Scheme: 2022

Semester: 5th
Course Code: BRMK557
Course Name: Research Methodology & Interlectual Property Rights

Course Instructor: Mr. Mohan B S

Assistant Professor, Dept. of EEE, SJBIT
Email: mohanbs@sjbit.edu.in

Academic Year: ODD_2024-25

BRMK557: RESEARCH METHODOLOGY & IPR Mr. Mohan B S

Dept. of EEE, SJBIT

BRMK557: RESEARCH METHODOLOGY & IPR Mr. Mohan B S

Dept. of EEE, SJBIT

BRMK557: RESEARCH METHODOLOGY & IPR Mr. Mohan B S

Dept. of EEE, SJBIT

 BRMK557: RESEARCH METHODOLOGY & IPR Mr. Mohan B S

CONTENT

Page
SL No TITLE
Num
Industrial Designs
1 Eligibility Criteria 1
2 Acts and Laws to Govern Industrial Designs 1
3 Design Rights 2
4 Enforcement of Design Rights 2
5 Non-Protectable Industrial Designs India 2
6 Protection Term 2
7 Procedure for Registration of Industrial Designs 3
8 Prior Art Search 3
9 Application for Registration 3
10 Duration of the Registration of a Design 4
11 Importance of Design Registration 4
12 Cancellation of the Registered Design 4
13 Application Forms 4
14 Classification of Industrial Designs 5
15 Designs Registration Trend in India 6
16 International Treaties 7
17 Famous Case Law: Apple Inc. vs. Samsung Electronics Co 7
Geographical Indications:
18 Acts, Laws and Rules Pertaining to GI 8
19 Ownership of GI. 9
20 Rights Granted to the Holders. 9
21 Registered GI in India. 9
22 Identification of Registered GI 10
23 Classes of GI. 10
24 Non-Registerable GI 11
25 Protection of GI. 11
26 Collective or Certification Marks. 12
27 Enforcement of GI Rights. 12
Procedure for GI Registration Documents Required for GI
28 12
Registration
29 GI Ecosystem in India. 13

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Case Studies on Patents.

28 Case study of Curcuma (Turmeric) Patent 14
29 Case study of Neem Patent 14
30 Case study of Basmati patent 15
31 IP Organizations In India. Schemes and Programmes 15
32 Question 21

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INDUSTRIAL DESIGNS
The word “Design” is defined as the features of shape, configuration, pattern, ornament or composition of lines
or colours applied to any article. The Design may be of any dimension i.e. one or two or three dimensional or a
combination of these.
In addition, it may be created by any industrial process or means, whether manual, mechanical or chemical,
separate or combined, which in the finished article appeal to and is judged solely by the eye. But the word ‘Design’
does not include any mode or principle of construction or anything which is in substance a merely mechanical
device. The main object of registration of industrial Designs is to protect and incentivize the original creativity
of the originator and encourage others to work towards the art of creativity.

1 ELIGIBILITY CRITERIA
The Design for which the protection is being sought must be novel or original i.e., should not be disclosed
to the public by prior publication or by prior use or in any other way. The Design should be significantly
distinguishable from the already registered Designs existing in the public domain.

2 ACTS AND LAWS TO GOVERN INDUSTRIAL DESIGNS

In India, Industrial Designs are governed under “The Designs Act”, 2000 and “Design Rules”, 2001, which
have been amended from time to time in 2008, 2013, 2014 and 2019. The Design should include the
following characteristics:

• It should be novel and original.

• It should be applicable to a functional article.
• It should be visible on a finished article.
• There should be no prior publication or disclosure of the Design.
FAMOUS INDUSTRIAL DESIGNS
• Coca-Cola Bottle - The contoured-shaped glass bottle of the Coca- Cola Company is
marveled as a master showpiece in the field of industrial design. It was designed in 1915
and is still a cynosure for all eyes.
• Piaggio Vespa–Piaggio-Italian Company's Vespa scooters structural design is pleasing
to the eyes. This two-wheeler has a painted steel body concealing the engine, driver‘s
feet rest comfortably on a flat floorboard, the front vertical portion comprising of a
handle, breaks and speedometer has ample space for hands grip and also provides
protection from incoming wind air.
• iPhone - It is a highly popular mobile phone manufactured by American company Apple.
The sleek, handy and rectangular body is pleasing to the eyes. The corners are round
and smooth. The features, such as on/off and speech volume, are easy to operate.
• Mini Cooper - Mini Cooper is an automobile car manufactured by the British Motor
Corporation in the later part of the 20th century. It is a small size car. Its shape has
been designed in a unique manner so as to provide plenty of space (nearly 80%) for
passenger seating and luggage storage.
• Rocking Wheel Chair - It is a sleek, circular-shaped chair which provides smooth
rocking motion. There is a provision for a headlight in the upper part of the chair.
• Juicy Salif - It is a citrus juice squeezer and considered an iconic structural design.
The alumina-based body has been moulded in the shape of a fish called as a squid

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3 DESIGN RIGHTS
The Design registration also confers a monopolistic right to the Proprietor by which he can legally exclude
others from reproducing, manufacturing, selling, or dealing in the said registered Design without his prior
consent.
The Design registration is particularly useful for entities where the shape of the product has aesthetic value
and the entity wishes to have exclusivity over the said novel and original Design applied to its product(s)
or article(s).

