IPR MANAGEMENT

UNIT-I
 INTELLECTUAL PROPERTY RIGHTS
 Any original work of the human mind, including those in the arts, sciences, literature, technology, or other
fields, is considered to be the subject of intellectual property (IP).
 The term "intellectual property rights" (IPR) refers to the legal privileges granted to the inventor or creator to
safeguard their work for a predetermined amount of time.
 The legal rights known as intellectual property rights allow people to defend the works of human creativity.
It makes use of a number of legal techniques to grant content creators exclusive rights to their works.
 In the modern world, when inventions of the mind are intangible assets to businesses, the term "intellectual
property" can refer to a variety of things.
 These legal rights allow the inventor or creator, or his assignee, the only right to fully exploit their idea or
creativity for a specific amount of time.
 It is widely acknowledged that IP is essential to the modern economy. Additionally, it has been unequivocally
proven that the intellectual labor connected to the innovation deserves to be given the respect it deserves in
order for it to serve the greater good.
 The administrative processes and rules governing intellectual property (IPR) originated in Europe.
 In the fourteenth century, patents were increasingly common. England was technologically more sophisticated
than other European nations in various areas, which it used to entice artists from outside Europe with favorable
terms.
 Italy is where copyrights were originally recognized. Since Venice was the first place in the world to create
laws and institutions governing intellectual property, it can be said that Venice is the birthplace of the IP
system.
 The Indian Patent Act dates back more than 150 years. The first was established by the 1856 Act, which was
modelled after the British patent system and set the patent period for the term of 14 years followed by
numerous acts and amendments.
 The Trade-Related Aspects of Intellectual Property Rights Agreement, or TRIPS for short, contributed to the
organization and expansion of IPR. It contained a number of treaties and accords that support IPR protection
in WTO member nations.
 The right to benefit from the protection of moral and material interests stemming from the authorship of
scientific, literary, or creative achievements is defined in Article 27 of the Universal Declaration of Human
Rights.
 The Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the
Protection of Literary and Artistic Works were the first agreements to acknowledge the significance of
intellectual property (1886).
 The World Intellectual Property Organization oversees both accords (WIPO).
 According to Article 2 of the WIPO (World Intellectual Property Organization) – Central Organization for
the protection of Intellectual Property Laws and the expert organization of the UN, “Intellectual Property shall
include the rights relating to literary, artistic and scientific works, inventions in all fields of human endeavor,
scientific discoveries, industrial designs, trademarks, service marks and commercial names and designations,
protection against unfair competition, and all the other rights resulting from intellectual activity in the
industrial, scientific, literary or scientific fields.”
 Nature of IPR-
 Intangible Rights- Intangibility is the primary attribute that sets intellectual property apart from other types of
property. Although there are many significant differences between the various types of IP, one characteristic
they all share is the establishment of property protection over intangible objects like ideas, inventions, signs,
and information as opposed to close relationships and other intangible assets, which are tangible objects.
which they are incorporated. When works are exploited for commercial purposes, it enables the creators or
owners to profit from their creations.
 Rights to Sue- IP is a resource that can be owned and managed, to use the language of the law. The majority
of intellectual property is challenged through legal rights of action that can only be carried out by people who
have legal standing. Since intellectual property (IP) is a property right, it can be inherited, purchased, gifted,
sold, licensed, entrusted, or pledged. Subject to certain restrictions, the owner of an IPR owns a sort of
property that can be used however they like. They also have the legal right to sue anyone who uses their
innovation without their permission and to be compensated with actual property.
 IP gives rise to both duties and property rights, in addition to the former. The owner of the IP is entitled to
carry out specific tasks in connection with his creations. He has the sole authority to create, copy, sell, and
otherwise exploit the work. Additionally, there is a negative right that stops others from using their statutory
rights.
 Coexistence of several rights- In relation to one particular function, various IPR categories may coexist. For
instance, there are similarities between a patent and an industrial design, a trademark and a geographical
indicator, and so forth. Some of the rights related to intellectual property are positive rights, while the others
are negative rights.
 Exhaustion of rights- The notion of exhaustion generally applies to intellectual property rights. This theory is
founded on the idea of free movement of products, which is legitimate by the owner's permission or right. It
is prohibited to use the exclusive selling privilege in connection to the same items twice. As the owner of the
right has already reaped his share from placing the products for the initial sale on the market, the right to limit
subsequent movements has expired.
 IPR is developing continuously due to its dynamism. The realm of IP is expanding as quickly as technology
in all spheres of human activity. New things are being added to the IPR scope and the scope of its protection
is being enlarged in accordance with the demands of scientific and technical advancement.
 Types of IPR-
 Originally, the word "Industrial Property" only applied to patents, trademarks, and industrial designs, but
today, the definition of "Intellectual Property" is far broader. The following ways that IPR advances
technology-
1. It offers a method for dealing with infringement, piracy, and unlawful usage.
2. Since all kinds of IP are published, with the exception of trade secrets, it gives the general public access to a
wealth of information.
 A wide range of intellectual endeavors can be protected by IP, including-
1. Patents
2. Industrial designs, which pertain to features of any shape, configuration, surface pattern, composition of lines
and colors applied to a product whether 2-D, like a textile, or 3-D, like a toothbrush.
3. Any mark, name, or logo used in commerce for any good or service and used to identify the producer or
provider of that good or service is referred to as a trademark. You can purchase, sell, and licence trademarks.
A trademark is only as good as the reputation of the commodity or service it represents.
4. Copyright pertains to the expression of ideas in tangible forms, which includes computer software, audio
recordings, artistic, theatrical, musical, and cinematic works.
5. Geographical indications are signs that identify a good as coming from the territory of a country, or from a
particular region or locale within that territory, where a particular quality, reputation, or other aspect of the
good is primarily related to its geographical origin.
 Importance of IPR-
o High-paying jobs are created by and supported by intellectual property.
o Competitiveness and economic growth are driven by intellectual property.
o Customers and families are protected by robust and upheld intellectual property rights.
o Intellectual property contributes to the development of novel responses to global problems.
o Intellectual property rights reward entrepreneurs and promote innovation.
o Promotes Innovation: The legal protection of original works promotes the earmarking of additional funds for
additional research and development.
o Economic expansion: The promotion and protection of intellectual property fuel economic expansion, develop
new markets and businesses, and improve people's quality of life.
o IPR is essential to protect the rights of inventors and other producers of their intellectual property by giving
them certain time-limited rights to regulate how the manufactured goods are used.
o It encourages creativity and innovation and guarantees ease of doing business.
o It makes it easier for technology to be transferred through foreign direct investment, partnerships, and
licensing.
 Why are IPRs protected?
 Encourage and reward creative work- The main social purpose of protection of copyright and related rights
is to encourage and reward creative work. This is also relevant to protection in other areas (e.g., industrial
designs and patents).
 Technological innovation- Intellectual property rights are designed to provide protection for the results of
investment in the development of new technology, thus giving the incentive and means to finance research
and development activities.
 Fair competition- The protection of distinctive signs and other IPRs aims to stimulate and ensure fair
competition among producers.
 Consumer protection- The protection of distinctive signs should also protect consumers, by enabling them
to make informed choices between various goods and services.
 Transfer of technology- A functioning intellectual property regime should also facilitate the transfer of
technology in the form of foreign direct investment, joint ventures and licensing.
 Balance of rights and obligations- It should also be noted that the exclusive rights given to the owners of
intellectual property are generally subject to a number of limitations and exceptions, aimed at balancing the
legitimate interests of right holders and of users.

 Patents
 The name for the intellectual property right that is given to safeguard inventions is a patent.
 It grants inventors the sole authority to forbid anyone from making use of the patented invention for a set
amount of time.
 A patent is given to an organization upon disclosure of a technical innovation, which may be a system,
apparatus, device, method of manufacture, or both, that is novel or new and exhibits creative step or
technological advancement over the prior art.
 The Patentee has a legal claim to his new invention, which might be classified as a new technique or product.
A patent holder has the following exclusive legal rights to the technology covered by the patent-
1. Product patents give the owner the legal right to stop anyone from creating, utilizing, offering for sale, or
selling patented goods. Additionally, the Patentee can prevent third parties from bringing the patented product
into India without authorization.
2. Process patents provide you the legal right to stop others from utilizing the patented method, offering it for
sale, or selling the end result in India. Additionally, third parties that imported the product into India using
the patented procedure, or who offered it for sale or sold it, could be held liable.
 When the inventor's innovation complies with the requirements for patentability, the owner is awarded a
patent.
 The exclusions on what can be patented in India were explicitly stated in Sections 3 and 4 of the Indian Patents
Act, 1970.
o Inconsequential inventions defying conventional natural laws
o Inventions that intend to cause disruptions to public order, challenge moral grounds and cause harm to living
beings
o Further, the discovery of scientific principles, living & non-living things existing in nature, abstract theories,
and variants of products or processes with no value-adding economic benefits
o All artistic creations including music, theatre, cinema, web series, and television works
o The mere arrangement, rearrangement, mixing, or duplication of substances
o Nuclear energy inventions
o Additionally, the creation of hybrid varieties of plants and animals
o An agriculture or horticulture method
o Generic or new rules for playing a game or pulling off a mental act
o Different ways of presenting information or data
o Configuration of integrated circuits.
