Industrial Design

Geographical Indications BRMK557

Case studies on patent
RM & IPR

* Important QA from
Module - 5
Research Methodology &
Model MQP 1 Intellectual Property

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

Ans:
Industrial Designs (ID)
 Definition:
o Industrial design refers to the aesthetic features of an object, such as its shape, pattern, color,
or a combination of these. The design must be judged by the eye and can be two-dimensional
or three-dimensional.
o It can be one-dimensional, two-dimensional, or three-dimensional or a mix of these
dimensions.
o The design must appeal visually and is judged based on how it appears to the eye, without
considering its technical or mechanical aspects.
 Purpose: The goal is to protect the originality of the creator’s design and promote further
creativity in the industry.
Eligibility Criteria
 Novelty: The design must be original, meaning it hasn't been made public before through any
publication or use.
 Distinctiveness: It should stand out from existing designs to ensure it is not similar to prior
designs.
Legal Framework
 Governing Acts: Industrial designs in India are regulated by The Designs Act of 2000 and the
Designs Rules of 2001, amended in subsequent years.
Example
 Example of Industrial Design: The unique shape and design of an Apple iPhone are protected
as industrial design. The sleek curves and distinctive appearance distinguish it from other
smartphones.
This protection encourages the creators to innovate while preventing others from copying their creative
designs.

9b. Summarize the Non Protectable Industrial Designs in India

Ans:
Non-Protectable Industrial Designs in India
1. Against Public Moral Values:
o Designs that violate moral standards or social values cannot be protected.
o Example: A design that promotes offensive or harmful messages, such as designs related
to hate speech or violence.
2. National Symbols:
o Designs that feature national flags, emblems, or symbols of any country are not eligible
for protection.
o Example: A design using India's national flag or its emblem as part of a product’s
design.
3. Integrated Circuits:
o Designs related to the internal structure or layout of integrated circuits are not considered
industrial designs.
o Example: The specific wiring or configuration of a microchip that forms part of a circuit.
4. Process-Related Designs:
o Designs that focus on the functional process of making an item, rather than the visual or
aesthetic appearance, cannot be protected.
o Example: A design that illustrates how to manufacture a chair but does not focus on its
visual shape or look.
5. Documents and Stationery:
o Items like books, calendars, greeting cards, or postcards do not qualify as industrial
designs since they are primarily literary or artistic works.
o Example: A greeting card design, which is more of an artistic creation, not a product’s
industrial design.
6. Artistic Works:
o Works like paintings, sculptures, and photographs are considered artistic works and are
protected by copyright law, not industrial design.
o Example: A famous painting by an artist cannot be registered as an industrial design.
7. Trademarks:
o Designs that form part of a trademark (such as logos) cannot be protected under industrial
design law.
o Example: The design of the Nike Swoosh logo cannot be registered as an industrial
design, as it is a trademark.

Each of these categories reflects limitations on the scope of industrial design protection, ensuring it
applies only to designs related to the aesthetic or functional appearance of products and not other forms
of intellectual property.
9c. Describe the Registration process for Industrial Design with a flow chart
Ans:
Registration Process for Industrial Design

