■ Model Answer Sheet – Intellectual Property

Q1. What is Intellectual Property? Its kinds, rights, and nature. Define Artificial Intelligence and its
advantages.

Intellectual Property (IP) refers to creations of the human intellect such as inventions, literary and
artistic works, designs, and commercial symbols. It provides exclusive legal rights to creators for
the use, exploitation, and protection of their works.

The main kinds of IP are Copyright, Trademark, Patent, Industrial Designs, Geographical
Indications, Plant Variety Protection, and Trade Secrets. Each of these ensures protection either for
creative works, innovative processes, or distinctive commercial identities.

The nature of IP rights is that they are exclusive, time-bound, territorial, and transferable. They can
be licensed, assigned, or inherited, but generally exist for a limited period.

Artificial Intelligence (AI) means the simulation of human intelligence by machines. It enables
computers to perform tasks like learning, reasoning, and problem-solving. Its advantages include
reducing human error, improving efficiency, automating processes, assisting in research, and
supporting innovation in diverse fields such as medicine, law, and education.

Q2. What is Copyright? What amounts to infringement?

Copyright is the legal protection granted to authors of original works including literary, artistic,
musical, dramatic works, films, and sound recordings. It gives the author economic as well as moral
rights over their creation.

Infringement of copyright occurs when a work is copied, reproduced, distributed, or communicated

to the public without the authorization of the copyright owner. Examples include unauthorized
printing of books, piracy of films, or broadcasting songs without license.

However, copyright infringement is not applicable to every form of copying. Certain limited uses
such as private study, criticism, and reporting are excluded under the doctrine of fair use.

Q3. Exceptions to Infringement / Doctrine of Fair Use.

The Copyright Act, 1957 under Section 52 lays down exceptions known as “fair use” or “fair
dealing.” These include:

Private or personal use including research.

Criticism or review of a work.

Reporting of current events.

Reproduction for judicial proceedings.

Use by teachers and students for education.

Library preservation copies.

The doctrine balances the author’s exclusive rights with the public’s right to access knowledge and
information.

Q4. How does Copyright protect economic and moral rights?

Copyright confers two broad categories of rights:

Economic Rights: These include the right to reproduce, publish, adapt, translate, and distribute the
work. Such rights enable authors and owners to earn revenue through licensing and royalties.

Moral Rights: Under Section 57 of the Copyright Act, authors enjoy the right of paternity (to be
identified as the author) and the right of integrity (to prevent distortion or mutilation of their work).

Thus, copyright ensures both financial security and recognition of the creator’s personality in the
work.

Q5. Who is the owner of Copyright? Modes of transfer.

As a general rule, the author of a work is the first owner of copyright. In certain cases, however,
ownership lies with the employer (in works made in the course of employment), the commissioning
party, or the government.

Modes of Transfer:

Assignment: Transfer of ownership to another person. It must be in writing, signed, and should
mention duration and territorial extent.

License: Permission to use the work under specified conditions, while ownership remains with the
author.

Inheritance: Copyright can also pass to legal heirs upon the death of the owner.

Q6. International Copyright under the Copyright Act, 1957.

India is a member of the Berne Convention and the Universal Copyright Convention. The Copyright
Act, 1957 incorporates provisions to protect foreign works. Section 40 empowers the government to
extend copyright protection to works from convention countries. The Act ensures national
treatment, meaning that foreign authors enjoy the same rights as Indian authors.

Q7. Trademark, its kinds, and distinction between infringement, passing off, and dilution.

A trademark is a sign, symbol, word, design, or expression that identifies goods or services of one
enterprise and distinguishes them from others.

Kinds of Trademarks include product marks, service marks, certification marks, collective marks,
well-known marks, and trade dress.

Trademark Infringement: Unauthorized use of a registered mark.

Passing Off: Misrepresentation of goods or services as those of another, even if the mark is
unregistered.

Dilution: Weakening of the distinctiveness of a famous mark by use on unrelated goods.

The rights of trademark owners include exclusive use, licensing, assignment, and the right to sue
infringers.

