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IPR& Research Complete Notes

The document outlines the research process, detailing eight essential stages from identifying a problem to writing a report. It emphasizes the importance of distinguishing between research and non-research problems, conducting literature reviews, and setting clear research objectives and hypotheses. Additionally, it discusses good research criteria, approaches to research, and data collection methods, highlighting the significance of both primary and secondary data in ensuring the integrity and effectiveness of research.

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0% found this document useful (0 votes)
2 views41 pages

IPR& Research Complete Notes

The document outlines the research process, detailing eight essential stages from identifying a problem to writing a report. It emphasizes the importance of distinguishing between research and non-research problems, conducting literature reviews, and setting clear research objectives and hypotheses. Additionally, it discusses good research criteria, approaches to research, and data collection methods, highlighting the significance of both primary and secondary data in ensuring the integrity and effectiveness of research.

Uploaded by

Koppula Suresh
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

RESEARCH METHODOLOGY AND IPR (20MCI501)

UNIT-I
Q) Describe briefly the Research process with neat sketch
There are a variety of approaches to research in any field of investigation, irrespective of
whether it is applied research or basic research. Each particular research study will be unique
in some ways because of the particular time, setting, environment, and place in which it is
being [Link], all research endeavors share a common goal of furthering our
understanding of the problem and thus all traverse through certain basic stages, forming a
process called the research process.

An understanding of the research process is necessary to effectively carry out research and
sequencing of the stages inherent in the process.

These 8 stages in the research process are;

1. Identifying the problem.


2. Reviewing literature.
3. Setting research questions, objectives, and hypotheses.
4. Choosing the study design.
5. Deciding on the sample design.
6. Collecting data.
7. Processing and analyzing data.
8. Writing the report.

Step – 1: Identifying the Problem

1|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
The first and foremost task in the entire process of scientific research is to identify a research
problem. A well-identified problem will lead the researcher to accomplish all-important
phases of the research process, starting from setting objectives to the selection of the research
methodology.

But the core question is: whether all problems require research.

We have countless problems around us, but all that we encounter do not qualify as research
problems, and thus, these do not need to be researched.

Keeping this point in view, we must draw a line between a research problem and a non-
research problem.

Intuitively, researchable problems are those who have a possibility of thorough verification
investigation, which can be effected through the analysis and collection of data, while the
non-research problems do not need to go through these processes.

Researcher need to identify both;

1. Non-research Problem, and


2. Research Problem.

Non-Research Problem

A non-research problem is one that does not require any research to arrive at a solution.
Intuitively, a non-researchable problem consists of vague details and cannot be resolved
through research.

It is a managerial or built-in problem that may be solved at the administrative or management


level. The answer to any question raised in a non- research setting is almost always obvious.

The outbreak of cholera, for example, following a severe flood, is a common phenomenon in
many communities. The reason for this is known. It is thus not a research problem.

Similarly, reasons for the sudden rise in prices of many essential commodities following the
announcement of the budget by the Finance Minister need no investigation. Hence it is not a
problem that needs research.

Example

A hospital treated a large number of cholera cases with penicillin, but the treatment with
penicillin was not found to be effective. Do we need research to know the reason?

Here again, there is one single reason that Vibrio cholera is not sensitive to penicillin, and
therefore, this is not the drug of choice for this disease.

2|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
In this case, too, as the reasons are known, it is unwise to undertake any study to find out why
penicillin does not improve the condition of cholera patients. This is also a non-research
problem.

Step – 2: Reviewing of Literature

A review of relevant literature is an integral part of the research process. It enables the
researcher to formulate his problem in terms of the specific aspects of the general area of his
interest that has not been so far researched.

Such a review, not only provides him exposure to a larger body of knowledge but also equips
him with enhanced knowledge to efficiently follow the research process.

Through a proper review of the literature, the researcher may develop the coherence between
the results of his study and those of the others

Step – 3: Setting research questions, objectives, and hypotheses

After discovering and defining the research problem, researchers should make a formal
statement of the problem leading to research objectives.

An objective will precisely say what should be researched, to delineate the type of
information that should be collected, and provide a framework for the scope of the study. The
best expression of a research objective is a well-formulated, testable research hypothesis.

A hypothesis is an unproven statement or proposition that can be refuted or supported by


empirical data. Hypothetical statements assert a possible answer to a research question.

Step -4: Choosing the study design

The research design is the blueprint or framework for fulfilling objectives and answering
research questions.

It is a master plan specifying the methods and procedures for collecting, processing, and
analyzing the collected data. There are four basic research designs that a researcher can use to
conduct his or her study;

1. survey,
2. experiment,
3. secondary data study, and
4. observational study.

The type of research design to be chosen from among the above four designs depends
primarily on four factors:

 The type of problem


 The objectives of the study,
 The existing state of knowledge about the problem that is being studied, and

3|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
 The resources are available for the study.

Step – 5: Deciding on the sample design

 Sampling is an important and separate step in the research process. The basic idea of
sampling is that it involves any procedure that uses a relatively small number of items
or portions (called a sample) of a universe (called population) to conclude the whole
population.
 It contrasts with the process of complete enumeration, in which every member of the
population is included.
 Such a complete enumeration is referred to as census.

Step – 6: Collecting data

 The gathering of data may range from simple observation to a large-scale survey in
any defined population. There are many ways to collect data.
 The approach selected depends on the objectives of the study, the research design, and
the availability of time, money, and personnel.
 With the variation in the type of data (qualitative or quantitative) to be collected, the
method of data collection also varies.
 The most common means for collecting quantitative data is the structured interview.

Step-7: Processing and Analyzing Data

 Data processing generally begins with the editing and coding of data. Data are edited
to ensure consistency across respondents and to locate omissions, if any.
 In survey data, editing reduces errors in the recording, improves legibility, and
clarifies unclear and inappropriate responses. In addition to editing, the data also need
coding.
 Because it is impractical to place raw data into a report, alphanumeric codes are used
to reduce the responses to a more manageable form for storage and future processing.

Step-8: Writing the report – Developing Research Proposal, Writing Report,


Disseminating and Utilizing Results

The entire task of a research study is accumulated in a document called a proposal.

A research proposal is a work plan, prospectus, outline, an offer, a statement of intent or


commitment from an individual researcher or an organization to produce a product or render
a service to a potential client or sponsor.

The proposal will be prepared to keep in view the sequence presented in the research process.
The proposal tells us what, how, where, and to whom it will be done.

4|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
Q) Write briefly about good Research criteria.
Whatever may be the types of research works and studies, one thing that is important is that
they all meet on the common ground of scientific method employed by them. One expects
scientific research to satisfy the following criteria1:
1. The purpose of the research should be clearly defined and common concepts be
used.

2. The research procedure used should be described in sufficient detail to permit


another researcher to repeat the research for further advancement, keeping the
continuity of what has already been attained.

3. The procedural design of the research should be carefully planned to yield


results that are as objective as possible.

4. The researcher should report with complete frankness, flaws in procedural


design and estimate their effects upon the findings.

5. The analysis of data should be sufficiently adequate to reveal its significance


and the methods of analysis used should be appropriate. The validity and
reliability of the data should be checked carefully.

6. Conclusions should be confined to those justified by the data of the research and
limited to those for which the data provide an adequate basis.

7. Greater confidence in research is warranted if the researcher is experienced, has


a good reputation in research and is a person of integrity.