1. Prior Art Search

Before filing, conduct a prior art search to ensure the design is novel and not already registered.
o Use search engines like:
 Design Search Utility (CGPDTM)
 Global Design Database (WIPO)
2. Filing Design Application
The applicant (individual, small entity, institution, or industry) files the application.
o Process:
 Submit the application at the Design Office, Deputy Controller of Patents &
Designs, Kolkata.
 Non-residents must appoint an agent in India.
 Include necessary documents like design representation and forms.
3. Formality Check
The examiner checks if the application meets eligibility criteria.
o If there are discrepancies, the applicant must rectify them within 6 months.
 4. Substantive Examination
The examiner evaluates the design for:
o Novelty: Is the design new?
o Originality: Is the design significantly distinguishable?
o If accepted, the design proceeds to registration. If rejected, the applicant can amend and
resubmit.
5. Acceptance for Registration
If the design meets all criteria, it is accepted for registration.
o The design is published in the Official Journal of the Patent Office.
6. Issue of Certificate
If no objections are raised within 1 month of publication, a Design Registration Certificate is
issued.
7. Duration of Registration
o Initial Term: 10 years from the date of registration (or priority date).
o Extension: Can be renewed for an additional 5 years by filing Form-3 with fees.
8. Importance of Design Registration
o Provides exclusive rights to the owner.
o Prevents piracy and imitation of the design.
o Boosts sales and establishes goodwill in the market.
9. Cancellation of Registered Design
The design can be cancelled by filing Form-8 with the prescribed fee.
o Grounds for Cancellation:
 Design already registered.
 Design published before registration.
 Design is not novel or original.
Summary:
1. Prior Art Search: Ensure the design is novel using search engines.
2. Filing Application: Submit at the Design Office with necessary documents.
3. Formality Check: Examiner checks eligibility; amend if required.
4. Substantive Examination: Evaluates novelty and originality.
5. Acceptance for Registration: Published in the Official Journal.
6. Issue of Certificate: Granted if no objections are raised.
7. Duration: Valid for 10 years, extendable for 5 more years.
8. Importance: Provides exclusive rights and prevents piracy.
9. Cancellation: Can be cancelled on grounds like lack of novelty.

10a. Define the term Geographical Indicators (GI)? What are the rights given to GI holders
Ans:
Geographical Indications (GI)
Definition:
 A Geographical Indication (GI) is a sign or label used on products that come from a specific
geographical location and possess qualities, reputation, or characteristics that are inherent to that
region. The key link is the strong connection between the product and its original place of
production, often highlighting local traditions, craftsmanship, or natural resources.
 For example, "Darjeeling Tea" is a GI because it is grown in the Darjeeling region and possesses
specific qualities that are unique to that region's climate and soil.
Acts, Laws, and Rules Pertaining to GI
 In India, GIs are governed under the Geographical Indications of Goods (Registration &
Protection) Act, 1999, and the Geographical Indications of Goods (Registration &
Protection) Rules, 2002.
 These laws aim to provide protection and prevent misuse or imitation of GIs to preserve the
authenticity and reputation of the products.
Ownership of GI
 The ownership of a GI is typically held by a group of producers or an association such as a
cooperative society. In some cases, the government may also hold the ownership rights to
certain GIs.
Rights Granted to GI Holders
1. Right to Grant License:
o The holder of a GI has the exclusive right to license others to use the GI.
o This includes the right to sell, transfer, mortgage, or enter into other arrangements for
consideration.
o Any license or assignment of GI rights must be in writing and registered with the
Registrar of GI to be legally valid.
2. Right to Sue:
o The holder has the right to take legal action against individuals or entities that use the GI
product without permission or consent.
o This helps in protecting the product from unauthorized exploitation and ensures the
preservation of its reputation.
3. Right to Exploit:
o The GI holder can authorize exclusive users to use the GI, thereby granting them the right
to exploit the product in the market.
o This right also helps in generating revenue through licensing while maintaining the
integrity of the geographical identity.
4. Right to Obtain Relief:
o Registered proprietors and authorized users of a GI have the right to seek relief in case of
infringement.
o This includes the right to claim damages or other remedies in case someone unlawfully
uses the GI product.
Example of GI Protection in India:
 Darjeeling Tea – Known worldwide for its unique flavor, it has been granted GI status,
protecting it from being produced outside the region under the same name.
 Kancheepuram Silk Sarees – This traditional saree from Tamil Nadu has a GI tag, ensuring
that only products made in Kancheepuram can be marketed as "Kancheepuram Silk".
10b. Discuss the case study of Apple Vs Samsung
Ans:
Case Study: Apple Inc. vs. Samsung Electronics Co.

