This will enhance the knowledge about Intellectual Property rights. How its been secured with its remedies.

1. INTELLECTUAL
PROPERTY
RIGHTS
TERM PAPER
Submitted by:
Kratika Jain 16BCH031
Mahak Kothari 16BCH032
Mihir Mehta 16BCH033
Milan Bhatt 16BCH034
Arpit Modh 16BCH035
Mihir Modi 16BCH036
Nisarg Sonani 16BCH037
Nikunj Patel 16BCH038
CHEMICAL ENGG. 6TH SEM

2. Q. 1. What is Patent, Trademark and Copyright?
Earlier only capital and labour were needed to run a business and have a great hold in the
market. But now that has been changed because even innovation and knowledge is also
important. The creation and innovation of the person or firm had to be protected so that it can
enjoy the advantages related to it. This gave birth to the rights of the Intellectual property rights,
also called IPR. They are the rights given to people for their minds creation. This helps in
giving the creator an exclusive right over the use of his/her creation for a time period. This can
be either the works of literature, scientific, or in the artistic field in the form of an invention ,
business name etc.
For this there is an established legal agreement between all the countries registered under the
WTO, (World Trade Organisation) called The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) which is in effect since 1st
January 1995. It lays out the
minimum requirements for getting the protection of their intellectual property rights in all the
nation under this agreement.
IPR covers:
 Patent
 Copyrights and related rights
 Trademark
 Industrial design
 Trade secrets
Patent:
It is the grant of some privilege, property or authority made by the Government of India to
everyone. The instrument by which such grant is given is called ‘Patent’. The term ‘patent’
acquired statutory meaning in India through the Patents Act. 1970. The life of 20 years is given
to the inventor to use and vend his invention. [1]
The act gives to the inventor substantive rights and protects him with the valuable monetary
right which he can use for his own gain or by passing the privileges to everyone. He receives
something which has present existing value which protects him from the existing competition
and can be the source of profit all over the world. After the expiry of the patent period, the
invention can be put to us by any of the firms or person other than the inventor himself.

3. Copyright:
It is an unique kind of right granted to the person or firm for his intellectual labour so that it
can secure the man’s work and labour along with his skills been taken away by any other
individual under the Copyright Act,1957. [2]
Some characteristics of this are that it is a monopoly right and isn’t in the form of idea and is
negative right meaning it prevents others from copying. For getting this right, it need to original
and should be either in written form or sound track or computer disc or any presentable form.
Grant is not only given to the main thing but also the complementary things to make it.
There can’t be any imitation or reproduction of an original thing and hence can be granted to
authors, painters, composers, musicians, choreographers or cinematographers etc. For getting
this right, it need to original and should be either in written form or sound track or computer
disc or any presentable form.
Trademark:
As the name suggests. It can be the symbol, a line, an expression, a design or anything which
a company uses to do its trade to distinguish it from others and also create a particular image
in the minds of its users. It can be in the form of brand names, logos etc. It is not compulsive
to get registered to get the license.
Keeping the view of changes in growing trade and commercialisation, a review of the Trade
and Merchandise Marks Act, 1958 was passed in India and a Bill was repealed to replace the
same which makes it can comply with existing TRIPS agreement and gets in sync with
international practices and its system. The term of registration of trademark is 10 years. Under
the Indian trademark law Certification, product, services and collective are the types of
trademarks that can be registered. All the above three forms of intellectual property rights have
helped save the innovation and creation and also urged others to fight for something to have a
lead in the market. [3]