4 ENFORCEMENT OF DESIGN RIGHTS

Once the applicant has been conferred with the rights over a specific Design, he has the right to sue the
person (natural/entity) if the pirated products of his registered design are being used. He can file the
infringement case in the court (not lower than District Court) in order to stop such exploitation and for
claiming any damage to which the registered proprietor is legally entitled.
The court will ensure first that the Design of the said product is registered under the Designs Act, 2000.
If the infringer is found guilty of piracy or infringement, the court can ask him to pay the damage (₹
50,000/-) in respect of infringement of one registered Design.

5 NON-PROTECTABLE INDUSTRIAL DESIGNS INDIA

Industrial Designs conflicting with public moral values
• Any Industrial Design which is against public moral values.
• Industrial Designs including flags, emblems or signs of any country.
• Industrial Designs of integrated circuits.
• Any Design describing the ‘process of making of an article’.
• Industrial Designs of – books, calendars, certificates, forms and other documents, dressmaking patterns,
greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
• The artistic work defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for
registration for Industrial Designs, such as:
• Paintings, sculptures, drawings including a diagram, map, chart or plan.
• Photographs and work of architecture.
• Any other work related to artistic craftsmanship.
• Industrial Designs does not include any Trademark (The Designs Act, 2000).
Designs that are primarily literary or artistic character are not protected under the Designs Act.
These will include: Books, calendars, certificates, forms-and other documents, dressmaking patterns,
greeting cards, leaflets, maps and plan cards, postcards, stamps, medals

6 PROTECTION TERM
The outer “Shape or Design” of a product makes it more appealing and acts as the value-adding factor to
the product. Therefore, there is a need to protect one‘s creation from being used by third parties without
consent from the original creator.
The registered Designs are protected for 10 years in India and can be extended by 5 years after making a
renewal application.

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7 PROCEDURE FOR REGISTRATION OF INDUSTRIAL DESIGNS

8 PRIOR ART SEARCH - Before filing an application for registration of Industrial Designs, it is prudent to
ensure that the same or similar Design has not been registered earlier.
This search can be carried out using various search engines, such as:

• Design Search Utility (CGPDTM)

• Global Design Database (WIPO)
• Design View (EUIPO) etc.
9 APPLICATION FOR REGISTRATION - Once the applicant is satisfied that his Design is novel and
significantly distinguishable from other Designs, he/she can proceed with filing an application for Design
registration. The application for registration of Design can be filed by an individual, small entity, institution,
organization and industry.

The application may be filed through a professional patent agent or legal practitioner.
If the applicant is not a resident of India, an agent residing in India has to be employed for this purpose.
The applicant submits the registration application at the Design Office.

After the application has been filed, an officer (examiner) analyses the application for qualifying the
minimum standards laid down for eligibility criteria for registration. In case of any query, the same is sent
to the applicant and he is supposed to respond within 6 months from the objection raised. Once the
objections are removed, the application is accepted for registration.

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The particulars of the application, along with the representation of the article, are published in the Official
Journal of Patent Office. If no objection is received from the public, the Design is registered. After the
registration of the Design, the applicant becomes the proprietor of the Design and is conferred with the
exclusive right to apply that Design to the article belonging to the class in which it is registered. The
applicant puts up a request for issuance of a certificate of registration (for an Industrial Design).

10 DURATION OF THE REGISTRATION OF A DESIGN

Initially, the Design registration is valid for 10 years from the date of registration. In the case wherein the
priority date has been claimed, the duration of the registration is counted from the priority date. The period
of registration may be extended further for five years. An application has to be made in Form-3
accompanied by prescribed fees to the Controller General before the expiry of the said initial period of 10
years.

11 IMPORTANCE OF DESIGN REGISTRATION

Registration of Design ensures the exclusive rights of the applicant on the Design. The owner can prevent
the registered Design products from piracy and imitation. This helps the owner to boost the sale of the
products and establish goodwill in the market.

12 CANCELLATION OF THE REGISTERED DESIGN

The registration of a Design may be cancelled at any time. The petition has to be filed in Form-8 with
prescribed fee to the Controller of Designs. The application can be made on the following grounds:

• Design has already been registered.

• Design has been published in India or elsewhere before the date of registration.
• Design is not novel and original.
• It is not a Design under Clause (d) of Section 2.

13 APPLICATION FORMS
List of important forms related to Industrial Design

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14 CLASSIFICATION OF INDUSTRIAL DESIGNS

Designs are registered in different classes as per the Locarno Agreement, 1968. It is used to classify goods
for the registration of Industrial Designs as well as for Design searches. The classification comprises a list
of classes and subclasses with a list of goods that constitute Industrial Designs. There are 32 classes and
237 subclasses that can be searched in two languages i.e. English and French.

