Q.1 (i) Explain elaborately the concept of property and discuss the theory of intellectual property.

Ans. Property designates those things that are commonly recognized as being the possessions of an
individual or a group. A right of ownership is associated with property that establishes the good as
being "one's own thing" in relation to other individuals or groups, assuring the owner the right to
dispense with the property in a manner he or she deems fit, whether to use or not use, exclude
others from using, or to transfer ownership.
Properties are of two types-tangible property and intangible property i.e. one that is physically
present and the other which is not in any physical form. Building, land, house, cash, jewellery are
few examples of tangible properties which can be seen and felt physically. On the other hand there
is a kind of valuable property that cannot be felt physically as it does not have a physical form.
Intellectual property is one of the forms of intangible property which commands a material value
which can also be higher than the value of a tangible asset or property.
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and
symbols, names and images used in commerce.
Intellectual property is divided into two categories:
(a) Industrial Property includes patents for inventions, trademarks, industrial designs and
geographical indications.
(b) Copyright covers literary works (such as novels, poems and plays), films, music, artistic works
(e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to
copyright include those of performing artists in their performances, producers of phonograms in
their recordings, and broadcasters in their radio and television programs.

Q.1(ii) How does intellectual property influence the technology and the law?
Ans. Businesses around the globe value intellectual property and technology services. These services
allow maximum efficiency for companies, providing their customers with their own unique services.
In perpetual motion, players must create innovative products and services to feed constant and
escalating market demand. Everyone from the developer to the user has an enormous amount
invested in products. In this high-stakes environment, we need protection for our original work. This
requires the concept of intellectual property.
Intellectual property law deals with the rules for securing and enforcing legal rights to inventions,
designs, and artistic works. Just as the law protects ownership of personal property and real estate,
so too does it protect the exclusive control of intangible assets. The purpose of these laws is to give
an incentive for people to develop creative works that benefit society, by ensuring they can profit
from their works without fear of misappropriation by others.
Patents give inventors the right to use their product in the marketplace, or to profit by transferring
that right to someone else. Depending on the type of invention, patent rights are valid for up to 20
years. Qualifying items include new machines, technological improvements, and manufactured
goods, including the look of a product. Patent protection will be denied if an invention is found to
be obvious in design, not useful, or morally offensive.
Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is
to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from
another. Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights
can potentially last forever, and they are obtained by simply using a mark. While not required,
owners can register their marks for additional protection.
Copyrights apply to writings, music, motion pictures, architecture, and other original intellectual and
artistic expressions. Protection is not available for theories or ideas, or anything that has not been
captured in a fixed medium. The act of creation itself produces a copyright and unpublished works
are still protected. Use of a copyright symbol and date is common, but not mandatory. Most
copyrights are valid for the creators lifetime, plus 70 years.

Q.2(i) Define the copyright. Explain the different kinds of works covered by copyright. What are
the special provisions regarding reproduction of a sound recording and computer program in the
context of copyright?
Ans. Copyright is the set of exclusive rights granted to the author or creator of an original work,
including the right to copy, distribute and adapt the work. Copyright lasts for a certain time period
after which the work is said to enter the public domain. Copyright gives protection for the
expression of an idea and not for the idea itself. For example, many authors write textbooks on
physics covering various aspects like mechanics, heat, optics etc.
Indian Copyright Act affords separate and exclusive copyright protection to the following 7 clauses of
work:
1. Original Literary Work
2. Original Dramatic Work
3. Original Musical Work
4. Original Artistic Work
5. Cinematograph Films
6. Sound recording
7. Computer Programme
In the case of sound recording, copyrights are given
(i) to make any other sound recording embodying it;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of
whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the sound recording to the public.
Some of the key aspects of the law for computer software are:
According to section 14 of the Act, it is illegal to make or distribute copies of copyrighted software
without proper or specific authorization.
The violator can be tried under both civil and criminal law.
A civil and criminal action may be instituted for injunction, actual damages (including violator's
profits) or statutory damages per infringement etc.

Heavy punishment and fines for infringement of software copyright.

