SJC Institute of Technology

Research Methodology & Intellectual Property Rights (IPR)

Model Question Paper-1
1 A) Define the term research and explain the research flow cycle with a relevant diagram.
 Research in common refers to a search for knowledge
 research as a scientific and systematic search for pertinent information on a specific topic
 research is an art of scientific investigation
 Dictionary definition of research is a careful investigation or inquiry specially through search for
new facts in any branch of knowledge
 Some people consider research as a movement from the known to the unknown
 Research is, thus, an original contribution to the existing stock of knowledge making for its
advancement.
 It is the pursuit of truth with the help of study, observation, comparison and experiment.
 search for knowledge through objective and systematic method of finding solution to a problem is
research

The research cycle starts with basically a practical problem: one must be clear what the
problem being attempted to solve is and why it is important. This problem motivates a research
question without which one can tend to get lost in a giant swamp of information. The question helps
one zero in onto manageable volume of information, and in turn defines a research project which is an
activity or set of activities that ultimately leads to result or answer, which in turn helps to solve the
practice al problem that one started with in the first place as shown in Fig.

B) What are the three broad categories of developing and accessing knowledge in research?
Explain with a diagram.
The ways of developing and accessing knowledge come in three, somewhat overlapping, broad
categories:
(i) Observation is the most fundamental way of obtaining information from a source, and it could be
significant in itself if the thing that we are trying to observe is really strange or exciting, or is difficult
to observe. Observation takes different forms from something like measurements in a laboratory to a
survey among a group of subjects to the time it takes for a firmware routine to run. The observational
data often needs to be processed in some form and this leads to the second category of knowledge, the
model.
SJC Institute of Technology

(ii) Models are approximated, often simplified ways of describing sometimes very complex
interactions in the form of a statistical relationship, a figure, or a set of mathematical equations. For
instance, the modeling equation captures the
relationship between different attributes or the behavior of the device in an abstract form and enables
us to understand the observed phenomena.
(iii) The final category is a way of arranging or doing things through processes, algorithms,
procedures, arrangements, or reference designs, to get a certain desired result.
The categories of knowledge as enumerated above are shown in Fig

C) What are the key ethical issues related to authorship? Explain each one.
Ethics generally refers to a set of rules distinguishing acceptable and unacceptable conduct,
distinguishing right from wrong. Ethics is the morality of a human act. Although ethics are not laws,
but laws often follow ethics because ethics are our shared values.

Technological developments raise a whole range of ethical concerns such as privacy issues and data
related to surveillance systems, and so engineering researchers need to make ethical decisions and are
answerable for the repercussions borne out of their research as outcomes.

the reason that ethics matter in data used in engineering research is usually because there is impact on
humans. Certain practices may be acceptable to certain people in certain situations, and the reasons for
unacceptability may be perfectly valid.

We have unprecedented access to data today, and unprecedented options for analysis of these data and
consequences in engineering research related to such data. Engineering ethics gives us the rule book
tells us, how to decide what is okay to do and what is not.

Engineering research is not work in isolation to the technological development taking place.
Researchers make many choices that matter from an ethical perspective and influence the effects of
technology in many different ways:
(i) By setting the ethically right requirements at the very outset, engineering researchers can ultimately
influence the effects of the developed technology.
(ii) Influence may also be applied by researchers through design (a process that translates the
requirements into a blueprint to fulfill those requirements). During the design process, decision is to be
made about the priority in importance of the requirements taking ethical aspects into consideration.
(iii) Thirdly, engineering researchers have to choose between different alternatives fulfilling similar
functions.
 SJC Institute of Technology

Research outcomes often have unintended and undesirable side effects. It is a vital ethical
responsibility of researchers to ensure that hazards/risks associated with the technologies that they
develop, are minimized and alternative safer mechanisms are considered.

2 A) Discuss the different types of engineering research. Clearly point out the differences between
all of them with examples
The different types of research are
(i) Descriptive versus Analytical: Descriptive research includes comparative and correlational
methods, and fact-finding inquiries, to effectively describe the present state of art. The researcher
holds no control over the variables; rather only reports as it is. Descriptive research also includes
attempts to determine causes even though the variables cannot be controlled. On the contrary, in
analytical research, already available facts for analysis and critical evaluation are utilized. Some
research studies can be both descriptive and analytical

(ii) Applied versus Fundamental: Research can either be applied research or fundamental (basic or
pure) research. Applied research seeks to solve an immediate problem facing the organization,
whereas fundamental research is concerned with generalizations and formulation of a theory. Research
concerning natural phenomena or relating to pure mathematics are examples of fundamental research.
Research to identify social or economic trends, or those that find out whether certain communications
will be read and understood are examples of applied research. The primary objective of applied
research is to determine a solution for compelling problems in actual practice, while basic research is
aimed at seeking information which could have a broad base of applications in the medium to long
term.

(iii) Quantitative versus Qualitative: Quantitative research uses statistical observations of a

sufficiently large number of representative cases to draw any conclusions, while qualitative
researchers rely on a few non representative cases or verbal narrative in behavioral studies such as
clustering effect in intersections in Transportation engineering to make a proposition.

B) List the different types of research misconduct and provide a brief explanation for each one.
Engineering research should be conducted to improve the state-of-the-art of technologies. Research
integrity encompasses dealing fairly with others, honesty about the methods and results, replicating
the results wherever possible so as to avoid errors, protecting the welfare of research subjects, ensuring
laboratory safety, and so forth. In order to prevent mistakes, peer reviews should take place before the
research output is published

There may be different types of research misconduct as described as follows:

(i) Fabrication (Illegitimate creation of data): Fabrication is the act of conjuring data or experiments
with a belief of knowledge about what the conclusion of the analysis or experiments would be, but
cannot wait for the results possibly due to timeline pressures from supervisor or customers.

(ii) Falsification (Inappropriate alteration of data): Falsification is the misrepresentation or

misinterpretation, or illegitimate alteration of data or experiments, even if partly, to support a desired
hypothesis even when the actual data received from experiments suggest otherwise. Falsification and
fabrication of data and results, hamper engineering research, cause false empirical data to percolate in
the literature, wreck trust worthiness of individuals involved, incur additional costs, impede research
progress, and cause actual and avoidable delays in technical advancement. Misleading data can also
crop up due to poor design of experiments or incorrect measurement practices.

The image of engineering researchers as objective truth seekers is often jeopardized by the
discovery of data related frauds. Such misconduct can be thwarted by researchers by always trying to
 SJC Institute of Technology

reproduce the results independently whenever they are interested to do further work in a published
material which is likely to be part of their literature survey.

