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The document outlines copyright infringement as defined by the Copyright Act of 1957 in India, detailing actions that constitute infringement and the legal consequences involved. It also explains the classes of copyrights, the plan for authors to protect their works, and the criteria for copyright eligibility. Additionally, it discusses the concept of intellectual property (IP) and its contributions to economic and cultural growth, including the types of IP rights and the categories of patent infringement.

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0% found this document useful (0 votes)
2 views

RM sol

The document outlines copyright infringement as defined by the Copyright Act of 1957 in India, detailing actions that constitute infringement and the legal consequences involved. It also explains the classes of copyrights, the plan for authors to protect their works, and the criteria for copyright eligibility. Additionally, it discusses the concept of intellectual property (IP) and its contributions to economic and cultural growth, including the types of IP rights and the categories of patent infringement.

Uploaded by

Bhavana
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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MODULE-4

1.Obtain a clear definition of copyright infringements as outlined in


the Copyright Act of 1957?

Infringement of Copyright under the Copyright Act, 1957

*The following actions constitute copyright infringement in India:

- Copying, selling, or renting copyrighted material without permission.

- Allowing a place to be used for unauthorized public performances.

- Distributing, exhibiting, or importing infringing copies.

- Translating copyrighted material without permission.

Fair Use Doctrine

The Fair Use Doctrine allows limited, non-commercial use of


copyrighted materials for education and research. It applies if:

Fair Use Doctrine: Four main factors determine fair use:

1. Purpose of Use: The work is used for educational, non-profit, or


personal purposes.

2. Nature of the Work: The material is factual rather than


imaginative.

3. Amount Used: Small portions may be used without permission,


although this can be debated.
4. Effect on Market Value: Minimal impact on the work’s value or
the author’s economic rights.

Examples of fair use:

- Quotations in research.

- News reporting.

- Educational and scientific use.

- Use by legislative secretariats.

Actions Considered as Infringement:

• Allowing public performance of copyrighted work that infringes,

• Distributing infringing copies,

• Exhibiting infringing copies for trade,

• Importing infringing copies,

• Translating work without permission.

Legal Consequences of Infringement:

• Criminal Offence: Knowingly infringing copyright can lead to jail


for at least 6 months and a minimum fine of ₹50,000.

• Repeat Offenders: Subsequent violations increase penalties,


including a one-year minimum jail term and ₹1,00,000 fine.

Role of Authorities:
• A police officer (sub-inspector or higher) can seize infringing
materials without a warrant.

Criminal Offence and Penalties

Infringement is a criminal offense, with penalties as follows:

- First Offense: Minimum six months’ jail and ₹50,000 fine.

- Repeat Offenses: Minimum one-year jail and ₹1,00,000 fine.

- Confiscation: Police (sub-inspector or higher) can confiscate


infringing materials without a warrant.

2.explain the classes of copyrights?


CLASSES OF COPYRIGHTS
• Literature: Books, Essays, Research articles, Oral speeches,
Lectures, Compilations, Computer programs, Software, Databases.

• Dramatics: Screenplays, Dramas.

• Sound Recordings: Recording of sounds regardless of the medium


on which such recording is made e.g. a Phonogram and a CD-ROM.
• Artistic: Drawing, Painting, Logo, Map, Chart, Photographs, Work of
Architecture, Engravings, and Craftsmanship.

• Musical: Musical notations, excluding any words or any action


intended to be sung, spoken or performed with the music. A musical
work need not be written down to enjoy Copyright protection.
• Cinematograph Film: It is a visual recording performed by any
medium, formed through a process and includes a sound recording.
For example, Motion Pictures, TV Programs, Visual Recording, Sound
Recording, etc…

3. Define the plan to effectively utilize an author's copyrights


to protect their work?
To effectively utilize copyrights for protecting an author's work, a
structured plan can focus on legal registration, consistent
documentation, controlled distribution, monitoring, and enforcement.
Here’s a step-by-step plan to safeguard copyrights:

1. Register the Copyright

- Formal Registration: Although copyright is automatically granted


upon creation, registering it legally provides stronger protection in case
of disputes and enables the right to sue for damages.