Section 63 B stipulates a minimum jail term of 7 days, which can be extended up to 3 years

Q.2(ii) What is the provision in the copyright act regarding registration. Discuss the arguments
against mandatories of copyright registration in India?
Ans. Copyright comes into existence as soon as a work is created and no formality is required to be
completed for acquiring copyright. However, facilities exist for having the work registered in the
Register of Copyrights maintained in the Copyright Office of the Department of Education. The
entries made in the Register of Copyrights serve as prima-facie evidence in the court of law.
Procedure for registration of a work is covered under Chapter VI of the Copyright Rules, 1958
Procedure for registration :
a. Application for registration is to be made on Form IV (Including Statement of Particulars and
Statement of Further Particulars) as prescribed in the first schedule to the Rules ;
b. Separate applications should be made for registration of each work;
c. Each application should be accompanied by the requisite fee prescribed in the second schedule to
the Rules ; and
d. The applications should be signed by the applicant or the advocate in whose favour a
Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party
and accepted by the advocate should also be enclosed.
After filing application and receiving diary number the applicant should wait for a mandatory period
of 30 days so that no objection is filed in the Copyright office against the claim that particular work is
created by the applicant. If such objection is filed it may take another one month time to decide as
to whether the work could be registered by the Registrar of Copyrights after giving an opportunity of
hearing the matter from both the parties. If no objection is filed the application goes for scrutiny
from the examiners. If any discrepancy is found the applicant is given 30 days time to remove the
same. Therefore, it may take 2 to 3 months time for registration of any work in the normal course.
The cooperation of the applicant in providing necessary information is the key for speedy disposal
the matter. Any person aggrieved by the final decision or order of the Registrar of Copyrights may,
within three months from the date of the order or decision, appeal to the Copyright Board.

Q.3 (i) What is patent? What are the basic elements of patentability in an invention. What can be
patented? Explain in detail the process of filing a patent in India and abroad?
Ans. Patent is a grant for an invention by the Government to the inventor in exchange for full
disclosure of the invention. A patent is an exclusive right granted by law to applicants / assignees to
make use of and exploit their inventions for a limited period of time (generally 20 years from filing).
The patent holder has the legal right to exclude others from commercially exploiting his invention
for the duration of this period. In return for exclusive rights, the applicant is obliged to disclose the
invention to the public in a manner that enables others, skilled in the art, to replicate the invention.
The patent system is designed to balance the interests of applicants / assignees (exclusive rights) and
the interests of society (disclosure of invention).
The basic elements of patentability in an invention are:

Novelty: The matter disclosed in the specification is not published in India or elsewhere
before the date of filing of the patent application in India.
Inventive Step: The invention is not obvious to a person skilled in the art in the light of the
prior publication/knowledge/ document.
Industrially applicable: Invention should possess utility, so that it can be made or used in an
industry.

Works that can be patented:

Any invention concerning with composition, construction or manufacture of a substance, of an
article or of an apparatus or an industrial type of process.
Process of filing a patent in India and abroad:

File an application for patent

With one of the patent offices based on territorial jurisdiction of the place of office or
residence of the applicant /agent
Pay the required fee
Information concerning application form and details of fee available at www.ipindia.nic.in
Guidelines for applicants also available on this website

The Patent Office then

- Conducts searches to ascertain the prerequisites
- Publishes the application
- Conducts in-depth examination
- Raises objection to the application
- Grants the patent

Q.3 (ii) What is infringement of patent. Discuss the different types of infringement?
Ans. Patent infringement is the act of making, using, selling, or offering to sell a patented invention,
or importing into the country a product covered by a claim of a patent without the permission of the
patent owner. Further, you may be considered to infringe a patent if you import items into the
country that are made by a patented method, unless the item is materially changed by subsequent
processes or becomes a trivial and nonessential component of another product. A person infringes
a patent by practicing each element of a patent claim with respect to one of these acts. Further,
actively encouraging others to infringe patents, or supplying or importing components of a patented
invention, and related acts can also give rise to liability in certain cases.
Types of Patent Infringement:
1. Direct Patent Infrinegment: The most common form of infringement is direct infringement, where
the claims of the patent literally describe the infringing invention or the invention performs
substantially the same function.
2. Indirect Patent Infringement: The second form of patent infringement is indirect infringement,
which is broken down into two types:
Infringement by inducement is any activity by a third party that causes another person to directly
infringe on a patent. This can include selling parts that can only be realistically used for a patented
invention, selling an invention with instructions on using in a certain method that infringes on a
method patent, or licensing an invention that is covered by another's patent. The inducer must
knowingly aid the infringement, but intent to infringe on the patent is not required.
Contributory infringement is the selling of material components that have been made for use in a
patented invention and have no other commercial use. There is a significant overlap with
inducement, but contributory infringement requires a higher level of guilt. To be contributory
infringing the seller must intend for the direct infringement to occur. In order for there to be liability
for indirect infringement, there must also be direct infringement resulting from the indirect act.

