TRAE MARK: WTO which is responsible for the regulation of International trade, is also responsible for the global

al protection of
Intellectual property rights India is the signatory of WTO and as such it beca!e the !e!ber of TRI"#$Trade relating to
Intellectual property rights% The reason for enact!ent of and or a!end!entto &arious I"R 'aws are to confor! to the TRI"#
#alient points under &arious Acts which are collecti&ely called Intellectual property laws:(The Acts which are co&ered under I"R
are as follows:( )% The Trade Mar*s Act, )+++ ,% The "atents Act, )+-. /% The 0opyright Act, )+1- 2% 3esigns
Act, ,... 1% 4eographical Indications of 4oods$Registration and "rotection%Act,)+++ 5% "rotection of plant
&arieties and far!ers6 rights, Act, ,..) -% #e!i conductor Integrated circuits 'ayout( design Act,,... 7% 8iological
3i&ersity Act,,.., Trade Marks Act, 1999.:"urpose of the Act:( An Act to a!end and consolidate the law relating to
trade !ar*s, to pro&ide for registration and better protection of trade !ar*s for goods and ser&ices and for the pre&ention of
the use of fraudulent !ar*s What is a trade mark?:A trade !ar* is a &isual sy!bol or sign in the for! of a word or a
label used for the identi9cation of the 4oods or ser&ices readily distinguishable fro! si!ilar goods and ser&ices supplied by
the others The new Act ca!e into force on )1(.+(,../ The procedure for registration of a trade mark :( An
application in writing to the Registrar of Trade !ar*s A single application can be !ade for the registration of a trade !ar* for
di:erent classes of goods and ser&ices An application for registration of a trade !ar* has to be opposed within / !onths
fro! the date of ad&ertise!ent or such e;tended period of one !onth An application for registration may be refused on
the folloing grounds, namely:!A% Absolute grounds for refusal:( Trade !ar*s which are ( de&oid of any distincti&e
character (!ar*s or indications which$ !ay ser&e in trade to % designate the *ind, <uality, <uantity, intended "urpose,
geographical indications etc of goods or ser&ices (e;clusi&e !ar*s or indications which ha&e beco!e custo!ary$howe&er,
a trade !ar* shall not be refused registration, if before the date of application for registration, it has ac<uired a
distincti&e character as result of use !ade of it or is a well *nown trade !ar*% (of such a nature as to ecei&e the public
or cause confusion (contains !atters li*ely to hurt the religious susceptibilities of any class or section of the citi=ens of
India (contains scandalous or obscene !atter (prohibited under the E!ble!s and >a!es$"re&ention of i!proper use%
Act, )+1. (If it consists e;clusi&ely of shape of goods which results fro! the nature of goods the!sel&es or which is
necessary to obtain a technical result or which gi&es substantial &alue to the goods "ature of goods or ser#ices in
relation to hich the trade mark is used or proposed to be used shall not be a ground for refusal of
registration. 8% Relati&e ground for refusal:( (the identity or si!ilarity of the trade !ar* with an earlier trade !ar* and
identity or si!ilarity of goods or ser&ices co&ered by the trade !ar* ha&ing chance of confusion on the part of the public,
which includes the li*elihood of association with the earlier trade !ar* (the trade !ar* applied for is identical with or
si!ilar to an earlier trade!ar* but is to registered for goods or ser&ices hich are not similar to the goods or ser&ices
for which the earlier trade !ar* is registered in the na!e of a di:erent proprietor ?owe&er, the earlier trade !ar* which
is registered for a di:erent goods or ser&ice should be a WE''(K>OW> trade !ar* in India and the use of the trade !ar*
for which an application is now sougnt without due cause, would ta*e unfair ad&antage of or be detri!ental to the
distincti&e character or repute of the earlier e;isting trade !ar* which is registered for a di:erent product or ser&ice ?ere,
the party opposing registration has to raise the grounds of ob@ection during opposition proceedings (a trade !ar* shall
not be registered if, or to the e;tent that its use in India is liable to be pre&ented $a% by &irtue of any law, in particular, the
law of "A##I>4 OAA, protecting an unregistered trade !ar* used in the course of tradeB or $b% by &irtue of a copyright
?ere also, the party opposing the registration has to raise the grounds of ob@ection during opposition proceedings
0% Other 4rounds for refusal:( ( A word shall not be registered as a trade !ar* if is co!!only used and accepted na!e of
any single ele!ent or a single che!ical co!pound in respect of a che!ical substance or preparation or that is a word which
is declared by the World ?ealth Organisation and noti9ed in the prescribed !anner by the Registrar fro! ti!e to ti!e as an