(iii) Plagiarism (Taking other’s work sans attribution): Plagiarism takes place when someone uses or
reuses the work (including portions) of others (text, data, tables, figures, illustrations or concepts) as if
it were his/her own without explicit acknowledgement. Verbatim copying or reusing one’s own
published work is termed as self-plagiarism and is also an unacceptable practice in scientific literature.
The increasing availability of scientific content on the internet seems to encourage plagiarism in
certain cases, but also enables detection of such practices through automated software packages

(iv) Other Aspects of Research Misconduct: Serious deviations from accepted conduct could be
construed as research misconduct. When there is both deception and damage, a fraud is deemed to
have taken place. Sooner or later ethical violations get exposed. Simultaneous submission of the same
article to two different journals also violates publication policies. Another issue is that when mistakes
are found in an article or any published content, they are generally not reported for public access
unless a researcher is driven enough to build on that mistake and provide a correct version of the same
which is not always the primary objective of the researcher.

3 A) What are the primary goals of conducting a literature review in academic Research?
 The primary goal of literature review is to know the use of content/ideas/approaches in the
literature to correctly identify the problem that is vaguely known beforehand,
 to advocate a specific approach adopted to understanding the problem, and to access the choice
of methods used.
 It helps the researcher understand clearly that the research to be undertaken would contribute
something new and innovative.
 The quality of such review can be determined by evaluating if it includes appropriate breadth
and depth of the area under study, clarity, rigor, consistency, effective analysis.
B) How does the new and existing knowledge can contribute to the research process? Explain
with relevant points.
The new knowledge can have vastly different interpretations depending on what the
researcher’s background and one’s perception of that new knowledge can change from indifference to
excitement, depending on what else one knows

The existing knowledge is needed to make the case that there is a problem and that it is
important. One can infer that the knowledge that is sought to be produced does not yet exist by
describing what other knowledge already exists and by pointing out that this part is missing so that
what we have is original.

To do this, one again needs the existing knowledge: the context, the significance, the
originality, and the tools.

one finds this knowledge by reading and surveying the literature in the field that was
established long ago and also about the more recent knowledge which is in fact always changing

good literature survey is the first expectation of a supervisor from the research student, and
when done well can create a good impression that the state of art in the chosen field is well
understood.

A comprehensive literature survey should methodically analyze and synthesize quality

archived work, provide a firm foundation to a topic of interest and the choice of suitable research
methodologies, and demonstrate that the proposed work would make a novel contribution to the
overall field of research.
 SJC Institute of Technology

C) What are datasheets and write their contents?

Researchers in different fields of engineering will need to read certain types of documents. For
example, mechanical and civil engineers would need to read drawings related to mechanical parts and
buildings. Researchers in the field of electronics need to read datasheets.

Datasheets are instruction manuals for electronic components, which (hopefully) details what a
component does and how one may use it. Datasheets enable a researcher (or a working professional) to
design a circuit or debug any given circuit with that component. The first page of the datasheet usually
summarizes a part’s function and features, basic specifications, and usually provides a functional block
diagram with the internal functions of the part.

Some parts also provide graphs showing performance versus various criteria (supply voltage,
temperature, etc.), and safe region for reliable operation which should be carefully read and noted by
the researcher. One should be also in the lookout for truth tables which describe what sort of inputs
provide what types of outputs, and also timing diagrams which lay out how and at what speed data is
sent and received from the part. Datasheets usually end with accurate dimensions of the packages a
part is available in. This is useful for printed circuit board (PCB) layout.

4 A) Explain the various steps involved in the critical and creative reading process.
Reading a research paper is a critical process. The reader should not be under the assumption
that reported results or arguments are correct. Rather, being suspicious and asking appropriate
questions is in fact a good thing. Have the authors attempted to solve the right problem? Are there
simpler solutions that have not been considered? What are the limitations of the solution and are there
any missing links? Are the assumptions that were made reasonable? Is there a logical flow to the paper
or is there a flaw in the reasoning? These need to be ascertained apart from the relevance and the
importance of the work, by careful reading.

Use of judgmental approach and boldness to make judgments is needed while reading.
Flexibility to discard previous erroneous judgments is also critical. Additionally, it is important to
ascertain whether the data presented in the paper is right data to substantiate the argument that was
made in the paper and whether the data was gathered and interpreted in a correct manner.

Critical reading is relatively easy. It is relatively easier to critically read to find the mistakes
than to read it so as to find the good ideas in the paper. Anyone who has been a regular reviewer of
journal articles would agree to such a statement. Reading creatively is harder, and requires a positive
approach in search.

B) Define the term Citation. Describe the three functions of Citation.

Citations (references) credit others for their work, while allowing the readers to trace the
source publication if needed. Any portion of someone else’s work or ideas in papers, patents, or
presentations must be used in any new document only by clearly citing the source. This applies to all
forms of written sources in the form of texts, images, sounds, etc. and failure to do may be considered
plagiarism. One should avoid distress and embarrassment by learning exactly what to cite. Depending
on the exact type of material, the researcher may need to give due credit to the creator of the original
source.
Citations help the readers to verify the quality and importance of the new work and
justification of the findings. It is a way to tell readers that certain material in the researcher’s present
work has come from another source and as an ethical responsibility, appropriate credit has been given
to the original author or writer. Preferably, citations should be given at the end of a sentence or the end
of a paragraph as can be seen even in this particular paragraph.
 SJC Institute of Technology

A researcher needs to cite each source twice: (i) in-text citation, in the text of the article exactly where
the source is quoted or paraphrased, and (ii) a second time in the references, typically at the end of the
chapter or a book or at the end of a research article

There are three main functions of citation:

(i) Verification function: Authors have a scope for finding intentional or unintentional distortion of
research or misleading statements. Citation offers the readers a chance to ascertain if the original
source is justified or not, and if that assertion is properly described in the present work

(ii) Acknowledgment function: Researchers primarily receive credit for their work through citations.
Citations play crucial role in promotion of individual researchers and their continued employment.
Many reputed organizations and institutes provide research funding based on the reputations of the
researchers. Citations help all researchers to enhance their reputation and provide detailed background
of the research work.

(iii) Documentation function: Citations are also used to document scientific concepts and historical
progress of any particular technology over the years

Citations are the currency that authors would wish to accumulate and the technical community gives
them credit for these contributions. When other authors make citations, they honor those who initiated
the ideas.

