Module 5

MQP 1

9a. Explain the process of industrial design registration

Ans:

Process of Design Registration

1. Prior Art Search

Before filing, a prior art search is conducted to ensure that the design is new and not previously
registered.
Search tools include:

• Design Search Utility (CGPDTM)

• Global Design Database (WIPO)

2. Filing of Design Application

The applicant (individual, small entity, institution, or industry) files the design application.

Process:
 • Application is submitted at the Design Office, Deputy Controller of Patents & Designs,
Kolkata.

• Non-resident applicants must appoint an agent in India.

• Required documents include design representations and prescribed forms.

3. Formality Check

The examiner verifies whether the application meets formal and legal requirements.

• If discrepancies are found, the applicant must correct them within 6 months.

4. Substantive Examination

The design is examined on the following grounds:

• Novelty: Whether the design is new.

• Originality: Whether it is significantly distinguishable from existing designs.

If accepted → proceeds to registration.

If rejected → applicant may amend and resubmit.

5. Acceptance for Registration

Once the design satisfies all criteria:

• It is accepted for registration.

• The design is published in the Official Journal of the Patent Office.

6. Issue of Certificate

If no objections are raised within 1 month of publication, a Design Registration Certificate is

issued.

7. Duration of Registration

• Initial term: 10 years from the date of registration (or priority date).

• Extension: Can be renewed for 5 more years by filing Form-3 with the prescribed fee.

8. Importance of Design Registration

• Grants exclusive rights to the owner.

• Prevents piracy and imitation.

 • Enhances market value and goodwill of the product.

9. Cancellation of Registered Design

A registered design can be cancelled by filing Form-8 with the prescribed fee.

Grounds for cancellation:

• Design already registered.

• Design published prior to registration.

• Design lacks novelty or originality.

9b. Define Geographical Indications (GI) with an example. What are the rights granted to GI
holders?

Ans:

Definition of Geographical Indications (GI)

A Geographical Indication (GI) is a sign or name used on products that come from a specific
geographical area and have special quality, reputation, or characteristics because of that place.

There is a strong connection between the product and its place of origin

Example:

Darjeeling Tea – It is grown only in the Darjeeling region of West Bengal, and its taste and quality
are linked to that area

Rights Granted to GI Holders

The following rights are given to registered GI holders:

1. Right to grant license

The GI holder can allow others to use the GI by giving a license. This license must be in
writing and registered

2. Right to sue
The GI holder can take legal action against anyone who uses the GI name without
permission

3. Right to exploit the GI

The holder can authorize users to use the GI exclusively for the registered goods

4. Right to get legal relief

The registered proprietor and authorized users can get relief from courts in case of
misuse or violation of GI rights

10a. Explain Case study of Curcuma (Turmeric) Patent, Case study of Neem Patent.

Ans:
1. Case Study of Curcuma (Turmeric) Patent

• Turmeric (Curcuma longa) has been traditionally used in India for centuries, especially
for healing wounds and as an antiseptic.

• In 1995, the United States Patent and Trademark Office (USPTO) granted a patent to
two scientists of the University of Mississippi Medical Center for the use of turmeric in
wound healing.

• This patent claimed that the use of turmeric for healing wounds was a new invention.

Challenge and Outcome:

• The Council of Scientific and Industrial Research (CSIR), India challenged this patent.

• CSIR provided ancient Indian texts and publications as evidence to prove that turmeric
had been used in India for wound healing long before the patent was granted.

• Based on this evidence, the USPTO cancelled the patent, stating that the invention
lacked novelty.

Conclusion:
This case showed the importance of traditional knowledge documentation and prevented the
misuse of India’s traditional knowledge

BRMK557-module-5-pdf

2. Case Study of Neem Patent

• Neem (Azadirachta indica) is widely known in India for its medicinal, agricultural, and
pesticidal properties.

• In the 1990s, a patent was granted by the European Patent Office (EPO) to a US company
and the US Department of Agriculture for a neem-based fungicide.