Below table lists the 32 classes under the Locarno Classification for industrial designs, as used in India:

Class 1 - Hand tools and implements Class 17 - Musical instruments

Class 2 - Kitchen utensils Class 18 - Sporting articles
Class 3 - Articles of daily use Class 19 - Games, toys, and playthings
Class 4 - Clocks and watches Class 20 - Devices for the handling of food or drink
Class 5 - Building materials Class 21 - Foodstuffs or beverages (packaging)
Class 6 - Furnishings Class 22 - Tobacco and smokers’ articles
Class 7 - Household goods Class 23 - Pharmaceutical and cosmetic products
Class 8 - Tools and hardware Class 24 - Agricultural and horticultural products
Class 9 - Clocks and watches Class 25 - Devices for lifting, handling, or
transport
Class 10 - Machines and apparatus Class 26 - Firearms and munitions
Class 11 - Paper and office supplies Class 27 - Medical or veterinary instruments
Class 12 - Means of transport or hoisting Class 28 - Decorative arts and objects of art
Class 13 - Articles of clothing and haberdashery Class 29 - Graphic symbols and logos
Class 14 - Articles of personal adornment Class 30 - Surface treatment of materials
Class 15 - Articles for the care or treatment of the Class 31 - Special industries and devices
person
Class 16 - Brushes and articles for cleaning Class 32 - Miscellaneous or unclassified products
purposes

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15 DESIGNS REGISTRATION TREND IN INDIA

Below figure represents the statistics for Industrial Designs (filed, examined and registered) for the period
2010-20. During this period, an increase of 88%, 117% and 33% was observed in the parameters of Designs
filed, examined and registered, respectively. In all three parameters, the graph depicts a similar pattern
(more or less) with the highest numbers observed in 2019-20 for Designs filed (12,268), examined (13,644)
and registered (14,272).

16 INTERNATIONAL TREATIES
The WIPO has put in place two important treaties (international) dealing with the smooth functioning of
various aspects of Industrial Designs:
➢ Hague Agreement for international registration (1925)

• India became a member of the Hague Agreement for International Registration of Industrial
Designs in 2000. This treaty allows Indian designers to register their designs in multiple
member countries through a single application. By adhering to the Hague Agreement, India
streamlined the process of obtaining international protection for industrial designs, providing
Indian creators with easier access to global markets and enhancing their ability to safeguard
their intellectual property worldwide.

➢ Locarno Agreement (1968) for international classification

• India became a member of the Locarno Agreement in 1999, which established an international
classification system for industrial designs. The agreement helps categorize designs into
specific classes, simplifying the registration and protection process across member countries.
By adhering to the Locarno Classification, India aligns its design classification system with
international standards, enabling Indian designers to access global markets more efficiently and
ensuring greater consistency and clarity in the protection of industrial designs worldwide.

17 FAMOUS CASE LAW: APPLE INC. VS. SAMSUNG ELECTRONICS CO

In 2011, Apple Inc. filed a case against Samsung Electronics Co. in the United States District Court of
California for infringing their Designs and Utility Patents of the user interface like screen app grid and tap
to zoom. As evidence, Apple Inc. submitted the side-by-side image comparison of the iPhone 3GS and the
i9000 Galaxy S to demonstrate the alleged similarities in both models. However, later it was found that the
images were tempered by the Apple Company to match the dimensions and features of the controversial
Designs. So the counsel for Samsung Electronics blamed Apple of submitting false and misleading
evidence to the court and the company countersued the Apple Company in Seoul, South Korea; Tokyo,

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Japan; and Mannheim, Germany, United States District Court for the District of Delaware, and with the
United States International Trade Commission (ITC) in Washington D.C. The proceedings continued for
the 7 years in various courts. In June 2018 both companies reached for a settlement and Samsung was
ordered to pay $539 million to Apple Inc. for infringing on its patents.

The revised fees structure vis-à-vis the old scheme is given in Table below

Source: https://dpiit.gov.in/sites/default/files/annualReport_English_20August2024.pdf
Global Innovation Index (GII)
The 16th edition of GII 2023 ranking has been released on 27th September, 2023. India’s rank in the Global
Innovation Index (GII) has improved from 81st in GII 2015 to 40th in GII 2023.
In GII 2023, India topped among 37 lower middle income economies, maintained 1st rank in Central and
Southern Asia region ( Afghanistan, Bangladesh, Bhutan, India, Kyrgyzstan, Kazakhstan, Maldives, Nepal,
Pakistan, Sri Lanka, Tajikistan, Turkmenistan, and Uzbekistan.) and continued as a record holder by being
innovation over performer for a 13th consecutive year. Further, India leapfrogged from 34th position in GII
2022 to 22nd position in GII 2023 in the pillar ‘knowledge and technology outputs’ that, inter alia, incudes
patents creation and Intellectual Property receipts.

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GEOGRAPHICAL INDICATIONS
GEOGRAPHICAL INDICATIONS
In every country, there are certain regions famous for their traditional knowledge/heritage in various
sectors, such as agriculture, food products, textiles, etc. The reputation of these products was built upon
and maintained by the experts/masters of respective geographical locations. The know-how of these reputed
products was passed onto future generations. With the passage of time, a specific link between the goods
produced and geographical location evolved, resulting in the growth of Geographical Indications (GI).
A GI is defined as a sign which can be used on products belonging to a particular geographical
location/region and possesses qualities or a reputation associated with that region.
Examples of Geographical Indications in India:
India has several GI-tagged products, which are protected under the Geographical Indications of Goods
(Registration and Protection) Act, 1999.
Here are some famous GIs in India:
1. Darjeeling Tea (West Bengal)
o Origin: Darjeeling region in West Bengal.
o Unique: Known for its distinctive flavor, light aroma, and color. It is often referred to as the
"champagne of teas."
2. Kancheepuram Silk Sarees (Tamil Nadu)
o Origin: Kancheepuram, Tamil Nadu.
o Unique: Famous for their rich texture, zari work, and vibrant colors, these sarees are made using
traditional handloom techniques.
3. Mysore Pak (Karnataka)
o Origin: Mysore, Karnataka.
o Unique: A sweet dish made of ghee, sugar, and gram flour.
4. Nagpur Oranges (Maharashtra)
o Origin: Nagpur, Maharashtra.
o Unique: Known for their tangy, sweet flavor and juiciness, these oranges are famous throughout India.
5. Basmati Rice (Haryana, Punjab, and Uttarakhand)
o Origin: Primarily from the Himalayan foothills, especially in Haryana, Punjab, and Uttarakhand.
o Unique: Famous for its long grains, aromatic fragrance, and fluffy texture when cooked.
6. Agra Petha (Uttar Pradesh)
o Origin: Agra, Uttar Pradesh.
o Unique: A translucent, sugary delicacy made from ash gourd, popular for its soft and chewy texture.
7. Pondicherry's Coir Products (Puducherry)
o Origin: Puducherry.
o Unique: Handmade products like mats, carpets, and handicrafts made from coconut coir.
8. Kashmir Pashmina (Jammu & Kashmir)
o Origin: Kashmir.
o Unique: High-quality wool used to make luxurious shawls, known for their softness and warmth.

