it closely resembles a functional model of a real car, it may not be registrable due to
the exclusion of designs dictated solely by function.

Conclusion
If the car-shaped paperweight’s design is new and original, it can be registered under the
Designs Act, 2000, provided it fulfills the required conditions. If it is a mere copy of an existing
design, it may be denied registration.

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