 To secure a patent in India, a number of requirements must be met. These circumstances are as follows-
1. Novelty- When evaluating an invention's potential for patent protection, innovation is a crucial factor. An
innovation or new invention is one that has not been "published in any document before the date of filing of
a patent application, wherever in the country or the world," as stated in Section 2(l) of the Patent Act. To put
it plainly, the novelty requirement essentially implies that an invention should never have been made public.
It must be the most recent with no identical or similar past works.
2. Inventive step or non-obviousness- An innovative step is described as "the quality of an invention that
incorporates scientific development or is of economic importance or both, as contrasted to existing
knowledge, and invention not obvious to a person competent in the art" under Section 2(ja) of the Patents Act.
This means that the innovation must not be obvious to a person having ordinary ability in the relevant field.
It shouldn't be original and evident to someone with similar expertise.
3. Industrial Application- Industrial applicability is defined as "the invention is capable of being manufactured
or employed in an industry" in Section 2(ac) of the Patents Act. It must have universal applicability, which
implies that it has practical value in terms of patents. The publication of a competent patent is another crucial
need for acquiring a patent. A competent patent disclosure entails that the invention must be sufficiently
disclosed in a patent draught in order for a person with the requisite expertise to implement the invention
without excessive difficulty.
 Origin in India-
 Act VI of 1856 marked the beginning of the patent process in India.
 It was to promote the development of new, useful products and to persuade innovators to make their creations
known to the public.
 Act IX of 1857 revoked the Act since, it had been passed without the British Crown's consent.
 Act XV of 1859, new legislation for the granting of "exclusive privileges," was introduced. This law makes
specific changes to the existing law, including limiting the issuance of exclusive privileges to innovations that
are actually valuable and extending the priority period from six to twelve months. The Act was then amended
in 1872, 1883 and 1888.
 All earlier statutes were repealed by the Indian Patent and Design Act of 1911.
 On April 20, 1972, the Indian Patent and Design Act 1911 was replaced by the Patents Act 1970 and the
Patent Rules 1972.
 The recommendations made in the report by Justice Ann served as the foundation for the Patent Act. One of
the suggestions was to permit process patents for inventions relating to medications, medicines, food, and
chemicals.
 Again, The Patents (Amendment) Act, 2005 revised the Patents Act, 1970 to expand product patents to all
technological fields, including food, medicine, chemicals, and microorganisms.
 Who can apply for Patent?
 The people who may submit a patent application are listed in Section 6 of the Act.
 Any person who can prove they are an invention's original and authentic creator may submit an application
for a patent at the patent office.
 But an assignee of the original and real inventor of the invention may receive a transfer of such a right to
submit an application.
 In this situation, the application must be supported by a declaration that the person making the claim is the
original and true inventor of the invention, as well as evidence of their legal ability to file the application.
 Basic Rights of Patentee-
 Right to Surrender- A patentee has the right to surrender his patent, but before doing so, the notice of
surrender must be issued to anybody listed as having an interest in the patent in the register and their
objections, if any, must be taken into account. The surrender application is also published in the Official
Gazette so that anyone with an interest can object.
 Right to sue for infringement- The patentee has the right to file a lawsuit in a district court with jurisdiction
over the case for patent infringement.
 Right to utilize patent- A patent holder has the sole authority to use, exercise, sell, or distribute the patented
good or service in India, or, if the patent is for a person, to use or exercise the method or process. The patent
holder, his agent, or licensees may all exercise this right. Only during the duration of the patent can the
patentee exercise their rights.
 Right to grant license- The patent holder is free to sell his or her rights, grant licenses, or make other
arrangements in exchange for money. For a license or assignment to be legitimate and valid, it must be in
writing and registered with the Controller of Patents. The patent assignment document is not accepted as proof
of a person's ownership of a patent unless it is registered.
 Right to exploit the patent
 Obligations of Patentee-
 Patent revocation- A patent may be revoked if there has been no work done or if the public's demand for the
patented invention has not been met.
 Patents for inventions used for defense- It may be subject to confidential requirements, such as restrictions
on or outright prohibitions on the invention's dissemination at the Controller's discretion. The applicant loses
the right to utilize the invention upon the continuation of such order or prohibition of publication or
transmission of the patented invention, and the Central Government may use it in exchange for royalties from
the applicant.
 Patent’s use by Government- It should be noted that the Government may employ or even acquire a patented
innovation for its exclusive use, and that it may also restrict or forbid the use of the patent in certain situations.
Ex- If a medicine or drug has a patent, the government may nevertheless import it for its own use or for
delivery to any dispensary, hospital, or other medical facility that is operated by or on behalf of the
government. In addition, the government may charge royalties when selling products made using patented
processes or may even demand patents in exchange for just recompense.
 Compulsory License- The Controller may award compulsory licenses to any applicant to work the patent if
it is not worked satisfactorily to meet the reasonable requirements of the public at a reasonable price. A
compulsory license is a clause in the Indian Patent Act that gives the government the authority to order a
generic drug manufacturer to produce affordable medication in the public interest even when the product is
covered by a patent.
 Restored Patents- A patent that has expired may be reinstated as long as the patentee's rights are not severely
restricted. The patent does not have the right to pursue infringement claims when the infringement occurred
between the dates of the infringement and the advertisement of the reinstatement application.
 Duty to disclose- The Patentee's obligation to disclose is carried out by Section 8 of the Patent Act of 1970.
According to Section 8(1) of the Patent Act of 1970, a patent applicant is required to disclose all necessary
information regarding any far-reaching uses of a comparable or identical invention that have been documented
by the applicant, through the applicant, or through a third party within six months of the application.
The holder of a patent must make a record of all the information specified in the applications and, in addition
to the foregoing, make every effort to reveal all the pertinent information in any subsequent applications that
may be recorded at later stages.
 Duty to Request for Examination- In contrast to other intellectual property rights, the registration process
for patents does not allow for any form of automated review of applications for patent grants. According to
Section 11(B) of the Patents Act of 1970, it is the responsibility of the Patentee to request that the Controller
of Patents examine the growth or development related to the patent in the aforementioned method.
 Duty to Respond to Objections- Before approving the inspection request, the Controller of Patent sends it
to the analyst, who examines the growth and submits a report to the Controller of Patent known as the First
Examination Report (FER). The right of the patent holder to respond to such opposition complaints and give
their consent to the corresponding within a year of the FER's issuance or the Controller of Patents will consider
the patent holder's application to have been surrendered. In some cases, protests may be raised in the First
Examination Report.
 Duty to clear all Objections- It is the responsibility of the patent holder to address any objections that have
been presented, to resolve each one, and to also take down any oppositions that have been made against his
or her invention. A meeting can also be necessary if the Controller of Patents has not completed their
obligations. The patent holder has a responsibility to seek advice and address any objections and oppositions
that may have been made to the inventor's invention.
 Duty to Pay Statutory Fees- The Patentee is obliged to pay all statutory fees necessary to get a grant of a
patent during the registration procedure; otherwise, the Patentee's application for the grant of a Patent would
typically not be handled. The regulations associated with payment of fees and the repercussions for not paying
such mandated costs are accomplished by Section 142 of the Patent Act, 1970. The Patent Controller will
either award a Patent to the innovation and publish it in the Journal, or, more commonly, the Controller will
reject such a Patent after this procedure is followed and the Patentee of Patent removes any restrictions and
protests made against his or her invention.
 Patent Authorities in India-
 The primary official in charge of overseeing the Indian patent system is the Controller of Patents.
 The four Patent Offices located in Chennai, Delhi, Mumbai, and Kolkata are generally viewed as being under
the Controller's overall supervision.
 The Controller operates as a patent from his office in Mumbai because he also serves as the Registrar of
Trademarks with the Head Office of the Trade Office there.
 The patent's official headquarters are in Kolkata (Calcutta).
 Patents issued under the Patents Act and other Patent Office employees carry out their duties in accordance
with the Controller's order or prescription.
 Procedure for obtaining Patent-
 Step 1-To determine whether the invention qualifies as a patentable subject.
Not all inventions can be patented; certain inventions have not been declared patentable in accordance with
the Indian Patent Act (inventions are not patentable).
 Step 2- Patent Finding
The next step is to determine whether your invention satisfies the Indian Patent Act's requirements for
patentability, which include that it be unique, non-obvious and must be used in industry.
 Step 3- Application for Patent
You can submit a provisional application if you are still in the very early stages of developing your invention.
You secure the filing date after submitting a provisional application, which is crucial in the world of patents.
The whole specification must be developed within 12 months, after which your patent application will be
cancelled.
Once all necessary paperwork has been submitted and your research has advanced to the point where
prototypes and test results may be used to demonstrate your original idea, you can submit the complete
specification together with your patent application.
Filing the provisional specification is optional. If you have finished developing your invention and are ready
to go on to the full specification, skip this step.
 Step 4- Publication of Application
The patent application is published 18 months after the initial submission once the full specification has been
submitted with it.
You may seek an initial publication with the appropriate cost if you don't want to wait for the allotted 18
months from the application date to pass before publishing your patent application. The request for a one-
month form publication of the patent application is typically made early.
 Step 5- Request for Examination
The patent application is only examined once an RFE request has been received. Following receipt of this
request, the Controller hands over your patent application to a patent examiner, who reviews it in accordance
with the numerous patent eligibility requirements, including:
1. Subject of Patent
2. Newness or originality
3. Not enough clarity
4. Inventory procedures
5. Application in industry
After checking for the aforementioned circumstances, the examiner generates the initial examination report
of the patent application called as Patent prosecution.