GIs Worldwide:
GIs are also important internationally. Famous examples include:
• Champagne (France): Sparkling wine produced in the Champagne region of France.
• Parmigiano Reggiano (Italy): Cheese made from cow’s milk, produced in specific regions of Italy.

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• Swiss Watches (Switzerland): High-quality timepieces from Switzerland.

ACTS, LAWS AND RULES PERTAINING TO GI
In India, GI was introduced in 2003 and is governed under the “Geographical Indications of Goods
(Registration & Protection) Act, 1999” and the “Geographical Indications of Goods (Registration &
Protection) Rules, 2002”.

OWNERSHIP OF GI
The ownership/holders of GI (registered) can be of the producers, as a group/ association/ cooperative
society or association or in certain cases, government.

RIGHTS GRANTED TO THE HOLDERS

Right to grant the license to others - The holder has the right to gift, sell, transfer/grant a license, mortgage
or enter into any other arrangement for consideration regarding their product. A license or assignment must
be given in written and registered with the Registrar of GI, for it to be valid and legitimate.
Right to sue - The holder of GI has the right to use and take legal action against a person who uses the
product without his consent.
Right to exploit - The holder of GI can authorize users with exclusive right to use goods for which the GI
is registered.
Right to get reliefs - Registered proprietors and authorized users have the right to obtain relief concerning
the violation of such GI products.

REGISTERED GI IN INDIA
GI products registered in India belong to the domains of handicrafts, agricultural, food stuffs, alcoholic
beverages, etc.
• The first GI tag was granted in 2004 to Darjeeling Tea and the latest being Kashmir Saffron and
Manipur Black rice (Chakhao) in May 2020.
• A total of 370 GI have been registered in India till May 2020.
• Nearly 58% of these belong to handicrafts, followed by agriculture (30%).
• Other categories belong to food stuff, manufacturing, and natural goods.
• In Handicraft category, Tamilnadu holds the maximum number (21) of GI followed by Uttar Pradesh
(20) and Karnataka (19)

List of popular GIs registered in India

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IDENTIFICATION OF REGISTERED GI
• Registered GI products are granted a tag, which is printed on the registered products. The tag confirms
the genuineness of the product in terms of its production (by set standards) and location of production.
• Non-registered GI products cannot use/exploit this tag. By and large, GI tags represent the place of
origin (of the product) along with cultural and/or historical identity e.g. Darjeeling Tea, Mysore Silk,
Tirupathi Laddu, etc.
• In India, GI tags are issued by the Geographical Indication Registry under the Department for
Promotion of Industry and Internal Trade, Ministry of Commerce and Industry. The head of GI registry
is at Geographical Indications Registry Intellectual Property Office Building, Industrial Estate, G.S.T
Road, Guindy, Chennai - 600032.
• GI registered products can be grown/produced in any part of the world using standards laid down by
the GI Registry. However, these products cannot be labelled as GI as they are not produced/
manufactured in a specific geographical location, as mentioned in the official records maintained by
the GI Office of GI.
For example, plants of Darjeeling Tea can be grown in any part of India. But the tea leaves of these plants
cannot be sold under the brand name of Darjeeling Tea, as the concerned plants were not grown in the soil
& climate of Darjeeling area

CLASSES OF GI
GI certified goods are classified under 34 different classes, such as Class 1 is for chemicals used in industry,
science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed
plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical
substances for preserving foodstuffs; tanning substances; adhesives used in industry. Class 33 is for
alcoholic beverages (except beers) and Class 34 is related to tobacco, smoker’s articles, and matches.