Q.4 (i) What is trademark? Discuss it in detail. What are the different types of trademarks?
Describe the procedure for registration of trademarks. Discuss the absolute grounds for refusal of
trademark registration.
Ans. A trade mark (popularly known as brand name) in laymans language is a visual symbol which
may be a word signature, name, device, label, numerals or combination of colours used by one
undertaking on goods or services or other articles of commerce to distinguish it from other similar
goods or services originating from a different undertaking.
Trade Marks are distinctive symbols, signs, logos that help consumer to distinguish between
competing goods or services. A trade name is the name of an enterprise which individualizes the
enterprise in consumers mind. It is legally not linked to quality. But, linked in consumers mind to
quality expectation.
Types of Trademark:

Trademark,
Servicemark,
Collectivemark,
Certification Mark

Procedure of registration of trademarks:

An application for registration of trademarks is received at the Head office of Trademark Registry,
Mumbai and its branches according to territorial jurisdiction. Applications are then examined mainly
with regard to the distinctiveness, possibility of deceptiveness and conflicting trademarks. The
registrar on consideration of the application and any evidence of use or distinctiveness decides
whether the application should be accepted for registration or not, and if accepted, publishes the
same in the official gazette i.e. Trade Marks Journal (published in CDRom). Within a prescribed
period any person can file an opposition, a copy of which is served to the applicants who is required
to file a counterstatement within two months failing which the application shall be treated as
abandoned.
Thereafter, the opponent leads evidence in support of his case by way of affidavit followed by the
applicants evidence also by way of affidavit in support of the application. After that the opponent
files evidence by way of rebuttal. On completion of evidence, the matter is set down for a hearing
and the case is decided by a Hearing officer. The registrars decision is appealable to the Intellectual
Property Appellate Board.
Almost all functions of the Registry have now been decentralized and executed by respective offices
except publication of journal, issuance of Registration Certificate and post registration activities
including renewal which is done at TMR, Mumbai (Head Office).
Grounds for refusal of trademark registration:
I.

The trademarks that are:

Incapable of distinguishing the goods/services of the applicant with those of others;

or may serve in trade to designate kind, quality, purpose, value, geographical origin;

or have been commonly used in the current language or established practices of trade;

shall not be registered.

Exception: If before the date of application, the mark has acquired distinctiveness by use or it is a
well-known mark, it cannot be denied registration.
II.

A Mark shall not be registered as a Trade Mark if it causes:

Confusion or deceives the public; or

Hurts religious susceptibilities of class/ section of citizens of India; or

Comprises/contains scandalous/obscene matter which is against the morality of the public;

or

III.

Is prohibited under the Emblems and Names Act, 1950

3-Dimensional Mark or Shape of Goods

These may be registered as a trademark. However, the Act states that a Mark shall not be registered
as a Trade Mark if:

it consists exclusively of the shape of goods itself or the shape of goods necessary to obtain a
technical result; or

The shape which adds substantial value to the goods- the shape should have visual appeal to
add value and not be of a functional nature to fall within the purview of this provision.

The nature of goods or services in relation to which trademark is used or proposed to be

used shall not be a ground of refusal of registration.

IV.

Chemical element/compound:

No word which is the name of a chemical element/ compound (not mixture) or which is declared by
the World Health Organization and notified by the Registrar of Trade Marks as an international nonproprietary name / deceptively similar to such names shall be registered as a trademark. Even if the
aforementioned word has acquired distinctiveness as a trademark it still cannot be registered as a
trademark.