• The patent claimed a method of using neem oil to control fungal diseases in plants.

Challenge and Outcome:

• Indian farmers, environmental groups, and the Indian government opposed this patent.

• They argued that the use of neem for pest control was traditional knowledge and had
been practiced in India for centuries.

• After reviewing the evidence, the EPO revoked the patent, stating that the invention was
not new and lacked inventive step.

10b. Using a flow chart, explain the process of GI registration

Ans:
Process of GI Registration

1. Prior Art Search

Before applying, a search is done to check whether the GI is already registered or not.

• Search engines like WIPO’s Global Brand Database or the GI Registry website are used.

2. Filing the Application

The application can be filed by an individual, organization, association, or authority.

Process:

• The application is submitted in the prescribed format to the Registrar of Geographical

Indications, Chennai.

• Details about the interest of producers and standards for maintaining the GI are
included.

• Three certified copies of the map of the geographical region are attached.
3. Examination of Application

• The examiner checks the application for errors, deficiencies, or similarities with
existing GIs.

• If any problems are found, the applicant must reply within 1 month.

4. Publication in GI Journal

• If the examiner is satisfied, the application is published in the Geographical Indication

Journal.

• The public is given 4 months to raise objections, if any.

5. Objection Handling

• If objections are raised, the applicant must respond within 2 months.

• If no objections are filed, the application moves forward.

6. Registration of GI

• After resolving objections (if any), the GI is registered.

• The filing date becomes the registration date.

• The GI is valid for 10 years and can be renewed by paying the prescribed fee.

7. Issue of GI Tag

• Once registered, the product is granted a GI tag.

• This tag confirms the product’s authenticity and geographical origin.

MQP 2

9a. Explain the classification of Industrial Designs and design registration trends in India

Ans:

1. Classification of Industrial Designs

• Industrial Designs are classified according to the Locarno Agreement, 1968.

• This classification system is used internationally for the registration and search of
industrial designs.

• Designs are divided into 32 classes and 237 subclasses.

• Each class represents a particular type of product to which a design is applied.

 • The classification helps in:

o Easy registration of designs

o Efficient design searches

o Uniformity in official documents

Example:

• Class 1: Foodstuffs for human beings and animals

• Class 9: Bottles, flasks, containers, and packaging

• Class 32: Graphic symbols, logos, surface patterns, and ornamentation

This system allows designs to be searched in English and French

BRMK557-module-5-pdf

2. Design Registration Trends in India

• The design registration trend in India shows steady growth from 2010 to 2020.

• During this period:

o Designs filed increased by about 88%

o Designs examined increased by about 117%

o Designs registered increased by about 33%

• The highest number of filings, examinations, and registrations were recorded in 2019–
2020.

• This growth indicates:

o Increased awareness about design protection

o Growth in innovation and industrial activity in India

9b. Explain the famous case law between Apple Inc Vs Samsung Electronics Co. related with
Industrial Design Rights.

Ans:

The Apple Inc. vs Samsung Electronics Co. case is a famous legal dispute related to industrial
design rights and patent infringement.

• In 2011, Apple Inc. filed a case against Samsung Electronics Co. in the United States
District Court for the Northern District of California.

• Apple claimed that Samsung had copied the design and user interface of Apple’s
iPhone, especially features like:

o Screen layout (app grid)

o “Tap to zoom” function

• Apple submitted side-by-side images of the iPhone 3GS and Samsung Galaxy S to show
similarities between the two products.

Samsung’s Defense:

• Samsung argued that Apple had manipulated the images to make both phones look
similar in size and shape.

• Samsung accused Apple of submitting false and misleading evidence.

• Samsung then counter-sued Apple in several countries, including South Korea, Japan,
Germany, and the USA.

Outcome of the Case:

• The legal battle continued for about 7 years in different courts across the world.

• In June 2018, both companies reached a settlement.

• Samsung was ordered to pay $539 million to Apple for infringing Apple’s design and
utility patents.
10a. How would you describe the overall ecosystem and significance of geographical
indications in India?