Class
Category Products Example
No.
1 Agricultural Products Darjeeling Tea, Basmati Rice, Nagpur Oranges
2 Natural Products Kashmir Pashmina, Kesar Mango, Channapatna Toys
3 Manufactured Goods Mysore Pak, Agra Petha, Kancheepuram Silk Sarees
4 Handicrafts Madhubani Paintings, Kutch Embroidery, Sanganeri Prints
5 Foodstuffs Tirunelveli Halwa, Kolkata Rasgulla, Bikaneri Bhujia
6 Wines and Spirits Champagne (France), Scotch Whisky (Scotland)
7 Textiles Bandhani Sarees, Kashmir Woolen Carpets, Ponduru Khadi
8 Handloom Products Khadi, Naga Shawl
9 Leather Products Agra Leather, Kanpur Leather
10 Wooden Products Saharanpur Wooden Crafts
11 Metal Products Bidriware (Karnataka), Brassware (Moradabad)
12 Ceramics & Pottery Khurja Pottery (Uttar Pradesh), Blue Pottery (Jaipur)
13 Traditional Craft Goods Lambani Embroidery, Channapatna Toys
14 Stone & Marble Products Udaipur Marble, Jaisalmer Stones
15 Musical Instruments Tanjore Dolls, Veena (South India)
16 Instruments for Cultivation Kulu Valley's Musical Instruments, Wooden Spades
17 Paintings Warli Paintings, Madhubani Paintings, Kalamkari
18 Carpets and Rugs Kashmir Woolen Carpets, Bhadohi Carpets
19 Paper Products Coimbatore Handmade Paper
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20 Glassware Firozabad Glassware

21 Gems & Jewellery Kanchipuram Gems, Orissa Palaquiem Stones
22 Perfumed Products Attar (perfume from Kannauj, UP)
23 Food & Drink Kerala Banana Chips, Nilgiri Tea
24 Vegetable Products Mangoes of Malihabad, Tapioca from Kanyakumari
25 Spices Guntur Chilli, Kerala Cardamom
26 Oils Coconut Oil (Kerala), Mustard Oil (Rajasthan)
27 Honey & Other Beverages Kashmir Honey, Neera (Palm Juice)
28 Pickles & Sauces Mango Pickle (Andhra), Tamarind Sauces (Tamil Nadu)
29 Pulses and Other Grains Green Gram (Haryana), Red Lentils (Bihar)
30 Vegetables Carrot of Gwalior, Red Tomato of Solapur
31 Fruits Apple from Himachal Pradesh, Litchi from Bihar
Herbal and Medicinal
32 Aloe Vera from Rajasthan, Herbal Tea from Assam
Products
33 Processed Food Products Peanut Butter (Madhya Pradesh), Cocoa Butter
34 Animal Husbandry Products Kangra Cheese, Sheep Wool from Meghalaya

NON-REGISTERABLE GI
For GI registration, the indications must fall within the scope of section 2(1) (e) of GI Act, 1999. Being so,
it has to also satisfy the provisions of Section 9, which prohibits registration of a GI mentioned below:

The use of which would be likely to deceive or cause confusion.

The use of which would be contrary to any law.

Which comprises or contains scandalous or obscene matter

Which comprises or contains any matter likely to hurt sentiments of society.

Religious susceptibilities of any class or section of the citizens of India.

Which are determined to be generic names or indications of goods and are, therefore, not or ceased to be
protected in their country of origin or which have fallen into disuse in that country.

PROTECTION OF GI
The IP rights to GI are enforced by the court of law of the concerned country. The GI registration of a
product has certain advantages. It enables to identify pirated/non-genuine stuff, provides more commercial
value to the product, and also strengthens the case if it reaches the judicial courts.
➢ The two common methods of protecting a GI are: Sui generis systems (i.e. special regimes of protection)
and under certification or collective mark systems.
Many countries, including India to protect GI by using the sui generis system.

This decision was taken after the TRIPS agreement (1995) and an option was given to the countries to
choose either TRIPS standards or the sui generis system. This was decided by considering the fact that
every country has different legislation and geographical structures & resources. Therefore, this system is
not uniform in all countries and varies according to the jurisdiction and legislation of the particular country.

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COLLECTIVE OR CERTIFICATION MARKS

Certification marks aim to certify the products comply with specific quality standards irrespective of their
origin. These standards include permitted materials and manufacturing methods. Therefore, the purpose of
certification marks is to distinguish certified goods from non-certified ones.
Collective marks are owned by associations ensuring compliance with the agreed standards. Collective
marks signify that a good or service originates from a member of a particular association. The Collective
mark is used by cooperating enterprises that have agreed to comply with defined quality standards for goods
or services that share common characteristics

ENFORCEMENT OF GI RIGHTS
The rights to GI protection are typically enforced by the court of law. The sanctions provided could be civil
(injunctions restraining or prohibiting unlawful acts, actions for damages, etc.), criminal, or administrative.

PROCEDURE FOR GI REGISTRATION

Prior to filing an application for registering GI, it is prudent to search whether the concerned GI is already
protected or not. This can be done by using search engines created by WIPO
https://www.wipo.int/ipdl/en/search/lisbon/search-struct.jsp where “Search of Appellations of Origin and
Geographical Indications” both can be conducted.
Once the prior search for registered GI is done, the applicant has to file an application. The application for
GI can be forwarded by an individual or an organization or authority of people established under Indian
law. The application in a prescribed format is submitted to the Registrar, Geographical Indications along
with the prescribed fee.

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DOCUMENTS REQUIRED FOR GI REGISTRATION

Details about the applicant‘s name, address and particulars.

Application form GI-1A.

Statement about the designated goods being protected under GI.

Class of goods.

Affidavit to establish the claim of genuinely representing the interest of the

producers.

Characteristics of GI.

The special human skill required (if any).

GI ECOSYSTEM IN INDIA
India is among the geographically and traditionally rich countries. The scope of generating GI products in
India is enormous. These products can contribute to the economic development of a particular region or
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society. However, till June 2021, a total of 370 GI have been registered in India, which is much below its
potential. Figure 2.13 represents the statistics for GI (filed, and registered) for the period 2010-20.
Maximum number (148) of GI were filed in 2011-12 whereas, minimum number (17) was observed in
2015-16. Not much change in the number of GI registrations was observed during the period 2010-20. Each
year the number hovered around in the twenties, with maximum registrations (34) seen in 2016-17.

