1.

NATIONAL TREATMENT : is one of the fundamental principles in the international conventions protecting
intellectual property. It is established in the most important conventions as, e.g., in the Paris Convention,
the Berne Convention, the Rome Convention, the Universal Copyright Convention, TRIPS, NAFTA and the
WPPT, also in the WCT that under its Article 3 makes Articles 2 6 part of the WCT. There are only a few
conventions not applying the national treatment principle, such as, the Geneva Phonograms Convention and
the Brussels Satellite Convention, and those do not confer private rights to the beneficiaries who shall be
protected, but leave it to the Contracting States to choose the legal means of protection. National
treatment is the simple and ingenious solution to solve the problem of worldwide protection for creative
inventors and authors. According to the principle of territoriality, countries can grant protection only within
the boundaries of their own territory. Worldwide protection can be provided only by international treaties
having as members the greatest possible number of countries.
2.PUBLICATION : 1) Publication charges will be paid only for those articles which have been routed through
the Publication Committee and approved by the Director. 2) Waiver of charges for all publications should
be sought from publishers as far as possible. 3) The printing cost of color figures is very high. Keeping
budget considerations in view, printing of colored figures are discouraged. However, charges for color
printing can be paid for figures appearing in articles which are published in journals having impact factor of 6
and higher. In this case too, the authors are urged to use their better sense of judgment and
void printing those figures in color which can be printed in black and white readily with no loss of any data
information (e.g. instead of using colored line plots, black lines with different styles can be employed, surface
plots having two colors can be readily represented by black and grey shades).
3.CINEMATOGRAPH FILM: Cinematograph film includes the sound track, if any. It also includes any work
produced by any process analogous to cinematography. A video film is considered to be a work produced by a
process analogous to cinematography. A movie may be taken of a live performance like sport events, dramatic
or musical performance. In the case of cinematography film, copyright means the right to do or authorize
the doing of any of the following acts, namely- 1.to make copy of the film; 2.to cause the film, in so far
as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public;
3.to make any record embodying the recording in the part of the sound track associated with the film by
utilizing such sound track; 4.to communicate the film by broadcast.
4.WELL KNOWN TRADE MARK The wording of the Article 6bis of the Paris Convention and(or) Art. 16(2) of the
TRIPS Agreement as well as the Article 4(2)(d)of the Trade Mark Directive refers to a well-known mark. Well-
known marks are usually protected irrespective of the fact whether they are registered or not. Furthermore,
they are protected for goods and/or services which are identical with, or similar to, those for which they have
gained their reputation if there is a likelihood of confusion in the relevant sector of the public. In some
countries they are also, under certain conditions, protected for dissimilar goods and services.

5.PASSING OFF ACTION:- Here, the Trade Mark need not be registered. It can be a trade mark or a get up. In
passing off, the main principle is that no one has any right to represent for trade purposes, his goods or
business as being the goods or business of somebody else. What are the reliefs in the suits for infringement
or passing off: Injunction and damages or an account of profits together with or without any order for the
delivery of the infringing labels and marks for destruction or erasure.

6.S.54. PATENTS OF ADDITION. (1) Subject to the provisions contained in this section, where an application
is made for a patent in respect of any improvement in or modification of an invention described or disclosed in
the complete specification filed therefor (in this Act referred to as the main invention) and the applicant also
applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may,
if the applicant so requests, grant the patent for the improvement or modification as a patent of addition.
(2) Subject to the provisions contained in this section, where an invention, being an improvement in or
modification of another invention, is the subject of an independent patent and the patentee in respect of that
patent is also the patentee in respect of the patent for the main invention, the Controller may, if the patentee
so requests, by order, revoke the patent for the improvement or modification and grant to the patentee a
patent of addition in respect thereof, bearing the same date as the date of the patent so revoked. (3) A
patent shall not be granted as a patent of addition unless the date of filing of the application was the same as
or later than the date of filing of the application in respect of the main invention. (4) A patent of addition
shall not be granted before the grant of the patent for the main invention.