- Documentation: Keep records of drafts, notes, or timestamps


showing the development of the work to establish clear authorship and
ownership.

2. Use Copyright Notices

- Display Copyright Symbols: Include a copyright symbol (©), year,


and the author’s name on all copies of the work. This clearly signals
ownership and warns potential infringers.
- State Permissions: Add a note about usage permissions or
restrictions to avoid misunderstandings about acceptable use of the
work.

3. Utilize Digital Rights Management (DRM)

- Control Digital Copies: Use DRM to limit access, copying, and


sharing of digital versions of the work.

- Track Use: With DRM-enabled files, monitor when and where the
work is accessed or transferred.

4. Create Licensing Agreements

- Grant Specific Permissions: Use licenses to allow others limited


use of the work (e.g., for educational purposes, reviews, or excerpts).
Define terms for commercial use.

- Set Boundaries: Include limitations on how the work can be used,


altered, or distributed, and reserve all other rights.

5. Monitor and Track Unauthorized Use

- Track Usage Online: Use tools and software to monitor online


platforms, websites, and social media to identify unauthorized use or
distribution.
- Register with Copyright Alert Services: Use copyright services that
scan and alert for copyright infringement, providing faster response
times.

6. Regularly Update Protection Measures:

- Stay Informed on Copyright Law: Copyright laws can change, so


stay updated on local and international regulations to maintain effective
protection.

- Review and Update Licenses and Permissions: Periodically revise


permissions to align with any changes in the author’s preferences or
in the market.

4. Apply the criteria of copyright to determine if a specific


work qualifies for protection?
To determine if a specific work qualifies for copyright protection, we
can apply the following core criteria:

1. Originality

• Definition: The work must be original and independently created


by the author, meaning it should not be a copy of another work.

• Application: To qualify as original, the work must show a minimal


level of creativity and not be merely a reproduction of existing
material. For example, a unique photograph or an original poem
would meet this criterion.

2. Fixation in a Tangible Medium

• Definition: The work must be "fixed" in a tangible form, such as


written on paper, saved in a digital file, recorded as an audio or
video file, etc.

• Application: Works that exist solely in an idea form (i.e., ideas


not documented or recorded) are not protected. For instance, a
story idea isn’t protected until it's written down or recorded.

3. Type of Work

• Definition: Copyright protection applies to specific types of


creative works, including literary works, musical compositions,
dramatic works, visual art, architecture, sound recordings, and
certain computer programs.

• Application: The work must fall within one of the recognized


categories. A software code, painting, or song meets this
requirement, while slogans, titles, or methods typically do not
qualify.

4. Level of Creativity

• Definition: The work should exhibit at least a minimal amount of


creativity.
• Application: This criterion is broad, but trivial items (such as
basic shapes or common phrases) may lack sufficient creativity.
A novel storyline or an innovative graphic design would satisfy
the creativity standard.

5. Exclusions from Copyright

• Definition: Some works are explicitly excluded from copyright


protection, such as facts, ideas, methods, systems, government
works (in certain countries), and works that fall into the public
domain.

• Application: If the work includes raw facts, government


documents, or ideas not expressed in a fixed form, it may not be
eligible for copyright. For instance, the historical fact "water
freezes at 0°C" cannot be copyrighted, while a creative article
discussing the science of freezing water can be protected
MODULE-3
1.Explain the concept of intellectual property & its
contribution to economic growth of the society?
Concept of Intellectual Property

Intellectual Property (IP) refers to creations of the mind—such as


inventions, literary and artistic works, symbols, names, images, and
designs—that are used in commerce. IP grants creators and inventors
exclusive rights to use, sell, and license their creations, thus
encouraging innovation and protecting creativity. Major categories of IP
include:

- Patents: Protect new inventions, processes, or improvements to


existing technologies.

- Copyrights: Secure rights to literary, musical, and artistic works.

-Trademarks: Protect brand names, logos, and symbols that


distinguish products or services.

- Trade Secrets: Protect confidential business information (e.g.,


formulas, practices) that provide a competitive edge.

