Research Methodology and Intellectual Property Rights

Module-1
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1. List the different types of research misconduct and provide a brief explanation
for each one.
List of different types of research misconduct
1. Fabrication
• Creating or inventing false data or results and presenting them as real. This misleads
the research community by providing non-existent findings.
2. Falsification
• Manipulating research data, equipment, or processes to distort the actual results. This
includes omitting crucial data or altering experimental setups to achieve desired
outcomes.
3. Plagiarism
• Using someone else's ideas, words, or findings without proper acknowledgment or
citation. This is a violation of intellectual property rights.
4. Misappropriation of Credit
• Taking credit for work done by others, such as excluding rightful contributors or
adding undeserving individuals as co-authors.
5. Duplicate Publication (Self-Plagiarism)
• Publishing the same research findings in multiple places without proper disclosure
or justification. This wastes resources and misrepresents the novelty of the research.
6. Non-Disclosure of Conflicts of Interest
• Failing to disclose personal or financial interests that may bias research outcomes.
This can compromise the integrity of the research.
7. Ethical Violations in Human or Animal Studies
• Ignoring ethical guidelines for the treatment of human participants or animals in
research, such as failing to obtain informed consent or causing unnecessary harm.
8. Inappropriate Authorship
• Listing authors who have not contributed significantly to the research or excluding
those who have. Proper authorship attribution is essential for academic integrity.
9. Data Suppression
• Hiding or not reporting data that contradicts the research hypothesis. This creates a
biased representation of findings.
10. Ghostwriting
• Allowing someone else to write a paper or conduct research without giving them
proper credit or acknowledgment.
11. Violation of Peer Review Ethics
• Misusing privileged information obtained during the peer review process or
sabotaging the work of others.
2. Define Engineering Research and list its aims and objectives
Engineering research is the systematic investigation and study of engineering problems,
concepts, or processes using scientific principles, methodologies, and tools to develop
new technologies, optimize designs, improve processes, or solve complex engineering
challenges.
It bridges theoretical knowledge and practical applications to create innovative and
sustainable solutions for real-world problems.
Aims of Engineering Research
1. Innovation and Development: To create new products, technologies, or processes
that advance engineering practices.
2. Problem Solving: To address and find solutions to practical engineering challenges
in various industries.
3. Optimization: To improve the efficiency, cost-effectiveness, and sustainability of
existing systems and processes.
4. Knowledge Advancement: To contribute to the body of knowledge in engineering
through discoveries and publications.
5. Technological Growth: To drive progress in engineering fields by developing
cutting-edge technologies and techniques.
6. Sustainability: To develop environmentally friendly and sustainable engineering
solutions.
7. Interdisciplinary Collaboration: To integrate knowledge from various fields for
comprehensive solutions.
8. Education and Training: To prepare skilled researchers and engineers for the future
9. Global Competitiveness: To develop technologies that position industries at the
forefront of innovation.
10.Social Impact: To design systems that improve quality of life and address societal
needs.

Objectives of Engineering Research

1. Development of Theoretical Frameworks: To build models, theories, and methods
that explain engineering phenomena.
2. Design and Experimentation: To create prototypes, conduct experiments, and
validate engineering concepts.
3. Optimization of Systems and Processes: To refine and enhance the performance of
existing technologies or systems.
4. Application of Interdisciplinary Knowledge: To integrate principles from physics,
mathematics, computer science, and other fields into engineering solutions.
5. Addressing Societal Needs: To develop solutions that meet societal challenges such
as energy, infrastructure, and healthcare.
 6. Education and Knowledge Transfer: To disseminate findings through teaching,
publications, and collaborations to benefit the academic and industrial communities.
7. Industrial Advancement: To support industries with innovative research that
enhances productivity and competitiveness.
8. Risk Analysis: To assess and mitigate risks in engineering projects and systems.
9. Collaboration: To work with academia, industries, and government agencies on
joint research projects.
10.Publication and Dissemination: To share research outcomes through journals,
conferences, and other platforms.