In other words, we can state the qualities of a good research2 as under:


1. Good research is systematic: It means that research is structured with specified
steps to be taken in a specified sequence in accordance with the well defined set
of rules. Systematic characteristic of the research does not rule out creative
thinking but it certainly does reject the use of guessing and intuition in arriving
at conclusions.
2. Good research is logical: This implies that research is guided by the rules of
logical reasoning and the logical process of induction and deduction are of great
value in carrying out research. Induction is the process of reasoning from a part
to the whole whereas deduction is the process of reasoning from some premise

5|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
to a conclusion which follows from that very premise. In fact, logical reasoning
makes research more meaningful in the context of decision making.
3. Good research is empirical: It implies that research is related basically to one
or more aspects of a real situation and deals with concrete data that provides a
basis for external validity to research results.
4. Good research is replicable: This characteristic allows research results to be
verified by replicating the study and thereby building a sound basis for
decisions.
Q) What are the 3 approaches to research?
The three common approaches to conducting research are quantitative, qualitative, and mixed
methods. The researcher anticipates the type of data needed to respond to the research
question.

Quantitative, Qualitative, and Mixed Methods


Researchers have many ways of examining and relating their study. Quantitative, qualitative,
and mixed measures are all differentiated by the question, 'How is the researcher explaining
his or her findings?' If the researcher uses numbers, they are using a quantitative measure; if
they use a descriptive style, it is qualitative measure; and if they are somewhere in between, it
is a mixed method.

Quantitative Research
Quantitative research uses numbers to test hypotheses and make predictions by using
measured amounts, and ultimately describe an event by using figures. By using numbers, the
researcher has the opportunity to use advanced and powerful statistical tests to ensure that the
results have a statistical relationship and are not just a fluke observation.

When using quantitative research, the researcher must define what they are measuring. The
idea here is to look at a specific attribute or variable. This is referred to as an operational
definition. By operationalizing what you are looking for, you are only measuring a particular
and relevant thing, which restricts your view to what is relevant. For example, if you are only
looking at acts of aggression by physically touching someone, you don't count when someone
yells at another person.

A strength of quantitative methods is that, by examining numbers, a certain level of bias is


removed. It is hard to argue that one kicking a ball, for instance, is not kicking a ball. When a

6|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
researcher studies a specific variable that is operationally defined, then the results can be
applied to larger populations, making the findings generalizable.

Here's an example: You have been called upon to conduct research on elementary school
violence. You go through the process of selecting the school and decide that you will observe
the youngsters while at recess. Prior to your observations, you decide you will operationally
define violence as one child pushing, shoving, or striking another child during recess. You
monitor them for a week and find 50 acts of violence, with an average of 10 a day and a
standard deviation of two.

By using quantitative research, you have been able to determine how frequent violent acts
occur on a school ground. This can then be generalized to other schools in the area under
similar conditions or act as a comparison to other schools in different areas.

Qualitative Research
Qualitative research describes the kind and quality of a subject, while interpreting and
attempting to understand an event. By using narrative descriptions, the purpose of qualitative
research is to give someone a mental picture of what the researcher is seeing. Due to the
nature of qualitative research, it is difficult to use statistical procedures to measure kinds and
qualities, and this research typically focuses on a few individuals or just a single person.

If the researcher uses numbers, they are using a quantitative measure; if they use a descriptive
style, it is qualitative measure; and if they are somewhere in between, it is a mixed method.
Q) How will you interpret the data collection in research?
Data interpretation is the process of reviewing data through some predefined processes which
will help assign some meaning to the data and arrive at a relevant conclusion. It Is the process
of organizing data into logical, sequential and meaningful categories and classifications to
make them amenable to study and interpretation. It involves taking the result
of data analysis, making inferences on the relations studied, and using them to conclude. Data
interpretation refers to the process of reviewing provided data and to use these data for
calculating the required value. The data can be provided in various forms like in table format,
pie chart, line graph, bar graph, caselet or a combination of these.

Data collection techniques include interviews, observations (direct and participant),


questionnaires, and relevant documents (Yin, 2014).

7|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
Types of Data Collection

Before broaching the subject of the various types of data collection. It is pertinent to note that
data collection in itself falls under two broad categories; Primary data collection and
secondary data collection.

Primary Data Collection

Primary data collection by definition is the gathering of raw data collected at the source. It is
a process of collecting the original data collected by a researcher for a specific research
purpose. It could be further analyzed into two segments; qualitative research and quantitative
data collection methods.

 Qualitative Research Method

The qualitative research methods of data collection does not involve the collection of data
that involves numbers or a need to be deduced through a mathematical calculation, rather it is
based on the non-quantifiable elements like the feeling or emotion of the researcher. An
example of such a method is an open-ended questionnaire.

8|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
 Quantitative Method

Quantitative methods are presented in numbers and require a mathematical calculation to


deduce. An example would be the use of a questionnaire with close-ended questions to arrive
at figures to be calculated Mathematically. Also, methods of correlation and regression,
mean, mode and median.

9|Dr. [Link], Professor, Raghu Institute of


Technology, Visakhapatnam
Secondary Data Collection

Secondary data collection, on the other hand, is referred to as the gathering of second-hand
data collected by an individual who is not the original user. It is the process of collecting data
that is already existing, be it already published books, journals and/or online portals. In terms
of ease, it is much less expensive and easier to collect.

Your choice between Primary data collection and secondary data collection depend on the
nature, scope and area of your research as well as its aims and objectives.

IMPORTANCE OF DATA COLLECTION

There are a bunch of underlying reasons for collecting data, especially for a researcher.
Walking you through them, here are a few reasons;

 Integrity of The Research

A key reason for collecting data, be it through quantitative or qualitative methods is to ensure
that the integrity of the research question is indeed maintained.

 Reduce the likelihood of errors

The correct use of appropriate data collection of methods reduces the likelihood of errors
consistent with the results.

 Decision Making

To minimize the risk of errors in decision making, it is important that accurate data is
collected so that the researcher doesn't make uninformed decisions.

 Save Cost and Time

Data collection saves the researcher time and funds that would otherwise be misspent without
a deeper understanding of the topic or subject matter.

 To support a need for a new idea, change and/or innovation

To prove the need for a change in the norm or the introduction of new information that will
be widely accepted, it is important to collect data as evidence to support these claims.

10 | D r . S . A d i n a r a y a n a , P r o f e s s o r , R a g h u I n s t i t u t e o f
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What is a Data Collection Tool?

Data collection tools refer to the devices/instruments used to collect data, such as a paper
questionnaire or computer-assisted interviewing system. Case Studies, Checklists, Interviews,
Observation sometimes, and Surveys or Questionnaires are all tools used to collect data.

It is important to decide the tools for data collection because research is carried out in
different ways and for different purposes. The objective behind data collection is to capture
quality evidence that allows analysis to lead to the formulation of convincing and credible
answers to the questions that have been posed.

The objective behind data collection is to capture quality evidence that allows analysis to lead
to the formulation of convincing and credible answers to the questions that have been posed

The Formplus’ online data collection tool is perfect for gathering primary data, i.e. raw data
collected from the source. You can easily get data with at least three data collection methods
with our online and offline data gathering tool. I.e Online Questionnaires, Focus Groups and
Reporting.

Q) What are the tools for data collection? Explain.

A list of basic data collection tools includes the following.

Interviews: Interviews are probably the most common tool used in planning, monitoring and
evaluation. They can be carried out with one person at a time (individual interviews) or
groups of people. They can be administered formally or informally. They can be carried out
face-to-face or through remote media such as telephone and Skype. Interviews can also be
conducted through written questions via letters or email. Interviews may be structured, semi-
structured or open-ended. Structured interviews are based around a core set of questions that
are always asked in the same order. Semi-structured interviews also contain a core set of
questions, but allow the interviewer to ask supplementary questions, or change the order in
which questions are asked.