C) Explain how knowledge flows through a citation network using a flow diagram.
In engineering research, knowledge flow is primarily in the form of books, thesis, articles, patents, and
reports. Citing a source is important for transmission of knowledge from previous work to an
innovation
Production of knowledge can be related to the citation network. Knowledge flow happens
between co-authors during research collaboration, among other researchers through their paper citation
network, and also between institutions, departments, research fields or topics, and elements of research
The complex interdisciplinary nature of research encourages scholars to cooperate with each
other to grab more advantages through collaboration, thereby improving quality of the research. there
was a positive co-relation between number of authors and the number of citations

Fig. Citation-based knowledge flow

5 A) What types of inventions are eligible for patenting, and which matters are considered non-
patentable?
SJC Institute of Technology

Conditions for Obtaining a Patent Protection:There is a set criterion, as provided in Patents Act,
1970, which must be fulfilled for a product or a process to qualify for the grant of a patent. The
criterion encompasses:
Novelty - The innovation claimed in the patent application is new and not known to anybody in the
world.
innovation is
a) not in the knowledge of the public,
b) not published anywhere through any means of publication
c) not be claimed in any other specification by any other applicant.

Inventive step -
The innovation is
a) a technical advancement over the existing knowledge.
b) possesses economic significance and
c) not obvious to a person skilled in the concerned subject.

Capable of industrial application - For the benefit of society.The invention is capable of being
made or used in any industry.

Non-Patentable Matters
In the Patent Act, 1970, there are some exclusions (product and processes) that cannot be patented,
such as:
Invention contrary to public morality - a method for human cloning, a method for gambling.
Mere discovery - finding a new micro-organism occurring freely in nature, laws of gravity.
Mere discovery of a new form of a known substance - use of aspirin for heart treatment. Aspirin
was patented for reducing fever and mild pains.
Frivolous invention - dough supplemented with herbs, merely changing the taste of the dough, 100
years calendar, bus timetable.
Arrangement or rearrangement - an umbrella fitted with a fan, a torch attached to a bucket.
Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 - inventions relating to
ompounds of Uranium,Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as
notified by the Central Government from time to time.

Literary, dramatic, musical, artistic work - books, sculptures,drawings, paintings, computer

programmes, mathematical calculations, online chatting method, method of teaching,method of
learning a language as they are the subject matter of Copyright Act. 1957.
Topography of integrated circuits - protection of layout designs of integrated circuits is provided
separately under the Semiconductor Integrated Circuit Layout Designs Act, 2000.
Plants and animals - plants and animals in whole or any partincluding seeds, varieties and species
and essentially biological processes for the production or propagation of plants and animals are
excluded from the scope of protection under patents.
Traditional knowledge - an invention which in effect is traditional knowledge or which is an
aggregation or duplication of known properties of traditionally known components are also excluded.

B) Explain the major steps involved in the process of filling patent applications using a flow
chart.
SJC Institute of Technology

Patent Search : Before an inventor embarks upon the patent filing process, he has to ensure that his
invention is novel‘ as per the criterion for the grant of a patent.
Drafting Patent Specification : Once a decision has been made to patent the invention, the
next step is, what kind of application needs to be filed i.e. provisional patent application or complete
(Final) patent application.
India has four offices Northern, Southern, Western and Rest of India for filing patent
applications. The applications can be filed only in one of the offices based on the applicant‘s residence

Publication : Once the patent application has been filed at the Regional Patent Office, the patent
application is kept secret for 18 months in the Patent Office. After the expiry of 18 months the
application is published in the Official Journal of Patent Office. The purpose of publishing the
application is to inform the public about the invention. The publication of an application is a
mandatory step.

Pre-grant Opposition - If anybody has an objection to the invention claimed in the patent application,
he can challenge the application by approaching the Controller of Patents within 6 months from the
date of publication. Depending on the outcome of the case, the patent application may be rejected or
recommended for the next step, i.e. patent examination.

Examination : Patent examination is a critical step in the process of grant of a patent. All the
important criteria are scrutinized by the professionals depending on the content of the invention. the
examiner raises certain queries/doubts which need to be addressed by the inventors. Once the
examiner is satisfied with the answers received from the inventors, the application is recommended for
the grant of a patent.
The applicant or his representative has to make a request for examination of the patent by filing
Form-18A and submitting the same within 48 months from the date of filing of the application.
 SJC Institute of Technology

Grant of a Patent - After fulfilling all the requirements for the grant of a patent, including all
objections/queries raised by the Patent Examiner‘ and the public at large, the patent is granted to
the applicant. The granted patent is published in the Official Journal of the Patent Office. On the other
hand, if the examiner is not satisfied with the reply and arguments of the applicant, then he/she can
reject the patent application.

6 A) Explain the different types of patent applications.

B) What strategies are involved in the commercialization of a patent?

The patent owner may grant permission to an individual/organization/industry to make, use, and sell
his patented invention. This takes place according to agreed terms and conditions between the
involving parties. A patent owner may grant a license to a third party for the reasons mentioned below:
 The patent owner has a decent job e.g. university professor and has no desire or aptitude to
exploit the patent on his own.
 The patent owner may not have the necessary manufacturing facilities.
 The manufacturing facility is not able to meet the market demand.
 The patent owner wishes to concentrate on one geographic market; for other geographical
markets, he may choose to
Although, the validity of the granted patent is for 20 years (from the date of filing a patent
application), but the patentee is required to furnish information (Form-27), on an annual basis
relating to the commercialization/selling of the patent. It is called as Working/Licensing of the
Patent‘.
C) What are utility models, and how do they differ from patents?
In many cases, a new invention involves an incremental improvement over the existing products, but
this technical improvement is not sufficient enough to pass the stringent criterion of Novelty‘ and
Non-obviousness‘ set aside for the grant of a patent. Such small innovations can still be legally
protected in some countries and termed as ‘Utility Models’ or ‘Petty Patents’ or ‘Innovation
Patents’.
In this case, the criterion of Novelty‘ and Non-obviousness‘ are diluted or relinquished. But
the requirement of industrial application or utility is the same as that for patents.
Utility Model is a helpful tool for Micro, Small and Medium Enterprises (MSME) since the
grant of a Utility Model‘ is usually less rigorous and involves minimal cost. MSMEs do not have deep
pockets to carry out intensive R&D leading to the grant of patents. The life of the Utility Model is less
as compared to the patents. It varies from 7-15 years in different countries. India till date does not
recognize utility patents.
 SJC Institute of Technology

7 A) Define the term Copyright and write its classes.

Copyrights‘refer to the legal rights provided by law to the original creator of the work in the fields of
literature and computer software. The ‗Related Rights‘encompass the author‘s work in the fields of
dramatics, sound recording, film/video recordings, paintings, architecture, etc.