Contribution to Economic Growth and Society


IP rights contribute to economic growth by incentivizing innovation and
promoting a fair marketplace, which benefits both creators and society.
Here’s how:

1. Encouraging Innovation and Creativity

IP provides financial and legal incentives for individuals and


companies to invest in research, development, and artistic creation. By
securing exclusive rights, IP protection ensures that creators can
benefit from their work without fear of unauthorized copying or
exploitation. This leads to a steady flow of innovations, from technology
to entertainment, fueling growth across sectors.

2.Attracting Investments

Strong IP rights make a country more attractive for both domestic


and foreign investors, as they provide legal certainty for businesses.
This encourages companies to invest in local research and
development, bringing more capital and expertise into the economy.

3.Boosting Economic Productivity

Through IP, companies can gain competitive advantages by


producing unique goods and services. This competitive edge boosts
productivity and efficiency, as firms leverage their IP assets (e.g.,
patented technologies or trademarked brands) to lead markets, expand
operations, and increase employment.
4.Supporting Small and Medium Enterprises (SMEs)

IP rights allow SMEs to differentiate their products, protect their


brands, and create niche markets. By using IP, SMEs can attract
customers, raise funds, and build reputation, which contributes to
business sustainability and, by extension, national economic growth.

5. Encouraging Knowledge Sharing

IP fosters knowledge sharing through licenses, partnerships, and


collaborations. For example, companies often license their technologies
or copyrights to other businesses, which can stimulate broader industry
growth and lead to widespread economic benefits, particularly in
sectors like technology, pharmaceuticals, and entertainment.

6. Expanding Job Markets and Skills Development

IP-driven industries (e.g., tech, media, pharmaceuticals) create jobs


that require specialized skills in areas like engineering, law, design,
and marketing. This demand contributes to workforce development,
educational growth, and skill enhancement, which strengthens the
economy and supports long-term social advancement.

7. Improving Consumer Choices and Quality of Life

IP protections lead to a variety of innovative products, services, and


artistic works, enhancing consumer choice and quality of life. The
availability of diverse, high-quality products drives consumer spending,
contributing to economic stability and growth.

2. Explain the concept of intellectual property & its


contribution to cultural growth of the society?
Contribution to Cultural Growth in Society

Intellectual Property plays a crucial role in fostering cultural growth,


preserving heritage, and promoting diversity. Here’s how:

1. Encouraging Artistic and Creative Expression

IP, particularly through copyright, provides artists, musicians,


authors, and filmmakers with a way to profit from their creations. By
ensuring creators have exclusive rights, IP fosters a safe space for
creative exploration and innovation, enabling artists to share original
ideas and cultural narratives without fear of unauthorized copying. This,
in turn, enriches the cultural landscape with diverse expressions of
human experience.

2. Promoting Cultural Diversity and Representation

IP protections support creators from various backgrounds in sharing


their unique cultural perspectives. For instance, local artists and
indigenous creators can protect their traditional knowledge, designs,
and practices. This enables a diverse range of cultural expressions to
flourish, promoting inclusivity and representation in mainstream culture.
By preserving these cultural assets, societies can maintain a rich
tapestry of heritage for future generations.

3. Preserving Heritage and Traditional Knowledge

IP laws can protect traditional cultural expressions, folklore, and


indigenous knowledge. This helps prevent the unauthorized use or
exploitation of cultural assets by external entities, which can lead to
cultural appropriation. For example, trademarks and geographical
indications protect symbols, crafts, and products specific to cultural
heritage, like indigenous artwork or traditional food, ensuring that
communities retain ownership and control over their cultural assets.

4. Supporting Innovation in Arts and Media

IP rights encourage innovation within the cultural sector. For


instance, IP protections allow musicians, filmmakers, and designers to
invest in their crafts and experiment with new ideas. The confidence
that their creations are safeguarded leads to new, boundary-pushing
works, which can redefine cultural norms, create new genres, and
inspire societal change.

5. Facilitating Cultural Exchange and Collaboration

Licensing and copyright agreements provide frameworks for


collaboration between creators globally, enabling a flow of ideas across
borders. Artists, writers, and musicians can work together across
countries, blending influences from different cultures. This exchange
fosters greater mutual understanding and appreciation for different
cultural perspectives, enriching both local and global cultural
landscapes.