Patent prosecution is the term used to describe all activities related to a patent application that take place
before a patent is granted.
Prior art (documents that already existed before the filing date and are similar to the claimed invention) is
frequently included in the first inspection report that the examiner submits to the Controller and reported to
patent applicant.
 Step 6- Reply on Objections
Based on the examination report, the majority of patent applicants will encounter some form of opposition.
The best course of action is to respond to the objections in the examination report and study the examination
report with the patent expert (patent agent).
An investor has the chance to express his uniqueness in comparison to prior art in inspection reports. In an
effort to demonstrate that their invention is truly patentable and satisfies all patent requirements, inventors
and patent agents prepare and submit a test answer.
 Step 7- Objections Clearance
In order to ensure that any objections to the invention or patent application are addressed and that the inventor
has a just opportunity to establish novelty and innovative steps in comparison to other existing arts, the
Controller and the patent applicant are connected.
It is the first grant for a patent applicant after obtaining a patent application for grant.
 Step 8- Grant of Application
The application for the grant will be submitted once all patent conditions have been satisfied. The Patent
Journal, which is released on a regular basis, publishes notice of the grant of a patent.
 Ground for Opposition
 Any person may oppose a patent application on the grounds outlined in sections 25 (1) and 25 (2) of the
previous Act by a prior grant or a subsequent grant. There are no other reasons listed in the Act for contesting
the patent.
 Following are some significant grounds for resistance that apply to both pre-grant and post-grant opposition-
1. The invention has already been claimed or published in India or another country.
2. The formation of a portion of past public knowledge, prior public use, or traditional knowledge of any group
constitutes the invention.
3. The invention lacks an original step and is plain to see.
4. The innovation does not qualify as an invention under the Act's or the Invention is not patentable under the
Act.
5. The applicant's failure to disclose information or provision of inaccurate information pertaining to abroad.
6. Pre-Grant Opposition- The process to be followed for pre-grant opposition is outlined in Section 25 (1) of
the Patent Act and Rule 55 of the Patent Rules, 2003.
Before the patent is awarded and after the application has been published, anybody may begin a pre-grant
opposition.
The Controller only takes representation into account if a request for examination is submitted to contest the
application.
The opponent may first submit a request for examination under Section 11B and then submit a pre-grant
objection if the applicant has not yet submitted a request for examination.
7. Post-grant opposition- In accordance with Section 25(2) of the Patents Act of 1970 and Rules 55A to 70 of
the Patent Rules of 2003, a grant may be opposed after it has been made.
Before a year has passed since the date of publication of the patent grant, anyone with an interest in one of
the stated grounds may file a post-grant opposition.
A pre-grant protest, as opposed to a pre-grant protest, must be lodged by an individual.
According to section 2(t) of the Patents Act of 1970, "those interested" is defined as any person or party
working in or conducting research in the same field as the invention being contested.
 Infringement of the Patent and Remedies-
 Unauthorized manufacture, sale, or offer to sell the invention or subject matter of another person's patent
constitutes patent infringement.
 There are numerous sorts of patents, including plant, design, and utility patents. The fundamental tenet of
patent infringement is that no one else should be permitted to utilize a patent without the owner's consent.
 In order to determine whether there has been patent infringement, the court typically compares the subject
matter protected by the patent with the subject matter used by the "infringer."
 Any unauthorized manufacture, sale, or use of a patented invention constitutes a violation of a patent. Either
directly or indirectly, patents are violated.
 Direct Patent Infringement- Direct patent infringement is the most frequent type of infringement, when the
infringing invention is directly disclosed or serves essentially the same purpose as the patent claims.
 Indirect Patent Infringement- Another sort of patent infringement is indirect infringement, which is further
broken down into two categories-
1. Infringement by Inducement- Any action by a third party that directly induces another person to violate a
patent is known as infringement by inducement.
This could involve leasing an innovation that is protected by another person's patent or selling parts that can
only be used practically with a patented device.
Other examples include selling an invention with instructions to use it in a certain way that violates a method
patent. Although it is not necessary for the inducer to have malicious intent to violate the patent.
2. Contributing Infringement- The selling of materials created specifically for use in a patented invention but
with no other commercial purpose is known as contributing infringement.
While there is a substantial overlap with indicators, contributing infractions call for a considerable amount of
time.
Seller obligations must be broken with the intention to directly infringe. A direct breach must also be an
indirect conduct for there to be an obligation for it.
 Compared to other sorts of cases, patent infringement lawsuits might incur much higher losses. Certain laws,
like the Patent Act, permit plaintiffs to seek damages.
 Infringing a patent is when someone makes, uses, or improves anything that belongs to someone else and has
a government-issued patent without the owner's permission, either through permission, a license, or a waiver.
 In the event of an infringement, patent owners have access to a number of remedies. In patent infringement
cases, remedies may include monetary compensation, equal compensation and expenses, and legal fees.
1. Financial Relief- To stop patent infringement, financial relief in the form of compensating damages is
provided.
 Compensation for indemnity- A patent owner may have suffered financial loss due to infringement while
determining the patent's worth.
 Increased damage- Compensation fees in will or will-violation proceedings may be increased by up to three
times.
 Time period- Damages claims must be made within six years of the patent's issuance date and within the
allotted time frame for filing an infringement claim.
2. Equitable relief- Orders are made by the court to stop someone from acting or doing anything. There are two
kinds of injunctions-
 Orders issued in the early stages of lawsuits or lawsuits that forbid parties from performing an act that is in
dispute are known as preliminary injunctions (such as making a patent product)
 A final court ruling that permanently stops some activity or takes other measures is known as a permanent
injunction.

 Trademarks
 A name, term, or symbol that distinguishes goods from those of other businesses is known as a trademark.
 With a trademark, product recognition is guaranteed and made simpler, making the process of marketing
goods or services much easier.
 The proprietor has the right to forbid a rival from using his mark or sign.
 It is a marketing tool that helps a company raise more money. People are more persuaded by a trademark that
stands out and conveys the product's high quality.
 A trademark might be a slogan, a logo, or a pictorial mark. It is a mark that effectively aids in the identification
of a product by setting it apart from other products and services in the same category.
 When there is market competition, it helps to identify the product.
 A trademark is defined by Section 2(zb) of the Trademark Act of 1999 as "a mark capable of graphical
representation and which is capable of distinguishing goods and services owned by one person from those of
others in the market."
 This definition includes the appearance of goods, their color scheme, and their packaging.
 Any symbol, word, phrase, design, logo, or combination of them is protected by a trademark. It offers a
product that serves as a source of goods or services an identity.
 The Trademark Act, 1999 and common law in India both provide protection for trademarks.
 Once registered, a trademark gives its owner legal rights and protection for a term of ten years, which is then
extended upon renewal.
 A trademark has several advantages, including ease of marketing, establishing a distinctive identity, and
serving as a source identification.
 Origin in India-
 In India, there was no trademark law in place prior to 1940. The Specific Relief Act of 1877's Section 54 was
used to address a number of trademark infringement issues, while the Indian Registration Act of 1908 was
used to decide on registration.
 In order to address these issues, the Indian Trademark Law was implemented in 1940. Trade and commerce
saw significant expansion once the trademark law went into effect, which raised demand for trademark
protection.
 The Trademark and Merchandise Act, 1958, took the role of the Trademark Act. It offers improved trademark
protection and stops unauthorized or dishonest use of marks on goods.
 The Act allows for trademark registration so that its owner may get a legal right for its exclusive use.
 In order to comply with the TRIPS (Trade-Related Aspects of Intellectual Property Rights) obligation
suggested by the World Trade Organization, the Indian government replaced it with the Trademark Act, 1999
and the Trade Marks Rules, 2002.
 The Trademark Act's objectives are to protect trademark users, set guidelines for property usage, and offer
legal recourse for the enforcement of trademark rights.
 In instances of trademark infringement, the police are authorized to make arrests under the Act.
 The Trademark Act stipulates penalties and punishments for violators. Additionally, it lengthens the process
of registering as well as the process of registering a non-conventional trademark.
 Types of Trademarks-
 Service Mark- Although it is used to precisely identify a service and not a product, it is comparable to a
product mark. Service marks are applications for trademarks submitted under classes 35–45 of The Fourth
Schedule to Trade Marks Rules, 2002. Everyday services include hotel amenities, services for entertainment,
investment etc.
 Product Mark- It is a mark that is only used on commodities or products, not services. The provider,
reputation, and provenance of the product are all shown by the product mark. Product marks are commonly
used to describe trademark applications made under class 1-34 of The Fourth Schedule to Trade Marks Rules,
2002.
 Collective Mark- A collective mark is used to communicate to the general public specific distinctive
characteristics of a good or service used to represent a collective. This mark can be used by a group of people
to collectively protect a good or service. The mark holder may be a Company, a public institution, or an
association.
In a collective mark, the regulator responsible for the mark often sets the standards of the products. Others
connected to the collective are expected to follow particular rules while utilizing the mark for commercial
purposes. Chartered Accountant is a collective brand that is well-known in India.
 Certification mark- A certification mark is a symbol used by the owner to indicate a product's origin,
material, quality, or other specified information. The fundamental function of a certification mark is to
highlight the product standard and provide buyers with assurances about the goods. A certification mark can
also be used to raise customer expectations of a product by demonstrating that it has completed rigorous
quality control testing. Typically, gadgets, toys, and packaged foods bear certification marks.
AGMARK is issued by the Director of Marketing and Inspection of the Government of India, while ISI Mark
is issued by the Bureau of Indian Standards (BIS).