international non proprietary na!e or which is decepti&ely si!ilar to such na!e ( In case of na!es and representations
of li&ing person or persons whose death too* place within twenty years prior to the date of application for the registration
of the trade !ar*, the Registrar !ay re<uire the written consent of such li&ing person or the legal representati&e of the
deceased person before he proceeds with the application The trade !ar*, when registered, 3ATE# 8A0K to the date of the
!a*ing of application What is the $%&AT'(" of a Trade mark?: The owner of the trade !ar* gets a
perpetual right to its use in relation to the goods and ser&ices in respect of which it is registered The registration is for ten
years but !ay be renewed fro! ti!e to ti!e perpetually for further periods of ten years "rotection of Trade !ar*s:(
Trade !ar*s can be protected in the following ways, na!ely, )% Infringe!ent Action ,% "assing O: Action /% 0ri!inal
Action Infringe!ent Action:(When a person gets his trade !ar* registered under law, he ac<uires &aluable rights by
reason of such registration Registration of the trade !ar* gi&es hi! an e;clusi&e right to the use of trade !ar* in connection
with the goods in respect of which it is registered and if there is any in&asion of this right by A>C OT?ER "ER#O> by a !ar*
which is the sa!e or decepti&ely si!ilar to his trade !ar*, he can protect his trade !ar* by an action for infringe!ent in
which he can obtain I>DE>0TIO>, 3AMA4E# OR A00OE>T OA "ROAIT !ade by the other person )assing o* Action:(
?ere, the Trade Mar* need not be registered It can be a trade !ar* or a get up In Fpassing o:G, the !ain principle is that no
one has any right to represent for trade purposes, his goods or business as being the goods or business of so!ebody else
What are the reliefs in the suits for infringement or passing o*H In@unction and da!ages or an account of pro9ts
together with or without any order for the deli&ery of the infringing labels and !ar*s for destruction or erasure +riminal
Action:( 0ri!inal co!plaints can be 9led in the court of Metropolitan Magistrate or Airst 0lass @udicial !agistrate against
accused persons whose whereabouts are *nown or un*nown, charging the!, inter alia$a!ong other things% with ha&ing
falsi9ed a trade !ar* or applied a false trade !ar* or a false description to goods or ha&ing in possession bloc*s, plates or
other instru!ents for falsifying trade !ar*s or ha&ing in possession for sale or selling goods or things to which a false trade
!ar* or false trade description is applied &emo#al of Trade mark:!:A Trade !ar* registered WIT?OET A>C 8O>AAI3E
intention on the part of the applicant to use it in relation to those goods A>3 that there has in fact been no bona9de use of
the trade !ar* in relation to those goods up to a date of three !onths before the date of application for ta*ing o: the trade
!ar* fro! the register or that up to a date of three !onths prior to the date of application, a continuous period of
9&e$1%years fro! the date on which the trade !ar* is actually entered in the register or a longer period has elapsed during
which the trade !ar* was registered and during which there was no bona9de use thereof inrelation to those goods or ser&ices
by any proprietor thereof for the ti!e being ((((((((((((((((((((((((((((()atents Act, 19,- :Earlier there was only "RO0E##
"ATE>T and no "RO3E0T "ATE>T for drugs, foods and che!icals >ow product patent has also co!e into e;istence for drugs,
foods and che!icals The "roduct patent protection already e;ists I> A'' OT?ER AIE'3# A patent is a right granted to a
person who has in&ented a new and useful article or an i!pro&e!ent of an e;isting article or a new process of !a*ing an
article A "atent is not granted for an idea or principle as such, but for so!e article or the process of !a*ing so!e article
applying the idea. Application for )atent:( :Who can apply for patentH: )% Any person clai!ing to be the true and
9rst in&entor of the in&entionB ,% by any person being the assignee of the person clai!ing to be the true and 9rst
in&entor in respect of the right to !a*e such an applicationB /% by the legal representati&e of any deceased person who
i!!ediately before his death was entitled to !a*e such an application The application as abo&e !ay be !ade by any of the
persons !entioned abo&e either alone or @ointly with any other person for O>E I>IE>TIO> O>'C before the patent oJce
E&ery application for a patent shall be acco!panied by a #"E0IAI0ATIO> describing the in&ention and shall begin with a title
suJciently indicating the sub@ect !atter to which the in&ention relates A "ATE>T #"E0IAI0ATIO> is the heart and soul of a
patent What after application for a patentH:An application for patent shall not ordinarily be open to public for a