7. THE TERM OF A PATENT : is the maximum period during which it can be maintained in force. It is usually
expressed in a number of years either starting from the filing date of the patent application or from the date
of grant of the patent. In most patent laws, renewal annuities or maintenance fees have to be regularly paid in
order to keep the patent in force. Otherwise the patent lapses before its term. The term of a patent or
specific "claims" in a patent may also be curtailed by judgment of a court, as where a claim or patent is held
"invalid" under the relevant law, and thus no longer enforceable.
8.VERSIONS RECORDINGS: The Copyright Amendment of 2012 moved the provisions with respect to cover
versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license
provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the
Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways.
Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly spells out specific
conditions and limitations for making version recordings

9.Explain the procedure for Registration of Trade Marks? Trade marks registry- sections 5 and 6 : An
office called the Trade Marks. Registry has been established for the purpose of registration of trademarks,
maintenance of the register and matters incidental thereto. The Head Office of The Registry is at Mumbai. It
has branch office at Kolkata, Delhi, Chennai and Ahmedabad. The Trade Mark Registry has a seal. The Trade
Mark Registry is under the charge of the Registrar of Trade Marks who is also the Controller - General of
Patents, and Designs. He is assisted by a joint Register, Deputy Registers, Assistant Registrars, Examiners of
Trade Marks and a Complement of Clerical staff. Procedure for registration: The procedure for
registration of trademarks is contained in sec. 18-24 of the Trade Mark Act 1999. Step 1: Preliminary
advice and search: Before or after applying for registration he may also request for the Registrar's opinion
as to the distinctive-character of the mark. The Registrar's search report or opinion is not, however, binding
on him. Step 2: Examination and objections: The Registrar will cause the application to be examined
and communicate to the applicant any objection to the mark which mainly relates to distinctive character
and similarity with already registered marks. The applicant can put forward his case either in writing or at a
hearing. If the application is accepted, it will be advertised in the Trade Marks Journal. If refused, the
applicant may go on appeal to the Appellate Board. If the application is refused on the ground of lack of
distinctive character, the applicant may, after some years of use, make a fresh application. Step 3:
Opposition to registration section 21: Every application accepted will be advertised in the Trade Marks
Journal (an official publication.) any person may object to the registration by following the procedure for the
prescribed purpose. The Registrar may either accept-the application; with or without condition or limitations
or refuse the application. Conditions are in the form of disclaimer of certain parts of the mark or as to mode
of use. Limitations may be in the form of amendment of the goods or as to area of the use of the mark or as
to mode of use. Step 4: Onus: The onus of establishing a case for registration is on the applicant.
Step 5: Duration and renewal of registration- sections 25 and 26: If the application for registration after its
advertisement is unopposed; or if opposed decided in favor of registration the mark will be registered as of
the date of the application for registration. The first registration is for a period of ten years which can be
renewed from time to time by paying the renewal fee. Although registration is antedated to the date of
application, no infringement action can be instituted before the mark is actually entered on the register. If
the mark is not renewed, it will be removed from the register but can be restored if a request is made to that
effect within one year from the date of expiry of registration or last renewal. Step 6: Certification trade
mark- sections 69-78: Trade marks indicate trade sources or trade connection. There is a class of marks the
purpose of which is to indicate that the goods on which it is impressed have been certified by some
competent person in respect of some characteristic of the goods like origin, composition, mode of
manufacture or quality.

10.BASIC FEATURES OF Designs: 'Design' mean according to the Designs Act, 2000:We see so many varieties
and brands of the same product (e.g., car, television, a piece of furniture, mineral water bottle etc.)in the
market, which look quite different from each other. If the products have similar functional features or have
comparable price tags, the eye appeal or visual design of a product determines the choice. Even if similarities
are not close, a person may decide to go for a more expensive item because that item has a better look or
color scheme suiting the persons taste and choice. What is being said is that the external design or color
scheme or ornamentation of a product plays a key role in determining the market acceptability of the product
over other similar products. Therefore, if you have a good external design that gives you an advantage then
you must have a system to protect the features. This protection is provided by the Designs Act, 2000 in India.
