KTA LLB INTELLECTUAL PROPERTY RIGHTS -II 3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW. | UNIVERSITY AS PER NEW SYLLABUS MOST IMPORTANT PREVIOUS YEAR QUESTIONS UNIT WISE ALONG WITH ANSWERS EDITION-I (2023 & 2024) BY ANIL KUMAR KT, BA, LLB, MSW, LLM. Mob: 9584416446Karnataka State law University 3 and 5 Years LLB. ANIL KUMAR K.T LLB COACH Intellectual Property Rights -Il i i it wise Most important previous year questions Unit w! UNIT-1 ilabl 1. What constitutes infringement? What are the remedies availa infringement? Explain. 2. Describe the various modes of transfer of copyright. le for [Link] are the qualifying elements to be existence in a work for its copyright ability? | [Link] a note on Compulsory licenses in copyright. [Link] is copyright? Explain the salient features of copyright act. [Link] the various rights of owner of copyright. 7. Write a note on copyright board. 8. Write a note on Doctrine of fair use. UNIT-II 9. State the important features of convention of biological diversity Authority. [Link] the constitution powers and functions of National bio diversity authority. 11. Write a note on Biopiracy, 12. Explain the special features of the biodiversity Act 2002. 13. Define biodiversity and explain the objectives of Bio diversity Act. 14. Explain the salient features of Biodiversity act 2002. [Link] is a benefit claimer? How can benefit sh i biodiversity Act 2002. ering be given effect to 16. Write a note on State bio diversity board. UNIT-I117. Discuss the plant breeders, researcher's and community rights, state the exception. 18. Write a note on national gene fund. 19, Write a note’on equitable sharing of benefit 20. Discuss the procedure for registration of registrable plant varieties , what is the duration of registration . [Link] are the powers and functions of protection of plant varieties and farmers rights authority . [Link] a note on plant breeders right. 23. Write note on farmers rights. 24, Elucidate sui-generis system adopted in India for the protection of plant varieties. . UNIT-IV 25. Explain the conditions and the procedure observed in the registration of designs. 26. Define design. State the requirements of registration of design. 27. Discuss the salient features of design act 2000. 28. Define the term design? What are the prohibitions imposable on registration of design? 29. Write a note significance of design. 30. Explain the procedure for registering a design under the design act 2002 31. Write a note on functional design act 2000. 32. Explain the Powers and duties of controller, UNIT-V 33, Explain the object of Berne convention. [Link] how Paris and Berne convention have contributed for the international protection of IPR’s. 35. Write a short note on TRIPS agreement. 36. Discuss the salient features of the convention on biological biodiversity. 37. Write a note on Paris convention.[Link] the provision of Berne convention. [Link] settlement system of WTO. i 01. [Link] treaty on plant genetic resources 20 Problems related questions. 41'H’ conducts a research study on the health conditions fr Fe During a debate on the programme for improvement of hea Etta c rural children , ‘H’s research report is circulated in Loksabha. issi ‘H’ brit al action against it made without the permission of the author, can ‘H bring leg: Bi ? 42. ‘2’ a registered breeder whose registration is cancelled by the eel without giving a reason for cancellation. Can ‘Z’ file a case against the authority. Decide. 43.’Y’ company manufactured globes mounted on wooden frame, the other manufactures globes mounted on gold frames, the structure of the mount remains the same. The other company claims a copyright in the design asserting the novelty and design ability of the gold frame, can the other company get in the design. 44, Dr Laasya Kumar on orthopaedic surgeon invents a new process for surgery of limbs wishes to claim patent for his method and approaches you for obtaining patent. Give your advise. 45.A trademark user of a device ‘clock’ claims that his mark has become distinctive because he is using the mark since last 20 years. Is his claim of distinctiveness sustainable ? Give reasons for your answer, BY ANIL KUMAR K T LLB COACHWhat constitutes infringement? What are the remedie: infringement? Explain. Introduction: An infringement is a violation, a breach, or an unauthorized act. Infringement occurs in various situations. A harm to one’s right is an infringement. A violation of a statute is also an infringement. In a commercial contract, an infringement happens when one of the contracting parties breaches the terms stated in the contract. In intellectual property areas, an infringement refers to an unauthorized use of a copyrighted or patented invention. When an infringement happens, the party being harmed usually will file a claim against the harming party. In this case, the infringing party Is the defendant, and the harmed party is the plaintiff. If the court decides that the infringement does exit, the court will order remedies for the harmed party. Civil Remedies for Copyright Infringement The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957. The different civil remedies available are: A)Interlocutory Injunctions The most important remedy is the grant of an interlocutory injunction. In most case the application filled is for interlocutory relief and the matter rarely goes beyond the interlocutory stage. There are three requirements for there to be a grant of interlocutory injunction — Firstly, a prima facie case, Secondly, there needs to be a balance of convenience. Finally, there needs to be an irreparable injury. 