Q.4 (ii) What is a domain name? Explain the process of registration of a domain name.
Ans. A domain name is an identification string that defines a realm of administrative autonomy,
authority or control within the Internet. Domain names are formed by the rules and procedures of
the Domain Name System (DNS). Any name registered in the DNS is a domain name.
Process of registration of a domain name:
After you have chosen a domain name, you will need to submit your domain name registration
request to a registrar.
You will need to submit the following information to the registrar:
the desired domain name
The name and contact information (including email address, physical address and
contact phone number) for the domain's registrant, administrative and billing contacts.
the desired domain registration term
payment information
Once you have provided your registrar with all these information, they will then initiate the domain
name registration process for you. The registrar will send your domain name request, and the
contact and technical information of the domain name to the registry.
The registry files the contact information for the Who is. The registry also adds your domain zone
files to the master servers. These master servers tell other servers on the Internet where your
website is stored.
Your domain is considered registered and ready-to-use when all information has been updated.

Q.4 (iii) Discuss the process of registration of geographical indications.

Ans. Process of registration of geographical indications:

An application for registration must be made before the Registrar of Geographical Indications by
any association of persons or producers or any organization or authority established by or under
any law for the time being in force representing the interest of the producers of the concerned
goods.

The application must be made in an appropriate form containing the nature, quality, reputation
or other characteristics of which are due exclusively or essentially to the geographical
environment, manufacturing process, natural and human factors, map of territory of
production, appearance of geographical indication (figurative or words), list of producers, along
with prescribed fees.

The examiner will make a preliminary scrutiny for deficiencies, in case of deficiencies, the
applicant have to remedy it within a period of one month from the date of communication.

The Registrar may accept, partially accept or refuse the application. In case of refusal, the
Registrar will give written grounds for non acceptance. The applicant must within two months
file reply. In case of re-refusal, the applicant can make an appeal within one month of such
decision.

Registrar shall, within three months of acceptance may advertise the application in the GI
Journal.

If there is no opposition, the Registrar will grant a certificate of registration to the applicant and
authorised users.

Q.5 (a) What is an industrial design? Provide a suitable example for industrial designs. Write a
note on the fundamental concepts of legal systems for the protection of industrial designs. Also
explain the procedure of registration of industrial designs.
Ans. A Design refers to the features of shape, configuration, pattern, ornamentation or composition
of lines or colours applied to any article, whether in two or three dimensional (or both) forms. This
may be applied by any industrial process or means (manual, mechanical or chemical) separately or
by a combined process, which in the finished article appeals to and judged solely by the eye. Design
does not include any mode or principle of construction or anything which is mere mechanical
device. It also does not include any trade mark or any artistic work.
An industrial design registration protects the ornamental or aesthetic aspect of an article. Designs
may consist of three-dimensional features, such as the shape or surface of an article, or of
twodimensional features, such as patterns, lines or color. Designs are applied to a wide variety of
products of different industries like handicrafts, medical instruments, watches, jewelry, house
wares, electrical appliances, vehicles and architectural structures. An industrial design is primarily
for aesthetic features.
Fundamental concepts of legal system for protection of industrial design:
The registration of a design confers upon the registered proprietor the exclusive right to apply a
design to the article in the class in which the design has been registered. A registered proprietor of
the design is entitled to a better protection of his intellectual property. He can sue for infringement,
if his right is infringed by any person. He can license or sell his design as legal property for a
consideration or royalty. Registration initially confers this right for ten years from the date of
registration. It is renewable for a further period of five years. If the fee for extension is not paid for
the further period of registration within the period of initial registration, this right will cease. There
is provision for the restoration of a lapsed design if the application for restoration is filed within one
year from the date of cessation in the prescribed manner.
Procedure of registration of industrial designs:
Any person who desires to register a design is required to submit the following documents to the
Design Wing of the Patent Office at "Intellectual Property Office", CP-2, Sector V, Salt Lake, Kolkata 700 091 or any of the Branch Offices of the Patent Office at Delhi, Mumbai and Chennai. The
applications received by the Branch Offices will be transmitted to the Head Office for processing and
prosecuting.

Application duly filed in on the prescribed form (Form-I) along with the prescribed fees, stating
name in full, address, nationality, name of the article, class number, address for service in India.
The application should also be signed either by the applicant or by his authorized agent.

Representation (in quadruplicate of size 33 cm x 20.5 cm with a suitable margin) of the article.
Drawings \ sketches should clearly show the features of the design from different views and
state the view (e.g. front or Side).

A statement of novelty and disclaimer (if any) in respect of mechanical action, trademark, work,
letter, numerals should be endorsed on each representation sheet which should be duly signed
and dated.

Power of attorney (if necessary).

Priority documents (if any) in case of convention application claimed under Section 44 of the
Designs Act, 2000.