3. What ethical considerations and responsibilities should be taken into account when
determining authorship in engineering research?
Authorship in engineering research must be determined ethically to ensure fair credit
and accountability.
Ethical Considerations in Determining Authorship
1. Substantial Contribution:
o Authorship should be limited to individuals who have made significant
intellectual contributions to the conception, design, execution, or analysis of the
research.
o Examples of substantial contributions include formulating the research
hypothesis, designing experiments, performing critical data analysis, or drafting
the manuscript.
2. Fair Attribution:
o Authorship should reflect the actual contribution of each individual. For instance,
someone who contributed to experimental design should be recognized over
someone who assisted with routine tasks like data entry.
3. Avoid Ghostwriting and Exclusion:
o Ghostwriting refers to excluding individuals who made a significant contribution
to the research. This is unethical because it fails to acknowledge their effort.
o Similarly, honorary authorship (e.g., adding a senior professor or administrator
who had no substantial role in the work) undermines the credibility of research.
4. Transparency in Roles:
o Clearly define each person’s role in the research process before starting the
project. This minimizes misunderstandings and ensures everyone knows their
responsibilities and potential authorship status.
5. Consent of All Authors:
o All authors must agree to be listed on the paper and approve the final version of
the manuscript. This prevents disputes after publication.
6. No Gift or Honorary Authorship:
o Adding individuals as authors solely based on their position, seniority, or funding
contributions (without intellectual input) is unethical. For example, including a
 principal investigator (PI) who didn’t contribute significantly breaches ethical
standards.
7. Acknowledgments for Minor Contributions:
o Contributions that do not meet the authorship criteria, such as funding acquisition,
administrative support, or minor technical assistance, should be mentioned in the
acknowledgment section.
8. Conflict Resolution:
o If disputes over authorship arise, resolve them collaboratively based on
documented contributions rather than personal biases or power dynamics.
9. Cultural and Institutional Norms:
o Different fields and institutions may have varying norms for determining
authorship. For example, in engineering, first authorship often reflects the main
contributor, while senior authorship (last author) might indicate the project
supervisor or principal investigator.
10.Accountability:
o Each author must take responsibility for their contribution. For instance, an author
involved in data analysis should ensure the data's accuracy and integrity.

Responsibilities of Authors
1. Integrity in Research:
o Follow ethical research practices, ensuring that experiments, data analysis, and
conclusions are conducted and reported accurately. Avoid fabrication or
falsification.
2. Honest Reporting of Contributions:
o Each author should clearly report their role in the research. For example, if
someone only reviewed the manuscript, their contribution should not be inflated
to claim intellectual input.
3. Originality and Citation:
o Ensure that the research is original and free from plagiarism. Properly credit all
sources, including data, methodologies, and previous works.
4. Accountability for Research:
o Be prepared to answer questions or defend the research results, particularly for
the sections of the paper you contributed to.
5. Respect for Collaboration:
o Treat all collaborators fairly, regardless of their rank or experience. Junior
researchers and students should not be exploited or denied due credit for their
work.
6. Open Communication:
o Maintain transparency and communicate regularly with co-authors about
changes, progress, or decisions regarding the research or publication.
7. Adherence to Guidelines:
 o Follow the authorship policies set by journals, funding agencies, or institutions.
For example, organizations like IEEE or ICMJE (International Committee of
Medical Journal Editors) provide clear guidelines on authorship.
8. Mentorship:
o Senior researchers or faculty should mentor junior researchers and students on
authorship ethics. This includes guiding them on fair practices and proper
acknowledgment of contributions.
9. Approval of Final Manuscript:
o Ensure all co-authors review and approve the final draft of the paper before
submission. This helps to avoid ethical disputes and ensures consensus on the
content.
10.Disclosure of Conflicts of Interest:
o If any author has financial, personal, or professional relationships that could
influence the research findings, these must be disclosed in the paper. For instance,
if an author’s research is funded by a company that might benefit from the results,
this should be stated.