prescribed period. If the applicant so desires, the application !ay be published before the prescribed period by the
0ontroller general of "atents, designs and Trade !ar*s On the e;piry of the prescribed period as stated abo&e, the
application for patent shall be published Epon publication, the 8iological !aterials, speci9cations, drawings etc, shall be
a&ailable to the public A patent is &alid for a period of twenty$,.% years AROM T?E 3ATE OA "E8'I0ATIO> OA T?E
A""'I0ATIO> AOR A "ATE>T Why #alidity of a patent is tenty years from the date of )%./'+AT'(" (0
T12 A))/'+AT'("?: This is because, on and fro! the date of publication of the application for patent and until the grant
of patent in respect of such application, the applicant shall ha&e the li*e pri&ileges and rights as if a patent for the
in&estigation has been granted on the date of the publication of the application 1oe#er, the applicant shall not be
entitled to institute any proceedings for infringement until the patent has been granted.On a re<uest by the
applicant for the patent or any other interested person, for an EKAMI>ATIO> of an A""'I0ATIO>, the application and
speci9cation and other docu!ents related thereto shall be referred at the earliest by the controller general of "atents,
designs and Trade !ar*s to an EKAMI>ER for making a report to him3ie to he +ontroller4 regarding the following
!atters, na!ely:( )% whether the application, the speci9cation and other docu!ents relating thereto are according to the
re<uire!ents of this Act and the rules thereunder,% Whether there is any lawful ground of ob@ection to the grant of the patent
under the Act in pursuance of the application /% A report of the E;a!iner, after in&estigation, for the purpose of
ascertaining whether a% the in&ention clai!ed has been anticipated by a publication !ade before this application or b% the
in&ention is clai!ed in any clai! of co!pleted speci9cation published after this application but the application for which is
!ade before this application in <uestion Where an application for a patent has been published but a patent has not been
granted, any person !ay, in writing, represent by ay of opposition to the controller against the grant of that patent, on
the ground, inter alia, that the applicant for the patent wrongfully obtained the in&ention or any part thereof fro! hi! On
receipt of the report of the E;a!iner, the 0ontroller !ay either grant the patent or !ay re<uire the applicant to !a*e
necessary a!end!ents after gi&ing the applicant an opportunity of being heard #o!e general infor!ation on "ATE>T#:(
(The three standard re<uire!ents for a patent to be registered are no&elty, utility and in&enti&e stepsLnon ob&iousness It
should be new, new steps and should be co!!ercially e;ploitable (3uring the ter! of the patent, the owner of the patent,
ie, the patentee can pre&ent any other person fro! using the patented in&ention After the e;piry of the duration of the
patent, anybody can !a*e use of the in&ention, since it beco!es a public do!ain (A patent is a creation of #TATETE
and is therefore territorial in E;tent Thus, a patent granted in one country cannot be enforced in another country E>'E## the
in&ention concerned is patented in that country also What is infringement?: Infringe!ent of patent consists in
the &iolation of any Fe;clusi&e rightsG of the patentee, na!ely, to !a*e, use, e;ercise, sell or distribute the in&ention in India
Where the in&ention clai!ed is an article or substance, the rights of the patentee are infringed by any one who !a*es or
supplies that article or substance co!!ercially for use by others Where the patent is for a process, the right of patentee is
infringed by one who uses or e;ercises that !ethod or process in India Where to 9le relief for infringe!entH:Action for
infringe!ent of a patent !ust be instituted by 9ling a suit in the 0ourt ha&ing @urisdiction not inferior to that of a 3istrict
0ourt The right to sue for infringe!ent belongs to the patentee A person who threatens to infringe !ay also be sued The
burden of establishing infringe!ent is on the plainti: , ie who has 9led a suit What are the reliefs a&ailableH:It includes an
in@unction A>3 at the option of the plainti:, either da!ages or an account of pro9ts The li!itation period for ta*ing action for
infringe!ent is three years fro! the date of infringe!ent (A""'I0ATIO> AOR "ATE>T A8ROA3:( Aor applying A8ROA3,
one has to 9rst apply in India and after si; wee*s to apply abroad (A "atent is a Monopoly right ( In case of an
in&ention in the Research and 3e&elop!ent$RM3% 3ept of a 0o!pany, the application for a patent should be !ade both by
the E!ployer and the e!ployee to a&oid future co!plication in the e&ent of the e!ployee in the RM3 depart!ent resigns.