Focus group discussions: Focus group discussions (FGDs) are facilitated discussions, held
with a small group of people who have specialist knowledge or interest in a particular topic.
They are used to find out the perceptions and attitudes of a defined group of people. FGDs
are typically carried out with around 6-12 people, and are based around a short list of guiding

11 | D r . S . A d i n a r a y a n a , P r o f e s s o r , R a g h u I n s t i t u t e o f
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questions, designed to probe for in-depth information. FGDs are often used to solicit the
views of those who would not be willing or able to speak up at larger group meetings. They
may also be used to access the views of minority or disadvantaged groups, such as women,
children or people with disabilities.

Observation: At its most simple, observation involves ‘seeing’ things – such as objects,
processes, relationships, events – and formally recording the information. There are different
types of observation. Structured or direct observation is a process in which observations are
recorded against an agreed checklist. Expert observation is usually carried out by someone
with specific expertise in an area of work, and involves the expert observing and recording
information on a subject. Observation may also be carried out as a participatory exercise.
Where this is the case the intended beneficiaries of a project or programme are involved in
planning an observation exercise, observing, and discussing findings.

Photography and video: Photographs and videos show still or moving images. Photographs can
be used on their own, but are more often accompanied by written captions, providing
additional information. Videos are often accompanied by a commentary. The use of
photography and video has become increasingly common within M&E over recent years.
This is partly because of improvements in mobile phone technology, which has increasingly
enabled people to produce cheap, high quality audio-visual products. © INTRAC 2017

Case studies and stories of change: A case study is not a data collection tool in itself. It is a
descriptive piece of work that can provide in-depth information on a topic. It is often based
on information acquired through one or more of the other tools described in this paper, such
as interviews or observation. Case studies are usually written, but can also be presented as
photographs, films or videos. Case studies often focus on people (individuals, households,
communities). But they can also focus on any other unit of analysis such as locations,
organisations, policies or the environment. Stories of change are similar to case studies.
However, they have a specific focus on change, and are only usually developed after a project
or programme has started.

Surveys and questionnaires: These are designed to collect and record information from many
people, groups or organisations in a consistent way. A questionnaire is a form containing
questions. It may be a printed form or one designed to be filled in online. Questionnaires may
be administered in many different ways. A survey, by contrast, is normally a large, formal
exercise. It typically consists of three different aspects: an approved sampling method
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designed to ensure the survey is representative of a wider population; a standard
questionnaire that ensures information is collected and recorded consistently; and a set of
analysis methods that allow results and findings to be generated. An additional set of tools
comes under the heading of community participatory tools. This includes exercises such as
mapping, ranking, timelines, calendars and diagrams.

These can be used as tools for collecting data from community level, and are often included
as basic tools in M&E exercises. However, they are more properly used as participatory
methods of data collection and analysis that also allow communities to analyse their own
situation and make their own decisions. This set of tools is included in the M&E Universe
paper on Participatory Learning and Action (PLA). Other ways of collecting data In addition
to the tools described above, there are also three other basic methods of collecting data that
are widely used: direct measurement; the review of secondary data sources; and informal
monitoring.

Some changes can be measured directly through basic assessments or counting. For example, the
amount of money spent on a project or programme can be measured directly; outputs such as
trainings conducted or schools built can be counted; and some changes – such as people
attending a hospital – can be recorded accurately. At outcome and impact level it is often
harder to measure change directly. But in some sectors of work it is still relatively
straightforward. In the health sector, for example, changes in blood sugar levels or height :
weight ratios can be measured accurately.

And in the livelihoods sector crop yields can be accurately recorded to directly assess change.
Where feasible, direct measurement of change is usually the best method of data collection.
But the tool used to collect the information (e.g. scales to measure weight, water testing kits
to measure the quality of water, school registers to record attendance at school) is always
different.

In social development, when somebody collects data for their own purposes it is called primary
data. Sometimes, however, information can be used for planning, monitoring or evaluation
that has been collected by other people or organisations for their own purposes. This is
known as secondary data.

Secondary data might include government statistics, NGO reports, newspaper or website
articles, hospital records, research studies, evaluations conducted by other agencies, and

13 | D r . S . A d i n a r a y a n a , P r o f e s s o r , R a g h u I n s t i t u t e o f
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community records – to name just a few. Secondary data is often a valuable source of
information that can supplement other forms of data collection.

Finally, most staff involved in projects and programmes build up an enormous fund of knowledge
about those projects and programmes and the changes they influence. This knowledge comes
through talking to different people, informally observing things when visiting the field,
reading emails and reports, and generally being engaged in normal project/programme
management activities. This kind of informal monitoring is frequently underused within
M&E, but in some circumstances may be the most valuable kind of information. At the very
least it often provides an important supplement to the information collected through more
formal tools and methodologies

Q) Explain about Research ethics

Research ethics are moral principles that guide researchers to conduct and report research

without deception or intention to harm the participants of the study or members of the society

as a whole, whether knowingly or unknowingly. Practising ethical guidelines while

conducting and reporting research is essential to establish the validity of your research.

You must follow ethical guidelines issued by regulatory committees in order to ensure the

safety of the participants of a study, the public at large, and that of the researcher

himself/herself. Following ethical guidelines will ensure that your research is authentic and

error-free, and will allow you to gain credibility and support from the public. You must

adhere to ethical guidelines also while presenting your findings in your manuscript. This will

ensure that your article is plagiarism-free and also no unverified data reaches the readers of
your article. Apart from that, research ethics fill in a sense of responsibility among

researchers and make it easy to fix responsibility in case of misconduct.

When most people think of ethics (or morals), they think of rules for distinguishing between

right and wrong, such as the Golden Rule ("Do unto others as you would have them do unto

you"), a code of professional conduct like the Hippocratic Oath ("First of all, do no harm"), a

religious creed like the Ten Commandments ("Thou Shalt not kill..."), or a wise aphorisms

14 | D r . S . A d i n a r a y a n a , P r o f e s s o r , R a g h u I n s t i t u t e o f
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like the sayings of Confucius. This is the most common way of defining "ethics": norms for

conduct that distinguish between acceptable and unacceptable behavior.

Most people learn ethical norms at home, at school, in church, or in other social settings.

Although most people acquire their sense of right and wrong during childhood, moral

development occurs throughout life and human beings pass through different stages of

growth as they mature. Ethical norms are so ubiquitous that one might be tempted to regard

them as simple commonsense. On the other hand, if morality were nothing more than

commonsense, then why are there so many ethical disputes and issues in our society?
Alternatives to Animal Testing

Alternative test methods are methods that replace, reduce, or refine animal use in research
and testing

Environmental science Basics

One plausible explanation of these disagreements is that all people recognize some common
ethical norms but interpret, apply, and balance them in different ways in light of their own
values and life experiences. For example, two people could agree that murder is wrong but
disagree about the morality of abortion because they have different understandings of what it
means to be a human being.

Most societies also have legal rules that govern behavior, but ethical norms tend to be broader
and more informal than laws. Although most societies use laws to enforce widely accepted
moral standards and ethical and legal rules use similar concepts, ethics and law are not the
same. An action may be legal but unethical or illegal but ethical. We can also use ethical
concepts and principles to criticize, evaluate, propose, or interpret laws. Indeed, in the last
century, many social reformers have urged citizens to disobey laws they regarded as immoral
or unjust laws. Peaceful civil disobedience is an ethical way of protesting laws or expressing
political viewpoints.