 Word mark- A wordmark is used to represent a brand when no other stylized or decorative components are
present. Because the owner is permitted to use the wordmark in all manners, configurations, and
representations, this type of registration provides the widest legal protection for a trademark. Classmate, cello
are a couple of examples of registered work marks.
 Shape mark- The term "shapes of goods" is used in the Trademark Act of 1999's definition of a trademark.
Therefore, form marks are also protected by the Trademark Act of 1999. However, Section 9(3) of the Act
has a restriction that clearly forbids the registration of a trademark that consists of-
1. Shapes that come from the characteristics of the things themselves.
2. Forms required to achieve a technical result.
3. Shapes that significantly increase the worth of the goods.
 Sound mark- A sound mark is a noise that can be connected to a good or service coming from a specific
vendor. People must be able to quickly and easily recognize the service, product, or show that the sound stands
for in order for it to be registered as a sound mark. Sound logos, sometimes known as audio mnemonics, are
most frequently heard at the start or finish of commercials. The IPL theme song is the most well-known sound
brand in India. According to the TM Manual, some types of sounds are expressly prohibited from being
registered as sound marks such as nursery rhymes etc.
 Smell mark- A few trademarks of this type that have been registered have been given international
registration. However, in India, a mark must be able to be visually depicted in order to be considered a
trademark. The public ought to be able to recognize and identify such a depiction. A fragrance that arises
naturally from the mixture of the substances cannot be trademarked. This sort of trademark application can
be registered as a trademark if it can pass these standards and demonstrate its distinctiveness.
 Color mark- The words "mix of colors" are protected as a trademark because they are included in the
Trademark Act of 1999's definition of a trademark. To be registered as a color mark, however, a color
combination must be distinct, one-of-a-kind, and clearly identify the product and its source. It won't be deemed
unusual to simply use red and yellow to denote orange. To be eligible for registration under this sort of
trademark, the color must be particularly distinctive and recognizable by its target audience.
 Series mark- Such trademarks may be registered as series trademarks when an owner has many trademarks
in relation to the same or similar items, all of which appear to share a substantial similarity and differ only in
terms of non-distinctive character.
 Symbol used- The trademark is identified by-
o R - letter R is surrounded by a circle and used for registered trademark.
o Unregistered trademarks are denoted by the symbol TM.
o SM is used for a service mark that is not registered.
 Importance of trademarks-
 Easily founded by customers- Trademarks set your goods and services apart from those of your rivals. This
identifies you as the source and shows that the quality of your offerings is constant. Additionally, trademarks
raise brand recognition and goodwill.
 Reduce ambiguity in the marketplace- The use of trademarks avoids confusion regarding the origin of
goods and services.
 Are effective economic tools- Trademarks give a company a competitive advantage over rivals. They also
grant your company a monopoly over the brand name.
 Protection for your Brand- A trademark registration demonstrates ownership of a brand, name, or logo. It
guards against any unlawful third-party use of your brand.
 Provides Uniqueness to Brand- A brand that is distinctive and different must be registered since every
company needs a distinctive brand or logo that sets it apart from competitors' brands.
 Trademarks are perpetual- A trademark, once registered, is lifelong. Any company that registers a
trademark keeps it forever. Yes, the registration of a trademark must be renewed every ten years. But the
brand will always be known by the identity it gave it.
 Procedure for Registration
 Step 1- Trademark Search
The applicant must exercise caution when selecting their trademark. Since there are already many kinds of
trademarks available, it is crucial to conduct a public search on the trademarks database kept by the Trade
Marks Registry after choosing a trademark to make sure it is original and that no other trademark exists that
is either similar to or identical to his or her trademark.
The trademark search reveals all the different kinds of trademarks that are already on the market, whether
they are registered or not. The search also indicates whether there is a rival application for the same trademark.
 Step 2- File Trademark Application
Depending entirely on the products and services the firm offers, a single-class or multi-class application for
trademark registration may be submitted.
Depending on the jurisdiction of the trademark, Form TM-A, the registration application form, may be
submitted physically at the Trade Marks Office or online through the official IP India website.
The application for trademark registration must be accompanied by a number of documents that provide
comprehensive information about the trademark for which registration is requested.
Additionally, if the applicant asserts prior use of the trademark, a user affidavit supporting the usage and the
proof of prior use must be submitted.
 Step 3- Examination of the trademark application
Following the submission of the trademark application, the Examiner must submit a mandatory examination
report following a thorough review of the trademark application in accordance with the requirements of the
Trade Marks Act.
The authority's examination report may or may not include any objections that could be absolute, relative, or
procedural.
Within 30 days of the registration application's filing, the Trademark Authority issues this examination report.
Within 30 days of obtaining the examination report, a reaction must be submitted, asserting the arguments
and supporting documentation against any objections in order to waive them off.
 Step 4- After Examination hearing
If the Examiner or Trademark Authority is not totally satisfied with the submitted reply or if the objections
are not satisfied after the reply to the examination report has been filed, the Examiner may schedule a hearing.
After the hearing, the Examiner will decide whether to accept the mark and send the application for publishing
in the journal or reject it if any objections are still being raised.
 Step 5- Publication
When a trademark registration application is approved, it is advertised and published in the Trade Marks
Journal for 4 months. Public participation in a formal protest to the mark's registration is encouraged by the
publishing and publicity.
Official Registry Website updates every Monday which can be checked for Trade Marks Journal.
 Step 6- Opposition or Objection
Any individual who feels wronged after the trademark is promoted and published in a journal may submit a
notification opposing the registration of the trademark.
Within four months of the trademark's publication in the Trademark Journal, this opposition notification must
be submitted using Form TM-O.
If the trademark application is contested or objected to, then the proper legal procedure must be followed,
which includes submitting a counter-statement application, providing proof, and holding a hearing in order to
register the trademark.
 Step 7- Registration Certificate and its renewal
Registration is the last phase in the process, where the application advances to registration after overcoming
the objection and/or the resistance to the aforementioned trademark registration.
 The trademark receives an automatically created registration certificate within a week if there have been no
oppositions to the registration of the trademark throughout the advertisement/publication period of 4 months.
Following completion, the registration is valid for ten years, following which it must be renewed within a set
window of time.
 Grounds for Refusal-
 Absolute Grounds- Section 9 of the Act defines absolute grounds for registration denial.
 A mark is prohibited from being registered as a trademark if-
1. The trademarks that may be devoid of any distinguishing features.
2. If only consist of signs or signals that can be used in commerce to denote a particular sort, degree, number,
alleged grounds, value, or geographic origin.
3. Trademarks which exclusively contain marks or indications which have become customary in the current
language or the established practices of the trade.
4. It deceives the people or confuses them.
5. There are several things that can harm religious sensitivity.
6. There is a scandalous or obscene matter.
7. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act,
1950.
8. A mark cannot be registered as a trademark if it consists solely of one of the following-
 The shape of the good that defines the nature of the goods
 The shape of the good that is required to achieve a technical result.
 The shape of the good that adds substantial value to the good.
 Relative Grounds- The related grounds for refusal of registration are outlined in Section 11 of the Act.
1. According to Section 11(1), there are several reasons for rejection-
o Trademarks that mislead consumers because they are identical to older, similar trademarks for goods or
services.
o Trademarks that cause public confusion because they resemble a previous, identical brand for products or
services.
2. Listed under Section 11(2) are the following reasons for denial-
o Trademarks that would unfairly profit from an earlier, well-known, comparable trademark in India.
o Trademarks that would harm an older, well-known, similar Indian trademark's distinctive character or
reputation.
3. The following grounds for denial are listed in Section 11(3)-
o The law of passing off, which guards an unregistered trademark used in the course of business, is bound to
prevent the use of the brand.
o The law of copyright will inevitably forbid the use of the trademark.
 Sections 13 and 14 provide that specific name trademarks cannot be registered. It is not possible to register
trademarks that contain a word that is often used to refer to a particular chemical element or chemical
compound in relation to a chemical substance or preparation.
 Infringement of Trademarks
 In The Trademarks Act of 1999, Section 29 defines trademark infringement in India.
 Trademark infringement occurs when a third party uses a mark that is "identical" or "deceptively similar" to
one that has already been registered.
1. Direct Infringement- Following are the aspects that make up direct trademark infringement-
 Unauthorized person- This refers to a person who is not the registered trademark's owner or licensee.
 "Identical" or "Deceptively similar" marks- Whether a mark is identical or not is determined by assessing
the risk that the public will be confused. There is an infringement if customers are likely to be confused
between the two marks.
 Registered Trademark- Only a registered trademark may be violated. The common law idea of passing off
will apply to unregistered trademarks.
 Products/Services- Even the infringer's goods/services must be identical to or comparable to the goods that
the registered Trademark denotes in order for infringement to be shown.
 A registered trademark's exclusive statutory rights are violated whenever they are used without authorization.
2. Indirect Infringement- A common law concept known as "indirect infringement" holds both those who
directly infringe upon intellectual property rights and those who coerce others to do so liable. Contributory
infringement and vicarious liability are two types of indirect infringement, commonly referred to as secondary
liability.
 Two situations will make someone responsible for contributory infringement-
o When a person is aware of the violation.
o When a third party directly encourages the direct infringer to violate the law.
 The following situations will render a person vicariously liable-
o When the person has the power to influence the direct infringer's behavior.
o When someone benefits financially from the violation.
o When a person is complicit in the violation while knowing about it.