Q8. Procedure to Register a Trademark in India.

Conduct a trademark search.

File application with the Registrar of Trademarks.

Examination and issuance of report.

Publication in the Trademark Journal.

Opposition, if any, by third parties.

Registration and issuance of certificate.

Q9. Doctrine of Deceptive Similarity & Remedies.

The doctrine means that a trademark is deceptively similar if it is likely to confuse the public, either
visually, phonetically, or structurally.

Remedies for infringement include:

Injunction (to stop use).

Damages or account of profits.

Delivery up and destruction of infringing goods.

Q10. The Trademark Act, 1999.

The Act governs registration and protection of trademarks in India. It recognizes service marks and
well-known trademarks, provides for civil and criminal remedies, and lays down procedures for
registration, opposition, and renewal. The Act aims to promote fair competition and protect
consumers from deception.

Q11. Patent and its kinds. Registration procedure.

A patent is an exclusive right granted for an invention which is novel, involves an inventive step,
and is industrially applicable.

Kinds:

Product patent (for new products).

Process patent (for new manufacturing processes).

Registration involves:

Filing of application.

Publication after 18 months.

Examination by Controller.

Opposition by interested parties.

Grant of patent.

Q12. Rights, Duties, and Obligations of a Patentee.

Rights: Exclusive use of invention, licensing, assignment, and right to sue infringers.

Duties: Pay renewal fees, work the patent in India, and disclose the invention fully.
Obligations: Ensure the invention is not misused to restrict trade or harm public interest.

Q13. The Patents Act, 1970.

The Act is the primary legislation governing patents in India. It was amended in 1999, 2002, and
2005 to make it TRIPS-compliant. It introduced product patents, extended terms to 20 years, and
excluded inventions contrary to morality, atomic energy, and medical treatments.

Q14. Define Invention and Patentability Conditions.

An invention is a new product or process involving an inventive step and capable of industrial
application.

Conditions for Patentability:

Novelty.

Inventive step (non-obviousness).

Industrial application.

Exclusions include mathematical methods, business methods, discoveries, and abstract theories.

Q15. The Paris Convention, 1883.

This international treaty protects industrial property. It is based on three principles:

National treatment – foreign applicants enjoy the same rights as nationals.

Right of priority – first filing in one member state gives priority in others.

Common rules for protection of patents, trademarks, and designs.

Q16. Short Notes

i) Registration of Design & Rights of Holder – Protects aesthetic features of articles. Holder gets
exclusive rights, can license and sue infringers.

ii) Plant Varieties Protection – Safeguards rights of farmers and breeders. (PPVFR Act, 2001 in
India).

iii) Madrid Agreement – Provides international registration of trademarks via a single application
administered by WIPO.

iv) Domain Names – Treated as trademarks when they distinguish goods/services online.

v) Piracy – Unauthorized reproduction and distribution of copyrighted works like books, movies,
software.

vi) WIPO – A UN agency that administers global IP treaties including Berne, Paris, and Madrid.

Q17. Additional Short Notes

i) Layout Design – Protects the layout of integrated circuits.

ii) Industrial Designs – Protection for shape, configuration, and ornamentation of articles.
iii) Geographical Indications (GI) – Protects goods linked to a geographical origin (e.g., Darjeeling
Tea).

iv) Abuse of Patent Rights – Misuse like patent evergreening, refusal to license, anti-competitive
practices.

v) Anton Piller Order – Court order permitting search and seizure of infringing goods without notice.

vi) Neighbouring Rights – Protects rights of performers, producers of phonograms, and

broadcasting organizations.

A GI (Geographical Indication) tag and copyright are two distinct forms of intellectual property (IP)
protection that serve different purposes. They are not interchangeable.

What a GI Tag Is

A Geographical Indication (GI) tag is a sign used on products that have a specific geographical
origin and possess qualities, a reputation, or characteristics that are essentially attributable to that
origin. ■■ It functions as a certification that the product comes from a particular region and is
produced according to traditional methods, thus ensuring its quality and authenticity.