6. Increasing Accessibility and Public Appreciation of the Arts

IP promotes the arts by ensuring creators can earn a livelihood,


which often encourages them to create more accessible work. In
addition, by making copyright-protected work available under certain
licenses or for educational purposes, IP laws allow the public to enjoy,
study, and appreciate cultural products like books, films, music, and
visual art, fostering a greater appreciation for the arts and cultural
heritage.

7. Stimulating Cultural Economy and Employment

IP protections create opportunities for employment within creative


industries like publishing, film, music, and visual arts. As these
industries grow, they contribute to the cultural economy, generating
revenue and jobs that support a wide range of cultural professionals,
from artists and writers to curators and critics. This contributes to the
vitality and sustainability of the cultural sector.

3. Define IPR & list its types


Intellectual Property (IP) refers to intangible assets that carry
commercial value, arising from human creativity, intelligence, and
imagination. Although lacking physical form, these assets are protected
under IP rights, enabling their creators to control and benefit from them.

Key Branches of IP:

1.Copyrights and Related Rights

- Protects creative expressions in literature, art, music, architecture,


film, sculpture, and computer software/databases.

- Includes works like books, publications, architectural designs,


carvings, paintings, photographs, films, and software.

2. Industrial Property Rights

- Encompasses protections for inventions, brand identities, design


elements, and origin-linked products.

- Includes patents, trademarks, trade services, industrial designs,


and geographical indications.

Key Types of Intellectual Property Rights:

- Copyright

- Grants authors and creators rights over the publication, distribution,


and sale of creative works, including writings, music, images, and
software.
- Also applies to technical materials like software and documentation.

- Patents

- Provides exclusive rights to an inventor over their invention within


a specific region and for a limited period.

- Prevents others from manufacturing, using, or selling the patented


invention without permission.

- Trademarks

- A unique symbol, sign, or name that distinguishes one business’s


goods or services from others.

- Trade Services

- Covers services provided by financial institutions related to trade,


such as letters of credit, negotiations, and financing.

- Industrial Designs

- Protects the unique ornamental shapes or patterns on products that


a creator wants to keep exclusive.

- Geographical Indications (GI)

- Refers to names or symbols that identify products as originating


from specific locations, associated with particular quality standards.

- Products meeting these criteria may display a government-issued


certification confirming their origin and quality.
4. Define Patent Infringements & Explain its two categories
of Infringements?
Patent Infringement occurs when an individual or company makes,
uses, sells, offers for sale, or imports a patented invention without the
patent holder's permission during the term of the patent. This violation
of the patent holder’s exclusive rights can lead to legal action, including
damages or injunctions to stop further unauthorized use.

Categories of Patent Infringement

1. Direct Infringement

- Definition : Direct infringement is the unauthorized making,


using, selling, or importing of a patented product or process exactly as
described in the patent claims.

- Characteristics : This form of infringement involves a clear


violation where the infringing party uses the patented invention without
modification. Direct infringement does not consider whether the
infringing party had knowledge of the patent; intent is irrelevant, as the
focus is on the act itself.

- Example : Manufacturing a product that incorporates a patented


component or replicates a patented process without the patent holder’s
consent.
2. Indirect Infringement

- Definition : Indirect infringement occurs when a third party


contributes to or induces another party to infringe on a patent. It is
typically divided into two subtypes: contributory infringement and
induced infringement.

- Types :

- Contributory Infringement : Involves supplying or selling a


component, material, or part that is essential to a patented invention
with knowledge that it will be used to infringe the patent. The supplier
is liable even though they are not directly manufacturing or using the
patented invention.

- Induced Infringement : Occurs when an individual or company


actively encourages or aids another party to infringe a patent. This
could include providing instructions, financial support, or other forms of
assistance.

- Example : A company selling parts specifically designed for a


patented device, knowing they will be assembled to replicate the
patented invention.

5. Identify the types of inventions eligible for patenting?


Types of Inventions Eligible for Patenting
To be eligible for a patent, an invention generally must be new ,
useful , and non-obvious . The types of inventions that can qualify
for patent protection include:

1. Process

- A new and innovative method or process for doing something.


This could involve steps, techniques, or methods used to manufacture
a product or achieve a specific result.