Different Classes of Copyrights

 Literature: Books, Essays, Research articles, Oral speeches, Lectures, Compilations,
Computer programme, Software, Databases.
 Dramatics: Screenplays, Dramas.
 Sound Recordings: Recording of sounds regardless of the medium on which such recording is
made e.g. a Phonogram and a CD-ROM.
 Artistic: Drawing, Painting, Logo, Map, Chart, Photographs, Work of Architecture,
Engravings, and Craftsmanship.
 Musical: Musical notations, excluding any words or any action intended to be sung, spoken or
performed with the music. A musical work need not be written down to enjoy Copyright
protection.
 Cinematograph Films: ‗Cinematograph Film‘ is a visual recording performed by any
medium, formed through a process and includes a sound recording. For example, Motion
Pictures, TV Programmes, Visual Recording, Sound Recording, etc.

B) What are the two exclusive rights owned by the copyright owner? Explain briefly.
Copyright owner enjoys two types of rights i.e.
1 Economic Rights are associated with financial benefits accruing from the sale of copyrights. As
per the Act, Copyright owners can authorize or prohibit:
 Reproduction of the work in any form, including printed
 publications or sound recordings.
 Distribution of copies of the work.
 Public performance of the work.
 Broadcasting/communicating the work to the public.
 Translating the work into other languages.
 Adaptation of the work, such as converting a novel into a screenplay.
2 Moral Rights include Right of Paternity‘ and Right of Integrity‘. The Right of Paternity‘ even if the
Copyright has been licensed to another party, the original author of the work retains the right to claim
authorship i.e. the name of the author/s will remain even though Copyrights have been transferred to
another party
Right of Integrity‘- the original author has the right to prevent misuse of the work e.g.
alterations/additions/ deletions in work resulting in misrepresentation of the said work or harming the
honor and reputation of the author.

C) What are the roles and functions of the copyright board and the copyright society in
administering copyright laws and regulations?
Copyright Board:
The Copyright Board is a regulatory body constituted by the government, to perform judicial functions as per
the Copyright Act of India.
The Board comprises of a Chairman and members (2-14) to arbitrate on Copyright cases. The Chairman
of the Board is of the level of a judge of a High Court. As per the Act, the Board has the
power to:

 Hear appeals against the orders of the Registrar of Copyrights.

 Hear applications for rectification of entries in the Register of
 Copyrights.
 SJC Institute of Technology

 Adjudicate upon disputes on the assignment of Copyrights.

 Grant compulsory licences to publish or republish works (in
 certain circumstances).
 Grant compulsory licence to produce and publish a translation of
 a literary or dramatic work in any language after seven years
 from the first publication of the work.
 Hear and decide disputes as to whether a work has been
 published or about the date of publication or the term of
 Copyright of a work in another country.
 Fix rates of royalties in respect of sound recordings under the
 cover-version provision.
 Fix the resale share right in original copies of a painting, a
 sculpture or a drawing and original manuscripts of a literary or
 dramatic or musical work.
Copyright society
Many a time, authors and other owners of Copyrights are either unable or lose track of all the
uses of their work, including the collection of royalties, infringement issues, etc. To overcome
these hurdles, Copyright Societies have cropped up.
As per Section 33 of the Copyright Act, 1957, a Copyright Society is a registered
collective administration society formed by authors and other owners of the Copyright.
Copyright Society can perform the following functions:
 Keep track of all the rights and infringements related to their clients.
 Issue licences in respect of the rights administered by the society.
 Collect fees in pursuance of such licences.
 Distribute such fees among owners of Copyright after making deductions for the
administrative expenses.
A Copyright Society can be formed by a group of seven or more copyright holders. The term of
registration of a Copyright Society is for five years.

8 A) What are the key eligibility criteria that a mark must meet to qualify for trademark
protection? List advantages that a proprietor gains through trademark registration
For goods/services to be legally classified as Trademark, they need to pass the following conditions:
Distinctiveness - The goods and services for which the protection is sought should possess enough
uniqueness to identify it as a Trademark. It must be capable of identifying the source of goods or
services in the target market.
Descriptiveness - The Trademark should not be describing the description of the concerned goods or
services. Descriptive marks are unlikely to be protected under Trademark law.
Similarity to the prior marks - The mark should be unique and should not be having similarity to the
existing marks.
Trademark Registration provides certain advantages to the proprietor of the Trademark, such
as:
 Legal Protection – prevents the exploitation of the Registering Trademark by other
companies/organizations/individuals, without proper authorization by the legal owner/s of the
Trademark. In case of legal suits, a registered Trademark can serve as a potent evidence of the
lawful proprietorship of the Trademark.
 Exclusive Right - grants the Trademark owner full rights to use it in any lawful manner to
promote his business.
 Brand Recognition - products/ services are identified by their logo, which helps create brand
value over time. A strong brand is a huge pull for new customers and an anchor for existing
customers. Registering a Trademark early and using it will create goodwill and generate more
business for the brand owner.
 SJC Institute of Technology

 Asset Creation - registered Trademark is an intangible property of the organization. It can be

used for enhancing the business of

B) Using a flowchart, explain the steps involved in the process of Trademarks Registration.

1 Prior Art Search : Before applying, the applicant needs to conduct a prior art search to ensure the
registration criteria.
2 fill the application form for registration : The application is filed at the Trademarks Office subject to
the jurisdiction of the applicant
3 The application is assigned an application number within a few days.

4 The application is scrutinized by a professional examiner. If everything is in order, the particulars of

the application are published in the official Trademark journal. Otherwise, he will send the
objections to the applicant for rectification. Based on the satisfactory response, the examiner would
recommend the revised application to be published in the journal.
5 Once the Trademark is published in the official journal, the public has an opportunity to file an
objection, if any, within 90 days.

6 After hearing both the parties, the officer decides whether to proceed further for the grant of
Trademark or disallow the grant of Trademark.

7 Once the application has successfully completed all formalities, a Trademark registration certificate is
issued in the name of the applicant

9 A) Briefly explain the overview of Industrial Design (ID). Summarize the Non-Protectable
Industrial Designs in India.
The word Design‘ is defined as the features of shape, configuration, pattern, ornament or composition
of lines or colours applied to any article. The Design may be of any dimension i.e. one or two or three
dimensional or a combination of these
SJC Institute of Technology

It may be created by any industrial process or means, whether manual, mechanical or chemical, separate
or combined, which in the finished article appeal to and is judged solely by the eye.
The main object of registration of industrial Designs is to protect and incentivize the original creativity
of the originator and encourage others to work towards the art of creativity.
Non-Protectable Industrial Designs in India
Any Industrial Design which is against public moral values.
 Industrial Designs including flags, emblems or signs of any country.
 Industrial Designs of integrated circuits.
 Any Design describing the process of making of an article‘
 Industrial Designs of books, calendars, certificates, forms and other documents, dressmaking
patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.