CASE STUDIES ON PATENTS

1 Case Study Of Curcuma(Turmeric)patent
Turmeric, a tropical herb cultivated in the eastern regions of India, finds versatile applications within the country.
Among its various uses, turmeric powder is extensively employed in India for medicinal, culinary, and dyeing
purposes. It serves as a blood purifier, aids in treating common colds, and exhibits anti-parasitic properties for
managing several skin infections. Additionally, it plays an indispensable role as a key ingredient in numerous
Indian dishes.

In 1995, the University of Mississippi medical center was granted a patent by the United States for the wound
healing properties of turmeric. The patent encompassed the utilization of "turmeric powder and its administration,"
encompassing both oral and topical applications, for the purpose of wound healing. This exclusive right granted
the authority to sell and distribute products based on this patent.

However, this patent was met with opposition from the Indian Council for Scientific and Industrial Research
(CSIR), which contested the patent and presented well-documented evidence of prior usage of turmeric for similar
purposes. Although turmeric's healing properties were widely known and practiced in Indian households for
generations, unearthing published information specifically detailing the use of turmeric powder for wound healing
through both oral and topical methods proved to be a challenging endeavor. After extensive research, a total of 32
references were located in various languages, including Sanskrit, Urdu, and Hindi, establishing the historical use
of turmeric for wound healing.

Consequently, the patent was revoked by the United States Patent and Trademark Office (USPTO). The USPTO
reasoned that the claims made in the patent were obvious and anticipated, acknowledging that the utilization of
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turmeric for wound healing was an ancient practice. This ruling not only protected the traditional knowledge (TK)
inherent to India but also affirmed that the healing attributes of turmeric were firmly rooted in historical wisdom.

2 Case study of Neem Patent

The initial application for a patent concerning Neem was submitted by W.R. Grace and the Department of
Agriculture of the USA to the European Patent Office. This patent pertained to a technique for managing fungal
issues on plants, involving the application of a formulation containing Neem oil to the fungi. India responded by
raising legal objections against the patent's approval.

The initial application for a patent concerning Neem was submitted by W.R. Grace and the Department of
Agriculture of the USA to the European Patent Office. This patent pertained to a technique for managing fungal
issues on plants, involving the application of a formulation containing Neem oil to the fungi. India responded by
raising legal objections against the patent's approval. The opposition to the patent's issuance was lodged by the
Research Foundation for Science, Technology, and Ecology (RFSTE), based in New Delhi. This effort was
undertaken in collaboration with the International Federation of Organic Agriculture Movements (IFOAM) and
Magda Aelvoet, a former green Member of the European Parliament (MEP).

The Neem tree, deeply ingrained in India's heritage, boasts an array of powerful compounds, prominently including
azadirachtin found in its seeds. This tree finds extensive application, serving as an astringent across various
domains. Its bark, leaves, flowers, and seeds are harnessed for treating an array of conditions, ranging from leprosy
to diabetes, skin ailments, and ulcers. For generations, Neem twigs have been utilized as antiseptic toothbrushes.
Opponents of the patent provided historical evidence from ancient Indian Ayurvedic texts that outlined the use of
hydrophobic extracts from Neem seeds for centuries. These extracts were documented as effective in treating
dermatological conditions in humans and in safeguarding agricultural plants against fungal infections.

Upon review, the European Patent Office (EPO) recognized deficiencies in terms of novelty, inventive progression,
and potential prior art in relation to the patent. Consequently, the patent was invalidated. In addition to this, multiple
recent US patents have been issued for Neem-based emulsions and solutions.

3 Case study of Basmati patent

The United States Patent Office granted a patent to 'RiceTec' for a specific strain of Basmati rice, an aromatic rice
variety cultivated in India and Pakistan for many centuries. Rice holds the position of a primary dietary staple
across a significant portion of Asia, particularly in countries like India and Pakistan. Over the course of history,
farmers in this region painstakingly developed, nurtured, and preserved a diverse array of more than a hundred
thousand distinct rice varieties, tailored to various preferences and requirements.

In their patent application submitted in 1997, Ricetec openly acknowledged that high- quality Basmati rice
traditionally originates from northern India and Pakistan. The application even acknowledged that in some regions,
the term "Basmati" exclusively pertains to rice grown in these two countries. Despite this acknowledgment, the
company proceeded to assert that they had invented unique "novel" Basmati lines and grains that facilitated the
production of superior, higher-yielding Basmati rice on a global scale.

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In response, the Indian Government contested only three out of the twenty claims presented in RiceTec Inc.'s
original patent application. The focus of the challenge was exclusively on claims related to specific characteristics
of Basmati rice, notably starch index, aroma, and grain dimensions.

It's important to note that the World Trade Organization (WTO) Agreement doesn't mandate countries to grant
patent protection to plant varieties. Rather, it requires countries to establish legislative measures for the protection
of plant varieties in some manner, not necessarily through patents. However, the United States, being a strong
advocate of patent protection for plant varieties, allowed for the patent application to proceed.