What is )ara '5 6ling?In case of "ara II 9ling, the generic !anufacturer clai!s that either his product does not infringe the
patent and Lor the patent itself is in&alid A successful patent challenge allows the challenger, a )7. days e;clusi&ity in which
no other co!pany can launch a generic &ersion What is 72#ergreening8 of a patent?:When a patent is
ending its tenure of Twenty years, there is a natural tendency on the part of the patent holder to e;tend the patent by
applying so!e cos!etic touches to the patent and then apply to the patent authority to e;tend the sa!e In this way he can
pre&ent it fro! beco!ing FgenericG ?owe&er, Indian"atent 'aw, under #ection /$d% of the "atents Act, )+-., pro&ides that
the !ere disco&ery of a new for! of a *nown substance which does not result in the enhance!ent of the *nown eJcacy of
that substance or the !ere disco&ery of any new property or new use for a *nown substance or of the !ere use of a *nown
process, !achine or apparatus does not entitle a person for a patent or the e;tension of the patent
(((((((((((((((((((((((((((((+opyright Act, 199,:(A 0opyright shall subsist in an original literary wor* (?ow to deter!ine whether
a particular piece of wor* can be a copyright or what are the re<uire!ents of 0opyright abilityH 0opyright !eans the
e;clusi&e right to do or authori=e others to do certain acts in relation to :( a% 'ITERARC, 3ra!atic or Musical wor*s b%
0o!puter "rogra!!e c% Artistic Wor* d% 0ine!atograph 9l! and e% #ound Recording ( ?ow to deter!ine whether
a particular piece of wor* can be a copyright or what are the re<uire!ents of 0opyright abilityH: 0opyright protects only what
is EK"RE##E3 and not the I3EA that has been used to e;press In India,wor*s are protected as long as there is (riginal
2:pression Originality relating to EK"RE##IO> OA T?OE4?T Thus, a wor* not copied fro! another wor* is original ie it
should originate fro! the author It does not !ean the e;pression of Original or In&enti&e thought A person who
possesses 0opyright of a literary wor* can, inter alia, do the following in respect of a wor* or a substantial part thereof,
na!ely:( a% Reproduce the wor* in any !aterial for! including storing of it in any !ediu! by electronic !eans b%
Issue copies of the wor* to the public not being copies already in circulation c% !a*e any translation of the wor* or d% !a*e
any adaptation of the wor* Adaptation includes any use of the wor* in&ol&ing its rearrange!ent or alteration
Whether registration of copyright is compulsory?:A copyright is an Enregistered Intellectual property right where the
protection is AETOMATI0 and the registration is >OT 0OM"E'#ORC but O"TIO>A' and not a condition precedent for ac<uiring
a copyright ?owe&er, if the author of the 0opyright desires to ha&e the 0opyright registered, he can !a*e an application in
the prescribed for! acco!panied by the prescribed fees to the FRegistrar of 0opyrightsG for entering the particulars of the
wor* in the FRegister of 0opyrightsG In the Register of 0opyrights, the details such as a%the na!es or titles of wor*s and
b%the na!es and addresses of authors, publishers and owners of 0opyright and such other prescribed particulars are entered
The Registrar of 0opyrights shall act under the superintendence and directions of the 0entral 4o&tThe ad&antage of
registration of a copyright is that the register of copyright shall be a pri!afacie $at the 9rst sight% e&idence of particulars
entered therein A certi9ed copy of an entry in the Register of 0opyrights is ta*en as a pri!a facie e&idence in all courts
ithout further proof of production of the original. Aurther, the Registrar publishes in the OJcial 4a=ette, all entries
!ade in the Register of 0opyrights 1o long a copyright lasts?:A copyright lasts for a period of si;ty CEAR#$5.%
fro! the beginning of the calendar year ne;t following the year in which the Author dies In case of a wor* of Doint ownership,
the copyright would last for si;ty years fro! the beginning of the calendar year ne;t following the year in which the last
sur&i&ing @oint owner dies What is 'nfringement of a copyright?:The following a!ounts to infringe!ent of a
copyright, na!ely,( Infringe!ent of a copyright is anything done to the pre@udice of the e;clusi&e right of the owner of the
copyright( "er!its any place to be used for the 0OMME>I0ATIO> of the wor* TO T?E "E8'I0 where such co!!unication
constitutes an infringe!ent of the copyright in the wor*( when any person sells, hires, distributes, e;hibits in public or
i!ports into India, any infringing copies of the wor* ?ere it should be noted that i!port of one copy of the wor* for pri&ate
and do!estic use of the i!porter is allowed Who administers the copyright Act or ho is the Authority
for the copyright?: The 0entral 4o&t, shall appoint a Registrar of 0opyrights and !ay appoint one or !ore 3eputy
registrars of copyrights A 0opyright oJce shall be established for the purposes of the 0opyright Act and it shall be under
the i!!ediate control of the FRegistrar of 0opyrightsG who shall act under the superintendence and control of 0entral
4o&ern!ent (((((((((((((((((((((((((((($esigns Act, ;---.:What is a designH:E;pressing a !ental conception in a physical for! is
designing which has beco!e part and parcel of business today What are the ob<ects of the $esigns Act, ;,---?