Q.5 (b) Enumerate the criteria for protection of chip layout design. Also discuss the infringement
on layout designs.
Ans. Protection of chip layout design is given to those layout designs that are :

Original

Not commercially exploited anywhere in India or convention /reciprocal country

Inherently distinctive

Inherently capable of being capable of being distinguishable from any other registered layout

design
A period of 10 years counted from the date of filing an application for registration or from the date
of first commercial exploitation anywhere in India or in any convention country or country specified
by Government of India whichever is earlier.
Steps for registration of a layout-design:
1) Filing of application by the creator of the layout-design at the SICLD Registry.
2) The Registrar may accept, refuse the application or accept with some modifications.
3) The accepted applications shall be advertised within 14 days of acceptance.
4) Any opposition to the advertisement can be filed within 3 months from the date of
advertisement.
5) The counter-statement to the notice of opposition, if any, to be filed within 2 months from the
date of receipt of copy of notice of opposition from the Registrar.
6) A copy of the counter statement provided to the opposing party.
7) The Registrar may take hearing with the parities.
8) The Registrar will decide on the originality of the layout-design and grant or reject the application
for registration based on the conclusions reached by him.
9) Aggrieved party can appeal to Appellate Board or in its absence Civil Court for relief on any ruling
of the Registrar.
Infringing the rights of a registered proprietor of a layout-design is a considered an criminal offence.
The infringer is punishable with imprisonment for a term that may extend to three (3) years or fine
which shall not be less than Rs. 50,000/- but which may extend to Rs. 10.0 lakhs or with both.

Q.6 (a) Discuss about plant variety? Write a short note on origin of plant breeding and crop
improvement. Discuss the requirements for protection of new plant varieties.
Ans. A plant variety represents a more precisely defined group of plants, selected from within a
species, with a common set of characteristics.
The Protection of Plant Varieties and Farmers' Right Act, 2001 has been enacted to provide for the
establishment of an effective system for protection of plant varieties, the rights of farmers and plant
breeders and to encourage the development of new varieties of plants.
The objectives of the Act are:

to establish an effective system for protection of plant varieties, the rights of farmers and plant
breeders and to encourage the development of new varieties of plants;
to recognize and protect the rights of the farmers in respect of their contribution made at any
time in conserving, improving and making available plant genetic resources for the development
of new plant varieties;
to protect plant breeders rights to stimulate investment for research and development both in
the public and private sector for development of new plant varieties;
to facilitate the growth of seed industry in the country that will ensure the availability of high
quality seeds and planting material to the farmers.

According to the Act, the term 'variety' means "a plant grouping except micro-organism within a
single botanical taxon of the lowest known rank, which can be:(i) defined by the expression of the characteristics resulting from a given genotype of that plant
grouping;
(ii) distinguished from any other plant grouping by expression of at least one of the said
characteristics; and
(iii) considered as a unit with regard to its suitability for being propagated, which remains unchanged
after such propagation; and includes propagating material of such variety, extant variety, transgenic
variety, farmers variety and essentially derived variety".