2)Pecuniary Remedies Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright Act of 1957. First, an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the infringement. Third, conversion damages which are assessed according to the value of the article. 3)Anton Pillar Ordersthe holding in Anton Pillar AG V Jements are present in an Anton g the deferfdant from destroying or g the plaintiff's lawyer to search their safe custody. Third, an order and addresses of The Anton pillar order gets its name from Manufacturing Processes, The following é! Pillar Order — First, an injunction restrainin| infringing goods. Second, an order permittin the defendant's premises and take goods in that the defendant be directed to disclose the names suppliers and consumers. 4)Mareva Injunction believes that the f any decree being im to place whole or The Mareva injunction comes into play when the court defendant is trying to delay or obstruct the execution 0 passed against him. The court has the power to direct hi e any part of his property under the court’s disposal as may be sufficient to satisfy the decree. This is provided in Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908. 5)Norwich Pharmacal Order The Norwich Pharmacal Order is usually passed when information needs to be discovered from a third party. Criminal Remedies Under the Copyright Act, 1957 the following remedies are provided for infringement: + Imprisonment up to 3 years but, not less than 6 months + Fine which may not be less than 50,000 but, ma 2,00,000 ; + Search and seizure of infringing goods 'y extend up to + Delivery of infringing goods to the copyright owner 2. Describe the various modes of transfer of copyright Introduction Copyright is a protection given to the creators of acknowledgment to their intellectual input, The og ann YPES OF Works as an always been the protection of the interest of a Besanes ci Panett he , coupled withdissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation. Assignment of Copyright (Section 18) The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work?, However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright. Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence, : Mode of Assignment (Section 19 As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a Copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties. Assignment by Operation of Law (Section 20} When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death. i of Copyright The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:Voluntary license (Section 30) The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary. Compulsory License in Unpublished or Published Work (Section 31-A) According to this section, where the author is dead or unknown or cannot be traced , or the owner of the. copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language. Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued. The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions. Compulsory License for the Benefit of Disabled Persons (Section 31-B) Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. § Statutory License for Cover Versions (Section 31-C) Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so,The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version, Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advancei One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal, stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work. Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 3: Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner. License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32) Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication. License to Reproduce and Publish Works for Certain Purposes (Section 32-A)According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf. 3. What are the qualifying elements to be existence in a work for its copyright ability? The simplest definition of copyright is @ allows them to control, protect, and exp! property right given to authors that Joit their artistic works. Today it is very easy to receive a copyright for your work: All it needs is to be original, alittle creative, and fixed in a tangible medium of expression. So, as soon as you create something, it is probably copyrighted. You don't need to do anything else; you don't need to file paperwork with the federal government, pay any fees, publish, or do anything other than create. of the United States Code. The statutory basis of copyright is in Title 17 f various provisions of copyright However, be aware that the interpretation of law may differ depending on the judicial circuit. There are three basic elements that a work must possess in order to be protected by copyright in the US: a work must be the original work of the author. "novel" in the way an invention must be to get 2 he work can't be a copy of something else. Originality: To get a copyright, This doesn't mean it has to be patent. Instead, it basically means t The U.S. Supreme Court has said works only need to have a Creativit " of creativity to be creative enough for copyright. “modicum' Fixation: For works to have copyrights, they cannot be purely ephemeral. You can't get a copyright just by speaking out loud. But, as soon as you record that speech in some way, then its "fixed" and you may have a copyright over it Notably, courts have interpreted this to mean that something as tem orary as being copied onto RAM memory can constitute fixation. aThe bar to satisfy these three elements is very low and most works will easily do so, 4. Write a note on Compulsory licenses in copyright. What is Compulsory Licensing: A compulsory license is a term generally applied to a statutory license to do an act covered by an exclusive right without the prior authorization of the