In situations involving employer-employee relationships and the like, vicarious responsibility frequently
applies. The Trademarks Act's section 114 makes a passing reference to this. This provision states that if a
firm violates the Act, then every individual in charge of the company shall be held accountable. With the
exception of someone who acted inadvertently and in good faith.
On the whole, indirect infringement happens when someone else violates a trademark even though they did
not do it themselves.
Passing Off- The tort known as passing off allows for the enforcement of unregistered trademark rights. A
person cannot misrepresent another person's goods or services thanks to passing off laws.
 It was once limited to the sale of products from one person to another. Later, it was expanded to include
commercial and non-trade activities. As a result, it was also quickened for occupations and non-trading moves.
 It is used nowadays to combat a variety of unfair business practices and rivalries where one person's actions
harm another.
 The primary issue in this tort is whether the defendant's actions qualify as deceive or mislead the general
public to the confusion between the industry activities of the two.
 Measures for passing off are distinct from those for an infringement. In contrast to the claim for passing off,
which is a common law remedy, the claim for infringement has a legal basis.
 Because of this, all that is necessary to establish trademark infringement in relation to a registered trademark
is to show that the infringing mark is identical to or confusingly similar to the certified mark.
 The classical trinity, also referred to as passing off, has three components. Reputational harm,
misrepresentation, and goodwill harm are a few of them.
 Common law courts have identified a few fundamental elements of passing off, including the following-
o Misrepresentation
o Made by a person in the course of business to potential or real customers of products and services
o To harm the business or goodwill of the other person
o Which actually causes harm to the person who initiated the activity.
 Remedies- In India, trademark infringement is a cognizable offence, meaning that in addition to civil
penalties, the offender may also be charged criminally.
 The registration of the trademark is also not necessary by Indian law for the initiation of civil or criminal
proceedings.
 This is because of the passing off principle under common law, as was previously mentioned. When a
trademark is violated or passed off as another, the court may grant the following relief-
o Temporary injunction
o Permanent injunction
o Damages
o Account of profits (damages in the amount of the profits gained from the infringement)
o Destruction of goods using the infringing mark
o Cost of legal proceedings
 In the case of a criminal proceeding, the court dictates the following punishment-
o Imprisonment for a period not less than six months that may extend to three years
o A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh.
 Design
 An industrial design is concerned with the "appearance of an article”, or the appearance and design of the
product.
 It does not safeguard a product's technical or practical aspects, such as how it operates. Many different
industrial and handmade goods use industrial designs.
 A three-dimensional figure like the shape of an article is included in an industrial design along with two-
dimensional figures like the lines, colors, and patterns of an object.
 Industrial designs can take many forms, including luxury goods like jewelry, medical devices like oximeters,
electrical appliances, furniture, housewares, architectural designs, textile designs, playthings like toys, and
graphical user interfaces such as navigation etc.
 Design is defined as under Section 2(d),“only the features of shape, configuration, pattern, ornament or
composition of lines or colors 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”.
 In the 18th century, the Patents and Design Protection Act, 1872 was the first legislation to deal with designs
and gave inventors the exclusive right of making, selling the designs for a short duration.
 This was followed by the Inventions and Designs Act, 1888 and then the Patents and Designs Act, 1907.
 However, a separate law was created altogether for Patents and the Patent Act, 1970 was passed. Up until
2000, industrial designs were protected under the Designs Act, 1911.
 The Design Act of 1911 was used to administrate this Act in the past.
 The Design Act, 2000 order was published in order to bring the Design Act up to par with international law.
 In this way, the Design Act of 2000 eventually manages the plan legislation. This Act updates and strengthens
the legal framework governing building security.
 It was published in the Indian Gazette and took effect on May 12, 2000. This Act is a complete, legitimate
code in and of itself.
 The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs
(Amendment) Rules 2014.
 Advantages of Design Protection-
 Here are some advantages of registering a design under the Design Act 2000-
 Legal Protection Against Copying of Designs- By registering their designs, companies can prevent others
from copying, reproducing, selling, or distributing goods with the same design as their own.
 Longer Validity- A certificate of design registration is good for ten years. After this time period has passed,
the validity may be renewed for an additional maximum of five years.
 Gives A Differentiating Advantage- The design registration unquestionably gives a business owner a
differentiator. This means that with a registered design, a business entity's products acquire a distinctive
character and appearance from those of its competitors.
 Maintains Creativity- The goods with registered designs are wholly original, which indicates that neither
they have ever been utilized in India nor have they been previously published in any WTO member country.
 Obtains Client Reaction- Another significant advantage of registering a design is that it only appeals to the
general public and is only evaluated visually.
 Promotes Innovation- Since originality is one of the main requirements for registering a design, the product
must be enticing and distinctive enough from competitors in order to encourage innovation and healthy
competition.
 Who can apply for design registration?
 As per Section 5 of the Act, any person who claims to be the proprietor of any new or original design can
apply for registration of such design.
 The term ‘proprietor’ has been defined in Section 2(j) to mean a person for whom author of the design has
executed the work in return for good consideration, or a person who has acquired the design or the right to
apply the design to any article, or the author of the design and any other person upon whom the right in the
design has devolved.
 Requirements for Registration-
 The following are the necessary requirements for registration of design that it-
o Should be judged solely by the eye and the features of the design should be visible.
o Should be new or original.
o Should not be disclosed to the public in India or elsewhere in the world by prior publication or by prior use
or in any other way.
o Should be significantly distinguishable from designs or combination of designs that are already registered or
pre-existing or disclosed to the public.
o Should not include any scandalous or obscene matter.
o Should be applied to an article by an industrial process.
o Should not include any feature that is purely functional.
o Should not include any trademark or property mark or artistic work as defined under the Copyright Act.
 Designs not covered under the purview of industrial design-
o Any stamps, maps, books, calendars, documents or forms, certificates, patterns, cards, leaflets, medals, and
many others which fall in artistic or literary works;
o Labels, tokens, cards, cartoons.
o Any principle or method of structure/construction of an article.
o Mere mechanical contrivance.
o Buildings and structures.
o Parts of articles not manufactured and sold separately.
o Variations commonly used in the trade.
o Mere workshop alterations of components of an assembly.
o A mere change in the size of the article.
o Flags, emblems, or signs of any country.
o Layout designs of integrated circuits.
 Some Important Provisions of the Act
 Section 3 of this act states that the Controller General of Patents, Design and Trademark appointed under the
Trade and Merchandise Marks Act, 1958 shall be the controller of Design for this act.
 Section 4 of the act states that any design which is either not new or original or is disclosed to the public
anywhere in India shall not be registered,
 Section 5 states that any person can file an application claiming to be the sole proprietor of any new or original
design then the Controller will then allude the application for assessment to the inspector to know whether
such plan is equipped for being enrolled under the Act. The controller will acknowledge the application and
continue appropriately to give enlistment to the structure if everything is great or if there emerges no
complaint.
 Section 5 (2) describes the application filling method, application for the enrollment of designs will be made
in the prescribed form and will be documented in the patent office alongside the recommended charge. The
application should express the class where the design is to be enlisted and the article or the articles to which
the design is to be applied. Separate applications are required to be petitioned for each class of article.
 Section 6 talks about registration respect of particular article it states
(1) A design may be registered in respect of any or all of the articles compromised and prescribed class of
articles.
(2) that any question arising as to the class within which any article falls shall be determined by Controller.
 Section 7 talks about the publication of particulars of registered Designs it states that The controller after
registration shall publish the particular design and introduce it in the public domain.
 Section 8 describes the power of Controller to make orders regarding substitution of application etc.
 Section 9 states that the Controller shall grant a certificate of registration to the proprietor of the design when
registered, it also says that in case the original copy of the certificate is lost the Controller can furnish one
more copy.
 Procedure of Registration-
 The following paperwork must be submitted to the Design Wing of the Patent Office at "Intellectual Property
Office", CP-2, Sector V, Salt Lake, Kolkata, or any of the Patent Office's branch offices in Delhi, Mumbai,
or Chennai.
 The Patent Office in Kolkata will process and prosecute any applications that the Branch Offices receive.
 In accordance with Sections 5 and 44 of the Design Act of 2000, applications are reviewed in the order in
which they are submitted.
 The following are the steps of the procedures needed to register a design which are mentioned in Chapter 2
of the act-
 Step 1- Submit Application
The application must be properly submitted using the prescribed form (Form -1), along with the required
filing fees, and include information such as the applicant's full name, address, nationality, article name, service
address, class number, and four copies of a representation of the design for an article printed on sturdy paper
that measures 210 mm by 296.9 mm and has a suitable margin on each copy.
The elements of the design from various angles should be clearly shown in the images, sketches, and computer
graphics.
The application must be signed by the applicant or his authorized representative. For small businesses, Form-
1 must be filed along with Form-24 and supporting documentation.
A statement of innovation and disclaimer (if any) must be added to a representation sheet that is properly
signed and dated in relation to a trademark, mechanical action, letter, or numerical work.
 Step 2- Request for Examination
 Step 3- Objections Raised
The applicant or his/her agent is informed of any objections or flaws found during the application's assessment
at the address designated for service. Such flaws must be fixed within 6 months of the application date;
however, this deadline may be extended for an additional 3 months upon written request and payment of the
applicable charge.
 Step 4- Hearing for Justification
The applicant will be given a hearing if the flaws are not corrected as the Controller has specified. After the
hearing, the controller is free to determine whether to approve or disapprove the application. The controller's
decision will be notified in writing, along with its justification, to the applicant or his representative.