4. Q. 2. Infringement and Passing Off: Trademark [4]
Difference between Infringement and Passing off:
Infringement is a statutory cure given under area 28(1) of The Trademark Act, 1999 for which
enrollment of a trademark is a pre-imperative, while passing off is a custom-based law cure
and in Passing Off cases, enlistment of a trademark isn't required. Under infringement,
offended party is just required to demonstrate misleading likeness, as there is assumption of
disarray.
Things considered as Infringement or Passing off of Trademark:
 Trademark infringement/Passing off is the unapproved utilization of a trademark or
administration mark on contending or related products and ventures. The
accomplishment of a claim to stop the infringement relies upon whether the
respondent's utilization causes a probability of disarray in the normal purchaser.
 Under Indian enactment the equivalent is given in Section 29. As indicated by Section
29, an enrolled trademark is infringed by an individual who, not being an enlisted owner
or an individual utilizing by method for allowed use, utilizes over the span of exchange
any way which causes perplexity when all is said in done open.
 In the event that that mark is being utilized in various type of business from that in
which enlisted trademark is being utilized and have some indistinguishable or
comparable component, still it adds up to infringement/passing off of trademark.
A thin line between Infringement & Passing Off
Intellectual property rights is a bowl comprised of an immaterial manifestations of one's mind
which incorporates ramifications of considerations, imagination, developments, topped off
with specific angles like; its assurance by enlistment, different sorts of manifestations, methods,
infringement, etc. Whether we take it in respect with our everyday life, or even it is for a
situation of a fresher in a legitimate field, there are different ideas which are distinctive in its
execution, yet its fundamentals are interwoven. With regards to the essential field of IPR, for
example Trademark-it has two such viewpoints which should be comprehended in its spotlight.
Encroachment and Passing-off can be alluded likewise as 'two peas in a pod' on the grounds
that the two ideas manages the misleadingly comparable imprint utilized by the respondent,
contrast being, one is comprehensive of products of same nature while other, of being
distinctive too.

5. Q. 3 Patent Filing Procedure in India
The total patent procedure in India takes anywhere between 3 to 5 years and includes a
progression of ventures to be obligatorily pursued inside endorsed courses of events to get a
patent in India. [5] [6]
Step 0-Choice on doing it yourself or engaging a professional
Before you continue with the patent application process, you have to choose in the event that
you will utilize the help of a patent proficient or undertaking the patent procedure yourself.
Thinking about the quantity of due dates and the effect of these due dates, it is very suggested
that you connect with a patent proficient/firm who has long stretches of involvement in the
patent field.
Step 1-Check the Patentability of the invention by performing a search for similar
technologies
Prior to documenting a patent application in India or in some other nation, the initial step in the
patent enlistment process is to play out a point by point patentability inquiry to decide the odds
of getting a patent. The look ought to in prefect world be performed for both patent and non-
patent references.
Step 2-Drafting a patent application (Provisional or Complete)
Once, you have decided to go ahead with the patent application process, the subsequent stage
is to set up an Indian patent application (Form 1). Each patent application must be compulsorily
joined by a patent detail (Form 2). In light of the condition of the development, you can either
record a temporary patent application or a total patent application (otherwise called Non-
temporary in certain nations).
Step 3-Filing patent application
Patent recording in India can occur in the accompanying situations: First recording in India,
Once the patent application is drafted, the subsequent stage is to document the patent
application in India and secure the documenting date. In the event that you are recording a
temporary application first, you have to document the total application inside a year from the
temporary recording date. Every application for a patent which is documented with the Indian
patent office should be joined by the structures gave underneath:

6. Structure 1 – Application for concede of a patent
Structure 2 – Provisional/Complete determination)
Structure 3 – Statement and undertaking in regards to outside application under segment 8
(possibly required if a comparing patent application is documented in another nation)
Structure 5 – Declaration as to inventorship (just to be recorded alongside the total application)
Structure 26 – Form for approval of a patent operator (possibly required in the event that you
are utilizing a patent specialist to enable you to document the application)
Structure 28 – To be presented by startup or little substance (possibly required in the event that
you are guaranteeing startup or little element status)
Need reports – in the event that you are guaranteeing need from a remote patent application
and entering India, you might be required to give the need record too.
Step 4-Publication of patent application
When is it published? – Every patent application which is filed with the Indian patent office is
kept as a secret until the time it is published in the official patent journal. Indian patent office
will publish patent applications ordinarily after 18 months. This is an automatic event and you
need not make any request. However, if you wish to get your application published earlier, you
can make a request for early publication (Form 9) and your application will ordinarily be
published within 1 month of the request.
When not published – It is also important to know that there are a few scenarios under which
a patent application may not be published and kept as a secret:
 Secrecy directions have been imposed under the patent act. Secrecy directions are
imposed if the invention falls in a category publication of which could be against the
interest of the nation.
 A complete application was not filed within 12 months from the date of filing of the
provisional application
 A request for withdrawal was made. Such a request has to be made at least 3 months
prior to publication. So, for practical purposes, it is 15 months from the date of priority
in a standard patent application process.