- Example : A process for purifying water or a method for


manufacturing a unique material.

2. Machine

- Any new and functional device or apparatus that performs a


specific task or process.

- Example : A new type of engine, printing machine, or medical


device.

3. Manufacture

- An article that is produced by giving shape or structure to


materials, resulting in a new and useful product.

- Example : A new type of furniture or a specific component for


industrial machinery.
4. Composition of Matter

- Chemical compositions, mixtures, or new compounds created by


combining various elements or ingredients in a specific way.

- Example : A pharmaceutical drug, a new type of alloy, or a


chemical solution for industrial applications.

5. Improvements on Existing Patents

- Modifications or improvements to an already existing patented


invention, provided the improvement is new, useful, and non-obvious.

- Example : An improved battery that increases energy efficiency


or extends lifespan.

Additional Requirements

To be eligible for a patent, an invention must also:

- Be useful : The invention must have practical utility.

- Be novel : The invention must be new and not already known to


the public.

- Be non-obvious : The invention should not be an obvious solution


to someone skilled in the relevant field.

6. Identify the conditions that must be met for obtaining


patent protection?
Types of Inventions Eligible for Patenting

To be eligible for a patent, an invention generally must be new ,


useful , and non-obvious . The types of inventions that can qualify
for patent protection include:

1. Process

- A new and innovative method or process for doing something.


This could involve steps, techniques, or methods used to manufacture
a product or achieve a specific result.

- Example : A process for purifying water or a method for


manufacturing a unique material.

2. Machine

- Any new and functional device or apparatus that performs a


specific task or process.

- Example : A new type of engine, printing machine, or medical


device.

3. Manufacture

- An article that is produced by giving shape or structure to


materials, resulting in a new and useful product.

- Example : A new type of furniture or a specific component for


industrial machinery.
4. Composition of Matter

- Chemical compositions, mixtures, or new compounds created by


combining various elements or ingredients in a specific way.

- Example : A pharmaceutical drug, a new type of alloy, or a


chemical solution for industrial applications.

5. Improvements on Existing Patents

- Modifications or improvements to an already existing patented


invention, provided the improvement is new, useful, and non-obvious.

- Example : An improved battery that increases energy efficiency


or extends lifespan.

Additional Requirements

To be eligible for a patent, an invention must also:

- Be useful : The invention must have practical utility.

- Be novel : The invention must be new and not already known to


the public.

- Be non-obvious : The invention should not be an obvious solution


to someone skilled in the relevant field.

7. Explain the history of intellectual property in India?


The history of intellectual property in India dates back to colonial times
when the British introduced early forms of IP laws to safeguard their
commercial and industrial interests. Over time, IP laws in India have
evolved to align with global standards, culminating in a more robust
and comprehensive legal framework that governs intellectual property
rights (IPR) today.

Early Development of IP Laws in India

1. Pre-Independence Era :

- The British Influence : The roots of intellectual property law in


India can be traced back to the British colonial period. The British
administration introduced laws to protect the interests of their industries
and traders in India. This included laws covering patents, trademarks,
and copyrights, modeled on British and international norms.

2. Post-Independence Era :

After India gained independence in 1947, it inherited many of these


colonial-era laws, but reforms were needed to reflect the changing
national and global economic landscape.

3. Indian Patents Act (1970) :

- A Major Shift : One of the most significant milestones in India's


IP history came in 1970 with the passage of the Indian Patents Act
, which introduced sweeping changes to patent law. It included
provisions for patents on process inventions, especially in the
pharmaceutical and chemical sectors, which were important for India's
growing industrial sector. The Act also imposed restrictions on granting
patents for certain inventions like food and medicines, aiming to
balance the interests of local industries and public health.

4. Joining the World Trade Organization (WTO) and TRIPS


Agreement (1995) :

- Globalization of IP Laws : India’s accession to the World Trade


Organization (WTO) in 1995 led to the country’s commitment to comply
with the Trade-Related Aspects of Intellectual Property Rights
(TRIPS) Agreement. This marked a significant shift in India’s IP laws.