)% 'egal syste! for protection of Industrial design to be !ade !ore eJcient ,% To pro!ote design acti&ity in order to
pro!ote the design ele!ent in an article of production /% also to ensure that law does not gi&e protection 8ECO>3 what
is necessary 3esign is de9ned under the 3esigns Act, ,... as follows, na!ely:( 3esign !eans only the features of )%shape,
,% con9guration, /% pattern 2% orna!ent or 1% 0o!position of lines or colours applied to any article whether in two or three
di!ensional or in both for!s by any industrial process or !eans whether !echanical, !anual or che!ical, separate or
co!bined which in the 9nished article appeal to and are <udged solely by the eye but does not include any !ode or
principle of construction or anything which is in substance a MERE !echanical de&ice, and does not include a% a trade
!ar* b% a property !ar* c% any artistic wor* as de9ned in the 0opyright Act "rohibition of registration of
certain designs, na!ely:( a% a design which is not new or original or b% which contains scandalous or obscene !atter
c% which are not signi9cantly distinguishable fro! *nown designs or co!bination of *nown designs d% ha&e been disclosed
to the public anywhere in India or in any other country by publication in tangible for! or by use or in any other way prior
to the 9ling date or where applicable, the priority date of the application for registration An application has to be !ade to
the 0ontroller 0ontroller !eans the controller 4eneral of "atents, $esigns and Trade Marks:A design !ay be registered
in respect of any or all of the articles co!prised in a prescribed class of articles Where a design has been registered in
respect of any article co!prised in a class of article, the application of the proprietor of the design to register it in respect of
so!e one or !ore other articles co!prised in that class of articles shall not be refused, nor shall the registration thereof
in&alidated )ublication of the $esigns hich are registered:(The controller shall, as soon as may be after the
registration of a design, cause publication of the prescribed particulars of the design to be published in such !anner as
!ay be prescribed and thereafter the design shall be open to public inspection. What is the Tenure of a
design?:Where a design is registered, the registered proprietor of the design shall ha&e a 0O"CRI4?T in the design during
ten years from the date of registration. E;tension:( On an application being !ade before the e;piration of Ten years, the
controller !ay e;tend the period of copyright for a #econd period of Ai&e years fro! the e;piration of the original period of
Ten years $ ie Ten N Ai&e O Aifteen Cears% 'nfringement of $esign:(Any person liable for contra&ention $e&ery
contra&ention% has to pay to the registered proprietor of the design, a su! not e;ceeding Rs,1,...L( reco&erable as a
FcontractualG debt The proprietor can also bring a suit for da!ages for such contra&ention and for an in@unction against
repetition The total su! reco&erable cannot e;ceed Rs1.,...L( Miscellaneous matters:( 3esigns Act contains pro&ision
for !aintaining the Register of designs on 0o!puter The Act pro&ides for 0o!pulsory registration of any docu!ent for
transfer of right in the registered design((((((((((((((((((((((((((((((((((((((=eographical indications of goods3&egistration and
protection4Act, 1999.: ( In order to protect the interest of both the consu!ers and producers, the TRI"# agree!ent has
en@oined a duty on all !e!ber states to enact a legislation to protect the Fgeographical indicationsG (F4eographical
IndicationG in relation to goods $goods !eans any agricultural, natural or !anufactured goods or any goods of handicraft or
of industry and includes foodstu:% !eans an I>3I0ATIO> which identi9es such goods as agricultural goods, natural goods or
!anufactured goods or originating or !anufactured in the territory of a country or a region or locality in that territory
where a gi&en <uality, reputation or other characteristic of such goods is essentially attributable to its geographical orgin
and in case where such goods are !anufactured goods, one of the acti&ities of either the production or of processing or
preparation of the goods concerned TAKE# "'A0E I> #E0? TERRITORC, RE4IO> OR 'O0A'ITC as the case !ay be
Indication:( It includes $ie it is an inclusi&e de9nition% any na!e, geographical or 9gurati&e representation or any
co!bination of the! con&eying or suggesting the geographical origin of goods to which it applies There is a register of
4eographical Indications$4I% It is in two parts, na!ely, "art A ,containing particulars of registration of 4Is and "art 8
containing particulars relating to registration of Authorised users Application for registration of a 4I:( #)) of the Act Who
shall apply?: Any association of persons or producers or any organi=ation or authority established by or under any law for
the ti!e being in force representing the interest of the producers of the concerned goods, who are desirous of registering a
geographical indication in relation to such goods shall apply in writing to the Registrar in a prescribed for! with the
prescribed fees "rohibition of Registration:( #ection + of the Act The following 4Is will be prohibited fro!