Another way of defining 'ethics' focuses on the disciplines that study standards of conduct,
such as philosophy, theology, law, psychology, or sociology. For example, a "medical
ethicist" is someone who studies ethical standards in medicine. One may also define ethics as

15 | D r . S . A d i n a r a y a n a , P r o f e s s o r , R a g h u I n s t i t u t e o f
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a method, procedure, or perspective for deciding how to act and for analyzing complex
problems and issues. For instance, in considering a complex issue like global warming, one
may take an economic, ecological, political, or ethical perspective on the problem. While an
economist might examine the cost and benefits of various policies related to global warming,
an environmental ethicist could examine the ethical values and principles at stake.

Q) What are the best Data Collection Tools for Interviews?

For collecting data through interviews, here are a few tools you can use to easily collect data.

 Audio Recorder

An audio recorder is used for recording sound on disc, tape, or film. Audio information can
meet the needs of a wide range of people, as well as provide alternatives to print data
collection tools.

 Digital Camera

An advantage of a digital camera is that it can be used for transmitting those images to a
monitor screen when the need arises.

 Camcorder

A camcorder is used for collecting data through interviews. It provides a combination of both
an audio recorder and a video camera. The data provided is qualitative in nature and allows
the respondents to answer questions asked exhaustively. If you need to collect sensitive
information during an interview, a camcorder might not work for you as you would need to
maintain your subject’s privacy.

Want to conduct an interview for qualitative data research or special report? Use this online
interview consent form template to allow the interviewee to give their consent before you use
the interview data for research or report. With premium features like e-signature, upload
fields, form security, etc., Formplus Builder is the perfect tool to create your preferred online
consent forms without coding experience.

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Q) Explain the role of QUESTIONNAIRES for data collection

This is the process of collecting data through an instrument consisting of a series of questions
and prompts to receive a response from individuals it is administered to. Questionnaires are
designed to collect data from a group.

For clarity, it is important to note that a questionnaire isn't a survey, rather it forms a part of
it. A survey is a process of data gathering involving a variety of data collection methods,
including a questionnaire.

On a questionnaire, there are three kinds of questions used. They are; fixed-alternative, scale,
and open-ended. With each of the questions tailored to the nature and scope of the research.

Pros

 Can be administered in large numbers and is cost-effective.


 It can be used to compare and contrast previous research to measure change.
 Easy to visualize and analyze.
 Questionnaires offer actionable data.
 Respondent identity is protected.
 Questionnaires can cover all areas of a topic.
 Relatively inexpensive.

Cons

 Answers may be dishonest or the respondents lose interest midway.


 Questionnaires can't produce qualitative data.
 Questions might be left unanswered.
 Respondents may have a hidden agenda.
 Not all questions can be analyzed easily.

UNIT-II

Q) Effective literature studies approaches

What is a Literature Review?

Novice researchers tend to approach the literature review as nothing more than a collection of
summaries of papers or an elaborated annotated bibliography of multiple research
manuscripts (Webster & Watson, 2002). A meaningful literature review is much more. Hart
(1998) defined the literature review as “the use of ideas in the literature to justify the
particular approach to the topic, the selection of methods, and demonstration that this

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research contributes something new” (p. 1). He also noted that for the literature review,
“quality means appropriate breadth and depth, rigor and consistency, clarity and brevity, and
effective analysis and synthesis” (Hart, 1998, p. 1). J. Shaw (1995) noted that the process of
the review should “explain how one piece of research builds on another” (p. 326). Webster
and Watson (2002) defined an effective literature review as one that “creates a firm
foundation for advancing knowledge. It facilitates theory development, closes areas where a
plethora of research exists, and uncovers areas where research is needed” (p. 13).

From these definitions it is clear that an effective literature review should include the
following characteristics: a) methodologically analyze and synthesize quality literature, b)
provide a firm foundation to a research topic, c) provide a firm foundation to the selection of
research methodology, and d) demonstrate that the proposed research contributes something
new to the overall body of knowledge or advances the research field’s knowledge-base.

Stages of the literature review process :This paper presents the literature review process in
a systematic way following the “input-processing-output” approach. “Process” is defined in
the context of this work as sequential steps of activities (Sethi & King, 1998). Thus,
following the description of what constitutes an effective literature review combined with the
definition of process proposed here, this study defines literature review process as: sequential
steps to collect, know, comprehend, apply, analyze, synthesize, and evaluate quality literature
in order to provide a firm foundation to a topic and research method.

Moreover, the output of the literature review process should demonstrate that the proposed
research contributes something new to the overall body of knowledge. The term body of
knowledge (BoK) refers to the cumulative research-supported knowledge achieved by
“building on each other’s [research] results” (Iivari, Hirschheim, & Klein, 2004, p. 314).
Following this approach, the current paper suggests a three-step literature review process to
guide novice researchers on the development of a sound and effective literature review.

The three steps of the proposed literature review process are: 1) Inputs, 2) Processing,
and 3) Outputs. Figure 1 provides an overall view of the process proposed. The following
three sections of this paper (2. Literature Review: Inputs; 3. Literature Review: Processing; 4.
Literature Review: Outputs) are organized to follow the three main steps in the proposed
effective literature review process.

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Why Conduct a Literature Review?

An effective literature review accomplishes this step by:

1. Helping the researcher understand the existing body of knowledge including where excess
research exists (i.e. what is already know?) and where new research is needed (i.e. what is needed
to be known?)

2. Providing a solid theoretical foundation for the proposed study (related to “what is already
known?”)

3. Substantiating the presence of the research problem (related to “what is needed to be known?”)
4. Justifying the proposed study as one that contributes something new to the BoK

5. Framing the valid research methodologies, approach, goals, and research questions for the
proposed study

Q) What to include in a research proposal

A research proposal provides a detailed plan of a research project before you undertake the
research. A proposal is usually submitted before you undertake research for a final
dissertation during postgraduate study, and before or during doctoral studies. A proposal may
also be submitted as part of an application for a funding grant.

What to include in a research proposal

A research proposal will usually (but not always) include the following key elements:

 An outline of the background and context of the research topic / issue


 Reasons why the specific topic / issue is important (rationale)
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 A review of key literature related to the topic / issue
 An outline of the intended research methodology (including consideration of ethical
issues)
 A discussion of ethical issues
 How the findings will be disseminated
 A timescale for the research
Getting started
Start by choosing a topic or issue related to your course. A broader topic / issue will need to
be narrowed down to a more specific focus that can be explored or investigated.
Recommendations for further research at the end of published papers can be a useful source
of ideas.

To help narrow down a topic / issue and plan your research project:

 Start by re-reading some of the research papers which you read as part of your course.
Conduct a preliminary review of the literature related to the topic / issue. This can include
literature related to theoretical concepts as well as practical research.

 Aim to identify what is currently known and whether there are any 'gaps' in existing
knowledge. This will enable you to determine how your own research will contribute to
and build on what is already known.

 Identify how research on the topic / issue has previously been conducted in terms of, for
example: approach, methods, analysis of data.

 It will also be useful to refer to literature on research methods - check the recommended
reading list for your dissertation module / Centre for Doctoral Education guidance.

 For Masters level research, the contribution to existing knowledge does not necessarily
need to be something completely new that has never been explored before. Your research
could make a contribution to existing knowledge by, for example: Adopting a less
commonly used research approach / research method or focusing on a particular context
(such as a school or country) where a limited amount of research has been conducted
For doctoral level research, there will usually be a need to demonstrate more originality.
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Q) Outline of the sections typically included in a research proposal.
Specific guidance on how to structure the research proposal for a dissertation or doctoral
research will usually be given by individual departments. If you are applying for doctoral
research funding, specific guidelines will be stipulated by the funding body.