The artistic work defined under Section 2(c) of the Copyright Act, 1957 is not a subject matter for registration
for Industrial Designs, such as:
 Paintings, sculptures, drawings including a diagram, map, chart or plan.
 Photographs and work of architecture.
 Any other work related to artistic craftsmanship.
B) Discuss the Design registration procedure by using a flowchart.

1 Prior Art Search : Before filing an application for registration of Industrial Designs, it is prudent to
ensure that the same or similar Design has not been registered earlier
2 Application for Registration : he can proceed with filing an application for Design registration.
The application for registration of Design can be filed by an individual, small entity, institution,
organization and
 SJC Institute of Technology

industry.
3 After the application has been filed, an officer (examiner) analyses the application for qualifying the
minimum standards laid down for eligibility criteria for registration. In case of any query, the same is
sent to the applicant and he is supposed to respond within 6 months from the objection raised. Once
the objections are removed, the application is accepted for registration.
4 The particulars of the application, along with the representation of the article, are published in the
Official Journal of Patent Office
5 If no objection is received from the public, the Design is registered. After the registration of the
Design, the applicant becomes the proprietor of the Design and is conferred with the exclusive right to
apply that Design to the article belonging to the class in which it is registered.

10 A) Define Geographical Indications (GI) with an example. What are the rights granted to GI
holders?
A GI is defined as a sign which can be used on products belonging to a particular geographical location/region
and possesses qualities or a reputation associated with that region. In GI, there is a strong link between the
product and its original place of production.

Rights Granted to the Holders

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

B) Summarize the IPR-related activities the Department for Promotion of Industry and
Internal Trade (DPIIT) undertakes.
DPIIT, earlier known as the Department of Industrial Policy and Promotion (DIPP), under the
Ministry of Commerce and Industry, Govt. of India, is the apex IP body. It came into existence in
1995 and is the main body for regulating and administering the industrial sector. The major categories
of IPs are being governed and administered by the DPIIT Table below.
SJC Institute of Technology
SJC Institute of Technology

Model Question Paper- 2

1 A) Define engineering research and list its aims and objectives.
 Research in common refers to a search for knowledge
 research as a scientific and systematic search for pertinent information on a specific topic
 research is an art of scientific investigation
 Dictionary definition of research is a careful investigation or inquiry specially through search for
new facts in any branch of knowledge
 Some people consider research as a movement from the known to the unknown
 Research is, thus, an original contribution to the existing stock of knowledge making for its
advancement.
 It is the pursuit of truth with the help of study, observation, comparison and experiment.
 search for knowledge through objective and systematic method of finding solution to a problem is
research

Objectives of Research
• To gain familiarity with a phenomenon or to achieve new insights into it (studies with this
object in view are termed as exploratory or formulative research studies);
• To portray accurately the characteristics of a particular individual, situation or a group (studies
with this object in view are known as descriptive research studies);
• To determine the frequency with which something occurs or with which it is associated with
something else (studies with this object in view are known as diagnostic research studies)
• To test a hypothesis of a causal relationship between variables (such studies are known as
hypothesis-testing research studies).
B) What are the factors that motivate you to do engineering research? Briefly explain
SJC Institute of Technology

C) Compare descriptive research versus analytical research with examples.

2 A) What is the meaning of ethics and why is it important in the practice of engineering
research?
Ethics generally refers to a set of rules distinguishing acceptable and unacceptable conduct,
distinguishing right from wrong. Ethics is the morality of a human act. Although ethics are not laws,
but laws often follow ethics because ethics are our shared values.

Technological developments raise a whole range of ethical concerns such as privacy issues and data
related to surveillance systems, and so engineering researchers need to make ethical decisions and are
answerable for the repercussions borne out of their research as outcomes.

the reason that ethics matter in data used in engineering research is usually because there is impact on
humans. Certain practices may be acceptable to certain people in certain situations, and the reasons for
unacceptability may be perfectly valid.

We have unprecedented access to data today, and unprecedented options for analysis of these data and
consequences in engineering research related to such data. Engineering ethics gives us the rule book;
tells us, how to decide what is okay to do and what is not.

Engineering research is not work in isolation to the technological development taking place.
Researchers make many choices that matter from an ethical perspective and influence the effects of
technology in many different ways:
(i) By setting the ethically right requirements at the very outset, engineering researchers can ultimately
influence the effects of the developed technology.
(ii) Influence may also be applied by researchers through design (a process that translates the
requirements into a blueprint to fulfill those requirements). During the design process, decision is to be
made about the priority in importance of the requirements taking ethical aspects into consideration.
(iii) Thirdly, engineering researchers have to choose between different alternatives fulfilling similar
functions.
SJC Institute of Technology

Research outcomes often have unintended and undesirable side effects. It is a vital ethical
responsibility of researchers to ensure that hazards/risks associated with the technologies that they
develop, are minimized and alternative safer mechanisms are considered.

B) Write a note on the following research misconduct (i) Falsification (ii) plagiarism.
(ii) Falsification (Inappropriate alteration of data): Falsification is the misrepresentation or
misinterpretation, or illegitimate alteration of data or experiments, even if partly, to support a desired
hypothesis even when the actual data received from experiments suggest otherwise. Falsification and
fabrication of data and results, hamper engineering research, cause false empirical data to percolate in
the literature, wreck trust worthiness of individuals involved, incur additional costs, impede research
progress, and cause actual and avoidable delays in technical advancement. Misleading data can also
crop up due to poor design of experiments or incorrect measurement practices.

The image of engineering researchers as objective truth seekers is often jeopardized by the
discovery of data related frauds. Such misconduct can be thwarted by researchers by always trying to
reproduce the results independently whenever they are interested to do further work in a published
material which is likely to be part of their literature survey.