registration, na!ely:( (that which would decei&e or cause confusion (the use of which is contrary to law (that which
contains scandalous or obscene !atters (that which would hurt religious susceptibilities The Registration procedure is
enu!erated in #s)) to )2, consisting of application, ad&ertise!ent of the application, opposition to the registration, actual
registration Once the 4I is registered, an interested person can apply for registration as the Authorised user of the
4I under section )- Any person clai!ing to be the producer of the goods in respect of which a 4I has been registered under
#)5, !ay apply in writing to the Registrar for registering hi! as the Authorised Eser of such 4I The procedure for
registration of a 4I also applies for registration an Authorised user of a 4I 3uration and the rights conferred by the
Registration:(The Registration is for a period of Ten $).% years A>3 it can be renewed fro! ti!e to ti!e $ie it is a perpetual
right% Registration of an authori=ed user is for a period of Ten $).% years or till the registration of 4I$of which he is the
Authorised user% e;pires, whiche&er is EAR'IER If at the e;piration of the ti!e prescribed in that behalf, those conditions are
not co!plied with, the registrar !ay re!o&e a geographical indication or the Authorised user as the case !ay be fro! the
Register )rohibition of Assignment:! >ection ;? of the Act: The right to 4I cannot be assigned, trans!itted,
licensed, pledged or !ortgaged ?owe&er, the right of the Authori=ed Eser de&ol&es on his successor in title
'nfringement and Action for infringement. >ection ;; of the Act.:( An Enauthorised user using a registered 4I a% by
any !eans in the designation or presentation of goods suggesting that such goods originate in a geographical area OT?ER
T?A> T?E TREE "'A0E OA ORI4I> b% in such a !anner which constitutes an act of unfair co!petition including passing o: in
respect of registered 4I "roceedings can be instituted to pre&ent or to reco&er da!ages for the infringe!ent of a registered
4I )rotection of )lant #arieties and 0armers@ &ights Act, ;--- :"rotection of "lant &arieties either by FpatentsG
or by an e:ecti&e Fsui generis $of its own *ind, uni<ue% syste!G or any co!bination thereof Ob@ecti&es:( )% To protect and
bene9t the breeders of new plant &arieties ,% To protect and bene9t the far!ers as culti&ators and conser&ers of
traditional local plant &arieties which !ay be used in the de&elop!ent of new &arieties and /% To encourage the
growth of seed industry through do!estic and foreign in&est!ents so as to ensure supply of high <uality seeds and planting
!aterials to far!ers 1o the right of breeders are protected? : The rights of the breeders are protected by
granting the! a !onopoly to use and sell the seeds and planting !aterials of the new plant &arieties e&ol&ed by the!
through a syste! by which they are granted registration #uch a registration is e<ui&alent to a patent granted to the in&entor
in respect of !anufactured goods Those who use the new plant &arieties for purposes of business ie for the production and
sale of seeds and other planting !aterial ha&e to ta*e a license fro! the breeder by paying hi! fees which !ay be treated as
Royalty Who is a breeder?:8reeder !eans a person or group of persons or a far!er or group of persons or any institution
which has bred, e&ol&ed or de&eloped any &ariety Who can make an application for registration under the
Act?:#ection )5 of the Act gi&es the types of persons who can !a*e an application for registration under the Act, na!ely,
(8reeder, successor or assignee of breeder( any far!er or group of far!ers or co!!unity of far!ers(any Eni&ersity or
"ublicly funded institution 0riteria for !a*ing an application under the Act:()% >o&elty:( #uch a &ariety has not been sold
or disposed o: ,% 3istincti&eness:( clearly distinguishable by at least one essential characteristics fro! any other
&ariety /% Enifor!ity:( Enifor!ity in its essential characteristics$sub@ect to &ariation that !ay be e;pected fro!
the peculiar features of its propagation% 2% #tability:( ie its essential characteristics re!ains unchanged after repeated
or in the case of a particular cycle of propagation, at the end of such cycle Tenure:! The certi9cate of registration shall
be &alid for ( >ine$+%years in case of trees and &ines #i;$5%years in case of other crops !ay be re&iewed and renewed
further, on pay!ent of such fees, as !ay be 9;ed by the rules so that the total period of protection will not be !ore than )7
years in case of trees and wines and )1 years in case of other crops >emiconductor 'ntegrated circuits layout!
$esign Act, ;--; A>'+/$ A+T,;--;B>emiconductor 'ntegrated +ircuits or >emiconductor '+.: What is the ob@ect of
the ActH:It pro&ides protection to #e!iconductor I0 'ayout designs and !atters connected therewith or incidental thereto
What is a semi conductor '+?:#e!iconductor I0 !eans a product ha&ing transistors and other circuitry ele!ents which are
inseparably for!ed on a se!i conductor !aterial or an insulating !aterial or inside the se!i conductor !aterial or an
insulating !aterial or inside the se!i(conductor !aterial and designed to perfor! an electronic circuitry function E&ery I0
has a nu!ber What is a transistor?:It is a se!i conductor de&ice with three connections capable of a!pli9cation in
addition to recti9cation In nor!al roo! $lower te!perature%, se!iconductor acts as an insulator If you increase the
te!perature, it will conduct electricity #e!iconductor is an ele!ent li*e 4old, 4er!aniu! $a grey crystalline ele!ent with
se!i conducting properties rese!bling silicon% and silicon are !ain co!ponents of se!i conductor /ayout design:!