 If an applicant disagrees with the controller's decision, he may file an appeal with the High Court, but he must
do so within three months of the date of the controller's decision.
 Step 5- Grant of Application
If the applicant has neglected the application and does not follow the steps to remove any objections or flaws
within the allotted period, the application will be deemed abandoned. Additionally, a request is approved once
all flaws or objections have been fixed. The application is mentioned in Patent Office Journal.
 Documents Needed-
When submitting an application for the registration of a design, the following papers or forms must be
included-
1. Application Form-1
2. Power of Attorney (POA)
3. Representation sheets including different perspective views of the article clearly showing the novel design.
The representation sheets can include photographs, line diagrams, or sketches.
4. Details of Class of articles for which design protection is sought
5. Details of Applicant
6. Certified copy of priority document if priority is claimed from a foreign application
7. Payment of Filing Fee.
8. Additional documents may be required on a case-to-case basis.
 Period of Protection-
 The Patent Office issues registration once the design application satisfies the necessary criteria.
 The registration grants the applicant ten-year initial and fifteen-year renewable copyright in the design.
 Relevant Cases-
 Tarun Sethi & Ors. v. Vikas Budhiraja & Ors- A little displacement or change achieved by variations or
alterations that did not materially modify an already registered design or a previously published shape that is
available in a private publication are not enough to demonstrate the novelty of a design, according to the Delhi
High Court.
 M/S. Whirlpool of India Ltd. v. M/S Videocon Industries Ltd- In this case, Whirlpool would have obtained
two registered designs. The same aspects of shapes and configuration were covered by a design that Videocon
also registered, and it was immediately clear that the two were identical. The Videocon argued that because
the design had previously been registered, it was exempt from liability for infringement or passing off. The
Court disagreed with Videocon's argument and determined that there were similarities between the plaintiff's
and defendant's designs. As a result, Videocon was found responsible for both the infringement and the
passing of the plaintiff's design.
 Piracy, Infringement and Remedies-
 A person is deemed to be infringing if they attempt to import or even publish a registered design for any
fraudulent or imitation purposes without first obtaining permission from the absolute owner of the design.
 It is typical for two designs to be declared similar after being compared and finding similarities in an actual
judgement regarding similarity-
o The features (characteristic creation, the standout component while the article is being utilized, etc.) of the
designs.
o The general dominant constitution and the specific dominant constitution of both designs.
o A prevailing constitution that is same in both designs.
o Neither design significantly differs from the other save for somewhat differing prevailing constitutions (i.e.,
the difference is a well-known constitution).
 The Act's Section 22 enables for legal action to be taken against the theft of a registered design. Any obvious
fraudulent imitation of a registered design without the proprietors concerned is considered unlawful.
 The Design Act of 2000 states in Section 22(2) of the Act the obligations of the person who violates the
design. The registered owner of the Design is given remedies under the same provision.
 As a result, in accordance with Section 22(2) of the aforementioned Act, the violating party is liable as
follows-
1. According to Design Act Section 22(2)(a), the violator must pay a fine of up to Rs. 25,000 (Rupees Twenty-
five Thousand Only) for each violation committed. The entire sum must equal (but not exceed) Rs. 50,000.
(Rupees Fifty thousand only). The aforementioned sum is for the reimbursement of the infringement.
2. According to Section 22(2)(b), the registered design owner has specific rights that allow for the recovery of
damages and the holding of the offender accountable.
 It states that it would be illegal for anyone to apply the design itself to any article in the class of articles for
which the design is registered, import any such article, or knowingly publish that the article is for sale if done
for the purpose of selling it without a license or written permission from the proprietor.

 Geographical Indications
 A geographical indication (GI) is a label applied to goods with a particular geographic origin and
characteristics or a reputation derived from that origin. An indication that a product is made in a certain
location is necessary for a sign to be considered a GI.
 In simpler words-
o It serves as an indication.
o It comes from a certain geographic region.
o It is used to distinguish manufactured, organic, or agricultural items.
o The manufactured commodities must be created, processed, or produced inside that region.
o It should possess a unique quality, a solid reputation, or other qualities.
 The origin of the product should largely account for its traits, attributes, or reputation. There is an obvious
connection between the product and its original site of production because the attributes are dependent on the
geographic location of production.
 A geographical indication right permits the owner of the right to use the indication to stop a third party from
using it to market a product that doesn't meet the relevant criteria.
 However, the owner of a protected geographical indication cannot stop someone from producing a product
using the same methods as those specified in the indication's specifications. A right over the sign that makes
up a geographical indication is typically needed to get protection for it.
 India's first product to bear the geographical indication label is Darjeeling Tea. This label is regarded as a
certification that states if the product was made using conventional techniques and specifies particular
attributes that confer reputation depending on geographic origins.
 This makes it possible for the popular product name to be protected from being taken by any authority other
than authorized users.
 The World Intellectual Property Organization (WIPO) defines a geographical indication as a distinguishing
mark with a particular origin that highlights the characteristics or traits that the good possesses.
 The Paris Convention for the protection of Industrial Property, 1883, served as the basis for the requirements
of protection and safeguarding Geographical Indication.
 The Madrid Agreement for Repression of False or Deceptive Indications of Source of Goods, 1891, also
comes after it. Geographical indications are the main emphasis of these international instruments.
 The Geographical Indications of Goods (Registration and Protection) Act, 1999, which went into effect in
September 2003, governs geographical indication administration in relation to the Indian subcontinent along
with Geographical Indications of Goods (Registration and Protection) Rules, 2002.
 The term “Geographical Indication” is defined under Section 2(e) of the Rules as, “It means an indication
which identifies a commodity or a product as a natural good, agricultural good or manufacturing good
concerning the place or region. The quality of these goods is derived from the geographical place of its origin.
 Article 22 of the TRIPS Agreements define a geographical indication as “signs that originate in a member or
identify a good location in an area or locality where a given quality, reputation, or specialty is assigned to its
geographical location is essentially acceptable”.
 The Geographical Indication provided prior to registration has the following three characteristics-
1. Giving the producer information on the necessity of registration and authorization.
2. Demonstrating the genuineness of a registered good.
3. Ensuring the goods' quality.
 The Act's Section 11(1) outlines who may submit a request for geographical indicators. The producers, an
organization, associations, or any authority may file it. This entity needs to be interested in the concerned
goods producer and must be willing to register the goods.
 A manufacturer of an item qualifies to be recognized as an authorized user, according to Section 17 of the
Geographical Indications of Goods Act, 1999.
 Procedure for Registration
 The Geographical Indications of Goods Act's Section 12 outlines the rights that registration confers-
1. It grants the good's geographical indication an exclusive right of use.
2. This Act may be invoked as a remedy in the event of an infringement. These rights are not absolute and they
are susceptible to restrictions, variations and limitations.
 Step 1- Filing of the Application.
The registration application must be submitted in three copies. It should be signed by the applicant, and the
statement of the case should follow.
Additionally, an affidavit declaring the interest in the good is required. Section 11(2) of the application
provides an explanation of its contents.
The specifics comprise the origin of the good, its category, a map of the area where the good is located, and
finally the applicant's information.
The Geographical Indications Registry's website contains the registration form.
 Step 2- Preliminary Scrutiny
Section 11(5) to 15 refers to the preliminary scrutiny and examination, respectively. The application is
carefully examined by the examiner to look for mistakes or misleading information.
 Step 3- Examination
 If there are any such mistakes, the applicant has one month to check it and correct it. The Registrar consults
with an expert panel of at least seven members to determine the validity of the application.
 Step 4- Issue of Show Cause Notice
The Registrar reviews the application and raises objections in the fourth step, which is the issuance of the
show-cause notice described in Section 12. The petitioner may appeal if they believe these arguments are
unjustified or unreasonable.
 Step 5- Advertisement
The geographical indication that has been accepted is published in the Geographical Indications Journal,
according to Section 13, which is an advertisement.
 Step 6- Opposition to Registration
The Registrar permits the applicant to amend any inaccuracies that are contained in counterclaims and in an
answer to the opposition.
 Step 7- Corrections and amendments
The Registrar's approval of corrections and amendments under Section 15 of the act.
 Step 8- Registration
The registration process outlined in Section 16.
 Step 9- Duration, Renewal and Restoration
After accepting the application, the Registrar registers the GI. In accordance with Rule 55 of the Geographical
Indications of Goods (Registration and Protection) Rules, 2002, the Registrar shall provide the authorized
user with a certificate in Form-2 bearing the seal of the GI's register. The length, renewal, and restoration are
described in Section 18 is of 10 years.
 Step 10- Appeal to the Intellectual Property Appellate Boards
According to this, anyone who feels aggrieved may seek redress through the Intellectual Property Appellate
Board (IPAB).
 Period of Registration
 The period of registration of geographical indication is 10 years. After the ten-year validity period has passed,
it may be renewed.
