IP Law Quick Revision

Define IPR. Explain its nature, rationale & theories of protection. International legal regime for IPR. Asked in 3/4 papers

• Nature: Intangible, territorial (unless treaty-backed), time-bound, assignable/licensable, statutory in origin.
• Why it grows: Globalization of trade, tech/digital boom, need to reward innovation, prevent free-riding, attract FDI.
• Theories of protection — write all 4 with one line each:
  • Natural Rights Theory (Locke): a person owns the fruit of their own labour.
  • Utilitarian/Incentive Theory: monopoly = reward, incentivizes future innovation.
  • Economic/Reward Theory: IP recoups R&D investment, drives economic growth.
  • Social Planning Theory: IP shaped to serve a just, culturally rich society — balance creator vs. public.
• International regime: Paris Convention (industrial property) → Berne Convention (copyright) → Stockholm Act 1967 (created WIPO) → TRIPS 1995 (under WTO, sets minimum global standards) → GATT (parent trade framework that birthed TRIPS).
• Indian statutes: Patents Act 1970, Trade Marks Act 1999, Copyright Act 1957, GI Act 1999, Designs Act 2000.

Short notes: TRIPS · WIPO · GATT Asked in 3/4 papers

How is the Copyright Board constituted? Powers & procedure. Asked in 3/4 papers

• Old constitution: Chairman + 2–14 members appointed by Central Govt, quasi-judicial body.
• Core jurisdiction: Compulsory licensing (S.31 — when owner unreasonably withholds work from public), Statutory licensing (S.31D — flat-rate FM radio/TV broadcast), Register rectification (S.50).
• Procedure: Application → hearing of parties → reasoned order → appeal lies to High Court (post-2021, the IPD itself is the forum of first instance).

Define Copyright. Rights & obligations of the copyright owner. Asked in 2/4 papers

• Economic rights: reproduce, issue copies, perform in public, communicate to public, make translations/adaptations, sell/rent.
• Moral rights (S.57): right of paternity (be identified as author) + right of integrity (object to distortion/mutilation) — survive even after assignment.
• Obligations: not to infringe others' works, register if seeking presumptive evidence of ownership, respect fair-dealing carve-outs for public/educational use.
• Term: generally life of author + 60 years.

What is infringement of copyright? Civil & criminal remedies. Acts that do NOT amount to infringement.

• Civil remedies (S.55): injunction, damages/account of profits, delivery-up & destruction of infringing copies, John Doe/Anton Piller orders in urgent cases.
• Criminal remedies (S.63–64): imprisonment 6 months–3 years + fine ₹50,000–₹2,00,000; police can seize infringing copies without warrant (S.64).
• S.52(1)(a): private use, criticism, review, news reporting are not infringement.
• S.52(1)(i): reproduction by a teacher/pupil in the course of instruction is protected.
• Case — Univ. of Oxford v. Rameshwari Photocopy Services (Delhi HC, 2016): course-pack photocopying for students held to be fair dealing; copyright is a social tool to spread education, not a tollgate on knowledge.

Assignment & transfer of copyright. Relinquishment. First owner of copyright. Asked in 3/4 papers

• Assignment (S.19): must be in writing & signed by assignor; identify the work & rights assigned.
• Default gap-fillers if deed is silent: duration reverts to author after 5 years; territory limited to India; if assignee doesn't exploit the work within 1 year, rights automatically revert to the author.
• First owner (S.17): generally the author; but — employer owns work made during employment under a contract of service; in a photograph/painting/portrait commissioned for valuable consideration, the person commissioning it is the first owner (unless agreed otherwise).
• Relinquishment (S.21): author can give up all/any rights by giving public notice — rights then enter the public domain.

Originality is the sine qua non of copyright law — explain with decided cases.

• Work must originate from the author — not copied — but does not need to be novel or unique (unlike patents).
• "Sweat of the brow" doctrine: independent skill, labour & judgment is enough (older UK approach).
• Modern Indian test — Eastern Book Co. v. D.B. Modak (SC, 2008): a "modicum of creativity" is required, not mere mechanical copying/labour — India adopted a middle path between "sweat of brow" and pure "creativity" standards.

Define Trade Mark. Powers & functions of the Registrar. Procedure for registration. Absolute grounds for refusal. Asked in all 4 papers

• Trade Mark: a mark capable of graphical representation & of distinguishing goods/services of one person from another (includes shape, packaging, combination of colours).
• Registration procedure: Application (S.18) → Examination → Publication in Trade Marks Journal → Opposition window (4 months) → Registration & Certificate → renewable every 10 years.
• Registrar's powers: accept/refuse applications, correct register errors, conduct hearings, decide oppositions, maintain the Register of Trade Marks.
• Absolute grounds (S.9): marks devoid of distinctive character; purely descriptive of kind/quality/origin; customary in trade; marks that deceive the public or hurt religious sentiments; shapes giving substantial value to goods.