It is important to follow specific guidance given by your department or funding body when
writing your own research proposal for a dissertation or PhD application, but the following
can be used as general guidance..

Title / working title of the research

An initial idea of the title should be given - this is likely to be revised as the research
progresses and can therefore be a tentative suggestion at the proposal stage.

Introduction

The context and background of the research topic / issue, as well as the rationale for
undertaking the research, should be outlined in the introduction section. Reference to key
literature should be included to strengthen the rationale for conducting the research. This will
enable the reader to understand what the research will be about and why it is important.

At the end of the introduction, include an outline (or synopsis) of how the proposal is
organized.

Literature review

This should expand on the key literature referred to in the introduction. The review of the
literature will need to go further than listing individual studies or theories. You will need to
demonstrate an awareness of the current state of knowledge and an understanding of key lines
of argument and debates on the topic / issue.

The literature will need to be critically analysed and evaluated rather than just described. This
means demonstrating how studies, arguments and debates are linked and how the existing
body of research links to your own research area / issue.

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Research aims and questions

The research aims and research questions should be used to guide your research.
The aims of the research relate to the purpose of conducting the research and what you
specifically want to achieve. The research questions should be formulated to show how you
will achieve the aims of the research and what you want to find out.

The research aims and questions can either be stated at the end of the introduction (before the
outline of the proposal) or after the literature review - guidance from your department /
funding body may specify this.

Methodology: The methodology section of the proposal should outline how the research will
be conducted. This should generally include a description and justification of: sample /
participants, methods, data collection and analysis, and ethical considerations.

To justify the chosen methodology, you can refer to recommended reading for research
methods as well as previous studies conducted on your chosen topic.

Ethics : Including a detailed discussion of the ethics of your research project can really
strengthen the proposal. It forces you to think in very practical and detailed terms about what
you are planning to do.

Timescale: You may be required to include a schedule or plan of how you intend to conduct
the research within a specified timeframe. This can be presented in a variety of ways but
should generally include specific milestones (e.g. collection of data, analysis of findings) and
intended completion dates.

Reference list: The reference list should include all sources cited in the research proposal.
Departmental guidelines for referencing should be followed for in-text citations and the
reference list.

UNIT III

Q) Explain Nature of Intellectual Property and Patents, Designs


Intellectual property (IP) refers to creations of the mind, such as inventions; literary and
artistic works; designs; and symbols, names and images used in commerce. IP is protected in
law by, for example, patents, copyright and trademarks, which enable people to earn
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recognition or financial benefit from what they invent or create. By striking the right balance
between the interests of innovators and the wider public interest, the IP system aims to foster
an environment in which creativity and innovation can flourish.

Intellectual property (IP) refers to creations of the mind – everything from works of art to
inventions, computer programs to trademarks and other commercial signs. This booklet
introduces the main types of IP and explains how the law protects them. It also introduces the
work of WIPO, the global forum for IP services, policy, information and cooperation.

Design patents protect the ornamental appearance of a unique looking design as applied to a

product, which can be two-dimensional or three-dimensional. Design patents require

registration with the USPTO whereas trademarks do not. ... Every trademark must always be

associated with at least one particular product or service. Four types of intellectual property

are: Copyrights, Patents, Trademarks, and Trade Secrets – Four Types of Intellectual

Properties.

Patent design and trademark: UK: The Difference Between Trade Marks, Patents,

Copyright And Designs. ... trade marks are elements of branding; patents protect inventions;

copyright protects original expression; and. design law protects the appearance of products.

To qualify for a design patent, the subject must be new in the sense that no single,

identical design exists in the prior art, it must satisfy the ornamental standards, and it

must be original to the inventor or inventors seeking protection.

Examples of intellectual property:

Utility patents: For tangible inventions, such as machines, devices, and composite materials,

as well as new and useful processes. Design patents: For the ornamental designs on

manufactured products. Plant patents: For new varieties of plants.

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Q) Effective ways to protect IPR.

Effective Ways To Protect Intellectual Property

The question is how shall we protect our Intellectual Property against possible violations?
Following are the best ways to protect your intellectual property rights:
1. Apply For Trademarks, Patents, and Copyrights

Companies can protect their core management and R&D operations through intellectual
property rights and registrations, and also have a better bargaining position for cross-
licensing and counterclaims. Intellectual property rights and registrations also allow a
corporation to obstruct competing goods, deter new entrants, and pave the way for future
market share via technological advancements.
Intellectual property rights come in a variety of forms, each one of which is a protective right
to sue if a third party infringes. A few of them are:
Copyrights
They are a type of intellectual property that protects original artistic expressions or works of
authorship. Copyrights may be licensed for text, artwork, drawings, or combinations of these
objects produced by a corporation.
Trademarks
They are brand names, symbols, or logos that are used to distinguish a company's products or
services. A trademark is a name, words, signature, text, emblem, painting, figure, inscription,
photograph, or advertising that is used to identify a group of objects, goods, and services as
belonging to one owner or originating from one source.
There are many advantages of trademark registration in the UAE, including the protection of
the brand and the assurance that other firms cannot clone or imitate your trademark. The
Ministry of Economy in the United Arab Emirates is the government authority in charge of
trademark registration, renewal, and cancellation.
Patents
Patents are generally used to register inventions, things that are unique and not known to the
general public—as well as the methods by which they work. Technical information about the
invention must be submitted to the public through a patent application in order to obtain a
patent.
2. Never Stop Innovating

Plagiarism will also be a problem in most industries. To some point, this explains why
creativity makes such rapid evolutionary leaps. Your rivals would never be able to catch up to

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you if you have endless innovation loops. That would necessitate your business running lean
and fast like an Olympic athlete.
3. Arrange Some Evidence While Innovating

There are also several instances where rivals learn about an invention from leaks and request
for a patent citing it as their own. You'll have to prove that you're the rightful owner as a
consequence of it now. This can be accomplished by maintaining a log of evidence that
documents the evolution of intellectual property rights (for example, dated and signed copies
of drawings and drafts).
Intellectual Property is one of the most important intangible assets any company can have and
there must be a proper strategy to protect it.
4. Separate Teams

If at all feasible, the technical teams should be geographically divided, and it should be
emphasized that neither of them has access to the whole product. In order to breach the
product's protection and sanctity, all of these teams will have to work together to rob the
whole product. Separation of duties is a fundamental principle of information security that
can aid in the protection of intellectual property.
5. Get the Intellectual Property Infringers Punished

Maintain patent and trademark security and enforce your rights by reporting violations and
charging violators where the business situation requires it.
6. Avoid Joint Ownership For Intellectual Property Rights

Make an effort to escape joint intellectual property rights. It is always beneficial for you to
have control of your rights. In the long run, joint ownership of such rights can cause
confusion and legal issues threatening the security of these assets, causing harm to all parties
involved.
7. Create Awareness Among Your Employees Regarding Intellectual Property Security

Awareness training will help fix and avoid possible Intellectual Property breaches, but only if
it's tailored to the assets that a certain group of workers must protect. Engineers and scientists
pay close attention when you speak in concrete words about what they've spent a lot of time
working on. Humans, as is so often the case, are the weakest link of the defense chain. That is
why an IP security strategy that relies solely on firewalls and copyrights while ignoring
employee knowledge and preparation is doomed to fail.