1. Lawsuit Initiation (2011)

 Apple’s Lawsuit: Apple sued Samsung for design and utility patent infringement (screen grid
layout, tap-to-zoom features).
 Evidence: Apple presented side-by-side images comparing iPhone 3GS and Samsung Galaxy S,
alleging design similarities.
2. Discovery of False Evidence
 Image Tampering: Apple was found to have altered the images to exaggerate the design
similarities between the two phones.
 Accusation: Samsung accused Apple of submitting misleading evidence in court.
3. Counter-Suit and Global Proceedings
 Samsung’s Response: Samsung countersued Apple in multiple countries: South Korea, Japan,
Germany, the USA, and with the International Trade Commission (ITC).
 Seven-Year Legal Battle: Legal proceedings lasted for seven years across multiple
jurisdictions.
4. Settlement and Outcome (2018)
 Settlement Reached: In 2018, both companies reached a settlement agreement.
 Payment: Samsung was ordered to pay $539 million to Apple for patent infringement.

Key Takeaways
1. Patent Infringement in the Tech Industry:
 Highlighted the importance of protecting intellectual property in the competitive smartphone
market.
2. Integrity of Evidence:
 Emphasized the need for presenting truthful and accurate evidence in legal cases, as misleading
evidence can affect credibility.
3. Global Impact:
 Showed how patent disputes can have worldwide consequences, affecting market competition
and company reputations.
4. Financial and Market Impact:
 The settlement had a financial impact on Samsung, but allowed both companies to focus on
innovation and business growth after years of litigation.

10c. Discus the case study of Basmati Patent

Ans:
Case Study: Basmati Patent
1. The Basmati Patent Controversy
 Patent Awarded: In 1997, RiceTec, a US company, was granted a patent for a strain of Basmati
rice, which has been traditionally grown in India and Pakistan for centuries.
 Basmati Rice: Known for its distinct aroma and long grains, it has been cultivated by farmers in
the region for centuries.
2. RiceTec’s Claims
 Acknowledgment of Tradition: RiceTec admitted that good-quality Basmati traditionally
comes from India and Pakistan.
 Claim of Innovation: However, RiceTec claimed it had developed "novel" strains of Basmati
rice, which were higher yielding and could be produced globally.
3. Indian Government’s Response
 Legal Action: India challenged the patent, questioning the validity of RiceTec’s claims,
specifically regarding starch index, aroma, and grain dimensions.
 WTO Involvement: India considered taking the issue to the World Trade Organization (WTO),
claiming violation of the TRIPS agreement.
4. Patent Law Issues
 TRIPS Agreement: TRIPS does not require patent protection for plant varieties but insists on
some form of protection for them. The US allows plant variety patents, which is how RiceTec
gained the patent.
 Misappropriation of Knowledge: The patent was seen as an attempt by RiceTec to claim
traditional knowledge as their invention.
5. Settlement and Outcome
 Patent Withdrawn: After prolonged disputes, RiceTec withdrew some of its claims, but it had
already patented certain strains of Basmati rice.
 Protection of Traditional Knowledge: The case emphasized the need for better protection of
traditional agricultural knowledge and resources.
6. Key Takeaways
 Misappropriation Issue: The case highlighted how traditional knowledge can be wrongly
patented by entities outside the region of origin.
 Importance of Protection: It stresses the need for laws that protect traditional knowledge and
prevent exploitation through patents.

MQP 2
9a. Explain the process of industrial design registration.
Ans: (same as 9c from MQP 1)
9b. Define Geographical Indications (GI) with an example. What are the rights granted to GI
holders?
Ans: (same as 10a from MQP 1)

10a. Explain Case study of Curcuma (Turmeric) Patent, Case study of Neem Patent.
Ans:
Case Study: Curcuma (Turmeric) Patent & Neem Patent
Turmeric Patent Case
 Background:
o Turmeric (Curcuma longa) is a tropical herb widely used in India for cooking, medicinal, and
cosmetic purposes, particularly known for its wound-healing and anti-parasitic properties.
 Patent Grant:
o In 1995, the University of Mississippi Medical Center was granted a patent by the US for using
turmeric powder for wound healing, both orally and topically.
 Objection from India:
o India’s Council for Scientific and Industrial Research (CSIR) objected, providing evidence of
the long history of turmeric use in Ayurvedic medicine.
 Evidence and Revocation:
o CSIR found references to turmeric’s medicinal use in Sanskrit, Urdu, and Hindi texts, dating
back centuries.
o The USPTO revoked the patent in 1997, agreeing that the use of turmeric for healing was not
novel and had been known for ages.
 Key Outcome:
o The case emphasized the need for safeguarding traditional knowledge, with India successfully
defending its cultural heritage against patent misappropriation.