Ans:

1. GI Ecosystem in India

Explanation

India has rich cultural and geographical diversity, which provides huge potential for Geographical
Indication (GI) products linked to specific regions and traditions. GI helps connect products to
their place of origin and protects their uniqueness.

Key Points

• Total GI Registered:
As of June 2021, about 370 GIs have been registered in India.

• Scope:
India has high potential for GI products, but the number of registrations is still below its
true potential.

• Trends (2010–2020):

o Maximum GI filings: 148 in 2011–12

o Minimum GI filings: 17 in 2015–16

o Average registrations: 20–30 per year

o Peak registrations: 34 in 2016–17

This shows that GI registrations fluctuate over the years but remain important for regional
development.

2. Significance of GI in India

Explanation
GI tags protect the authenticity and origin of products and ensure that only genuine producers
use the GI name. This helps preserve culture, quality, and tradition.

Key Points

• GI Tag:

o Confirms the geographical origin and production standards of a product.

• Examples:

o Darjeeling Tea

o Mysore Silk

o Tirupati Laddu

• Economic Impact:

o Supports local farmers and artisans

o Increases market recognition and premium pricing

• Cultural Identity:

o Preserves traditional knowledge and cultural heritage

• Legal Protection:

o Prevents misuse of GI names

o Restricts labeling of products not produced in the designated region

3. GI Registry in India (Extra)

Explanation

The Geographical Indications Registry works under the Department for Promotion of Industry
and Internal Trade (DPIIT) and manages GI registrations in India.

Key Points

• Head Office: Chennai

• Functions:

o Issues GI tags

o Ensures products follow approved standards and geographical origin

• Example:

o Darjeeling Tea can be labeled as GI only if grown in the Darjeeling region, even
though tea plants can grow elsewhere.

10b. Using a flowchart, Explain the process of GI registration.

MQP 3

9a. Explain in detail what is Industrial Design (ID)

Ans:

Industrial Design (ID) – Meaning

An Industrial Design (ID) refers to the visual appearance of a product, which includes features
such as shape, configuration, pattern, ornamentation, or composition of lines and colours
applied to an article.
These features make the product attractive to the eye and are judged only by visual appeal, not
by how the product works

Key Characteristics of Industrial Design

• A design may be two-dimensional, three-dimensional, or a combination of both.

• It can be created by manual, mechanical, or chemical processes.

• The design must be applied to a finished article.

• It should be visible on the product.

• The design must be new or original and not previously published or used

What Industrial Design Does NOT Include

Industrial Design does not include:

• Any mode or principle of construction

• Any purely mechanical device

• Artistic works protected under the Copyright Act such as paintings, sculptures,
photographs, or architectural works

• Trademarks

Purpose of Industrial Design Protection

• The main objective of registering an industrial design is to protect the aesthetic value of
a product.

• It encourages creativity and innovation by giving legal protection to designers.

• It prevents unauthorized copying or imitation of product designs

Examples of Industrial Designs

• Coca-Cola Bottle – Known for its unique contoured shape.

• iPhone – Recognized for its sleek shape, smooth edges, and visually appealing design

9b. Summarize the Non Protectable Industrial Designs in India

Ans:
Non-Protectable Industrial Designs
• Designs against public morality
Any design that is offensive or against moral values is not allowed.
• National symbols and emblems
Designs that include flags, emblems, or official signs of any country are not
protectable.
• Designs of integrated circuits
Designs related to integrated circuits are excluded from protection.
• Mechanical or functional designs
Designs that show only the method or process of making an article or are purely
mechanical are not considered industrial designs.
• Printed matter and documents
Designs applied to:
o Books, Calendars, Certificates, Forms, Greeting cards, Maps, postcards,
stamps, medals
• Artistic works under Copyright Act
Artistic works such as:
o Paintings, Sculptures, Drawings and photographs, Architectural works,
Artistic craftsmanship
• Trademarks
Industrial Designs do not include trademarks.