4. Enlist and Explain different types of engineering research

Types of Engineering Research
Engineering research is diverse and encompasses various approaches depending on the
nature of the problem, objectives, and methodologies involved

1. Fundamental (Basic) Research

• This type of research focuses on understanding the fundamental principles and theories
of engineering. It aims to expand scientific knowledge without immediate practical
application.
• Example: Studying the behavior of new materials under different stress conditions to
understand their properties.

2. Applied Research
• Applied research aims to solve specific, practical problems using scientific knowledge.
It bridges the gap between theoretical knowledge and practical implementation.
• Example: Developing a new type of fuel-efficient engine based on principles of
thermodynamics.

3. Experimental Research
• This involves conducting experiments to test hypotheses, validate theories, or analyze
the behavior of systems under controlled conditions.
• Example: Testing the performance of a bridge design under simulated load conditions.

4. Computational Research
• Computational research uses mathematical models, simulations, and algorithms to
analyze and solve engineering problems.
• Example: Simulating the aerodynamics of a car design using computational fluid
dynamics (CFD).

5. Design-Oriented Research
• This research focuses on designing and creating new systems, processes, or products. It
often involves prototyping and testing.
• Example: Designing a wearable device for monitoring vital signs in patients.

6. Developmental Research
• This type involves the systematic use of research outcomes to develop new
technologies, systems, or methods. It is closely tied to industrial needs.
• Example: Developing advanced robotics for industrial automation.

7.Field Research
• Field research involves studying engineering systems or processes in real-world
environments rather than in laboratories.
• Example: Analyzing the structural stability of a dam during heavy rainfall.

8. Case Study Research

• This involves in-depth analysis of specific engineering projects or systems to understand
their success, failures, or lessons learned.
• Example: Studying the collapse of a bridge to improve future designs.

9. 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.

10. Experimental Development

• This type of research focuses on using existing knowledge to improve or innovate
products and processes, often involving prototyping.
• Example: Enhancing the durability of batteries for electric vehicles.

5. What are the key ethical issues related to authorship? Explain each one.
Authorship plays a critical role in research methodology and intellectual property rights,
as it determines credit, accountability, and ownership of intellectual contributions.
 1. Ghostwriting
• Ghostwriting refers to excluding individuals who have made significant contributions
to the research but not giving them proper authorship credit.
• This deprives contributors of recognition for their work and violates principles of
fairness and intellectual property rights.
• Example: A technician who developed a crucial experiment is not credited as an author.

2. Honorary (Gift) Authorship

• Adding individuals as authors who did not contribute significantly to the research, often
out of respect, as a favor, or due to their seniority.
• It undermines the credibility of the publication and unfairly distributes credit.
• Example: Including a senior professor as an author solely because they head the
department, despite not contributing to the research.

3. Plagiarism
• Using someone else’s work, ideas, or data without proper citation or acknowledgment.
• Plagiarism breaches intellectual property rights, damages the originality of the research,
and can lead to legal consequences.
• Example: Copying text from another researcher’s paper into your manuscript without
citing the source.

4. Misrepresentation of Contributions
• Falsely inflating or downplaying the level of contribution made by individuals in the
research.
• It creates a false record of who contributed what, leading to disputes and unethical
authorship practices.
• Example: Claiming authorship for drafting the manuscript when only minor edits were
made.

5. Order of Authorship Disputes

• Disagreements over the sequence in which authors are listed, as the order often reflects
the level of contribution and recognition.
• Misrepresentation in the order can harm the credibility of the research and lead to
professional conflicts.
• Example: A junior researcher who contributed the most is listed as the second or third
author instead of the first.

6. Exclusion of Contributors
• Deliberately omitting individuals who made significant intellectual or experimental
contributions to the research.
• It denies rightful recognition and violates the ethical principle of fairness.
• Example: Excluding a collaborator because of personal disagreements.
 7. Lack of Accountability
• When authors listed on a paper do not take responsibility for the accuracy, integrity, or
validity of the research.
• This can lead to the dissemination of false information and harm the reputation of all
authors involved.
• Example: An author refuses to verify experimental data that they were responsible for
collecting.