For example, Darjeeling Tea has a GI tag, meaning only tea grown and processed in the Darjeeling
region of India can be sold as "Darjeeling Tea." This protection is a collective right, meaning all
producers within that designated area who meet the specified standards can use the tag.

What Copyright Is

Copyright is a legal right that protects the creators of original literary and artistic works. ✍■ It gives
the creator the exclusive right to control the reproduction, distribution, and adaptation of their work.
Copyright protects the expression of an idea, not the idea itself. The work must be in a tangible
form, such as a book, a song, a painting, or a film.

For instance, the author of a book holds the copyright, preventing others from copying or selling the
book without their permission. Copyright is an individual right, granted to a specific author or artist.

Key Differences

■ Important Case Laws in Intellectual Property Rights (IPR)

A. Copyright Cases

R.G. Anand v. Delux Films (1978) SC

Issue: Copyright infringement of a drama turned into a film.

Principle: Ideas are free; only expression is protected.

Held: No infringement since only the idea was taken, not the expression.

Eastern Book Company v. D.B. Modak (2008) SC

Issue: Copyright in SCC headnotes and copy-edited judgments.

Principle: Copyright requires skill, labour + creativity (not mere sweat of brow).

Held: Minimal creativity suffices for originality.

Academy of General Education v. B. Malini Mallya (2009)

Issue: Copying of educational materials.

Held: Copying of notes and substantial similarity = infringement.

B. Trademark Cases

Cadila Healthcare Ltd. v. Cadila Pharmaceuticals Ltd. (2001) SC

Issue: Use of deceptively similar trademarks for medicines.

Principle: Doctrine of deceptive similarity applied strictly, especially for medicines.

Yahoo! Inc. v. Akash Arora (1999, Delhi HC)

Issue: Domain name “Yahoo India” similar to “Yahoo!”.

Held: Domain names are protected under trademark law.

ITC Ltd. v. Punchgini (2007, US)

Issue: ITC’s claim over “Bukhara” restaurant trademark abroad.

Principle: Trademarks require continuous use in jurisdiction; foreign goodwill not always
enforceable.

C. Patent Cases

Novartis AG v. Union of India (2013) SC

Issue: Patentability of cancer drug Glivec.

Held: Rejected under Section 3(d) Patents Act – modification of known substance without
enhanced efficacy is not patentable.

Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979) SC

Principle: Patents are granted only for novel and useful inventions, not for mere workshop
improvements.

F. Hoffmann-La Roche Ltd. v. Cipla Ltd. (2009, Delhi HC)

Issue: Patent infringement of lung cancer drug Erlotinib.

Held: Balance between patentee rights and public interest; compulsory license aspects considered.

D. Design Cases

Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (2008) SC

Issue: Design of patterned glass sheets.

Held: Registration of industrial design gives exclusive rights; copying = infringement.

Microfibres Inc. v. Girdhar & Co. (2009, Delhi HC)

Issue: Fabric design copyright vs design law overlap.

Held: Once a design is applied industrially and registered, copyright protection ceases.

E. Geographical Indications (GI) Cases

Tea Board of India v. ITC Ltd. (2011, Calcutta HC)

Issue: ITC used “Darjeeling Lounge” for its hotel.

Held: Using GI name in unrelated business not infringement, since no confusion about tea.

Scotch Whisky Association v. Golden Bottling Ltd. (2006)

Issue: Misuse of “Scotch” for Indian whisky.

Held: GI must be protected to prevent consumer deception.

F. International Landmark Cases

Donaldson v. Beckett (1774, UK)

First case recognizing copyright as a statutory right (not perpetual).

Paris Convention (1883) & TRIPS cases – established international recognition of IPR.

Apple v. Samsung (2012, US)

Patent infringement in smartphone design.

Principle: Tech designs can have both patent + design protection.

■ Summary:

Copyright → R.G. Anand, EBC v. Modak

Trademark → Cadila, Yahoo!, ITC Bukhara

Patent → Novartis, Roche v. Cipla

Design → Bharat Glass, Microfibres

GI → Tea Board, Scotch Whisky