(iii) Plagiarism (Taking other’s work sans attribution): Plagiarism takes place when someone uses
or reuses the work (including portions) of others (text, data, tables, figures, illustrations or concepts) as
if it were his/her own without explicit acknowledgement. Verbatim copying or reusing one’s own
published work is termed as self-plagiarism and is also an unacceptable practice in scientific literature.
The increasing availability of scientific content on the internet seems to encourage plagiarism in
certain cases, but also enables detection of such practices through automated software packages

C) What are three ways to credit the research contributions? Explain

1. Citing : Citations (references) credit others for their work, while allowing the readers to
trace the source publication if needed. Any portion of someone else’s work or ideas in papers,
patents, or presentations must be used in any new document only by clearly citing the source.
2. Attributing : An attribution statement is used to provide credit to the original creator; its
purpose is similar to a citation. Best practice says that the statement should include the title of
the work, name of the creator, and licence type (with links to each). When using text from
another open educational resource, be clear in your attribution statement what section of your
textbook contains this information.
3. acknowledging the works of others. Acknowledgment is arguably more personal, singular,
and simply an expression of appreciations and contribution

3 A) How does the existing knowledge can contribute to the research process? Explain with
relevant points
The new knowledge can have vastly different interpretations depending on what the researcher’s
background and one’s perception of that new knowledge can change from indifference to excitement,
depending on what else one knows

The existing knowledge is needed to make the case that there is a problem and that it is
important. One can infer that the knowledge that is sought to be produced does not yet exist by
describing what other knowledge already exists and by pointing out that this part is missing so that
what we have is original.

To do this, one again needs the existing knowledge: the context, the significance, the
originality, and the tools.

one finds this knowledge by reading and surveying the literature in the field that was
established long ago and also about the more recent knowledge which is in fact always changing
SJC Institute of Technology

good literature survey is the first expectation of a supervisor from the research student, and
when done well can create a good impression that the state of art in the chosen field is well
understood.

A comprehensive literature survey should methodically analyze and synthesize quality

archived work, provide a firm foundation to a topic of interest and the choice of suitable research
methodologies, and demonstrate that the proposed work would make a novel contribution to the
overall field of research.

B) What are the key features of the bibliographic database of the Web of Science (WoS), and
how is it commonly used in research?
Web of Science: “Bibliographic databases” refer to “abstracting and indexing services” useful
for collecting citation-related information.

Web of Science includes multiple databases, as well as specialized tools. It is a good search
tool for scholarly materials requiring institutional license and allows the researcher to search in a
particular topic of interest, which can be made by selection in fields that are available in drop down
menu such as title, topic, author, address, etc. The tool also allows sorting by number of citations.

A structured search like this that enables narrowing and refining what one is looking for is
effective to ensure that the results throw up relevant sources and time spent in studying those is likely
to be well utilized.

Based on the researcher’s need the search result can be broadened or narrowed down using the
built-in fields provided in this website.

When clicked on any of the search results, this website provides the title of the paper, authors,
the type of journal, volume, issue number and year of publication, abstract, keywords, etc., so that the
researcher has enough information to decide if it is worthwhile to acquire the full version of the paper .

C) List and explain the Importance of Note-taking while reading research papers.
A researcher reads to write and writes well only if the reading skills are good. The bridge
between reading and actually writing a paper is the act of taking notes during and shortly after the
process of reading. There is a well-known saying that the faintest writing is better than the best
memory.
In each research paper, there are a lot of things that one might like to highlight for later use
such as definitions, explanations, and concepts. If there are questions of criticisms, these need to be
written down so as to avoid being forgotten
later on.
On completing a thorough reading, a good technical reading should end with a summary of the
paper in a few sentences describing the contributions. A thorough reading should bring out whether
there are new ideas in the paper, or if existing ideas were implemented through experiments or in a
new application, or if different existing ideas were brought together under a novel framework.
Obviously, the type of contribution a paper is actually making can be determined better by having read
other papers in the area.

4 A) What types of citations fail to achieve their goal and do not benefit the reader? Explain.
There are certain cases when references do not fulfill the actual goal of citations and
acknowledgments, and thus do not benefit the reader.
1. Spurious citations: In certain cases, when citation is not required or an appropriate one is not found,
if the author nevertheless goes ahead with including one anyways, it would be considered as a spurious
citation. These sorts of citations
SJC Institute of Technology

do not add any value to the reader in terms of properly understanding the paper. Such actions result in
loss of time of the reader or reviewer in looking for the cited paper that is otherwise not relevant. Just
as due credit should be given toa paper through citation, inappropriate credit must be avoided so that
the credibility of a research work or of the journal or conference proceedings where that paper is
published is not lost through this sort of carelessness

2. Biased citations: When authors cite the work of their friends or colleagues despite there being no
significant connection between the two works, or when they do not cite work of genuine significance
because they do not wish to give credit in the form of citation to certain individuals, then such actions
can be classified as biased citations. Neglect of citations to prior work whose conclusions or data
contradict the current work is also biased.

3. Self-citations: There is nothing wrong in citing one’s prior work if the citation is really relevant.
Self-citation of prior papers is natural because the latest paper is often a part of a larger research
project which is ongoing. Sometimes, it is also advantageous for the reader because citations of all the
related works of the same author are given in one paper and this may reduce the effort of the reader in
trying to find the full versions of those papers. However, it is helpful and ethical only if all the papers
are really relevant to the present work

4. Coercive citations: Despite shortcomings, impact factors remain a primary method of quantification
of research. One side effect is that it creates an incentive for editors to indulge in coercion to add
citations to the editor’s journal. Even if not explicitly stated, the implied message is that the author
could either add citations or risk rejection. Such demands consequently diminish the reputation of the
journal.

B) Illustrate using a flowchart, how collaboration in a Co-authorship network can improve

the flow of knowledge in the research.
In engineering research, knowledge flow is primarily in the form of books, thesis, articles, patents,
and reports. Citing a source is important for transmission of knowledge from previous work to an
innovation
Production of knowledge can be related to the citation network. Knowledge flow happens
between co-authors during research collaboration, among other researchers through their paper citation
network, and also between institutions, departments, research fields or topics, and elements of research
The complex interdisciplinary nature of research encourages scholars to cooperate with each
other to grab more advantages through collaboration, thereby improving quality of the research. there
was a positive co-relation between number of authors and the number of citations
SJC Institute of Technology

Fig. Citation-based knowledge flow

C) Explain the most common styles for citation used by engineers during research, and
provide an example.
Some of the most common styles for citation used by engineers are as follows:
1. ASCE style (American Society of Civil Engineers )
(a) Reference list: This part is to be placed in the bibliography or references at the end of the
article or report. A template with example for the same is given below:

(b) In-text citation for journals or books: The following part is to be placed right after the reference to
the source of the citation assignment:

5 A) Describe Intellectual Property Rights (IPR) and list its types.

Intellectual Property Rights (IPR) are the privileges accorded to the creator/inventor (of IP) in
conformance with the laws. These rights are given to the creator/inventor in exchange for revealing the
SJC Institute of Technology

process of creation/invention in the public domain. The inventor is conferred with the special rights to
use, sell, distribute, offering for sale and restricting others from using the invention without his prior
permission

Types of IPR.
a) Patents
b) Copyrights and Related Rights
c) Trademarks
d) Geographical Indications
e) Trade Secrets
f) Semiconductor Integrated Circuits and Layout Designs
g) Plant Varieties
h) Traditional Knowledge
i) Industrial Designs
j) Biodiversity Conservation

B) Define the term patent and what are the conditions that must be met for obtaining patent
protection?
It is exclusive right granted to inventor for his invention for the period of 20 Years .