 Prohibitions of Registration of certain GI
 Section 9 of the act enshrines the prohibition of registration of certain geographical indications which are as
follows-
1. GI which is likely to deceive or cause confusion.
2. The use of which would be contrary to any law.
3. GI which comprises or contains scandalous or obscene matter.
4. GI which are likely to hurt the religious susceptibilities of citizens of India.
5. GI which would otherwise be disentitled to protection.
6. GI which is a generic name.
7. GI which makes false representations.
 Penalties and remedies
 Penalty for applying false geographical indication
Section 39 lays down penalty for applying false geographical indication and provides that any person who-
1. falsifies any geographical indication; or
2. falsely applies to goods any geographical indication; or
3. makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose
of falsifying or of being used for falsifying a geographical indication; or
4. applies to any goods to which an indication of the country or place in which they were made or produced or
the name and the address of the manufacturer or person for whom the goods are manufactured is required to
be applied under section 71, a false indication of such country, place, name or address; or
5. tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is
required to be applied under section 71; or
6. causes any of the above-mentioned things to be done, unless he proves that he acted without intent to defraud,
punishable with imprisonment for a term which shall not be less than six months but which may extend to
three years and the fine which shall not be less than Rs. 50,000/- but which may extend to Rs. 2 lakhs.
 Penalty for selling goods to which false geographical indication is applied
According to section 40, any person who sells, lets for hire or expose for sale, or hires or has in his possession
for sale, goods or things to which any false geographical indication is applied, or where section 71 is
applicable, a false indication of country, place, name or address is applied, is punishable with imprisonment
for a term between 6 months to 3 years and with fine between Rs. 50,000/- to Rs. 2 lakhs. For adequate and
special reasons, a lesser sentence or fine may be imposed.
 However, no sentence may be awarded where that person proves-
1. That having taken all reasonable precautions against committing an offence, he had at the time of commission
of the alleged offence no reason to suspect the genuineness of the geographical indication or that any offence
had been committed in respect of the goods; or
2. that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the
person from whom he obtained such goods or things; or
3. that otherwise he had acted innocently.
 Enhanced penalty on second or subsequent conviction
Section 41 provides for enhanced penalty for second or subsequent conviction under section 39 or 40. The
term of imprisonment in such cases shall not be less than one year but it may extend up to 3 years and fine of
not less than Rs. 1 lakh which may extend up to Rs. 2 lakhs. The discretion is vested with the courts to impose
a lesser punishment than the minimum punishment after recording in the judgement adequate and special
reasons for awarding such lesser punishment.
Offences under section 39, 40 or 41 shall be cognizable. No cognizance, however, shall be taken of any
conviction made before the commencement of the Act.
 The civil remedies for the infringement of GI are mentioned under the act which provides-
1. Injunctions
2. Damages
3. Delivery-up of infringing labels and indications.
 Advantages of GI
 The following are some benefits of geographic indication-
o It gives the product legal protection.
o It forbids the user from making any unauthorized use.
o Supports and assists customers in obtaining high-quality goods that adhere to universal standards.
o It encourages economic expansion and raises demand for the product on both domestic and foreign markets.
o It enables producers to command a fair price in a cutthroat market and claim the label of premium goods.
o It forbids malpractice or deceptive practices and steers clear of the market's low-quality goods.
o Strengthens the economy's exports and economic wealth.
o An increase in trade and tourism.

 Copyright
 One of the types of intellectual property, copyrights need originality and creativity.
 No matter if the work is registered or not, copyrights are nonetheless protected for all works created by
anonymous or pseudonymous artists.
 A copyright, also known as an author's right, is a legal word used to define the ownership rights that authors
hold over their creative works, according to WIPO.
 Copyrights apply to a wide variety of works, including computer programmes, databases and technical
drawings in addition to books, music, paintings, sculptures, and films.
 There is copyright protection available both during and beyond the author's lifetime.
 The Indian Copyright Act, 1847, passed by the British during the reign of the East India Company, was India's
first copyright law and was intended to implement English copyright regulations there.
 It was replaced by the Copyright Act of 1911, which also applied to all British territories, including India.
 It was further changed once again in 1914 by the Indian Copyright Act, 1914, which remained in effect in
India taking its model from the English Copyright Act of 1911, until the parliament of independent India
replaced it with the Copyright Act, 1957.
 It has undergone six revisions, the most recent of which was in 2012.
 Dimensions of Copyright- The copyrights come in a variety of forms-
 Economic Rights- Economic rights refer to the ability of the author to grant permission for the use of a work
in a variety of contexts, such as distribution, broadcasting, adaptation, etc. The majority of the time, creators
are interested in commercializing their works, therefore they transfer their rights to organizations with the
necessary tools to do so effectively.
 Under Section 14 of this Act different types of work come with different types of rights-
 Original literary, musical, and dramatic work-
o Right to reproduce
o Right to issue copies
o Right to perform at public
o Right to make cinematography and sound recording
o Right to make any translation
o Right to adaptation
o Right to do any other activities related to the translation or adaptation.
 Computer program work-
o Right to do any act aforesaid mentioned
o Right to sell, rent, offer for sale of the copyrighted work.
 Artistic work-
o Right to reproduce
o Right to communicate
o Right to issue copies
o Right to make any cinematography and sound recording
o Right to make an adaptation
o Right to do any other activities related to the translation or adaptation.
 Cinematograph film work-
o Right to sell, rent, offer for sale of the copyrighted work
o Right to communicate
o In the case of a sound recording work
o Right to communicate
o Right to issue copies
o Right to sell, rent, offer for sale of the copyrighted work.
 Moral Rights- For the integrity of the creator's work to be recognized and respected, moral rights are
essential. The author who exercises these rights has the option to limit distribution of a work as well as any
mixing or modification of his rights.
 The Berne Agreement of 1886, officially known as a global convention for the protection of literary and
inventive works, supports these rights through Article 6, whose main clause is based on the concept of national
treatment, or treating the opposing good as one's own.
 The Copyright Act of 1957's Section 57 recognizes two categories of moral rights-
 Right to paternity, which includes the ability to claim authorship of a work and the ability to prevent others
from doing the same.
 Right to integrity, which includes the right to prevent and the right to sue for damages if the stated work is
altered, copied, or subjected to any other act if such alteration, copying, or alternative act will be detrimental
to claim the honor.
 Neighboring Rights- The rights that cover the work done by certain people or organizations are known as
neighboring rights. While copyrights safeguard the work of authors, neighboring rights shield the creative
work of all other parties involved.
 Subject Matter- ‘Works’ is the word used to denote all subject matters protected by copyright. According to
Section 13 of The Copyright Act 1957, the following are works-
1. Original Literary Work,
2. Original Dramatic Work,
3. Original Musical Work,
4. Original Artistic Work,
5. Cinematography films,
6. Sound recordings.
1. Original Literary Work
 Since literary works exist in tangible form, they are protected by copyright.
 The Copyright Act of 1957 offers a comprehensive definition of Books, magazines, newspapers, journals,
anthologies, novels, computer programmes, letters, e-mails, poetry, song lyrics, tables, and collections are all
examples of literary works.
 The protection provided by copyright laws extends beyond the previously stated items and includes abstracts,
dictionary definitions, encyclopedia articles, and individual poems.
 It is a creation of the human intellect that can be described in writing as a succession of verbal or numerical
statements that have been reached through the application of significant autonomous talent, creative work, or
judgement but are not necessarily of artistic worth.
2. Original Dramatic Work
 The Copyright Act of 1957 states that a dramatic work comprises any item intended for recitation,
choreography, or entertainment in dumb shows, as well as any set design or acting style that is specified in
writing or another way, but excludes cinematographic films.
 The additional items fall under the generic concept of dramatic work and could be included in the definition
because it is so inclusive.
 Dramatics encompasses dance, mime, screenwriting, ballets, operas, and other performing arts. Dramatic
creators, composers, choreographers, dramatists, poets, authors, and others are protected by copyright laws
from having their work copied.
3. Original Musical Work
 The Copyright Act of 1957 defines a musical work as any work that contains music and includes any graphical
representation of that work, but excludes any words or actions that are intended to be sung, spoken, or
performed in conjunction with the music.
 A unique musical work is required in order for it to be protected by copyright.
 A work must contain both graphical notations and music in order to be considered musical. A musical work
is one that contains music. However, it does not include any gestures or expressions meant to be sung or
uttered together with the music.
 The composer who created the musical composition is well-known. Regardless of how the music is recorded,
a composer is someone who creates the music.
4. Original Artistic Work
 The Copyright Act of 1957 states that an "artistic work" is any painting, sculpture, drawing, engraving, or
picture of a piece of work with aesthetic elements. It also covers the artwork's architecture and craftsmanship
as well.
5. Cinematography films
 The term "cinematograph" shall be defined to include any work generated by any process equivalent to
cinematographic, including video films, as stated in the Copyright Act of 1957.
 Cinematographic films include any work of visual recording and a sound recording accompanying such visual
recording.
 Cinematograph films feature a wide range of activities, including- any visual work that is shown on a medium
that allows the visualization of any moving item and working with recordings of sound.
 Stages of copyright protection for cinematography-
1. Before production- Before any movie is made, a ton of planning goes into it, including hiring actors and
crew, writing the script and screenplay, scheduling the shoot, choosing the venue, holding rehearsals, etc.
Here, there must be very stringent guidelines and legal protection to ensure that nothing can be copied.
2. After production- Once a movie is launched, duplication protection becomes absolutely essential.
6. Sound recordings
 The Copyright Act of 1957 states that a sound recording is a collection of sounds from which a sound may be
formed, regardless of the media on which the recording is recorded or the process used to create the sounds.
 The definition of an original work is given in clause (a) of this Section 13, while clauses (b) and (c) protect
byproduct works.
 Any audio or podcast that contains any person's speech, a song sung by any person with or without music, or
any sound recording. The audio files are protected by copyright.