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Most of the time, intellectual property (IP) gets leaked from a company through mistake or by
incompetence. Ascertain that the workers are mindful of the ways in which they can
unintentionally reveal IP.
8. Get Exactly-Matching Domain Names

If possible, an exact-match domain name is one of the best intellectual property protection
strategies for trademarks and copyrights (that you already own). Though it can be a bit
expensive, the long-term gains are unrivaled.
9. Think Like Someone Who Would Violate Your IP Rights

What would you do if you needed to spy on your own business? This will definitely make
you consider safeguarding contact lists, shredding papers in recycle bins, convening an
internal council to approve the R&D scientists' publications, and other strategies that might
be useful for your business.
10. Make Sure the IP is Owned in a Way that Allows Further Development

The intellectual property rights should be registered in a way that allows you to develop or
modify them whenever required. If you find something new, when employed as an employee
(for example, for a corporation or an academic institution), the contract would almost
definitely have a clause regarding it. In most cases, the employer may get the first call on the
invention, but there may be provisions in place to allow the employee to reclaim rights if the
invention is not exploited within a given amount of time-in some nations, this is enshrined in
statute.
11. Draft Strong Non-Disclosure Agreements

It is also a wise decision to get some help from a legal agent during the drafting of non-
disclosure legal provisions which needs to be clear and concise. Always make sure that all
other contracts you use in your company help protect your intellectual property. Jobs
contracts, licenses, and distribution contracts are few examples.
12. Consult Intellectual Property Experts

Contact a patent or trademark agent for help with searches and licensing to ensure that any
intellectual property you create is adequately secured. Any money spent on intellectual
property is money that can't be spent on manufacturing, marketing, or other stuff, so consider
why you're defending it. There are several legitimate reasons: to prevent anyone from
copying you; to bring value to your business if you intend to sell it; to sell or license to a third
party; to keep it in your armory if you suspect you will be sued and want to countersue.
13. Publish It Wherever Possible And With Attribution
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Being the "first to apply" for a patent in the UAE is always the best and the safest way to
defend your non-trade secret IP. Other than this, another common way to ensure that your
Intellectual Property is recognised as yours is to publish and cite it extensively, always
making sure that your company's name is credited to wherever it is listed. The more people
who see your intellectual property online, the more support your Patent can get.
14. Keep Your Idea A Secret Until You Have Filed A Patent Application

Make sure that you never share your idea with anyone before you have protected the same.
This is because the other person might file for a patent before you and gain ownership rights
over it. There is an old maxim that says “a secret shared is not a secret anymore”. While a
secret shared under a non-disclosure agreement (NDA) (documents most people have heard
about but probably never read), ought to stay secret, discussing an invention under the
umbrella of confidentiality is no substitute for being able to freely discuss or publish an idea
that is protected by a patent application.
15. Create A Comprehensive Strategy

Create a strategy that covers all of the intellectual property, including all inventions and
technologies, concepts, trade secrets, original content, and domain names.

Q) . Procedure for grants of patents

Patent applications must satisfy the following three criteria:


 Novelty. This means that your invention must not have been made public – not even
by yourself – before the date of the application.
 Inventive step. This means that your product or process must be an inventive solution.
 Industrial applicability.
Procedure for applying and granting of patents

 Filing. An applicant chooses a filing route, i.e., national, regional or international, and
files an application.
 Formal examination.
 Prior art search.
 Publication.
 Substantive examination.
 Grant/refusal.
 Opposition.
 Appeal.

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Patents are granted by patent offices in exchange for a full disclosure of the invention. In
general, the details of the invention are then published and made available to the public at
large. It should be noted that publication can take place at various stages of the procedure.
The three types of patents are utility patents, design patents, and plant patents. A utility
patents protect the function of a composition, machine, or process.
Who can file application for patent
A patent application can be filed either by true and first inventor or his assignee, either alone

or jointly with any other person. However, legal representative of any deceased

person can also make an application for patent.

What kind of protection does a patent offer?

Patent protection means that the invention cannot be commercially made, used, distributed, or

sold without the patent owner's consent. These patent rights are usually enforced in a court,

which, in most systems, holds the authority to stop patent infringement.

How long does it take to grant a patent?

After Patent Application Filing,the average time it takes to obtain a patent from
the patent office at this time is about 32 months or a little under 3 years.
These five steps will help you plan out the patent process as you seek to protect your
invention.
1. Understand Your Invention. The first step in how to get a patent is to understand your
invention.
2. Research Your Invention.
3. Choose the Type of Protection.
4. Draft Your Patent Application.
5. Wait for a Formal Response.

Q) Understanding Copyright and Related Rights

For the purposes of copyright protection, the term “literary and artistic works” includes every
original work of authorship, irrespective of its literary or artistic merit. The ideas in the work
do not need to be original, but the form of expression must be an original creation by the
author. Article 2 of the Berne Convention states that: “The expression ‘literary and artistic
works’ shall include every production in the literary, scientific and artistic domain, whatever

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may be the mode or form of its expression.” The Convention lists the following examples of
such works:

Q) Write about the various steps in acquisition of trademarks rights.


A trademark is any word, symbol, design, device, logo, or slogan that identifies and
distinguishes one product or service from another. To obtain trademark protection it is
necessary for a person or a business to sell a product using the mark. Consequently,
trademark rights are only acquired when the trademark is used in commerce. Additionally, it
is recommended to register the trademark in order to obtain special rights in the event of
infringement. Trademarks are protected by federal and state law. Trademark owners can
register the trademark with the PTO (federal) or with the respective secretary of state.
Trademark rights are acquired by being the first to use the mark in commerce. The first user
of the mark on goods in commerce creates an association with consumers, and trademark
laws are intended to protect the consumer by avoiding confusion and enabling companies to
compete fairly.

Under the Trademark Law Revision Act of 1998 a trademark owner can apply for registration
prior to using the mark, based upon the owner's bona fide intent to use (ITU) the mark. If the
application is approved and published without opposition, the trademark owner is required to
submit evidence that the mark is in use within a period of three years. Upon submitting this
evidence the PTO will issue the trademark registration. Currently, trademark registration is
protected for an initial 10-year period. The registrant may renew the registration for
subsequent 10-year periods as long as the mark continues to be used in commerce.

The extend of trademark rights is affected by several factors. These include:


-Distinctiveness of the mark.
 -The date of first use in commerce.
 -The geographic area where the mark is used.
 -The registration of the mark
 -The goods or services associated with the mark
Trademark Registration Process:

Investing your time and money to build a particular brand and seeing the same brand name
being used by another, robbing you of your hard-earned brand reputation is not an agreeable
state of affairs. Many a time, trademark (TM) owners end up in protracted litigation because

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when the time was right, they did not do trademark registration in India of their brand name.
Trademark registration process of the brand name is not a difficult task. A few simple steps,
as explained below and you would have the much-needed legal protection of your brand
name registration in India.

Step 1: Trademark Search

Many entrepreneurs do not comprehend the importance of a TM search. Having a unique


brand name in mind is not good enough reason to avoid a TM search. TM search helps you to
know if there are similar trademarks available and it gives you a fair picture of where your
trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark
litigation. Why waste your money in time-consuming trademark litigation later when you can
choose to avoid it in the first place?

Step 2: Filing Trademark Application

After you are sure that your chosen brand name or logo is not listed in the Trademark
Registry India, you can opt for registering the same. The first step is to file a trademark
application at the Trademark Registry India. Nowadays, filing is mostly done online. Once
the application is filed, an official receipt is immediately issued for future reference.

Step 3: Examination

After a trademark application is filed, it is examined by the examiner for any discrepancies.
The examination might take around 12-18 months. The examiner might accept the trademark
absolutely, conditionally or object.

If accepted unconditionally, the trademark gets published in the Trademark Journal. If not
accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned
in the examination report and a month's time would be given to fulfill the conditions or
response to the objections.