Doctrine of Deceptive Similarity — explain with decided cases. Asked in 2/4 papers

• Threefold test: Phonetic similarity (e.g. Amul vs. Amool), Visual similarity (Adidas vs. Abibas), Conceptual similarity (a leaping panther logo mimicking Puma).
• Cadila Health Care v. Cadila Pharmaceuticals (SC, 2001): laid down factors for confusing similarity — nature of marks, degree of resemblance, nature of goods, class of purchasers, mode of purchase.

Short notes: Passing Off · Removal of Trade Marks · Well-known Trade Mark · Remedies for infringement

• Remedies: civil — injunction, damages/account of profits, delivery-up; criminal — S.103/104, imprisonment 6 months–3 yrs + fine; border measures to stop counterfeit imports.

Features of GI & registration procedure in India. Domain name infringement. IP litigation in India.

• Nature: a collective/community right, not individual property — e.g. Darjeeling Tea, Chanderi Sarees. Can never be assigned, sold or licensed to an outsider.
• Term: 10 years, indefinitely renewable.
• Register has 2 parts: Part A (GI itself), Part B (list of authorized users/producers).
• Procedure: Application by an association of producers → examination by GI Registry, Chennai → publication in GI Journal → opposition → registration.
• Domain name infringement: using a confusingly similar domain to ride on another's trademark goodwill — treated as passing off/cybersquatting (Yahoo! Inc. v. Akash Arora, Delhi HC 1999 — domain names get TM-like protection).
• IP litigation in India today: Commercial Courts Act 2015 — S.12A mandates pre-institution mediation unless urgent interim relief is needed; specialized IP Divisions (IPDs) in High Courts now hear all IP matters post-2021 reform.
• Emergency tools: Anton Piller orders (surprise search & seizure), John Doe/Ashok Kumar orders (against unknown infringers), Dynamic+ injunctions (auto-block mirror piracy sites).

Inventions that may not be patented. Procedure for obtaining a patent. Grounds of opposition. Asked in all 4 papers

• S.3(d): mere discovery of a new form of a known substance is non-patentable unless it shows significantly enhanced therapeutic efficacy.
• Case — Novartis AG v. Union of India (SC, 2013): Gleevec patent rejected; better dissolution/stability ≠ enhanced therapeutic efficacy.
• Other bars: S.3(h) methods of agriculture/horticulture; S.3(k) computer programs per se, business/mathematical methods; S.3(p) traditional knowledge (Neem, Turmeric); S.4 atomic energy inventions (absolute bar, national security).
• Registration criteria: Novelty + Inventive Step (non-obvious) + Industrial Applicability.
• Procedure: Filing (provisional/complete specification) → publication at 18 months → Request for Examination (must file within 48 months or application is deemed abandoned) → First Examination Report → pre-grant/post-grant opposition → grant, valid 20 years from filing date.
• Opposition grounds (S.25): prior publication, prior claiming, obviousness, insufficient disclosure, wrongful obtaining, non-patentable subject matter.

Infringement of patent & remedies. Limitations/exceptions to patent rights. Rights of a patentee.

• Infringement: unauthorized making, using, selling, importing the patented invention during the term of protection.
• Civil remedies: injunction, damages/account of profits, seizure/destruction of infringing goods.
• Limitations on patentee's rights: compulsory licensing (S.84 — if reasonable requirements of public not met, e.g. price too high or not "worked" in India within 3 years), government use, Bolar/research exemption, parallel imports.
• Rights of patentee: exclusive right to make/use/sell/import; right to assign/license; right to surrender; right to sue for infringement.

Term & renewal of patent. Powers of the Controller under the Patent Act. International efforts for patent protection. Asked in 2/4 papers

• Term: 20 years from the date of filing — renewed annually by paying prescribed fee (not a separate "renewal," it's annual maintenance fee from year 3 onward).
• Controller's powers: grant/refuse patents, conduct examinations & hearings, decide oppositions, order amendments, direct compulsory licenses, maintain the Register of Patents — quasi-judicial authority under the Act.
• International efforts: Paris Convention 1883 (priority right within 12 months across member states) → Patent Cooperation Treaty (PCT) 1970 (single international filing, simplifies multi-country filing) → TRIPS 1995 (minimum 20-year term standard for all WTO members) → Stockholm Act 1967 (created WIPO to administer these).