"Design" means only the features of shape, configuration, pattern, ornament or composition of lines or
colours applied to any article whether in two dimensional or three dimensional or in both forms, by any
industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the
finished article appeal to and are judged solely by the eye; but does not include any mode or principle of
construction or anything which is in substance a mere mechanical device.
Functional aspects of design are not covered in this Act.
11. POWERS AND COPYRIGHT BOARD: 1) The Copyright Board shall, subject to any rules that may be under
this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings:
Provided that the Copyright Board shall ordinarily hear any proceeding instituted before it under this Act
within the zone in which, at the time of the institution of the proceeding, the person instituting the
proceeding actually and voluntarily resides or carries on business or personally work for gain.
Explanation.-In this sub-section zone means a zone specified in section 15 of the States Reorganisation
Act, 1956 (37 of 1956). (2) The Copyright Board may exercise and discharge its powers and functions
through Benches constituted by the Chairman of the Copyright Board from amongst its members, each Bench
consisting of not less than three members: (3) If there is a difference of opinion among the members of the
Copyright Board or any Bench thereof in respect of any matter coming before it for decision under this Act,
the opinion of the majority shall prevail: (4)
3
[The Chairman] may authorise any of its members to
exercise any of the powers conferred on it by section 74 and any order made or act done in exercise of those
powers by the member so authorised shall be deemed to be the order or act, as the case may be, of the
Board. (5) No member of the Copyright Board shall take part in any proceedings before the Board in
respect of any matter in which he has a personal interest. (6) No act done or proceeding taken by the
Copyright Board under this Act shall be questioned on the ground merely of the existence of any vacancy in, or
defect in the constitution of, the Board. (7) The Copyright Board shall be deemed to be a Civil Court for
the purposes of
4
[sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974)] and all
proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193
and 228 of the Indian Penal Code, 1860 (45 of 1860).
12.Trademark infringement: is a violation of the exclusive rights attached to a trademark without the
authorization of the trademark owner or any licensees (provided that such authorization was within the scope
of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or
confusingly similar to a trademark owned by another party, in relation to products or services which are
identical or similar to the products or services which the registration covers. An owner of a trademark may
commence civil legal proceedings against a party which infringes its registered trademark. In the United
States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and
services.
13.The Patent Cooperation Treaty (PCT) : is an international patent law treaty, concluded in 1970. It provides
a unified procedure for filing patent applications to protect inventions in each of its contracting states. A
patent application filed under the PCT is called an international application, or PCT application. A single
filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search
performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the
patentability of the invention, which is the subject of the application. It is optionally followed by a preliminary
examination, performed by an International Preliminary Examining Authority (IPEA).
[4]
Finally, the relevant
national or regional authorities administer matters related to the examination of application (if provided by
national law) and issuance of patent.

14.Performers' rights : The protection of performers is perhaps the strongest and most unified of the related
rights. A performer (musician, actor, etc.) has an intellectual input in their performance over and above that of
the author of the work. As such, many countries grant moral rights to performers as well as the economic rights
covered by the Rome Convention (Arts. 79), and the rights of paternity and integrity are required by the WPPT
(Art. 5). Performers' rights should not be confused with performing rights, which are the royalties due to
the composer for a piece of music under copyright in return for the licence (permission) to perform the piece in
public. In other words, performers must pay performing rights to composers. Under the Rome Convention
(Art. 7), performers have the right to prevent: **the broadcast or communication to the public of their
performance, unless this is made from a legally published recording of the performance; **the fixation
(recording) of their performance; **the reproduction of a recording of their performance. The
WPPT extends these rights to include the right to licence: **the distribution of recordings of their
performance, for sale or other transfer of ownership (Art. 8); **the rental of recordings of their performances,
unless there is a compulsory licence scheme in operation (Art. 9); **the "making available to the public" of
their performances (Art. 10), in effect their publication on the internet. 15.COMPULAORY
LICENSEPatents in India are granted to encourage inventions and to secure that it is worked on a
commercial scale. The Indian Patent Act ensures that a Patentee should not be able to enjoy a monopoly for
the importation of the patented article. The Patent Act provides measures by way of compulsory licensing
(CL) to ensure that the patents do not impede the protection of public health and nutrition and the Patent
Rights are not abused by the Patentee. The CL therefore serves to strike balance between two disparate
objectives- rewarding patentees for their invention and making the patented products, particularly
pharmaceutical products, available to large population in developing and under developed countries at a
cheaper and affordable price 16.ANTICIPATION: In patent law, anticipation refers to the prior
invention or disclosure of the claimed invention by another, or the inventor's own disclosure of the claimed
invention by publication, sale, or offer to sell prior to the inventor's application for a patent. In other words, if
someone else has known about or used the invention before the patent applicant applies for a patent, that
patent applicant will not be entitled to a patent. Anticipation is a grounds for invalidating or rejecting a
patent because it means that the claimed invention lacks novelty. Patent invalidity based on lack of novelty, or
anticipation, requires that the invention was known or used by others before it was invented by the patentee.