Modern Era: Key Developments and Reforms

1. The Copyright Act (1957) :

- Initially enacted in 1957, India’s Copyright Act was overhauled


in the 1990s to bring it in line with international standards, particularly
with respect to digital media and the internet.

2. The Trade Marks Act (1999) :

- The Trade Marks Act, 1999 was enacted to streamline


trademark registration, increase protection against infringement, and
align India’s laws with international trademark systems.

3. The Patents (Amendment) Act (2005) :


- Product Patents for Pharmaceuticals : One of the most significant
changes in Indian IP law came in 2005 with the amendment of the
Patents Act, which allowed for product patents in the pharmaceutical
industry. This change, prompted by TRIPS obligations, gave
pharmaceutical companies the ability to patent new drugs.

4. Intellectual Property Appellate Board (IPAB) :

- Established in 2003, the IPAB was created to hear and


adjudicate appeals related to patents, trademarks, and geographical
indications, providing a specialized body for IP-related disputes.

5. Geographical Indications (GI) Act (1999) :

- The Geographical Indications of Goods (Registration and


Protection) Act, 1999 was introduced to protect the names of products
that have a specific geographical origin and possess qualities or a
reputation due to that origin (e.g., Darjeeling tea, Kanchipuram silk).

6. IPR Policy and Strengthening Enforcement (2016) :

- In 2016, India launched its National IPR Policy , aiming to


promote innovation and creativity while strengthening the enforcement
of IPRs. The policy focuses on improving awareness, boosting IP
filings, strengthening IP laws, and improving enforcement mechanisms.

8. Explain the concept to avoid Public Disclosure of an


Invention before Patenting
Before filing a patent application, it is crucial to avoid public disclosure
of an invention because once a patent is filed, it discloses the details
of the invention to the public. If an invention is disclosed publicly (in
publications, presentations, on the internet, etc.) before the patent
application is filed, it can negatively impact the patentability of the
invention.

• Reason for Avoiding Public Disclosure: Public disclosure before


filing a patent application could lead to the loss of novelty, one
of the key requirements for patenting. If the invention is made
public before filing, others may use the disclosed details to create
a similar product or process, and it may no longer be considered
"new" when you file the patent.

• Strategy: To protect the invention, inventors should file a patent


application before disclosing the invention to the public, or use
non-disclosure agreements (NDAs) when sharing the idea with
potential partners, investors, or collaborators.

9. Identify the exclusion(product & process) that cannot be


patented & explain
Certain products and processes are excluded from patent protection
under the Indian Patents Act and international patent conventions like
the TRIPS Agreement. The exclusions include:

Product Exclusions:

1. Discovery of a Scientific Principle: The mere discovery of


scientific laws or theories cannot be patented.

2. Abstract Theories or Mathematical Methods: Abstract ideas,


mathematical formulas, or methods cannot be patented.

3. Plant and Animal Varieties: Inventions related to plant varieties


or animal breeds are not patentable, but they may be protected
under separate legislation, such as the Protection of Plant
Varieties and Farmers' Rights Act, 2001.

4. Inventions Contrary to Public Order or Morality: Products that


go against public health, environment, or morality are excluded
from patenting (e.g., inventions that encourage harm to human
health).

Process Exclusions:

1. Methods of Medical Treatment: Methods of surgery or treatment


of the human or animal body by surgery or therapy are excluded.
However, medical devices or drugs used in the treatment can
be patented.
2. Mathematical or Business Methods: Purely mathematical
methods, business methods, and computer programs (in
isolation) are not patentable.

3. Traditional Knowledge: Inventions based on traditional


knowledge, folklore, or techniques, if not significantly modified,
are not patentable.

10. Explain the origin of intellectual property in India


The origin of Intellectual Property (IP) in India can be traced back to
the colonial period. Here are key milestones:

1. Colonial Era (Before 1947):

o The British introduced patent and copyright laws to protect


their interests in India. Early laws included the Indian
Patents Act (1856) and the Copyright Act (1911), both
based on British law.