Once such response is accepted, the trademark is published in the Trademark Journal. If the
response is not accepted, one can request a hearing. If in the hearing, the examiner feels that
the trademark should be allowed registration, it proceeds for publication in the Trademark
Journal.

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Step 4: Publication

The step of publication is incorporated in the trademark registration process so that anyone
who objects to the registering of the trademark has the opportunity to oppose the same. If,
after 3-4 months from publication there is no opposition, the trademark proceeds for
registration. In case there is opposition; there is a fair hearing and decision are given by the
Registrar.

Step 5: Registration Certificate

Once the application proceeds for trademark registration, following publication in Trademark
Journal, a registration certificate under the seal of the Trademark Office is issued.

Step 6: Renewal

The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand
name registration can be protected perpetually.

As seen from the above, trademark registration in India process does not require much effort.
It is a simple process but one which is nonetheless very important for brand name
registration. We, at Intepat, can help you with the entire process of registration without you
worrying about deadlines and responses. Hence, understand the power of your brand name
registration and take steps in protecting it today.

UNIT IV

Q) Discuss about Patent Rights and its scope

A patent gives its holder the exclusive right to use the Intellectual Property for the purposes
of making money from the invention. An invention is itself a new creation, process, machine
or manufacture. The claims define the “scope” of the invention—essentially the boundary of
the patent owner's right to exclude anything or anyone falling within the scope of the claims.
Take your patented sports car from earlier, for example.

As soon as your patent is granted, you have the right to exclusively utilize your invention,
issue licenses, and prohibit others from using your invention.

What happens if you infringe a patent?

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Wrongful use of words "patent office": If any person uses on his place of business or on any
of the document issued by him the word patent office or in any other way which would lead
to belief that his place of business or document issued by him are related to or connected
with the patent office, then such offence .

What is NOT Patentable In India

An invention, that is frivolous or that claims anything obviously contrary to well established
natural laws; An invention, the primary or intended use of which would be contrary to law or
morality or injurious to public health; Inventions relating to atomic energy.

What if my idea is already patented?

People can easily discover whether an idea is patented already. ... The United States Patent
and Trademark Office (USPTO) checks your concept compared to present patents and
pending patents. Your patent will probably be rejected if it is too similar to a present patent,
and you will lose the application fee.

How do you know if your invention is patentable?

A patentable invention must also be:


 Novel.
 Non-obvious.
 Adequately described or enabled (for one of ordinary skill in the art to make and
use the invention)
 Claimed by the inventor in clear and definite terms.

What is the scope of an invention?

The extent of protection desired for (and ultimately given to) an invention. The scope of an
invention is determined by the patent's claims, and is described and supported by information
disclosed in the specification.

Q) Explain Licensing and transfer of technology

Technology transfer is the movement of knowledge and discoveries to the general public. For
the TLO, however, technology transfer refers to the formal licensing of technology to third
parties, managed and administered by the TLO. The process of technology transfer is
summarized in the steps and diagram that follow.

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Licenses may be for all the IP rights of any kind that are necessary to reproduce, make, use,
market, and sell products based on a type of technology (e.g. a license to develop a Page 8 6
IP Assets Management Series new software product that is protected by patent, copyright,
trademark and trade secret law).

What is the meaning of transfer of technology?

Technology transfer (TT) refers to the process of conveying results stemming from scientific
and technological research to the market place and to wider society, along with associated
skills and procedures, and is as such an intrinsic part of the technological innovation process.

Forms of Technology Transfer


 Scientific Dissemination – Sharing information with interested parties in government,
industry, or academia.
 Direct Application – Putting knowledge to work directly in the programs of the DOT
or other agencies.
The 3 P's of licensing? -protection, promotion, and profit

Two types of technology transfer are: Technology transfer can be broadly classified into
vertical and horizontal technology transfer.

Model of technology transfer?

Two types of technology transfer models are qualitative and quantitative.


Qualitative technology transfer models The Bar-Zakay model: Bar-Zakay (1971) developed
a technology transfer model based on a project management approach.

Disadvantage of licensing: The disadvantages of licensing can be viewed from two


perspectives: licensor and licensee. Disadvantages to the licensor include: ... The licensor
having to depend on the skills, abilities, and resources of the licensee to generate
revenues. The licensor being exposed to intellectual property theft by the licensee.

Q) What Is Geographical Indication intellectual property? Explain

Geographical indications are, for purposes of the TRIPS Agreement, a type of intellectual
property ("IP"). Finally, for purpose of the TRIPS Agreement, GIs are intellectual property,
eligible for relief from acts of infringement and/or unfair competition.

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It is important that the product derives its qualities and reputation from that place. Some
examples of GIs are Champagne, Scotch Whiskey, Parmesan Cheese and Swiss Watches.
A geographical indication (GI) is a sign used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin. In order to function as a
GI, a sign must identify a product as originating in a given place.

Geographical indications registered as collective and certification marks are generally


protected for renewable ten-year periods. ... Geographical indications (GIs) identify a good as
originating from a particular place. By contrast, a trademark identifies a good or service as
originating from a particular company.
Any association of persons, producers,organisation or authority established by or under the
law can be a registered proprietor. Their name should be entered in the Register of
Geographical Indication as registered proprietor for the Geographical Indication applied for.

Any individual producer, the association of persons, organisation, or authority established by


or under the law can apply to get GI tag. However, the application should be written in the
proper format along with prescribed fee.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country
or region in which a patent has been filed and granted, in accordance with the law of that
country or region.

Q) Steps to the Registration Process for Geographical Indication intellectual property

 Step1:Filing of application
 STEP 2 and 3: Preliminary scrutiny and examination
 STEP 4: Show cause notice

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 STEP 5: Publication in the geographical indications Journal
 STEP 6: Opposition to Registration
 STEP 7: Registration
 STEP 8: Renewal
 STEP 9: Additional protection to notified goods
 STEP 10: Appeal
The Registration Process - FLOW CHART

In December 1999, Parliament passed the Geographical Indications of Goods (Registration


and Protection) Act 1999. This Act seeks to provide for the registration and protection of
Geographical Indications relating to goods in India. This Act is administered by the
Controller General of Patents, Designs and Trade Marks, who is the Registrar of
Geographical Indications. The Geographical Indications Registry is located at Chennai.
The Registrar of Geographical Indication is divided into two parts. Part ’A’ consists of
particulars relating to registered Geographical indications and Part ‘B’ consists of particulars
of the registered authorized users. The registration process is similar to both for registration
of geographical indication and an authorized user which is illustrated above.

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UNIT V
Q) New Developments in IPR:
Other developments in the IP regime include the Defence Research and Development
Organisation (DRDO) allowing free access of its 450 patent to industries. ... DRDO grants
free patent access to boost indigenous production. Government brings key changes in Manual
of Patent Office Practice and Procedure (2019).

In the recent times, India has been trying to establish itself as an Intellectual Property Rights
(IPR) friendly nation in the world, by defining its standards as per the Global Intellectual
Property norms. This has been clearly reflected in some of the latest developments in the laws
related to Intellectual Property Rights in India.

One such effort can be seen in the Indian government’s vision to set-up fully computerized
Intellectual Property offices based on the United States Patent and Trademark Office model.
The Government has recently approved the Patent Prosecution Highway Program which will
ease and expedite the process of patent examination in India.

Changes in the Manual of Patent Office Practice and Procedures have clarified and eased
several filing processes. Other developments in the IP regime include the Defence Research
and Development Organisation (DRDO) allowing free access of its 450 patent to industries.
This newsletter aims to bring to you the latest updates in the IP segment.