right ‘owner. Compulsory licensing allows for the use of protected (in this case, copyrighted material) without the prior permission of the owner of the right. Section 31 of the Indian Copyright Act provides for the compulsory licensing of copyright in case of works that are withheld from the public. In case the copyright owner has refused to: a) Republish or allow for the republication of the work or refuse to allow for the performance of the work in public due to which the work is withheld from the public; b) Allow communication of the work to the public through a broadcast of such work, or in the case of sound recording, the work recorded in such sound recording on terms which the complainant considers reasonable, When will a compulsory license be grante: The Copyright Board can, after providing a reasonable opportunity for the owner of the copyright to be heard and after conducting an inquiry and if satisfied, can direct the Registrar of Copyrights to grant a compulsory license to the complainant to republish the work, broadcast the work or communicate it to the public as the case may be. Upon such direction, the Registrar of Copyrights shall grant the license to the complainant. Further, a compulsory license can also be granted in case of unpublished Indian works. Section 31A provides for the same. In case of an unpublished work wherein the author is dead or unknown or cannot be traced, any person may apply to the Copyright Board seeking a license to publish such work. An essential case concerning compulsory licensing is Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. In this case, Radio Mirchi was playing music, and Super Cassette Industries held the rights to it. The music company filed for a permanent injunction. While the suit was pending, the FM| e Copyright Board for the grant of a compulsory license operators applied to th under Section 31(1)(b) of the Copyright Act The question here arose whether granting a compulsory license was viable in roadeasters, ie. Radio Mirchi, argued such a particular circumstance. The bi that since a license had already been granted to AIR and Radio City, there were no grounds on which a license to Radio Mirchi should be denied. The Court held that a compulsory license could be granted on grounds stated in Section 31A of the Copyright Act, i.e., only when access to the work has been denied to the public. In this case, the license had already been granted to AIR and Radio City. Therefore, it was not barred from public access. Thus, the argument of Radio Mirchi holds no water, and they were liable for copyright infringement. [Link] is coy nt? Explain the salient features of co} ht act. Introduction Copyright law protects the expressions of ideas instead of the ideas themselves. Copyright protection is conferred on all Original artistic, musical, literary, dramatic, sound recording and cinematograph works. The moment a work is created its copyright protection commences, its registration is optional But, it is advisable to obtain a registration for good protection. Copyright tion, instead of conferring any rights, is merely a prima facie proof of registra ister maintained by the an entry in respect of the work in the Copyright Re Registrar of Copyrights. A Copyright is a collection of exclusive rights which are vested in the owner of the copyright, according to Section 14 of the Copyright Act, 1957. These rights can only be exercised by either the owner of the copyright or by any other person who is licensed, according to law, in the same regard by the owner of the copyright. These rights include the right of publication, right to make translations, right of adaptation, right of reproduction, etc. According to Section 17 of the Copyright Act, 1957, the author or creator of the work is the first owner of the copyright. Salient Features of The Copyright Act 1957 1. Scope of rights conferred to authora Section 13 of the Copyright Act 1957, copyright protection is provided to iter Fary works, musical works, dramatic works, artistic works, sound recording and cinematograph films, For example, books, mani ; scripts, poetry, theses are protected under the Act as literary works, The Copyright Act, 1957 protects original literary, Works and cinematograph films and sound record Unlike the case with patents, copyright protects tl ideas, dramatic, musical and artistic ings from unauthorised uses. he expressions and not the 2. Provisions to idetermine first ownership According to Section 17 of the Copyrights Act 1957, the first owner of the Copyright is the author of the work itself. The exception to this rule is the case in which, the employer becomes the owner of the copyright in circumstances where the employee creates a work in the scope of her/his employment. 3. Civil and criminal remedies The civil remedies for Copyright infringement are covered under Section 55 of the Copyright Act of 1957. These civil remedies include damages, injunctions, interpretation of accounts, destruction and delivery of infringed copies and damages for conversion. The criminal remedies, for infringement of copyright, are provided under Section 63 of the Copyright Act 1957. These criminal remedies include imprisonment, fines, search and seizure of infringing goods, etc, The imprisonment can range up to 3 years but cannot be less than 6 months and the fine ranges from 50,000 to 2,00,000 rupees. 