Neem Patent Case

 Background:
o Neem (Azadirachta indica) is an ancient tree from India, known for its medicinal uses,
especially in treating diseases like leprosy and diabetes. It is also used in agriculture for pest
control.
 Patent Grant:
o In 1994, the European Patent Office (EPO) granted a patent to W.R. Grace Company (USA)
for using neem oil to control fungi on plants.
 Opposition from India:
o India, supported by the Research Foundation for Science, Technology and Ecology
(RFSTE), opposed the patent, presenting evidence from ancient Ayurvedic texts that neem
oil had been used for fungal control and medicinal purposes for centuries.
 Revocation:
o In 2000, the EPO revoked the patent, stating it lacked novelty and inventive steps, as neem's
uses had been known in India for centuries.
 Key Outcome:
o The case highlighted the importance of protecting indigenous knowledge and preventing the
misappropriation of traditional plant-based remedies.
Summary: Turmeric & Neem Patent Cases
1. Turmeric Patent Case:
o In 1995, the University of Mississippi Medical Center was granted a US patent for using
turmeric for wound healing.
o India’s CSIR challenged this, citing turmeric's centuries-old use in Ayurvedic medicine.
o The USPTO revoked the patent in 1997, recognizing the use of turmeric as ancient
knowledge.
2. Neem Patent Case:
o In 1994, the European Patent Office granted a patent for using neem oil to control plant
fungi.
o India opposed this, providing evidence of neem’s traditional use.
o The patent was revoked in 2000, as neem’s properties were well-known in India long before
the patent was filed.
Both cases highlight the importance of protecting traditional knowledge from patent misappropriation.

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

Ans: Process of GI Registration
 1. Prior Art Search:
o Before filing, conduct a prior art search to ensure the GI is not already registered.
o Use search engines like WIPO’s Global Brand Database or the GI Registry website.
2. Filing the Application:
o The applicant (individual, organization, or authority) files the GI application.
o Process:
 Submit the application in the prescribed format to the Registrar of Geographical
Indications, Chennai.
 Include details about the producers’ interest and standards for maintaining the GI.
 Attach three certified copies of the map of the region where the GI belongs.
3. Examination of Application:
o The examiner scrutinizes the application for deficiencies or similarities with existing GIs.
o If discrepancies are found, the applicant must respond within 1 month.
4. Publication in GI Journal:
o If the examiner is satisfied, the application is published in the Geographical Indication
Journal.
o The public has 4 months to file objections.
5. Objection Handling:
o If objections are raised, the applicant must address them within 2 months.
o If no objections are filed, the GI proceeds to registration.
6. Registration of GI:
o If no objections are resolved, the GI is registered, and the filing date becomes the
registration date.
o The GI is initially valid for 10 years and can be renewed by paying the prescribed fee.
7. Issue of GI Tag:
o The registered GI product is granted a GI tag, which confirms its authenticity and
geographical origin.

Summary in Points:
1. Prior Art Search: Ensure the GI is not already registered.
2. Filing Application: Submit the application with details about producers and standards.
3. Examination: Examiner checks for deficiencies; respond to discrepancies within 1 month.
4. Publication: Application is published in the GI Journal for public objections.
5. Objection Handling: Address objections within 2 months.
6. Registration: If no objections, the GI is registered for 10 years.
7. GI Tag: The registered product is granted a GI tag for authenticity.

Key Points to Remember:

 GI registration ensures authenticity and geographical origin of products.
 The process involves prior art search, application filing, examination, publication, and
registration.
 The GI tag is valid for 10 years and can be renewed.
 MQP 3
9a. Explain the classification of Industrial Designs and design registration trends in India
Ans:
Classification of Industrial Designs
Explanation:
Industrial designs are categorized into specific classes and subclasses to streamline the registration
process and ensure uniformity across countries. This classification is governed by the Locarno
Agreement, 1968, which provides a standardized system for design registration and searches.
Key Points:
 Designs are classified into 32 classes and 237 subclasses.
 Examples:
o Class 1: Foodstuffs for humans and animals (excluding packaging).
o Class 9: Bottles, flasks, pots, and pressurized containers.
o Class 32: Graphic symbols, logos, surface patterns, and ornamentation.
 The classification helps in categorizing goods for design registration and ensures consistency in
official documents.
Design Registration Trends in India (2010-2020)
Explanation:
The design registration process in India has seen significant growth over the decade, reflecting
increased awareness and importance of protecting industrial designs. The trends are analyzed based on
three key parameters: designs filed, designs examined, and designs registered.
Key Points:
 Overall Growth:
o Designs Filed: 88% increase.
o Designs Examined: 117% increase.
o Designs Registered: 33% increase.
 Highest Numbers in 2019-20:
o Designs Filed: 12,268.
o Designs Examined: 13,644.
o Designs Registered: 14,272.
 Trend Analysis:
 o The graph shows a similar pattern for all three parameters.
o The highest numbers were observed in 2019-20, indicating a growing interest in design
registration.
Summary:
1. Classification of Industrial Designs:
o Governed by the Locarno Agreement, 1968.
o 32 classes and 237 subclasses for categorizing goods.
o Examples:
 Class 1 (foodstuffs),
 Class 9 (packaging),
 Class 32 (graphic symbols).
2. Design Registration Trends in India (2010-2020):
o Significant growth in designs filed (88%), examined (117%), and registered (33%).
o Highest numbers in 2019-20:
 12,268 filed, 13,644 examined, 14,272 registered.
o Reflects increased awareness and importance of design protection.

9b. Explain the famous case law between Apple Inc Vs Samsung Electronics Co. related with
Industrial Design Rights.
Ans: (same as 10b from MQP 1)

10a. How would you describe the overall ecosystem and significance of geographical indications
in India?
Ans:
1. GI Ecosystem in India
Explanation:
India's geographical and cultural diversity provides immense potential for GI products, tied to specific
regions and traditions, contributing to economic and cultural growth.
Key Points:
  Total GIs Registered: As of June 2021, 370 GIs have been registered in India.
 Scope: India has vast potential for GI products, but the number of registrations is much below
its capacity.
 Trends (2010-2020):
o Maximum GIs Filed: 148 in 2011-12.
o Minimum GIs Filed: 17 in 2015-16.
o Registrations: Around 20-30 per year, with a peak of 34 in 2016-17.

2. Significance of GI in India
Explanation:
GI tags protect the authenticity and origin of products, ensuring they meet specific standards and
originate from designated locations. This preserves cultural heritage and supports local economies.
Key Points:
 GI Tags:
o Confirm the genuineness of products in terms of production standards and geographical
origin.
o Examples: Darjeeling Tea, Mysore Silk, Tirupathi Laddu.
 Economic Impact:
o Contribute to the economic development of regions.
o Help local producers gain market recognition and premium pricing.
 Cultural Identity:
o Preserve the cultural and historical identity of regions.
o Prevent misuse of traditional knowledge and products.
 Legal Protection:
o Prevent non-registered products from using the GI tag.
o Restrict labeling of products not produced in designated locations as GI.

3. GI Registry in India - #EXTRA

Explanation:
The Geographical Indications Registry (under the Department for Promotion of Industry and Internal
Trade) manages GI registrations in India.
Key Points:
 Head Office: Located in Chennai.
 Functions:
o Issues GI tags to registered products.
o Ensures compliance with production standards and geographical origin.
 Example:
o Darjeeling Tea can only be labeled as such if grown in the Darjeeling region, even
though it can be produced elsewhere.

Summary in Points:
1. GI Ecosystem in India:
o 370 GIs registered as of June 2021.
o Trends show fluctuations, with a peak of 148 filings in 2011-12 and 34 registrations in
2016-17.
 2. Significance of GI:
o Protects authenticity and geographical origin.
o Boosts local economies and preserves cultural heritage.
o Examples: Darjeeling Tea, Mysore Silk, Tirupathi Laddu.
3. GI Registry:
o Headquartered in Chennai.
o Ensures compliance with production standards and geographical origin.

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

Ans: (same as 10b from MQP 2)

~ The End ~