Q.6 (b) Enumerate the significance of traditional knowledge. Why should traditional knowledge be
protected?
Ans. Traditional knowledge is a part of the identity of most indigenous communities. The knowledge
systems that comprise traditional knowledge are an essential ingredient in achieving sustainable
development. Furthermore it is important to preserve the social and physical environment of which
the traditional knowledge is an integral part. Attempts to exploit traditional knowledge for industrial
or commercial benefits may lead to prejudicial misappropriation of the same from its rightful
holders. Hence it becomes pertinent to develop ways and means of protecting and nurturing
traditional knowledge thereby ensuring sustainable development compatible with the interests of
the traditional knowledge holders.
The concept of traditional knowledge is too varied to have a single definition as such a definition
would be prejudicial to the various forms of knowledge that are held by traditional communities. No
superficial legal definition will sufficiently encompass the complex social and legal systems that
sustain traditional knowledge within the original communities. Nonetheless it is very necessary to
arrive at certain demarcating standards defining traditional knowledge if such knowledge is to be
protected. The most practical method of protection is the prevention of unauthorized use by third
parties beyond the traditional circle. This form of protection focuses on the use of any indigenous
knowledge as technical, ecological, scientific, medical or cultural by a traditional community.
Some examples of traditional knowledge are:
(1) Use of plao-noi by the Thai traditional healers to treat ulcers.
(2) Use of the Ayahuasca vine by Western Amazonian tribes to prepare various medicines.
(3) Use of hoodia cactus by the San people to stave off hunger while outhunting.
(4) Sustainable irrigation through water systems such as the aflaj in Oman and Yemen and the qanat
in Iran.
Furthermore knowledge is not rendered traditional due to antiquity but due to the fact that it has
been developed, sustained and passed on within a traditional community, and is passed between
generations, sometimes through specific customary systems of knowledge transmission. Hence it is
the relationship of the knowledge with the community that makes it traditional.
Need for protection of traditional knowledge :
Traditional knowledge holders face various difficulties. In some cases, the very survival of the
knowledge is at stake, as the cultural survival of communities is under threat. External social and
environmental pressures, migration, the encroachment of modern lifestyles and the disruption of
traditional ways of life can all weaken the traditional means of maintaining or passing knowledge on
to future generations. There may be a risk of losing the very language that gives the primary voice to
a knowledge tradition and the spiritual world-view that sustains this tradition. Either through
acculturation or diffusion, many traditional practices and associated beliefs and knowledge have
been irretrievably lost. Thus, a primary need is to preserve the knowledge that is held by elders and
communities throughout the world. Another difficulty facing traditional knowledge holders is the

lack of respect and appreciation for such knowledge. For example, when a traditional healer
provides a mixture of herbs to cure a sickness, the healer may not isolate and describe certain
chemical compounds and describe their effect on the body in the terms of modern biochemistry, but
the healer has, in effect, based this medical treatment upon generations of clinical trials undertaken
by healers in the past, and on a solid empirical understanding of the interaction between the
mixture and human physiology. Thus, sometimes the true understanding of the value of traditional
knowledge maybe overlooked if its scientific and technical qualities are considered from a narrow
cultural perspective. With the gradual recognition of the value of traditional knowledge and an
exponential growth in the use of traditional knowledge products the greatest threat against it is that
of usurpation over-exploitation by commercial entities in derogation of the rights of the original
holders.

Q.7 (a) What is a trade secret? Discuss the rationale and significance of protection of trade secrets.
Also discuss the legislative framework on the protection of trade secrets in India main thrust of
the judicial approach.
Ans. A Trade Secret or undisclosed information is any information that has been intentionally
treated as secret and is capable of commercial application with an economic interest. It protects
information that confers a competitive advantage to those who possess such information, provided
such information is not readily available with or discernible by the competitors. They include
technical data, internal processes, methodologies, survey methods, a new invention for which a
patent application has not yet been filed, list of customers, process of manufacture, techniques,
formulae, drawings, training material, source code, etc. . It therefore becomes imperative to
strengthen the confidentiality around the trade secret by ensuring that contractual obligations are
enforced on persons who are allowed to use the trade secret, especially, when it is licensed to a
third party.
Since there is no documentary evidence such as a Letters Patent or a Copyright registration or a
Trademark Registration to prove that the trade secret was originally created by the proprietor, it is
essential to maintain proof of creation of trade secret either by mailing the information to oneself
and retaining postmarked and sealed envelope or by depositing a copy of the information with a
third party that would maintain a dated copy.
Trade secret remains confidential for indefinite period of time as per the will of the proprietor
provided the security and its confidentiality is not breached. There is no specific legislation
regulating the protection of trade secrets in India. India follows common law approach of protection
and all matters relating to it are generally covered under the Contract Act, 1872. So, if the
information constituting trade secret is leaked, legal action can be brought against the parties who
have leaked it under the Law of Contracts. However, in such a case the protection of trade secret will
be lost and it becomes available in public domain.

Q.7 (b) What is sole licence and how is it different from exclusive licence?
Ans. A sole license is a legal contract in which the owner of an intellectual property right, the
licensor, authorises another party, the licensee, to exercise their intellectual property rights.
A sole license means the licensee is the only licensee in that territory or for that group of customers.
However, the licensor can still compete with the licensee. This is distinct from an exclusive license,
where the licensor themselves cannot compete with the licensee.
Exclusive licence: this means that the owner of the patent agrees not to grant any other licences of
the technology concerned, and agrees not to use the technology himself.
Sole licence: the owner of the patent agrees not to grant any other licences of the technology, but is
allowed to use the technology himself.