Q1.
Define Intellectual Property and explain its importance in the modern
knowledge-based economy. Discuss the features, nature, and forms of IPR in
India.
Intellectual Property (IP):
Intellectual Property refers to the creations of the human mind, such as inventions,
literary and artistic works, symbols, designs, and names used in commerce. These
intangible creations are protected by law through Intellectual Property Rights (IPR).
Importance in knowledge economy:
Encourages innovation and creativity.
Provides economic rewards to creators and inventors.
Strengthens competitiveness of companies and nations.
Promotes foreign direct investment (FDI) and global trade.
Protects cultural heritage and traditional knowledge.
Features of IPR:
1. Intangible in nature – related to ideas, not physical objects.
2. Exclusive rights – only the creator/owner has the right to use.
3. Territorial rights – valid only within the country granting it.
4. Time-bound protection – rights exist for a limited period.
5. Legal recognition – rights can be enforced in courts.
Nature of IPR:
Private right but regulated by public law.
Balances creator’s interest with public welfare.
Encourages disclosure of knowledge.
Forms of IPR in India:
Patents (inventions, technology).
Copyrights (literary/artistic works, films, music, software).
Trademarks (logos, brand names, symbols).
Industrial Designs (appearance, shape, aesthetics).
Geographical Indications (GI Tags) (Darjeeling Tea, Banarasi Saree).
Trade secrets (undisclosed business information).
Plant varieties and farmers’ rights.
Q2. Explain the role of international organizations, treaties, and agreements in
the protection and promotion of Intellectual Property Rights (IPR).
International Role:
Since intellectual creations can be copied or misused across borders, international
cooperation is necessary. Organizations and treaties ensure global recognition of
IPR.
Major International Organizations & Treaties:
1. WIPO (World Intellectual Property Organization): UN agency for promoting
IP worldwide. Administers several treaties.
2. WTO (World Trade Organization): Enforces TRIPS Agreement (Trade
Related Aspects of IPRs) – sets minimum standards for IPR protection.
3. Berne Convention (1886): Protects literary and artistic works (automatic
copyright protection).
4. Paris Convention (1883): Protects industrial property (patents, trademarks).
5. Madrid Protocol: Simplifies international trademark registration.
6. Patent Cooperation Treaty (PCT): Allows filing of international patent
applications.
7. Budapest Treaty: Deals with microbial deposits for patent procedure.
Importance:
Promotes fair trade.
Protects inventors in multiple countries.
Encourages global R&D and investment.
Ensures cultural and technological exchange.
Q3. Explain the purpose and functions of trademarks. Discuss how trademark
rights are acquired in India and differentiate between rights obtained through
use and registration.
Purpose of Trademarks:
A trademark is a sign, logo, word, symbol, or design that distinguishes goods or
services of one enterprise from another.
Functions of Trademarks:
Identifies source of goods/services.
Guarantees quality and builds trust.
Provides legal protection against misuse.
Acts as a marketing tool and brand identity.
Acquisition of Trademark Rights in India:
Through use (common law rights):
o Trademark rights can arise from continuous and extensive usage even
without registration.
o Protected under passing off action.
Through registration (statutory rights):
o Under the Trademarks Act, 1999, registration grants exclusive rights.
o Owner can sue for infringement.
Difference:
Basis Rights through Use Rights through Registration
Source Common law Statutory (Act, 1999)
Protection Passing off action Infringement + passing off
Strength Weaker, needs proof of use Stronger, nationwide protection
Duration Till continued use 10 years, renewable
Q4. Describe the process of trademark registration and protection in India.
Explain the roles of registration, maintenance, watching, and enforcement in
safeguarding trademarks.
Process of Registration:
1. Trademark Search – check if mark already exists.
2. Application Filing – at Trademark Registry (TM-A form).
3. Examination – registry checks distinctiveness.
4. Publication – advertised in Trademark Journal for opposition.
5. Opposition period – 4 months for public objection.
6. Registration – if no objection, certificate issued (valid for 10 years).
Protection Mechanisms:
Registration: Grants exclusive rights to use.
Maintenance: Renewal every 10 years.
Watching: Monitoring new applications to prevent conflicting marks.
Enforcement: Legal action against infringers (civil/criminal remedies).