SPECIFICATIONS :In order to obtain a patent, an applicant must fully and particularly describe the invention
therein claimed in a complete specification. The disclosure of the invention in a complete specification must
be such that a person skilled in the art may be able to perform the invention. This is possible only when an
applicant discloses the invention fully and particularly including the best method of performing the invention.
The Specification is a techno-legal document containing full scientific details of the invention and claims to the
patent rights. The Specification, thus, forms a crucial part of the Patent Application. It is mandatory on the
part of an applicant to disclose fully and particularly various features constituting the invention. The
Specification may be filed either as a Provisional or as a complete Specification. The Specification
(provisional or complete) is to be submitted in Form-2 along with the Application in Form-1 and other
documents, in duplicate, along with the prescribed fee as given in the First Schedule. The first page of the
Form 2 shall contain: a) Title of the invention; b) Name, address and nationality of each of the applicants for
the Patent; and c) Preamble to the description. The title of the invention shall sufficiently
indicate the specific features of the invention. Every Specification whether Provisional or complete shall
describe the invention. The applicant shall submit drawings, wherever required. The Controller may also
require the applicant to submit drawings, if necessary at the examination stage. Such drawings shall form a
part of the Specification and suitable references thereto shall be made in the Specification. The Controller may
require the applicant to submit, anytime before the grant, models or samples related to the invention for
better illustration of the invention. However, such models or samples shall not form part of the Specification.
Provisional Specification: a) When the applicant finds that his invention has reached a stage wherein it can
be disclosed on paper, but has not attained the final stage, he may prepare a disclosure of the invention in the
form of a written description and submit it to Patent Office as a Provisional Specification which describes the
invention. b) A Provisional Specification secures a priority date for the application over any other application
which is likely to be filed in respect of the same invention being developed concurrently. c) Immediately on
receiving the Provisional Specification the Patent office accords a filing date and application number to the
Application. d) An application accompanying a provisional specification is deemed to be abandoned if no
complete specification is filed within twelve months from the date of filing of the provisional specification.
However, the applicant has an option to post-date the provisional specification under Section 17, before the
expiry of twelve months from the date of filing. Such request for post-dating shall not be allowed after the
expiry of twelve months from the date of application. Such abandoned applications are not published. Once
abandoned for reasons mentioned above, no priority can be claimed from such application, for any other
application such as divisional application etc. e) If two provisional specifications filed by an applicant are
cognate or if one is a modification of the other, the applicant may file one complete specification covering
both the provisional applications. Such a complete specification shall have to be filed within twelve months
from the date of filing of the first provisional application. In such cases, date of filing of application is the date
of filing of the earliest provisional specification and shall bear the number of that application. f) An applicant
may, within twelve months from the filing of a complete specification (not being a convention application or a
PCT National Phase Application), convert the same into a provisional specification. Consequently, the applicant
has to file a complete specification within twelve months from the date of first filing. g) A provisional
specification (i.e. the one filed directly or the one converted from a complete specification) may be post-dated
to the date of filing of the complete Specification. Complete Specification: The Complete Specification
is a techno-legal document which fully and particularly describes the invention and discloses the best method
of performing the invention. As the Complete Specification is an extremely important document in the
patent proceedings it is advised that it should be drafted with utmost care without any ambiguity. The
important elements of the Complete Specification are further discussed below. Complete
Specification: Every complete specification shall: a) fully and particularly describe the invention and its
operation or use and the method by which it is performed; b)disclose the best method of performing the
invention which is known to the applicant for which he is entitled to claim protection; c) end with a claim or
set of claims defining the scope of the invention for which the protection is claimed; d) make reference to
deposit of the biological material in the international depository authority, if applicable; and e) be
accompanied by an abstract.





































