RiceTec's patent encompassed the protection of three strains developed by the company, enabling them to label
their strain as "Superior Basmati Rice." In this Basmati case, RiceTec achieved this patent by introducing
crossbreeding with Western strains of rice, subsequently asserting this altered strain as their inventive creation.
This case exemplifies the challenges highlighted in the Trade-Related Aspects of Intellectual Property Rights
(TRIPS) agreement concerning the patenting of biotechnological processes.

IP Organizations In India. Schemes and Programmes

IP ORGANIZATIONS IN INDIA
DPIIT has a dedicated and robust Office of the Controller General of Patents, Designs and Trade Marks
(CGPDTM) for formulating as well as implementation of the policies, rules and regulations pertaining to
IPR. In addition, DPIIT also undertakes the following IPR-related activities:
Modernization and strengthening of Intellectual Property Office.
Strengthening of physical infrastructure.
Enhancement of human resources.
Expansion of physical infrastructure at Delhi, Mumbai, Kolkata and Chennai.
IT up-gradation.

a) Intellectual Property Appellate Board (IPAB)

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In 2003 Government of India established Intellectual Property Appellate Board (IPAB), a statutory body under
DPIIT, under the provisions of the Trademarks Act, 1991. The Board used to hear appeals against the decisions of
the Registrars of Trademarks and Geographical Indications, and Controller of Patents. The Copyright
Office of GoI had created a dedicated Board to determine the reasonable rates or royalties, licensing and assessment
of compensation. In the year 2017, the Copyright Board and Plant Varieties Protection Appellate Tribunal were
merged with IPAB and functions in accordance with their respective Acts and Rules.

b) Office of the Controller General of Patents, Designs & Trademarks (CGPDTM)

This office is the most important component of the IP regime in India. It supervises the functioning of the following
IP offices:
The Patent Offices at Chennai, Delhi, Kolkata & Mumbai.
The Patent Information System (PIS) and Rajiv Gandhi National Institute of Intellectual Property Management
(RGNIIPM) at Nagpur.
The Trademarks Registry at Ahmadabad, Chennai, Delhi, Kolkata & Mumbai.
The Geographical Indications Registry (GIR) at Chennai.
The Copyright Office at Delhi.
The Semiconductor Integrated Circuits Layout-Design Registry at Delhi.

Salient features of CGPDTM are:

The office of CGPDTM administers all the Acts and laws related to Patents, Trademarks, Industrial Designs,
Geographical Indications, Copyrights and Semiconductor Integrated Circuits Layout-Design Registry.
Applicants can file their applications related to Patents, Designs, Trademarks, GI through E gateway.
The office has designed a dedicated public search engine to search the details of the registered IP and the status
of the applications filed. These search engines are available free of cost for the public at large.

The office publishes official journals of Patents, Trademarks and GI every week, which contain the details of
applications published, abandoned, First Examination Report (FER) and Patents granted by the controller general.
The details and amendments in the Rules and Acts are administered by the office and the same is notified by the
Office on a regular basis.
The Office publishes an annual report every year containing statistics about all IPs. The report also contains
information regarding the international applications filed and granted in India through PCT and Conventions.
The Office notifies the vacancies for “Patent Examiners” and holds the exams of “Patent Agents” from time to
time.

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Organizational structure of IPR regime in India

c) Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM)

This institute has been established as a national "Centre of Excellence" for training, management, research,
education in the field of IPR, in Nagpur. Additionally, the institute addresses the need of increasing the general
awareness and understanding of the government officers and users of IP systems in universities and other
educational institutions. Salient activities of the institute are:

The institute researches various aspects of IP and prepares study reports and policy analysis papers on the subject
of current relevance for policy and lawmakers. It conducts research in the field of IP on several socio-economic
parameters, strata of the society, technological fields, R&D trends, etc. to find the gaps in the IP ecosystem in India.
Based on the research conducted, discussion with experts of IP laws and other concerned stakeholders, the
institute lays down policy recommendations for the government, SMEs, industries and universities in India.
The institute proposes three-month diploma course, six months and one-year Post Graduate Diploma course in
Intellectual Property Law.
The institute conducts time to time training for the students and IP professionals for awareness and sensitizes
them about the significance of IPR.
The training of IP examiners is conducted to make them proficient as per the international standards. The institute
also collaborates with WIPO for organizing training programmes in India.
The institute also organizes IP Awareness/Campaign in the country in collaboration with IP Offices, Government
Organizations and R&D Institutions.

d) Cell for IPR Promotion and Management (CIPAM)

CIPAM, a professional body under DPIIT, has been established for addressing the objectives of IPR Policy
especially creating awareness about IPR among all strata of life i.e. educational institutions, industries (primarily
small scale industries), and general public and professional bodies like the police, lawyers, etc.

2. National Research Development Corporation (NRDC), New Delhi

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NRDC, an enterprise of Department of Scientific & Industrial Research (DSIR), GoI, was set up in 1953 with a
mandate to develop, promote and transfer/commercialize IP and technologies emanating from Higher Education
Institutes (HEIs), R&D laboratories/institutions and Public Sector Undertakings (PSUs).
a) Intellectual Property Facilitation Centre (IPFC)
It is a joint project of NRDC and MoMSME with a mandate to create awareness and adoption of IPR by the
entrepreneurs and the MSMEs. The IP related services offered by IPFC include:

Prior Art Search and Preliminary Patentability Assessment.

Patent Filing Support for filing with the provisional specification or/and with complete specification.
Advice for filing Patents in other countries.
Advice on examination reports and queries for the Indian Patent Office.
Post-Grant Support.
Support for Infringement Proceedings, Opposition Proceedings, etc.
Technology Transfer Agreements and Patent Valuation.
Technology Marketing and Licensing.