Conditions for Obtaining a Patent Protection:There is a set criterion, as provided in Patents Act,
1970, which must be fulfilled for a product or a process to qualify for the grant of a patent. The
criterion encompasses:
Novelty - The innovation claimed in the patent application is new and not known to anybody in the
world.
innovation is
a) not in the knowledge of the public,
b) not published anywhere through any means of publication
c) not be claimed in any other specification by any other applicant.

Inventive step -
The innovation is
a) a technical advancement over the existing knowledge.
b) possesses economic significance and
c) not obvious to a person skilled in the concerned subject.

Capable of industrial application - For the benefit of society. The invention is capable of being
made or used in any industry.

C) What are Patent Infringements? Explain its two categories of Infringements.

Once the patent is granted to the applicant, he owns the right to use or exploit the invention in
any capacity. If anyone uses the invention without the prior permission of the owner, that act will be
considered an infringement of the invention. Infringements can be classified into two categories:

Direct Infringement - when a product is substantially close to any patented product or in a case where
the marketing or commercial use of the invention is carried out without the permission of the owner of
the invention.
Indirect Infringement - When some amount of deceit or accidental infringement happens without any
intention of infringement. If such an unlawful act has been committed, the patentee holds the right to
sue the infringer through judicial intervention. Every country has certain laws to deal with such
unlawful acts. Following reliefs are made available to the patentee:
SJC Institute of Technology

 Interlocutory/interim injunction.
 Damages or accounts of profits.
 Permanent injunction.

6 A) Explain the following major steps involved in the process of patent registration.
(i) Prior Art Search (ii) Choice of Application to be Filed (ii) Pre-grant Opposition
(i) Prior Art Search :Before an inventor embarks upon the patent filing process, he has to ensure
that his invention is novel as per the criterion for the grant of a patent. For this, he has to check
whether or not his invention already exists in the public domain. For this, he needs to read patent
documents and Non-Patent Literature
The information lying in the public domain in any form, either before the filing of the patent
application or the priority date of the patent application claiming the invention, is termed as Prior Art.
Conducting a prior art search before filing the patent has advantages as it averts infringement,
tracks research and development and provides access to detailed information on the invention. The
prior art search is carried out on the parameters such as novelty, patentability, state of the art,
infringement, validity and
freedom to operate. The commonly used databases for prior art search fall in two categories i.e.
Patents Databases and NPL.

(ii) Choice of Application to be Filed:

Once a decision has been made to patent the invention, the next step is, what kind of
application needs to be filed i.e. provisional patent application or complete (Final) patent application -
generally, the provisional
patent application is preferred for the following reasons:

 It is cheaper, takes less time, and involves fewer formalities.

 Any improvements made in the invention after the filing of the provisional application can be
included in the final application. In other words, the provisional application does not require
complete specifications of the inventions. The application can be filed even though some data
is yet to be collected from pending experiments
 A provisional application allows you to secure a priority date for the patent applied.

However, it is mandatory to file the complete patent application within one year of the filing of
the provisional application; otherwise, the application stands rejected.

(iii) Pre-grant Opposition - If anybody has an objection to the invention claimed in the patent
application, he can challenge the application by approaching the Controller of Patents within 6 months
from the date of publication. Depending on the outcome of the case, the patent application may be
rejected or recommended for the next step, i.e. patent examination.

B) In which circumstances Indian residents are not required to file a patent application first
in India to get patent protection in another country? Explain.
Under the following circumstances Indian residents are not required to file a patent application
first in India to get patent protection in another country.

 The applicant is not an Indian resident.

 If 6 weeks have expired since the patent application was filed in India by an Indian resident.
 If two or more inventors are working on an invention in a foreign country and one of the
inventors is an Indian resident.
SJC Institute of Technology

 The invention does not have a potential market in India and hence does not wish to file the
patent in India. In such a scenario, the Indian resident has to seek Foreign Filing Permission
(FFP) from an Indian Patent Office.
 In case of international collaboration, if one part of the invention originated in India and the
inventor is an Indian resident, he has to seek permission to file the patent outside India.

C) Name the four national bodies dealing with patent affairs

(i) The Indian Patent Office (IPO)
(ii) Department for Promotion for Industry and Internal Trade (DPIIT)
(iii)Technology Information, Forecasting and Assessment Council (TIFAC)
(iv) National Research Development Corporation (NRDC)

7 A) What are the key considerations and tests for determining fair use doctrine under
copyright law? Explain with examples.
As per the rule of law, Copyrighted materials cannot be used by anybody without the proper consent of
the legal owners (of the Copyright). However, limited use of Copyrighted materials for teaching and
research purposes is legally permitted, under The Fair Use Doctrine‘, which comprises of the four-part
test:
 The character of the use - use of the work is purely educational, non-profit and personal.
 Nature of the work - The use of work is factual in nature and not imaginative.
 Amount of the portion to be used - permission is not needed if only a small portion of Copyright
protected material is to be used. However, this parameter is debatable now.
 Impact of use on the value of the Copyrighted material - If a small portion of the work is copied
and is not affecting the author‘s economic and moral rights, it will be excused from the infringement.

B) Using a Flow chart, explain the important steps involved in the process of Copyright
Registration.
It is not necessary to register a work to claim Copyright. Once a work is created via any medium, the
work receives automatic Copyright safety. It is merely a prima facie proof of an entry in respect of the
work in the Copyright register maintained by the Registrar of Copyrights.