4. Creation of copyright office and copyright board Provisions for setting up a copyright office, which is under the control of the Registrar of the copyright for the registration of books and other ‘works’ of art, and a copyright board to help in dealing with copyright-related disputes are also given in the Copyright Act, 1957. Section 9 of the Copyright Act, 1957Provides for the inception of an office which is to be called the Copyright Office for the purpose of the Act. Section 11 of the Copyright Act, 1957 provides for the inception of the Copyright Board. Exceptions to the Copyright Act, 1957 The Copyright Act, 1957 does not include the infringement of copyright in the cases of ‘Fair dealing’, This law is provided under Section 52 of the Copyright Act, 1957. Fair dealing is the legal limitation on the exclusive right of the copyright owner which permits her/him to reproduce or use the copyrighted work in a manner that otherwise would have resulted in copyright infringement. Conclusion The history of copyright law is prolonged and complex in nature. For hundreds of years, it is in the developing stage. This is because technology is changing faster than ever. With the discovery of new techniques, the old law is falling behind in the world, especially in the case of non-literal work. Now, most of the time it is very difficult to draw a conclusion on the case of what is similar to the extent of copyright infringement as it is very subjective in nature. Thus, we need more laws which are specific in nature to copyright to lessen this subjectivity and deal with this problem efficiently. &.Describe the various rights of owner of copyright. Introdu Granting copyright seeks to protect the creative endeavour of an owner. Copyright gives an exclusive right to the owner to do certain acts in relation to literary, dramatic, musical, and artistic works, cinematography and sound recordings. Copyright is valid till the life of the Originator plus 50 years after his death. In the case of cinematographic work, the copyright is valid until 50 years after the work has been made available to the Public while for Photographic works 25 years after the making of the work. Rights of the copyright owner ‘ Right of ReproductionThis is the most prominent right which is acquired after the copyright protection. This right authorizes the person having such copyright to make copies of the protected work in any form. In the modern context copying, a song on a Compact Device or any sound and visual recording can be considered as a reproduction of the content. Prior to copying the permission of the author Is required unless it can be shown that such copying is not intended to make any commercial benefits out of it. Right to Distribute Right to distribute is an off-shoot of the right of reproduction. The person who ‘owns the copyright owner may distribute his work in any manner he deems fit. The owner is also entitled to transfer the whole or some rights in favour of any other person while retaining others. For example, he can entitle any person to translate his work. ight to make Derivative Works The copyright has the right to use his work in various ways, for instance making adaptations or translations. One example of adaptation is making a movie based on a novel, so here to make any derivative work the consent of the owner is mandatorily required. In these situations, certain other rights of the owner also come into play, like the right to integrity which protects the owner against deformation, defacement or modification of his work in a way that it is harmful for his reputation Right to Publicly Perform The owner of the copyright has the right to publicly perform his works. Example, he may perform dramas based on his work or may perform at concerts, etc. This also includes the right of the owner to broadcast his work. This includes the right of the owner to make his work accessible to the public on the internet. This empowers the owner to decide the terms and conditions to access his work. Right to Follow This right is granted generally only to the authors and artists. This empowers the authors to obtain a percentage of the subsequent sales of his work and is called‘ollow. The right is also available to artists on resale of Droit de Suite or Right to Fi their work. ight of Paternity The Right of Paternity or Attribution gives the copyright owner a right to claim authorship of the work. Under the Right of Paternity a copyright owner can claim due credit for any of his works. Thus, if a movie is produced based on a book by an author, and he hasn’t been given due credit in it, he can sue the makers to acknowledge his work. Sui Generis Rights The ordinary copyright law often fails to protect the computer software and databases since the essential element of creativity is not present in such databases. Therefore, there was a need for new law to protect such software and databases. The law of sui generis was introduced to resolve the problem of resolving databases on the whole. A database is a compilation or arrangement of information which may not be creative; it may still require protection from unauthorized copying. However, this may require certain modifications such as the making of copies has to be excluded from such copyright protection. Such database right exists for a fifteen year period. Private Copying This is an exception to the reproduction rights which are attained by the owner. According to this right, any person can make copies of the copyright protected work if it is proved that such copying is for educational purpose and that there is no commercial motive behind such copies being made. Conclusion In conclusion is maybe said that copyright law adequately protects the rights of the copyright owners. The law has kept pace with the changing times and has accommodated a number of new things in its ambit, including digital reproduction and sui generis rights. India ha i : ; s also ris updated its copyright law from time to time. See euenecend 7. Write a note on copyright board.