hat is a /ayout design? 'ayout !eans a% the way in which so!ething, esp, a page is laid out and b% a thing set out in a
particular way F'ay out designG !eans a layout of transistors and other circuitry ele!ents and includes lead wires connecting
such ele!ents and e;pressed in any !anner in a se!iconductor integrated circuit What are the rights conferred
on the registered proprietor of the /ay!out design?: The #I0'3 Act gi&es to the registered proprietor of the layout(
design, the e;clusi&e right to use the layout design and obtain relief in respect of infringement. It !ay be noted here
that the registration of a layout design does not gi&e !onopoly rights but gi&es right to pre&ent infringe!ent of the registered
layout during the period of registration What constitutes infringement under the Act?:Reproducing, i!porting,
selling, distributing the I0 layout design for co!!ercial purposes only constitutes infringe!ent What are reCuirements
to get protection under the Act?: (originality(should not be co!!ercially e;ploited(distinct fro! the others already
e;isting in the !ar*et What is meant by commercial e:ploitation in relation to semi conductor integrated
circuits layout design?: 0o!!ercial e;ploitation in relation to se!iconductor integrated circuits layout(design i!plies acts
such as sell, lease, o:er or e;hibit for sale or otherwise distribute such se!iconductor integrated circuit for any co!!ercial
purpose >ote:( A design not e;ploited co!!ercially for !ore than , years fro! the date of registration of application
shall be treated as co!!ercially e;ploited for the purpose of this Act What is the <usti6cation for protection of
>emiconductor integrated circuits?:I0s are the base of electronic re&olution 'ot of in&est!ent and RM3 is re<uired for
creation of new layout This high in&est!ent and ris* associated, for!s a barrier for new entrant ?owe&er, when it co!es to
copying, it is the easiest @ob in the world It can be copied by !erely ta*ing photograph of each layer of integrated circuits
$uration:( The ter! for an I0 layout design protection is ten$).%years fro! the date of 9ling The registration of a layout
design shall be only for a period of ten years counted fro! the date of 9ling of an application for registration or fro! the date
of 9rst co!!ercial e;ploitation anywhere in India or any country, W?I0?EIER I# EAR'IER Who is the Authority
under the Act?:The 0entral 4o&t, !ay, by noti9cation in the oJcial ga=ette appoint a person to be *nown as the Registrar
of #e!iconductor integrated circuits layout design There shall be established a registry which shall be *nownas the #e!i(
0onductor Integrated 0ircuit 'ay out design registry Who can obtain protection of /ay!out designs under the
>'+/$ Act,;---?: Any person who a% clai!s to be the creator of a layout design who desires to register it b% is an
Indian national or national of a country outside India, which accords to citi=ens of India si!ilar pri&ileges as granted to its
own citi=ens in respect of registration and protection of layout(designs and c% has principal place of business in India or if
he does not carry out business in India, has place of ser&ice in India can apply for protection of layout(designs under the
#I0'3 Act, ,...((((((((((((((((((((((((((((.iological $i#ersity Act,;--;:8iological O Relating to 8iology or li&ing organis!s
8iology O the scienti9c study of li&ing organis! Organis! O a% an indi&idual, ani!al, plant or single celled life for! 8% a
whole !ade up of parts whichare dependent on each other 8iological 3i&ersity enco!passes the &ariety of all life on earth
With only ,1 percent of the land area, India already accounts for - to 7 per cent of the recorded species of the world India is
e<ually rich in traditional and indigenous *nowledge, both coded and infor!al The sta*e holders in 8io di&ersity
include the 0entral 4o&t, The #tate 4o&t, Institutions li*e local self 4o&t, scienti9c and technical institutions, non go&t,
organi=ations, industry etc, +ommunities are not stake holders in the .io di#ersity. The ob@ect of the Act is to A%
regulate access to biological resources of the country with the purpose of securing e<uitable share in bene9ts arising out of
the use of $)% 8iological resources and $,% associated *nowledge relating to biological resources What are .iological
resources? : 8iological resources !eans plants, ani!als and !icro(organis!s or parts thereof, their genetic $relating to
Fgenes or heredityG % !aterial and by products, e:cluding #alue added products with actual or potential use of &alue, 8ET
3OE# >OT I>0'E3E ?EMA> 4E>ETI0 MATERIA' 8% To conser&e and sustainable use of 8iological 3i&ersity 8iological
3i&ersity !eans &ariability a!ong li&ing organis!s fro! all sources and the ecological co!ple;es of which they are part and
includes di&ersity within species or between species and of eco syste!s 0% To respect and protect K>OW'E34E OA
'O0A' 0OMME>ITIE# related to 8io 3i&ersity 3% To secure sharing of bene9ts with local people as conser&ers of
biological resources and holdersof *nowledge and infor!ation relating to the use of biological resources E%