 The producer is the person who created the sound recording. The creator of any sound has the right to claim
ownership of any sound recording that he or she used to generate it.
 Ownership of Copyright- In accordance with the provisions of this Act, Section 17 of this Act declares that
the author of a work shall be the initial owner of the copyright therein.

 Assignments and Licensing

 Copyright is essentially a personal property right that is managed by a number of laws that are controlled by
the state.
 The ownership, inheritance, and transfer of copyright rights are governed by these laws and regulations.
 The owner of the copyright has two options for transferring it-
1. An assignment.
2. Through a license.
 Assignment
 The process of selling the owner of any work's copyright rights to another party through the use of a contract
is known as assignment or sale agreement for copyright.
 After the ownership is transferred, the person who granted the copyright has no influence over how the third
party will use it.
 The individual selling the copyright is referred to as the assignor, and the purchaser is referred to as the
assignee.
 After a sale is finalized, the assignee becomes the owner of all rights and is free to utilize the work however
he sees fit.
 The subject of the copyright assignment must be explicit and without any ambiguity for the assignment to be
effective. The contract must also be in writing and signed by both parties.
 Mode of the Assignment Agreement- Pursuant to Section 19, the following requirements must be met for
an Assignment to be effective-
 It should be in writing and signed, include information on the types of rights granted, their term, or territorial
scope, and provide information about the amount of any applicable royalties.
 It is stated that if the duration of the agreement is not specified, it will be deemed to be five years, and if the
territorial scope is not specified, it will be deemed to apply to the entirety of India.
 Dispute w.r.t. Assignment- If the assignee fails to adequately exercise the rights granted to him and this
failure is not attributable to any act or omission on the part of the assignor, the Appellate Board may revoke
the assignment upon receipt of a complaint from the assignor and after conducting any inquiry it may deem
necessary.
 After receiving a complaint from the party who was wronged and doing any necessary inquiries, the Appellate
Board may issue a proper order in the event of a disagreement regarding the assignment of copyright, which
may include an order for the recovery of any due royalties.
 Licensing
 In order for another party to exercise parts of the owner's copyright ownership rights without those activities
being regarded as a copyright infringement, the owner must either possess or maintain his or her copyright
ownership rights.
 This is known as a license under copyright laws.
 The term "licensor" refers to the person granting the license, and the term "licensee" refers to the recipient of
the license.
 A license is typically preferred over an assignment.
 This is so that the copyright holder has complete control over his work and can exercise ownership over it,
whereas the licensee only utilizes a limited number of the copyright holder's rights.
1. Voluntary License- Section 30 of the Copyright Act of 1957 states that the owner of a work's copyright may
assign any interest in that copyright to any person by way of a written license that must be signed by both the
owner and any properly authorized representative.
 If there is no stipulation to the contrary, the legal representatives of a licensee of the copyright in a future
work who passes away before that work is created are entitled to the benefit of the license.
 The license operates similarly to an assignment deed, with the essential adjustments set forth. Therefore, just
like an assignment, the following information should be included in a licensing deed for a work-
o Duration of the License.
o Territorial extent of the license.
o Work identification.
o Terms regarding the revision, extension and termination.
o The rights licensed
o The amount of royal which is payable.
 Exclusive License- According to Section 2(j), an exclusive license is one that only grants the licensee and
those who have been approved by him the rights included in the copyright work.
 Non-exclusive License- It does not grant the right to exclude. It is merely the provision of permission to carry
out an action that would have otherwise been illegal. When an exclusive right is granted, the owner forfeits
all of his rights and has no further claim to the economic rights that were transferred.
 Co-exclusive License- In this case, the licensor agrees to only award licenses to a select number of additional
licensees while granting licenses to more than one licensee.
 Sole License- Exclusive usage is permitted exclusively by the licensor and the licensee alone under a sole
license without the exclusion of any third party.
 Implied license- When an author expressly or implicitly consents to the usage of his work.
2. Compulsory License
 India as a signatory to the Berne Convention, has adopted the mandatory license clause into its Copyright Act
of 1957.
 The Act stipulates that, under certain conditions, obligatory licenses may be granted for Indian work that
serves the public interest such as- Compulsory License in Unpublished or Published Work (Section 31-A),
Compulsory License for the Benefit of Disabled Persons (Section 31-B) etc.
 Procedure for Registration
 Following are the steps of registering your original work with the copyright registrar in accordance with Rule
70 of the 2013 Copyright Rules and Chapter X of the Indian Copyright Act, which was passed in 1957-
 Step 1- Filing an application
The application is submitted by the author of the work, a copyright claimant, the holder of an exclusive right
to the work, or an authorized agent in person at the copyrights office, by speed/registered mail, or
electronically through the facility provided on the official website.
Each work must have its own application submitted to the registrar, together with information on the work, in
order to be registered.
Additionally, the required cost must be paid. The fee for each type of work varies.
All required supporting documentation must be included with this application.
The applicant will receive a dairy number from the registrar at the conclusion of this round.
 Step 2- Examination
The evaluation of the copyright application occurs in the next step.
After the dairy number is given out, a minimum waiting time of 30 days applies.
The copyright examiner evaluates the application during this time.
This waiting period is there to allow for the emergence and consideration of objections. Here, the procedure
is split into two parts-
1. The examiner reviews and carefully examines the application to look for any discrepancies if no objections
are presented.
o It is a case of zero discrepancies if there is no error and all necessary documents and information are submitted
with the application. The candidate is now able to move on to the following phase.
o A letter of discrepancy is provided to the applicant in the event that certain differences are discovered. The
registrar holds a hearing based on his response. The applicant is permitted to proceed to the following stage
once the disparity has been rectified.
2. When someone objects to an application, letters are given to both parties, and the registrar then summons
them to a hearing.
o If the objection is heard and dismissed, the application is reviewed and the aforementioned discrepancy
procedure is carried out.
o A rejection letter is provided to the applicant in the event that the objection is not clarified or the difference
is not resolved. This marks the conclusion of the applicant's copyright registration process.
 Step 3- Registration
Registration is the process's last phase. The registrar may need further documentation at this stage.
The Registrar of Copyrights would put the information regarding the copyright into the register of copyrights
and issue a certificate of registration once they were totally satisfied with the applicant's copyright claim.
When the applicant receives the Extracts of the Register of Copyrights, the procedure of copyright registration
is complete (ROC).
 Infringement and Remedies
 When someone replicates another creator's work, whether on purpose or accidentally, it is considered to be
an infringement. Primary infringement and secondary infringement are the two categories into which
infringement is typically divided.
 Owners of valid copyrights are entitled to- Release the work, public performance of the work, Create the piece
in a tangible medium, any translation of the work should not be created, replicated, performed, or published
Create any necessary adaptations and communicate the work.
 For copyright infringement, there are three different sorts of remedies available in India are civil and criminal.
 Civil Remedies- Section 55 of the Copyright Act of 1957 addresses civil remedies for copyright infringement.
The various civil remedies include-
1. Interlocutory Injunctions- The granting of an interlocutory injunction is the most significant remedy. Most
often, an application for interlocutory relief is submitted, and the matter rarely progresses past the
interlocutory stage.]
A grant of an interlocutory injunction must satisfy three conditions: A first impressions case. Second, there
should be a balance between convenience and cost. Finally, there must be an injury that is beyond repair.
2. Pecuniary Remedies- Three monetary remedies are also available to copyright owners under Sections 55 and
58 of the Copyright Act of 1957.
First, a profit account that enables the owner to demand the amount of money equal to the profit obtained by
illegal means.
Second, compensating damages, which enable the owner of the copyright to recover losses he incurred as a
result of the infringement.
Third, conversion damages that are calculated based on the item's worth.
3. Anton Pillar Orders
The ownership in Anton Pillar AG V. Manufacturing Processes gave rise to the name of the Anton pillar
order.
There are the following components in an Anton Pillar Order-
First, a court must issue an injunction prohibiting the offender from damaging or stealing property.
Second, a court order allowing the plaintiff's attorney to search the defendant's property and remove any items
they are keeping in safekeeping.
The defendant should be required to reveal the names and addresses of suppliers and customers, as the third
order.
4. Mareva Injunction
The Mareva injunction is used when the court thinks the defendant is attempting to stall or prevent the
implementation of any judgement rendered against him.
 The court has the authority to order him to surrender all or any portion of his property to the court in order to
satisfy the decision. Order XXXVIII, Rule 5 of CPC stipulates this.
5. Norwich Pharmacal Order
When information must be obtained from a third party, the Norwich Pharmacal Order is typically passed.
 Criminal Remedies- The Copyright Act of 1957 provides the following remedies for infringement-
Imprisonment not less than six months and can be extend up to three years.
The fine of not less than Rs. 50,000/- and can be extend up to Rs. 2 lakhs.
Searching for and seizing counterfeit goods.
Delivery of counterfeit goods to the owner of the copyright.
 Importance of Copyright
 A public record is made when a copyright is registered and also letting the world know that your work is
copyright protected.
 It gives you the ability to bring legal action and file a lawsuit against someone who violates your copyright,
such as by selling copies of your work without your consent.
 By allowing you to utilize your work in a variety of ways including creating copies, giving public
performances, broadcasting your work and receiving the proper compensation for it, it offers you financial
advantages.
 You are able to alter the format of your work. You can alter or revise the work, for instance, or create a sequel.
 You are able to transfer or sell the rights to your creative work.
 It enables you to obtain official proof of your ownership.