9c. Describe the Registration process for Industrial Design with a flow chart

Ans:

10a. Define the term Geographical Indicators (GI)? What are the rights given to GI holders

10b. Discuss the case study of Apple Vs Samsung

10c. Discus the case study of Basmati Patent

Ans:

Case Study of Basmati Patent

• Basmati rice is a traditional aromatic rice variety grown mainly in India and Pakistan,
especially in the Indo-Gangetic plains.

• It is known for its long grains, fragrance, and special cooking quality and has been
cultivated for centuries.

Patent Issue

• In 1997, a US-based company called RiceTec Inc. was granted a patent by the United
States Patent and Trademark Office (USPTO).

• The patent covered certain lines and grains of Basmati rice and also the use of the term
“Basmati” for rice grown outside India.
 • This created concern in India as it threatened the traditional rights of Indian farmers and
could mislead consumers.

India’s Response

• The Government of India, along with research organizations, strongly opposed the
patent.

• India argued that:

o Basmati rice is traditional knowledge.

o Its characteristics were already known and documented.

o Granting the patent violated the principle of novelty.

Outcome

• After reviewing the evidence, the USPTO revoked most of RiceTec’s patent claims.

• RiceTec was not allowed to use the name “Basmati” for rice grown outside the
traditional regions of India and Pakistan.

Significance of the Case

• The case highlighted the issue of biopiracy.

• It showed the importance of protecting traditional knowledge and geographical

indications (GI).

• It strengthened India’s efforts to secure GI protection for Basmati rice.

Dec/Jan

Ans:

 The word “Design” is defined as the features of shape, configuration, pattern, ornament, or
composition of lines or colours applied to any article.

 The design may be of any dimension, i.e., one-dimensional, two-dimensional, three-

dimensional, or a combination of these.

 An industrial design right protects only the appearance or aesthetic features of a product
and does not protect the technical or functional features of the product.

 A design may be created by any industrial process or means, and it should appeal to and be
judged solely by the eye in the finished article.
 The main objective of registration of industrial designs is to protect and incentivize the
original creativity of the originator and to encourage others to work towards the art of
creativity.

Ans:

 Any industrial design which is against public moral values is excluded from design
protection. (1 mark)

 Industrial designs including flags, emblems, or signs of any country are not eligible for
protection. (1 mark)

 Industrial designs of integrated circuits are excluded from registration. (1 mark)

 Any design describing the “process of making of an article” is not protectable.

Also, industrial designs applied to the following are excluded: (3 marks)

• Books

• Calendars

• Certificates

• Forms and other documents

• Dressmaking patterns

• Greeting cards

• Leaflets

• Maps and plan cards

• Postcards, stamps, and medals

 Artistic works defined under Section 2(c) of the Copyright Act, 1957 are not subject matter
for registration as industrial designs, such as: (3 marks)

• Paintings, sculptures, and drawings (including diagrams, maps, charts, or plans)

• Photographs and works of architecture

• Any other work related to artistic craftsmanship

 Industrial designs do not include any trademark as per the Designs Act, 2000. (1 mark)

Ans:

Rights of the Owner of Designs

• The registration of a design confers a monopolistic right to the proprietor.

By this right, the owner can legally exclude others from reproducing, manufacturing,
selling, or dealing in the registered design without his prior consent.
 • Design registration is particularly useful where the shape of the product has aesthetic
value, and the proprietor wishes to have exclusive rights over the novel and original
design applied to his product or article.
(4 marks)

• Once the applicant is conferred with rights over a specific design, he has the right to sue
any person (natural or legal entity) if pirated products of his registered design are being
used.

• The proprietor can file an infringement case in the court, not lower than a District
Court, to:

o Stop such exploitation, and

o Claim damages to which he is legally entitled.

• The court will first verify whether the design is registered under the Designs Act, 2000.

• If the design is not registered, no legal action can be taken against the infringer.

• If the infringer is found guilty of piracy or infringement, the court may order him to pay
damages up to ₹50,000 for infringement of one registered design.
(6 marks)

June/July

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