7. Step 5-Examination of the patent application
1) Request for Examination
The examination procedure, in contrast to distribution, doesn't occur naturally by method for
recording of the Indian patent application. The candidate needs to explicitly make a solicitation
for inspecting their patent application (Form 18). Just when a Request for Examination (RFE)
is gotten, will the application be lined for examination? In this way, the prior you make the
RFE demand, the prior your application might be analysed by the inspector.
2) Examination process (Objections by examiner & responding to objections)
Once, the Request for Examination has been documented, it will inevitably arrive up on the
work area of the analyst from the significant innovation foundation for examination. Amid the
examination procedure, the analyst will investigate the application to guarantee that the
application is as per the patent demonstration and tenets.
Step 6-Final decision on grant of patent
Once, the patent application overcomes all the objections, the patent will be granted and
published in the patent gazette.
Step 7-Renewal
After the patent has been granted, it has to be renewed every year by paying the renewal fee.
A patent in India can be renewed for a maximum period of 20 years from the patent filing date.
Costs involved during the patent process

8. Q.4. Ownership of Copyright
Ownership in different sectors: [7]
 Literary – author
 Drama – dramatist
 Music – composer
 Artistic work – artist (ex: Painter, Sculptor, Architect)
 Photograph – photographer
 Author of Computer program – Person who causes the work to be created
 When more than one author - joint ownership
Some exceptions,
 In the course of employment – employer
 Employment by newspaper, magazine – employer has publishing right; other rights
with author
 Photograph, painting, cinema for valuable consideration – person who pays money
 Lecture delivered in public – Person delivering
 Government Work – Government
 Public Undertaking Work – public undertaking
Duration of Copyright:
The duration of copyright is dependent on the type of work which is to be given copyright.
Given below are examples of some works.
Literary, Dramatic, Musical and Artistic Works: The life time of the author plus a period of 70
years from the end of the year in which the author dies.
Computer generated works: 50 years from the date of creation of the work. A work is deemed
to be computer generated where there is “no human author”.
Sound recordings: 50 years from the end of year in which it was made or published.
Transfer of Copyright
The rights can be transferred in following manner:
Licensing of copyright: The authorizing of copyright includes the exchange of a few or the
majority of the rights to a licensee to use his work for monetary advantages by the copyright

9. proprietor or licensor. Nonetheless, there is a refinement between the licensing and assigning
of copyright. In licensing, the possession rights don't vest with the licensee while in assigning,
the proprietorship don't vest with the assignor any longer.
Assignment of Copyright: The privileges of a copyright proprietor can be doled out by him
to some other individual by method for a assignment. When a work is created or appears, a
copyright proprietor normally gets qualified to assign his rights. Further, a copyright proprietor
is qualified for different rights i.e. both financial rights and good rights. As indicated by the
Indian Copyright Act, 1957 a forthcoming proprietor of copyright of things to come work may
likewise allot his rights in part or completely. The task will have the impact just when the work
would come in presence.
The assignment should have the following features:
1. The terms and conditions with respect to the update and end of the assignment ought to be
explicit.
2. The aggregate amount of royalty should be referenced.
3. The assignment should be recorded as a hard copy appropriately executed by the copyright
proprietor (Assignor).
4. The copyright work and the rights regulated should be mentioned clearly.
5. If the term of assignment is not referenced, then the term shall be taken as 5 years from the
date of assignment by default. If the geographical limit is not stated, then it is expected to
extent within India.
Transmission of copyright: If the proprietor of the copyright dies, who was working on the
original work of dramatic, literary, artistic or musical work and was unable to compose the
manuscript before dying, then, in that case, the copyright ownership is transmitted to the person
stated in the will.
Relinquishment of Copyright: All or any of the privilege vested in the copyright of a work, can
be relinquished by an author of a work, by giving a notice to the Registrar of Copyrights in a
prescribed form. The rights shall cease to exist from the date of the notice. The registrar shall cause
the notice to be published in the Official Gazette, when he gets such notice, or he may make the
notice be distributed in such a way as he consider to be fit.