2. Post-Independence (After 1947):

o India adopted its own IP laws, starting with the Copyright


Act of 1957, the Indian Patents Act of 1970, and Trade
Marks Act of 1940. These laws were designed to cater to
Indian industries, such as pharmaceuticals, and support
local innovation.
3. TRIPS and Modern IP Laws (1995 Onwards):

o India's entry into the World Trade Organization (WTO) in


1995 required it to align its IP laws with TRIPS (Trade-
Related Aspects of Intellectual Property Rights), which
led to significant reforms in patent laws, including the
introduction of product patents in pharmaceuticals (2005)
and the protection of geographical indications and designs.

11. Identify the rights associated with patents & its


enforcement
Patent Rights grant the inventor exclusive control over the use of their
invention for a set period (usually 20 years). These rights include:

1. Exclusive Rights:
The patent holder has the right to manufacture, use, sell, or
distribute the patented invention. They can also license the
invention to others.

2. Right to Exclude Others:


Patent owners can stop others from using, selling, or distributing
their patented invention without permission, through legal means
like infringement lawsuits.

3. Enforcement of Patent Rights:


o Infringement Cases: If someone infringes the patent by
using the invention without authorization, the patent holder
can file a lawsuit in a court with appropriate jurisdiction.

o Damages and Injunctions: Courts may award damages


for infringement and issue injunctions to stop further use
of the invention.

o Patent Office and IPAB: The Intellectual Property


Appellate Board (IPAB) resolves disputes and appeals
related to patents. Patents can also be enforced by seeking
revocation or opposition if the patent was wrongly granted.

12. Explain the concept of IP governance & IP as global


indicator of innovation
IP Governance refers to the systems, policies, and frameworks that
govern the creation, management, protection, and enforcement of
intellectual property rights. It involves national governments, regional
bodies, and international organizations working together to establish
and enforce IP laws.

• IP Governance includes:
o IP Policies: Policies set by governments and international
bodies to promote innovation, protect creators' rights, and
balance interests between creators, users, and the public.

o Enforcement and Dispute Resolution: Efficient


mechanisms to resolve IP disputes and ensure fair
enforcement of IP rights.

IP as a Global Indicator of Innovation:

• Intellectual property is a key indicator of innovation, reflecting


the level of technological, scientific, and creative development in
a country or region.

o Countries that have strong IP systems often foster a culture


of innovation, encouraging research and development
(R&D) and the commercialization of new ideas.

o Patent filings serve as a measure of technological progress


and industrial growth. Nations with a high number of patents
often lead in global innovation.
MODULE-2
1.Explain the concept of citation & describe three functions
of citation.
Citation is the practice of giving credit to the original source of
information, ideas, or research that you have used in your own work.
It refers to the process of formally acknowledging and referencing a
specific work (e.g., books, articles, papers) used to support or inform
your own research. Citations serve to give the original authors credit
for their work and help readers trace the sources of your information.

Three Functions of Citation:

1. Attribution of Credit:
Citations are used to acknowledge the intellectual property of the
original authors or creators of the works you reference. By
properly citing a source, you attribute the ideas, research, or data
to its rightful owner. This helps avoid plagiarism, a serious ethical
violation in research and academic work.

2. Supporting and Validating Ideas:


Citations provide evidence to support the claims, arguments, or
conclusions you make in your work. Referencing previous
studies, theories, or data strengthens the credibility of your own
work by showing that it is based on sound research.
3. Enabling Verification:
Citations enable others (researchers, readers, or reviewers) to
trace the original sources of information or data you have used.
This allows for verification and further exploration of the ideas,
ensuring transparency and reproducibility in research.

2. Briefly explain acknowledgement and attributions in


research process.
• Acknowledgement:
In the research process, acknowledgement is the formal
recognition of individuals or organizations who have contributed
to the research in a meaningful way, but whose contributions are
not substantial enough to warrant authorship. This can include
mentors, colleagues, research assistants, institutions, or funders.
An acknowledgement section is typically included in research
papers, dissertations, or books to express gratitude for
assistance, advice, financial support, or other contributions.

o Example: “I would like to thank Dr. John Doe for his


guidance in data analysis and the XYZ Foundation for
funding this research project.”

• Attribution:
Attribution refers to giving proper credit to the sources of ideas,
data, images, or content that you have borrowed or referenced
in your work. This ensures the original creators are credited for
their intellectual contributions and upholds the integrity of the
research process.

o Example: When you use a direct quote from an article, you


would attribute the quote to the original author (e.g.,
"According to Smith (2023), ‘Citation practices ensure
academic honesty’").

