1.

What are the key considerations and tests for determining fair use
doctrine under copyright law? Explain with examples.

FAIR USE DOCTRINE

• 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:
o The character of the use – use of the work is purely
educational, non-profit and personal.
o Nature of the work – The use of work is factual in nature and
not imaginative
o 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.
o Impact of use on the value of the Copyrighted material – If a
small portion of the work is copied and is not affecting the
authors economic and moral rights, it will be excused from the
infringement.
• Detailed information on the examples of the Fair Use Doctrine can
be accessed from the official website (http://copyright.gov.in/
exceptions.aspx). A few examples are listed below:
o Quotation mentioned in the Copyrighted work.
o Reporting of current events in the media, such as newspapers,
magazines or radios/television.
o Reproduction of the work by teachers or scientific researchers.
o Use of any work prepared by the Secretariat of a Legislature.

2.Using a Flow chart, explain the important steps involved in the

process of Copyright Registration.
Step 1: File an application: Visit the Copyright Office website.
Create a user ID and log in. Under “e-filing of Applications,” click
on “Online Registration of Copyright.”
Step 2: Examination: The Copyright Office examines the
application. If any discrepancies are found, they will be
communicated to you.
Step 3: Registration: Once approved, your work is officially
registered.

What were the key events and circumstances surrounding the

copyright dispute between photographer David Slater and the
macaques in Indonesia in 2011? Explain.
4.What are the different categories of trademarks recognized under
Indian law, and tabulate the famous trademark types with examples.

In India, trademarks are classified into various categories based on their

characteristics and usage. Let’s explore these categories and provide
examples for each:

1. Words and Service Marks:

o These trademarks are used to identify products and services
provided by a trading company or service provider.
o Examples:
▪ Nestlé: Known for its food and beverage products.
▪ Maggi: Famous for instant noodles and other food
items.
2. Shape Marks:
o Shape marks relate to the appearance or packaging of
products.
o Example:
▪ The iconic Coca-Cola bottle shape distinguishes it from
other beverage brands.
3. Logos and Symbols:
o Logos and symbols represent visual elements associated with
a brand.
o Examples:
 ▪ Chanel: Recognizable for its interlocking “C” logo.
▪ McDonald’s: Known for its golden arches symbol.
4. Series Marks:
o Series marks cover variations of a trademark within a series of
related goods or services.
o Example:
▪ Different variants of Colgate toothpaste fall under a
series mark.
5. Certification Marks:
o These indicate that a product or service meets specific
standards or quality criteria.
o Examples:
▪ ISI mark: Indicates compliance with Indian quality
standards.
▪ Hallmark gold: Certifies the purity of gold jewelry.
6. Collective Marks:
o Collective marks represent a group or association of
producers, traders, or service providers.
o Example:
▪ Darjeeling Tea Association: Represents tea produced
in the Darjeeling region.
7. Well-Known Trademarks:
o These trademarks have gained substantial recognition and are
synonymous with specific goods or services.
o Example:
Apple: Known worldwide for its electronic devices and software.

5.Using a flowchart, explain the steps involved in the process of

Trademarks Registration.
Prior Art Search – Prior to applying for Trademark registration, it is always
prudent to check whether the intended Trademark is already registered or
not. Also, it is ascertained whether the intended Trademark is not similar
to the ones already registered.

The steps involved in the registration process are as follows:

• After the prior art search has been conducted, the applicant can
apply for the registration on his own or with the help of a certified
agent.
• The application is assigned an application number within a few days.
(The same can be tracked online at
https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx.)
• 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 (http: //www.ipindia.
nic.in/journal-tm.htm). 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. If the application is rejected, the applicant may
approach the Intellectual Property Division to challenge the
rejection of an application by the examiner.
• Once the Trademark is published in the official journal, the public
has an opportunity to file an objection, if any, within 90 days. After
hearing both the parties, the officer decides whether to proceed
further for the grant of Trademark or disallow the grant of
Trademark. In case of unfavorable outcome, the applicant has the
right to contest the decision in front of the IPAB.
• Once the application has successfully completed all formalities, a
Trademark registration certificate is issued in the name of the
applicant.

6.Define the term Copyright and write its classes.

COPYRIGHT

Copyrights refer to the legal rights provided by law to the original creator
of the work in the fields of literature and computer software.

CLASSES OF COPYRIGHTS

• Literature: Books, Essays, Research articles, Oral speeches, Lectures,

Compilations, Computer programs, 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 Film: It is a visual recording performed by any
medium, formed through a process and includes a sound recording.
For example, Motion Pictures, TV Programs, Visual Recording, Sound
Recording, etc

7.What are the two exclusive rights owned by the copyright

owner? Explain briefly.
8.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:
o Hear appeals against the orders of the Registrar of Copyrights.
o Hear applications for rectification of entries in the Register of
Copyrights.
o Adjudicate upon disputes on the assignment of Copyrights.
o Grant compulsory licenses to publish or republish works (in
certain circumstances).
o Grant compulsory license 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.
o 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.
o Fix rates of royalties in respect of sound recordings under the
cover-version provision.
o 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.
• Society can perform the following functions:
 o Keep track of all the rights and infringements related to their
clients.
o Issue licenses in respect of the rights administered by the
society.
o Collect fees in pursuance of such licenses.
o Distribute such fees among owners of Copyright after making
deductions for the administrative expenses
9.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

•
 Advantages that a proprietor gains through trademark
registration: -