10. Q. 5. Infringement of Copyright and its Remedies
There are three types of remedies a person can get for copyright infringement in India – civil
remedies, criminal remedies and administrative remedies.
Civil Remedies for Copyright Infringement [8]
Injunction damages or account of profit, delivery of infringing copy and damages for conversion.
As mentioned under Section 55 of the Copyright Act of 1957, the different civil remedies for
copyright infringement available are:
 Interlocutory Injunctions: The grant of an interlocutory injunction is the most important
remedy. In most case the application filled is for interlocutory relief and the matter rarely
goes beyond the interlocutory stage. There are three requirements for there to be a grant of
interlocutory injunction – Firstly, a prima facie case. Secondly, there needs to be a balance
of convenience. Finally, there needs to be an irreparable injury.
 Pecuniary Remedies: Copyright owners can also seek three pecuniary remedies under
Section 55 and 58 of the Copyright Act of 1957. First, an account of profits which lets the
owner seek the sum of money made equal to the profit made through unlawful conduct.
Second, compensatory damages which let the copyright owner seek the damages he
suffered due to the infringement. Third, conversion damages which are assessed according
to the value of the article.
 Anton Pillar Orders: The Anton pillar order gets its name from the holding in Anton Pillar
AG V. Manufacturing Processes. The following elements are present in an Anton Pillar
Order – First, an injunction restraining the defendant from destroying or infringing goods.
Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and
take goods in their safe custody. Third, an order that the defendant be directed to disclose
the names and addresses of suppliers and consumers.
 Anton Pillar Orders: The Anton pillar order gets its name from the holding in Anton Pillar
AG V. Manufacturing Processes. The following elements are present in an Anton Pillar
Order – First, an injunction restraining the defendant from destroying or infringing goods.
Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and
take goods in their safe custody. Third, an order that the defendant be directed to disclose
the names and addresses of suppliers and consumers.
 Norwich Pharmacal Order: The Norwich Pharmacal Order is usually passed when
information needs to be discovered from a third party.
Criminal Remedies [9]
Imprisonment of the accused or imposition of fine or both. Seizure of infringing copies. The
criminal remedies available to owner of copyright, trademark and patents are as follow:
 Trademark: The said act enumerates numerous offences in relation to the trademarks
like falsifying and falsely applying a trademark, making or possessing instruments for
falsifying Trade Marks, applying false trade description, applying false indication of
country of origin etc. The punishment for the aforesaid offenses varies from offence to
offence but the minimum punishment can go as high as imprisonment up to 3 years
with or without fine.

11.  Copyright: Copyright Infringement is a cognizable offence. Under the Copyright Act,
1957 the offence of infringement of copyright is punishable with imprisonment, which
may extend from a mandatory punishment of 6 months to maximum of 3 years and with
a fine not less than fifty thousand rupees and extending up to 2 lakh rupees.
 Patents: The Patents Act, 1970 under Chapter XX also prescribe many offences in
relation to patents such as falsification of entries in register, unauthorized claim of
patent rights, refusal or failure to supply information etc.
Administrative remedies [4]
Administrative remedies consist of moving the Registrar of copyrights to ban the import of
infringing copies into India when the infringement is by way of such importation and the
delivery of the confiscated infringing copies to the owner of the copyright and seeking the
delivery.
Registration with CBEC, empowers the Customs authority to intercept, seize and confiscate
goods found to be or suspected to be infringing Intellectual Property rights registered and
inforce in India by any person other than the Intellectual Property Rights holder or without
permission/authorization of the Intellectual Property Rights. Further by making an application
the applicant can cover all the Custom Air Cargo Complexes, Seaports and Land Customs
Stations through which importation or exportation of pirated article is suspected in India. The
registration is usually obtained within a month for 5 years validity.
Q. 6. Revocation of Patent
'Revocation of Patent' is cancellation of patent rendering a patentee devoid of rights given to
him for his patent. Patents can be revoked by:
 Intellectual Property Appellate Board (IPAB) considering a petition applied by any
person interested based on the grounds given under section 64(1), this decision can be
further challenged in High Court.
 High Court, where counter-claim for legality of the patent is questioned in the case of
infringement,
 High Court, on appeal by the Central Government, being satisfied that the applicant is not
complying with the needs of the Central Government to use the patented product or process
under section 64(4),
 Controller, on the directions of Central Government, can revoke patents if it is related to
atomic energy or against public interest as given under section 65 and 66, respectively,