 A duly filled application (Form XIV) is submitted to the Copyright Office at the following
address: The Registrar of Copyright, Plot no. 32, Boudhik Sampada Bhawan, Sector 14,
Dwarka, New Delhi - 110075.
 Any person who is either an author of the work or assignee of the concerned work can file an
application for Copyright.
 After applying, there is a mandatory waiting period of 30 days.
 If any person has any objection to the claim/s made in the application, he can contact the office
of the Registrar of Copyrights.
 After giving an opportunity of hearing to both the parties, the Registrar may decide the case in
favour or against the author of the work.
 Once the objections (if any) are cleared, the application is evaluated by the examiners.
 If any doubts/queries are raised, the applicant is given ample time (around 45 days) to clear
these objections.
SJC Institute of Technology

C) What were the key events and circumstances surrounding the copyright dispute between
photographer David Slater and the macaques in Indonesia in 2011? Explain.
In 2011, a UK-based photographer David Slater put his camera on a tripod in the wildlife
sanctuary to click the photograph of Macaques monkeys. The Macaques were very curious about the
equipment and they found the flashlight fascinating. One monkey clicked a selfie photograph which
became very famous and legally controversial on the matter of Copyright.
Theoretically, the monkey is the holder of Copyright as he clicked the photo. Practically, David
Slater was the claimant of the Copyright. The dispute entered judicial quarters between People for the
Ethical Treatment of Animals (PETA) and David Slater. Now, the settlement has been concluded. The
photographer i.e. David Slater withholds the Copyright of the picture for having a substantial
contribution, but he would pay 25% of the royalty share to the wildlife sanctuary where the monkey
lives

8 A) What are the different categories of trademarks recognized under Indian law, and
tabulate the famous trademark types with examples
 Trademark can be a word that must be able to speak, spell and remember.
 It is highly recommended that one should choose the Trademark like invented word, created
words, and unique geographical name.
 One should refrain from Trademarks like common geographical name, common personal name
and the
 praising words which describe the quality of goods, such as best, perfect, super, etc.
 it is suggested to conduct a market survey to ensure if a similar mark is used in the market.

Following are some examples of the registerable Trademarks:

SJC Institute of Technology

1 Any name including personal or surname of the applicant or predecessor in business or the
signature of the person e.g. the Trademark BAJAJ‘ is named after industrialist Mr. Jamnalal
Bajaj.
2 A word having no relevance to the product/services e.g. Trademark INDIA GATE‘ is being
used for food grains and allied products.

B) Explain by using a process flowchart, the steps involved in trademark registration.

1Prior Art Search : Before applying, the applicant needs to conduct a prior art search to ensure the
registration criteria.
2 f ill the application form for registration : The application is filed at the Trademarks Office
subject to the jurisdiction of the applicant
3 The application is assigned an application number within a few days.
4 The application is scrutinized by a professional examiner. If everything is in order, the
particulars of the application are published in the official Trademark journal. Otherwise, he
will send the objections to the applicant for rectification. Based on the satisfactory response,
the examiner would recommend the revised application to be published in the journal.
5 Once the Trademark is published in the official journal, the public has an opportunity to file an
objection, if any, within 90 days.
SJC Institute of Technology

6 After hearing both the parties, the officer decides whether to proceed further for the grant of
Trademark or disallow the grant of Trademark.

7 Once the application has successfully completed all formalities, a Trademark registration
certificate is issued in the name of the applicant

9 A) Describe the enforcement of Industrial Design Rights.

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

If the Design is found not registered under the Act, there will not be legal action against the
infringer. If the infringer is found guilty of piracy or infringement, the court can ask him to pay the
damage (₹ 50,000/-) in respect of infringement of one registered Design.

B) Explain the classification of Industrial Designs and design registration trends in India.
Designs are registered in different classes as per the Locarno Agreement, 1968. It is used to
classify goods for the registration of Industrial Designs as well as for Design searches. The signatory
parties have to indicate these classes in the official documents too. The classification comprises a list
of classes and subclasses with a list of goods that constitute Industrial Designs. There are 32 classes
and 237 subclasses that can be searched in two languages i.e. English and French.

For example, Class 1 includes foodstuff for human beings, foodstuffs for animals and dietetic
foods excluding packages because they are classified under Class 9 Class 32 classifies the Design of
graphic symbols and logos, surface patterns, ornamentation.

Design registration trends in India :Figure 2.11 represents the statistics for Industrial Designs for
the period 2010-20. During this period, an increase of 88%, 117% and 33% was observed in the
parameters of Designs filed, examined and registered, respectively In all three parameters, the graph
depicts a similar pattern (more or less) with the highest numbers observed in 2019-20 for Designs filed
(12,268), examined (13,644) and registered (14,272).

C) Explain registered Geographical Indications (GI) in India with the tabulate of examples.
A GI is defined as a sign which can be used on products belonging to a particular geographical location/region
and possesses qualities or a reputation associated with that region. In GI, there is a strong link between the
product and its original place of production.
SJC Institute of Technology

10 A) Explain the Identification of Registered Geographical Indications (GI) items. What are the
common methods used to protection of GI in India.
Registered GI products are granted a tag, which is printed on the registered products. The tag
confirms the genuineness of the product in terms of its production (by set standards) and location of
production. Non-registered GI products cannot use/exploit this tag. By and large, GI tags represent the
place of origin (of the product) along with cultural and/or historical identity e.g. Darjeeling Tea,
Mysore Silk, Tirupathi Laddu, etc.

GI registered products can be grown/produced in any part of the world using standards laid
down by the GI Registry. However, these products cannot be labelled as GI as they are not produced/
manufactured in a specific geographical location, as mentioned in the official records maintained by
the GI Office of GI. For example, plants of Darjeeling Tea can be grown in any part of India. But the
tea leaves of these plants cannot be sold under the brand name of Darjeeling Tea, as the concerned
plants were not grown in the soil and climate of the Darjeeling area.

Protection of GI : The IP rights to GI are enforced by the court of law of the concerned country. The
GI registration of a product has certain advantages. It enables to identify pirated/non-genuine stuff,
provides more commercial value to the product, and also strengthens the case if it reaches the judicial
courts. The two common methods of protecting a GI are:
Sui generis systems and under certification or collective mark systems. Many countries,
including India to protect GI by using the sui generis system. This decision was taken after the TRIPS
agreement (1995) and an option was given to the countries to choose either TRIPS standards or the sui
generis system. This was decided by considering the fact that every country has different legislation
and geographical structures & resources. Therefore, this system is not uniform in all countries and
varies according to the jurisdiction and legislation of the particular country.

B) Using a flowchart, explain the process of GI registration.

1 prior search for registered GI.
2 the applicant has to file an application.
3 The application should be duly signed by the applicant or his agent with all the details about the GI that how
its standard will be maintained. The submission of three certified copies of the map of the region where
the GI belongs is mandatory.
4 the Examiner will scrutinize the application for any deficiencies or similarities. If the examiner finds any
discrepancy, he will communicate the same to the applicant, which is to be replied within one month of the
communication of the discrepancy.
5 the application is scrutinized. If need be, the applicant is asked to clear any doubts/objections within two
months of the communication otherwise, the application will be rejected.
SJC Institute of Technology

6 After getting a green signal from the Registrar, the application is published in the official Geographical
Indication Journal (http://www.ipindia.nic.in/journal-gi.htm) for seeking any objections to the claims mentioned
in the application. The objections have to be filed within four months of the publication.
7 If no opposition is received, the GI gets registered by allotting the filing date as the registration date.