0onser&ation and de&elop!ent of areas i!portant fro! the standpoint of biological di&ersity by declaring the! as 8iological
di&ersity heritage sites A% "rotection and rehabilitation of threatened species 4% In&ol&e!ent of institutions of
self go&t in the broad sche!e of the i!ple!entation of the Act through constitution of co!!ittees Ender this
Act, no foreigner or an Indian who is >on(resident or an Indian in association with the Aoreigner can get any Indian biological
resource without per!ission It &irtually creates a ban on transport across the border any Indian biological resource This ban
and regulation is restricted to the use of Indian biological resource by others for research or for co!!ercial utili=ation or for
bio sur&ey and bio(utili=ation 0ollaborati&e research pro@ects are e;e!pted if such collaborati&e research pro@ects are
appro&ed by the 0entral 4o&t and are drawn up as per the policy guidelines speci9ed by the 0entral 4o&t What
is bio prospecting?:8io prospecting !eans e;ploration of wild plants and ani!als for co!!ercially &iable genetic and bio
0he!ical resources What is .io )iracy?:8io piracy !eans !isappropriation of fol* wisdo! of indigenous people by
corporateLpirates to locate and understand the use of !edical plants and use this *nowledge co!!ercially and e;ploit it
while the indigenous people who !ade it all possible recei&e little or nothing in return E> 0on&ention on 8io di&ersity
)++, $held in Rio de @anerio% is a land !ar* in the en&iron!ent and de&elop!ent 9eld as it ta*es for the 9rst ti!e a
co!prehensi&e rather than sectoral approach to the conser&ation of Earth6s 8io di&ersity and sustainable use of biological
resources 3i:erent 8oards under the 8io di&ersity Act, ,..,:( )% >ational 8io di&ersity Authority$>8A%, a body corporate
with a perpetual succession #)+ pro&ides for appro&al by >8A for underta*ing certain acti&ities, na!ely (for obtaining any
biological resource occurring in India (for applying for patent or any other for! of intellectual property protection
,% #tate 8iodi&ersity Authority$#8A% /% 8io di&ersity !anage!ent 0o!!ittees $8M0s%M8As and #8As are re<uired to
consult the concerned 8M0s on !atters related to use of 8iologicalResources and associated *nowledge within their
@urisdiction 1o can traditional knoledge be protected? "rotection of Traditional *nowledge can be e:ected
by protecting the! under the heads of Intellectual "roperty law li*e copyright, patents, Trade!ar*s, Industrial design
protection, 4eographical indication and appellation$for!al na!e or title% of origin and through the laws of unfair co!petition
Trade secrets:! What are Trade secrets?: Any infor!ation which is of co!!ercial i!portance in which s*ill and labour
are in&ol&ed for de&elop!ent A>3 which is not ordinarily a&ailable to the public at large is broadly denoted asG con9dential
infor!ationG, !eaning con9dential infor!ation is also *nown as Ftrade secretsG 0on9dential infor!ation is characteri=ed by
the obligation on the recipient of the infor!ation than by any I>?ERE>T right attaching to the infor!ation or the owner of
the infor!ation E;a!ples:( 0he!ical for!ulae, !anufacturing process, 9nancial infor!ation, !achinery, de&ices,0o!puter
progra!!es, source codes, strategic plans, designs, custo!er lists, discounts gi&en to 0usto!ers, co!pilation of
infor!ation, supplier infor!ation, business de&elop!ent strategies etc, In India, there is no legislation to protect Trade
secrets .asis for protection of con6dential information:!0ourts ha&e regarded Fcon9dentialityG as an
attribute of ingenuity, s*ill and labour and ha&e conde!ned those who ha&e reaped what they ha&e not not sown or try to
!isuse the infor!ation gi&en to the! in con9dence What is regarded as secret is not so !uch the end product, but the s*ill
and labour, ti!e ande:ort that is in&ol&ed in its e&olution or de&elop!ent Trade secret and )atent, ho
di*erent? ( patent is for an in&ention which is useful and Fnon(ob&ious6 to those in that 9eld of art Fonly after
3isclosure to 4o&t, that a patent is granted 0on9dential infor!ation is pri!arily founded on non(disclosure and on an
obligation to *eep infor!ation recei&ed con9dential ( 0on9dential Infor!ation, unli*e patent, need not be no&el or
new in its strict ter!s to <ualify as protectable 0on9dential infor!ation All that is re<uired is that the infor!ation !ust not
be *nown to those in business, should ha&e co!!ercial &alue and be !aintained as a secret with an obligation on the
recipient to *eep it secret ( While patents fall in public do!ain after a certain period $,. years%, there are instances,
wherein trade secrets ha&e been !aintained secret for se&eral years, e;a!ple, 0OKE AORME'A When Trade
secret route is used?:Trade secret route is used, when:(( "atents are una&ailable$ie the in&ention is not patentable%
("ending grant of "atent ("atent enforcing !echanis!s are wea* ("art of technology can easily be *ept
secret (Trade secrets or 0on9dential infor!ation can be used together with patents or in isolation What are the
strategies to protect and maintain trade secrets:! ( non(disclosure agree!ent ( ?owe&er, !ere paper contracts
are not suJcient because it !ust be pro&ed that e:orts were ta*en *eep the infor!ation con9dential