12.  Controller, considering application filed by any interested person or Central Government
u/s 85, may revoke a patent after two years of the grant of the first compulsory license
based on the non- fulfillment of the basic requirements like workability in the territory of
India, satisfaction of public requirements and availability at affordable price.
Revocation Proceedings:
12 months life of patent
Revocation hearing successful Revocation overruled
2 months
No Reply
2+1 months
2+1 months
1+1 months
Grant
Publication of
Grant
of
Revocation
Proceedings
Patent Revoked
Revocation
petition in IPAB
Writ
petition to
High Court
Notice for
revocation
Patentee replies
to the notice
Evidence in
support to
revocation
Evidence in
support of
application
Further
Evidence
Reply Evidence
Patent deemed
to be revoked
Hearing

13. Grounds for Revocation: [10]
A patent, u/s 64(1) of the Patents Act 1970, can be revoked by High Court or IPAB on a
number of matters within one year of grant of the patent, briefly stated as under:
 Subject do not constitute invention based on non-compliance of basic requirements of
novelty, no obviousness, usefulness and sufficient disclosure
 Any of the claims is also claimed in the complete specifications of another patent with
earlier priority date.
 Person is not entitled to be an applicant of the application under the provisions of the act
 Patent was obtained wrongfully from petitioner or another concerned person
 Subject covered in the application is publicly known or used or anticipated from any work
published before the priority or filing date of the application
 Subject matter is not patentable under the scope of the act
 Claim(s) are non-descriptive or doesn't disclose the best method of performing the process
 Scope of claim(s) not clearly defined
 Secretly used in India before the priority date of the respective claim
 Failure of disclosure of information as required under section 8
 Non-compliance of the secrecy directions provided under section 35 and/or applying for
grant outside India without prior permission as directed under section 39
 Non-disclosure or false intimation of geographical origin of the biological material used in
the application
 Knowledge involved in application is previously known to any local community in India
or elsewhere

14. Q. 7. Patentable Subject matter and Non Patentable Subject matter
In Indian legal system the patent is given by the state to the inventor, if it follows some certain
conditions. If the invention does not fall under that set of conditions the patent is not given.
Such matters are known as the non-patentable subject matter.
Criteria for patentability:
 Absolute Novelty: The invention must be new and should not be in public domain of
knowledge before filling its application.
 Inventive step/ Non obviousness: The invention which is to be filed, must not be
obvious to the person who is talented and experienced in the similar field. Also it should
include a distinctive and inventive feature compare to the previous inventions in the
field.
 Industrial application and significance: The new claimed process or product should be
capable of being exploited economically, it should also be capable of being produced
or used in the industry.
The inventions must not fall under non patentable matter in 1970 patent act’s section 3 and 4.
Limits on patentability: (Mentioned in Section 3 and 4 of Patent law)
 An Invention which is contradictory to the well-established natural laws. (e.g. Perpetual
motion machine, Invention contradicting the first law of thermodynamics)
 An Invention which is intended to use contradictory to law or morality or harmful to
environment or public health. (e.g. Biochemical weapons, betting machine)
 The mere discovery of a scientific principle or the formulation of an abstract theory or
discovery of living or non-living substance in the nature. (e.g. discovery of new plant
or animal species)
 The minor disclosure of another type of a known substance which does not improve the
known adequacy of that substance, the unimportant revelation of another property or
new use for a known substance or the negligible utilization of a known procedure,
machine or contraption except if the realized procedure results in another item or
utilizes no less than one new reactant.