VERSIONS RECORDINGS: The Copyright Amendment of 2012 moved the provisions with respect to cover
versions of sound recordings out of fair dealing provisions under Section 52, into a specific statutory license
provision. Making version recordings, re-recording of prior sound recordings, was earlier permitted under the
Copyright Law, but codifying it as a statutory license provision formalizes the said activity in many ways.
Furthermore, Section 31C, which deals with statutory licenses for cover versions clearly spells out specific
conditions and limitations for making version recordings. The Section reads as follows: 31C. Statutory
licence for cover versions. (1) Any person desirous of making a cover version, being a sound recording in
respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or
with the licence or consent of the owner of the right in the work, may do so subject to the provisions of this
section: Provided that such sound recordings shall be in the same medium as the last recording, unless the
medium of the last recording is no longer in current commercial use. (2) The person making the sound
recordings shall give prior notice of his intention to make the sound recordings in the manner as may be
prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be
sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by
him, at the rate fixed by the Copyright Board in this behalf: Provided that such sound recordings shall
not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse
the public as to their identity, and in particular shall not contain the name or depict in any way any performer
of an earlier sound recording of the same work or any cinematograph film in which such sound recording was
incorporated and, further, shall state on the cover that it is a cover version made under this section.
(3) The person making such sound recordings shall not make any alteration in the literary or musical work
which has not been made previously by or with the consent of the owner of rights, or which is not technically
necessary for the purpose of making the sound recordings: Provided that such sound recordings shall not
be made until the expiration of five calendar years after the end of the year in which the first sound recordings
of the work was made. (4) One royalty in respect of such sound recordings shall be paid for a minimum of
fifty thousand copies of each work during each calendar year in which copies of it are made: Provided that
the Copyright Board may, by general order, fix a lower minimum in respect of works in a particular language or
dialect having regard to the potential circulation of such works. (5) The person making such sound
recordings shall maintain such registers and books of account in respect thereof, including full details of
existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or
representative to inspect all records and books of account relating to such sound recording: Provided that if
on a complaint brought before the Copyright Board to the effect that the owner of rights has not been paid in
full for any sound recordings purporting to be made in pursuance of this section, the Copyright Board is, prima
facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the
sound recording to cease from making further copies and, after holding such inquiry as it considers necessary,
make such further order as it may deem fit, including an order for payment of royalty. Explanation.For
the purposes of this section cover version means a sound recording made in accordance with this section.
The first noteworthy change in the provision is with respect to the medium of version recording. The proviso
to clause (1) specifically provides that a conversion can be made only into the same medium of the original
recording, unless the earlier recording is no longer in commercial use. For example, if the first recording was
made on a magnetic tape, the cover version must also be on a magnetic tape. You cannot make a digital
recording of the cover version. The Section states that payment for the cover versions must be made to
the authors in advance, and for at least fifty thousand copies in an year. The cover version must not mention
the original singer or the name of the film for which the recording was made earlier. Finally, although
minuscule, protection for producers has been incorporated. Cover versions can be made only after five
years of the first sound recording. Also, clause (3) prohibits any derivative works like remixes without the
permission of the author, giving them an opportunity to bargain