In summary, acknowledgement focuses on recognizing the people or


entities who helped in the research process, while attribution
specifically refers to giving credit for the intellectual property used in
your research. Both practices are essential to maintain ethical
standards in research.

3. With the help of a flow diagram explain knowledge flows


through a citation network, showing the relationships
between cited and citing works
• Knowledge flows through verbal communications, books, documents,
video, audio, and images, which plays a powerful role in research
community in promoting the formulation of new knowledge.

• In engineering research, knowledge flow is primarily in the form of


books, thesis, articles, patents, and reports. Citing a source is
important for transmission of knowledge from previous work to an
innovation

• Knowledge flow happens between co-authors during research


collaboration, among other researchers through their paper citation
network, and also between institutions, departments, research fields or
topics, and elements of research

• If paper A is cited by paper B, then knowledge flows through citation


networks across institutions. • The complex interdisciplinary nature of
research encourages scholars to cooperate with each other to grab
more advantages through collaboration, thereby improving quality of
the research • The below figure shows a relationship between co-
authorship and different types of citations. Three articles (X, Y, and Z)
and five references (X1, X2, X3, Y1, and Y2) of article X and Y,
respectively, are considered. A, B, and C are authors of article X, and
D, E, F, G, and also A are authors of article Y. Article Z has two
authors H and E. References X1, X2, X3, Y1, and Y2 have authors
(A, P), (H, R), (D), (Q, B, F), and (R), respectively.

4. Identify the impacts of title and keywords on citation?


The title and keywords of a research work play crucial roles in
the visibility, discoverability, and citation of that work. These elements
significantly influence how the research is perceived by other scholars,
how easily it can be found, and how often it is cited. Below are the
key impacts:

Impact of Title on Citation :

1. Attracts Attention :

The title is often the first thing readers see, and a clear, concise,
and descriptive title can grab the attention of potential readers. If the
title effectively reflects the core focus of the research, it is more likely
to appeal to researchers looking for similar topics. A well-crafted title
can increase the likelihood that your work is read, shared, and cited.

2. Improves Discoverability :

The title plays a major role in search engine optimization (SEO)


within academic databases like Google Scholar, PubMed, and Scopus.
Including relevant keywords in the title helps your research to appear
in search results when others search for similar topics. A title that
aligns with common search terms used in the field will make your work
more discoverable and increase citation chances.

3. Clarifies Scope and Focus :

A precise and specific title ensures that potential readers can quickly
determine whether your research aligns with their interests. Research
that appears relevant to ongoing work in a specific area is more likely
to be cited. Titles that are too vague or too complex may deter readers
or leave them unsure of the paper’s relevance.

Impact of Keywords on Citation :

1. Enhances Searchability :

Keywords are used in academic search engines and databases


to categorize and index research articles. By selecting accurate and
relevant keywords, you ensure that your work is easily searchable by
other researchers in your field. The right keywords help your paper get
discovered by a larger audience, which can lead to more citations.

2. Improves Relevance in Citation Searches :

Keywords increase the chance that your paper will appear in citation
searches related to your field or topic. This is particularly important
when other researchers are conducting literature reviews or looking for
references for their own research. Well-chosen keywords ensure your
research is considered when others are citing related work.

3. Broadens Audience Reach :

Keywords not only define the subject area but also guide your
research into specific sub-fields. Using a combination of general and
specific keywords increases the scope of potential readers who may
cite your work. For example, using both "artificial intelligence" and
"machine learning" allows your research to appear in broader searches
as well as more niche ones, attracting a wider academic audience.

4. Affects Article Ranking :

Articles that contain high-quality, frequently searched keywords may


be ranked higher in academic search engines and citation databases.
Articles with better visibility tend to be cited more, which can increase
your research’s impact and academic presence.

Summary:

- Title impacts citation by attracting attention, improving


discoverability, and clarifying the scope of the research.

- Keywords enhance searchability, ensure your paper appears in


relevant searches, broaden the potential audience, and improve ranking
in citation searches.

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