This issue of news letter covers:

o Govt. Approves Patent Prosecution Highway Program – Measure to Expedite Patent


Examination in India

o DRDO grants free patent access to boost indigenous production

o Government brings key changes in Manual of Patent Office Practice and Procedure
(2019)

o Filmmaker’s win over YouTube and Google in Copyright violation case

o Steer Engineering Pvt. Ltd. v. Glaxosmithkline Consumer & Ors.: Copyright


infringement on filing Patent Application
o Make My Trip (India) Private Limited v. Make My Travel (India) Private Limited:
Mere silence no acquiesce

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Q) Discuss IPR of Biological Systems

Intellectual property rights (IPR) are provided to an author by the government to protect his
intellectual credits towards society. It grants the inventor an exclusive right for a certain
period of time for proper use of his creation. Intellectual property includes patents,
trademarks, copyrights.

A biological patent is a patent on an invention in the field of biology that by law allows
the patent holder to exclude others from making, using, selling, or importing the protected
invention for a limited period of time.

Role of IPR in biotechnology

You name the discipline and biotechnology is connected with it. ... An area where the limit
for innovation has no bounds, a form of protection is required to keep the knowledge safe and
preserved. Intellectual property rights provides that shield and the barrier to protect it.

Why do we need IPR in biotechnology and pharma sector?

For pharmaceutical companies, IPR is a prerequisite for identifying, planning,


commercializing, and protecting the inventions. They also encourage healthy competition,
which promotes industrial development and economic growth.

How biological materials are protected?

A biological patent is a patent on an invention in the field of biology that by law allows the
patent holder to exclude others from making, using, selling, or importing
the protected invention for a limited period of time.

Can you get a patent on a gene?

Myriad Genetics, Inc., the Supreme Court of the United States ruled that human genes cannot
be patented in the U.S. because DNA is a "product of nature." The Court decided that
because nothing new is created when discovering a gene, there is no intellectual property to
protect, so patents cannot be granted.

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Q) Explain IPR for Computer Software

There are essentially four types of intellectual property rights relevant to software: patents,
copyrights, trade secrets and trademarks. Each affords a different type of legal protection.
Patents, copyrights and trade secrets can be used to protect the technology itself.

What intellectual property protections apply to software?

The software itself — the actual code — is copyrighted intellectual property, and it might
also be considered a trade secret. Intellectual property for software is computer code or
software protected by law under a copyright, trademark, trade secret, or software patent.

Can software be protected under IP rights?

It can protect both the ideas and the functional aspect of the software. But, under section 3 of
the Patent Act, computer programmes “per se” are explicitly excluded from patentability.
This, however, is not a blanket exclusion of computer programmes from the ambit of Patent.

Copyright a software idea?

[Link] up about it. Share this idea only with people you trust, who need to know. Only
partners and potential team members at first, and only if you trust them. No bragging, no
opening up to strangers. Be careful with experts too. Your software business will depend
on trade secrets, not legal registrations.

[Link] need an attorney. Much of what you do or don’t do revolves around legal work, so
you need an attorney. You can reduce the expense by reading up on issues before you
meet, so you spend less time. I’m not an attorney and this answer is just my business
experience, not legal advice.

[Link] sure you own the code. If anybody besides you works on code, then ask your
attorney how to make sure you own it. It has to do with work product. Follow your
attorney’s advice on this. Don’t leave anything to chance or verbal promises. Read up on
what happened between Zuckerberg and the Winklevoss twins.

[Link] all the code. Software is hard to patent but easy to copyright. Copyright is for
creative works. Copyright is relatively cheap. Know, however, that copyright doesn’t

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protect you against copying by reverse engineering, but at least protects you against
people stealing your actual code because only the code is protected, the actual words; not
the idea.

[Link] non-disclosure agreements wisely. It’s okay to ask for signed non-disclosure
agreements from potential co-founders and team members, or friends-and-family
investors. Don’t depend on these documents, don’t make them a huge issue, but use them
as much as you can; and don’t expect serious arms-length investors to sign them. They
won’t and shouldn’t.

[Link] are for inventions, algorithms, and formulas, not ideas. You can’t patent an
idea. If your software idea depends on an algorithm that you developed, and hasn’t been
used before, then maybe you have a chance to patent that. However, very few software
products include algorithms that can be patented. Your best bet for this one is a patent
attorney with software experience. Don’t do a ton of work on it, or spend a lot of money,
without first checking with patent experts.

[Link] are for commerce. Trademark your logo, your tag lines, your images, your
main selling points as quotes. Trademark is relatively cheap too.

[Link] your domain name and entity. Neither protects you a lot, but both are a good
idea. Registering the entity protects your business name to some extent, as long as you
were the first in the world. It can cost as little as $50. Registering the domain name, if you
have a good one, protects you for that domain but not against copycats with similar
names.

[Link] your idea down and mail yourself 10 copies via registered mail. This can
protect you later, with sloppy problems that come up, showing legal proof of what your
idea was on what date. It’s very weak protection, but cheap, and easy to do.

10. Investors come much later. Don’t talk to investors until you’re far along, with a
working version you can demonstrate, milestones met, and traction. And beware of fake
investors who are actually consultants looking for new clients. Always check the web
footprints of investors before you share anything with them. The legitimate investors have
web footprints and are easy to identify.

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Q) Traditional Knowledge and Intellectual Property

The current international system for protecting intellectual property was fashioned during the
age of industrialization in the West and developed subsequently in line with the perceived
needs of technologically advanced societies. However, in recent years, indigenous peoples,
local communities, and governments, mainly in developing countries, have demanded
equivalent protection for traditional knowledge systems.

Recognizing traditional forms of creativity and innovation as protectable intellectual property


would be an historic shift in international law, enabling indigenous and local communities as
well as governments to have a say over the use of their traditional knowledge by others. This
would make it possible, for example, to protect traditional remedies and indigenous art and
music against misappropriation, and enable communities to control and benefit collectively
from their commercial exploitation.

Although the negotiations underway in WIPO have been initiated and propelled mainly by
developing countries, the discussions are not neatly divided along “North-South” lines.
Communities and governments do not necessarily share the same views, and some developed
country governments, especially those with indigenous populations, are also active.

Two types of intellectual property protection are being sought:

 Defensive protection aims to stop people outside the community from acquiring
intellectual property rights over traditional knowledge. India, for example, has compiled a
searchable database of traditional medicine that can be used as evidence of prior art by
patent examiners when assessing patent applications.
This followed a well-known case in which the US Patent and Trademark Office granted a
patent (later revoked) for the use of turmeric to treat wounds, a property well known to
traditional communities in India and documented in ancient Sanskrit texts. Defensive
strategies might also be used to protect sacred cultural manifestations, such as sacred
symbols or words from being registered as trademarks.
 Positive protection is the granting of rights that empower communities to promote their
traditional knowledge, control its uses and benefit from its commercial exploitation. Some
uses of traditional knowledge can be protected through the existing intellectual property
system, and a number of countries have also developed specific legislation. However, any
specific protection afforded under national law may not hold for other countries, one

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reason why many indigenous and local communities as well as governments are pressing
for an international legal instrument.

Traditional cultural expressions

 Traditional cultural expressions (folklore) are seen as integral to the cultural and
social identities of indigenous and local communities, embodying know-how and
skills, and transmitting core values and beliefs. Protecting folklore contributes to
economic development, encourages cultural diversity and helps preserve cultural
heritage.

 Traditional cultural expressions can sometimes be protected by existing systems, such


as copyright and related rights, geographical indications, appellations of origin,
trademarks and certification marks. For example, contemporary adaptations of
folklore are copyrightable, while performances of traditional songs and music may
come under the WIPO Performances and Phonograms Treaty.

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