IPFC also provides guidance and assistance in the preparation of documents required for registration of Copyrights,
Trademark, Industrial Designs, and Geographical Indications.

b) Start-ups IP Protection (SIPP)

This is a scheme launched by DPIIT, GoI to assist start-ups in filing applications for Patents, Designs and
Trademarks through registered facilitators. NRDC plays a significant role in this scheme by providing services and
guidance to budding start-ups in their innovative plans and IP related matters.
NRDC provides supports under this scheme in following ways:

Providing general advisory on different IP on a pro bono basis.

Providing information on protecting and promoting IPR to start-ups in other countries on a pro bono basis.
Assisting in filing & disposal of the IP applications related to Patents, Trademarks and Design under relevant
Acts at the national IP offices under the CGPDTM.
Drafting provisional & complete Patent specifications for inventions of start-ups.
Preparing and filing responses to examination reports and other queries, notices, or letters issued by the IP office.
Appearing on behalf of start-up at hearings.
Contesting opposition, if any, by other parties.
Ensuring final disposal of the IPR application.

c) Innovation Facilitation Centres (IFCs)

On behalf of DSIR, NRDC has set up 6 IFCs in the universities under “Programme for Inspiring Inventors and
Innovators” (PIII). The mandate of IFCs is to sensitize the students, research scholars and faculty members about
IP related issues by organizing seminars and workshops on IP and technology transfer.
Main Objectives of IFCs are:

To promote area-specific technologies for the industries by utilizing the R&D capabilities of the host institutions
in the region.
To provide value-added services in terms of IP management & technology commercialisation for making
commercial products from the R&D of institutions of the region.
To act as a potent resource of IP-protected technologies to help the manufacturing sector of the country in
developing new products and services based on the innovative technologies available through the IFCs.

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To provide IP protection and management services and facilitate technology transfer and commercialization.

SCHEMES AND PROGRAMMES

1. IP Consultancies - Academia/R&D institutes and industries are at the forefront of knowledge creation and
scientific activities. With innovation as a central theme, NRDC provides consultative services in
drafting/formulating innovation, technology transfer and IP policy of their respective organizations.
2. Technology Landscaping - NRDC helps stakeholders in technology landscaping analysis in which it helps to
understand the market evaluation of a particular technology as well as the latest developments involving such
technology. NRDC is financing programmes like Programme for Inspiring Inventors and Innovators (PIII) and
Programme for Development of Technology Inspiring for Commercialization (PDTC). The main features of the
programmes are mentioned below:
a) Programme for Inspiring Inventors and Innovators:

Promotion & Propagation of Inventions and Innovations.

Prize Award to Meritorious Inventions and open-source Technologies.
Innovate India Conference.
Intellectual Property & Innovation Facilitation.
Intellectual Property and Technology Facilitation Centre (IPFC).
NRDC-University Facilitation Innovation Centres.
Patent Seminars, Patent Search.
On-Line IPR & Knowledge Management Courseware for Certificate Programme.

b) Programme for Development of Technology Inspiring for Commercialization:

Digital Portal and Membership & Subscription.

Basic Engineering Design Package.
Market Survey on assigned technologies.
Development Projects and value addition for priority projects.
Promotion of Innovation in Rural & North East Region.
Entrepreneurship Development Programme in backward and rural areas through Innovative Appropriate
Technology.

3. ASEAN-India - Under the overall aegis of the ASEAN India Science, Technology and Innovation Cooperation
Program, NRDC has developed a portal, ASEAN-India Innovation Platform (Research Innovation Component).
NRDC shall create and develop a databank of technologies/ Innovations, etc. available in India and the ASEAN
Members States under a single platform and make it available for transfer and commercialization for Indian as well
as ASEAN entrepreneurs. The main objectives of the portal are:

Creation of extensive database/research work and IPs.

Creation of a single platform to access the technologies developed in India and ASEAN countries.
Facilitation of technology seekers and technology owners through an interactive and dynamic portal.
Bridging the technological gap between inventor, industry, manufacturers & academia of ASEAN countries.
Helping the member countries in networking with people to share ideas, experiences, problems faced and their
solutions.
To work as a single source of information for ASEAN countries about inclusive innovation, sectors, such as
health, education, food & agriculture, environment and natural resources, science and technology, etc. are the thrust
area.
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Helping at networking the industries of ASEAN and India with the IP knowledge bases for employment and
wealth creation.

Questions

1. Define Industrial Design. What are its eligibility criteria? Mention the design characteristics.

2. Explain few famous industrial designs.

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3. Mention few Non-Protectable Industrial Designs in India.

4. With flowchart, explain the procedure for registration of industrial designs.

5. Define Geographical Indications. Describe the rights granted to the GI holders.

6. List few famous GI s registered in India.

7. Mention few Non-Registerable GI.

8. Briefly explain two common methods of protecting a GI.

9. With flowchart, explain the procedure for registration of GI.

10. Mention few IPR related activities conducted by DPIIT.

11. List the categories of IPR governed & administered by DPIIT.

12. Describe the salient features of CGPDTM.

13. Mention the services offered by IPFC.

14. Mention the support provided by NRDC under SIPP scheme.

15. Mention the main features of NRDCs PIII and PDTC programmes.

16. Describe the main objectives of ASEAN portal.

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