15.  Discovery of new property of new use for a previously existing known substance or use
of a known process or equipment/apparatus unless such new process employs a new
reactant or results in a new process. (e.g. New uses of Neem or Aloe Vera)
 A substance obtained by the mixtures of two components causing aggregation of their
properties. (e.g. proper ratio of sugar and color to prepare a soft drink)
 The insignificant course of action, reworking or duplication of known gadgets which
work freely of each other in a known manner; (e.g. A watch with thermometer)
 A procedure/method related to horticulture or agriculture. (e.g. Cultivation of
mushroom/ algae etc.)
 any process for the medicinal, prophylactic, diagnostic, surgical, curative, therapeutic
or other treatment of humans, or any process for a similar treatment of animals to make
them free of disease or to increase their economic value or that of their products. (e.g.
surgical processes)
 plants and animals in whole or any part thereof other than microorganisms, including
seeds, varieties and species and essentially biological processes for production or
propagation of plants and animals (e.g. Cloning of plants)
 A computer programmer, mathematical or business model or algorithm of any
computer program. (e.g. online chatting method)
 Literary, dramatic, Architectural, Painting or any form of aesthetic art work including
cinematography and TV production.
 Trick/method which is used while playing a game or performing a art.
 Method of presenting the information.
 The topography of the Integrated circuits.
 plants and creatures in entire or any part thereof other than microorganisms, including
seeds, assortments and species and basically organic procedures for generation or
spread of plants and creatures.
 Inventions relating to atomic energy.

16. Q. 8. Explain the Significance of IPR for a Business
Alongside human innovativeness and creativity, intellectual property is surrounding us. Each
item or administration that we use in our day to day lives is the consequence of a long chain of
enormous or little developments, for example, changes in design, or upgrades that make an
item look or capacity the manner in which it does today. For ex., a pen. Ladislao Biro's patent
on ballpoint pens was from various perspectives a leap forward. Be that as it may, similar to
him, numerous others have improved the item and its plans and lawfully ensured their
enhancements through the securing of IP rights. The trademark on your pen is likewise
intellectual property, and it causes the maker to advertise the item and build up a faithful
customer base. Despite what item your undertaking makes or what administration it gives, all
things considered, it is normally utilizing and making a lot of licensed innovation. This being
the situation, you should to systematically consider the means required for ensuring, overseeing
and authorizing it, in order to get the most ideal business results from its proprietorship. In the
event that you are utilizing protected innovation that has a place with others, at that point you
ought to consider getting it or securing the rights to utilize it by taking a permit so as to keep
away from a debate and ensuing costly suit.
Pretty much every small or medium-sized enterprise (SME) has an exchange name or at least
one trademarks and ought to think about securing them. Most SMEs will have important private
business data, from clients' rundowns to deals strategies that they may wish to ensure. A
substantial number would have created innovative unique structures. Many would have
delivered, or aided the distribution, dispersal or retailing of a copyrighted work. Some may
have created or improved an item or administration.
In every single such case, SME should to think about how best to utilize the IP framework to
its own advantage. Keep in mind that IP may help your SME in pretty much every part of your
business improvement and focused system: from item advancement to item structure, from
administration conveyance to advertising, and from raising budgetary assets to trading or
growing your business abroad through authorizing or diversifying.
Intellectual Property enhance the Export opportunities of Business
Before setting out on a fare activity, endeavours experience a progression of pivotal advances
which extend from recognizing a proper fare showcase and assessing request, to discovering
channels of appropriation, evaluating costs and acquiring reserves. Here we try to diagram the

17. primary reasons why you ought to likewise take intellectual property issues into record while
arranging your fare system, and investigate manners by which IP rights could improve the
intensity of your small or medium-sized enterprise (SME) in fare markets.
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