8. Failure to Obtain Consent

• Including someone as an author without their explicit consent or without informing them
about the research publication.
• This violates trust, academic ethics, and can result in legal disputes.
• Example: Adding a co-researcher’s name to a paper without notifying them.

9. Inadequate Acknowledgment
• Failing to properly acknowledge contributors who do not meet the criteria for authorship
but still played a role in the research (e.g., technical assistants or funding sources).
• This can strain professional relationships and violate intellectual property rights.
• Example: Not mentioning the institution or funding agency that provided financial
support for the project.

10. Conflicts of Interest

• When an author has financial, personal, or professional relationships that could bias the
research outcomes but fails to disclose them.
• This can lead to ethical and legal concerns, affecting the credibility of the research.
• Example: An author is funded by a company that stands to benefit from the research
findings but does not disclose this affiliation.
6. What are the three broad categories of developing and accessing Knowledge in
research? Explain with a diagram (Recheck with your notes)

1. Creation of Knowledge (Knowledge Generation)

The creation of knowledge involves the generation of new ideas, theories, concepts, or
inventions through research. This process is typically driven by original inquiry,
experimentation, and innovation in engineering and scientific fields.
• Methods:
o Basic Research: Conducting experiments, gathering data, and exploring new
theories.
o Applied Research: Solving specific practical problems based on established
knowledge and techniques.
o Prototyping and Development: Creating new devices, systems, or software
through design, testing, and optimization.
• Example:
Developing a new type of renewable energy system based on novel engineering
principles.

2. Validation and Refinement of Knowledge

• Once knowledge is created, it must be validated through rigorous testing, peer review,
and reproducibility to ensure its accuracy and reliability. This process is essential in
establishing the credibility of research findings.
• Methods:
o Experimental Research: Conducting experiments to test hypotheses and
confirm the findings.
 o Modeling and Simulation: Using computational methods to simulate real-world
systems and validate theories.
o Peer Review: Submitting research findings to other experts in the field to
evaluate their quality and relevance.
• Example:
Testing the performance of an engineered product under real-world conditions to
confirm its viability.

3. Dissemination and Access to Knowledge

• This category refers to the processes of sharing and accessing research findings,
theories, and inventions. Knowledge dissemination is crucial for advancing science,
influencing policy, and fostering further innovation.
• Methods:
o Publications: Publishing research findings in academic journals, books, and
conference papers.
o Presentations and Conferences: Sharing results at scientific gatherings to gain
feedback and collaborate.
o Open Access Platforms: Distributing knowledge through open-source or freely
available databases and repositories.
o Patents and Licensing: Protecting and commercializing inventions by securing
intellectual property rights (IPR).
• Example:
Publishing research on a new material in a peer-reviewed journal and securing a patent
for its manufacturing process.

7. Explain Fabrification, Falsification and Plagarism related to engineering Research

1. Fabrication:
• Fabrication refers to the act of making up data, results, or findings in research, rather
than obtaining them through proper experimentation, observation, or analysis.
• If a researcher in engineering creates fake data to support a hypothesis or to make their
results look more significant, it is considered fabrication. This could involve inventing
test results, modifying experimental measurements, or creating nonexistent
experimental observations.
• Example: An engineer might falsify experimental data on the performance of a new
material to make it appear better than it is, just to get the paper published or to gain
recognition.
• Consequences: This undermines the credibility of research, damages the reputation of
the researcher, and may lead to legal consequences, including loss of funding or
academic privileges.
2. Falsification:
• Falsification involves manipulating research data or results with the intent to mislead.
This is different from fabrication because some real data might be altered or selected in
a biased manner, but not completely made up.
• Falsification could involve tweaking test results, omitting data that contradicts the
desired outcome, or selectively reporting only favorable results while ignoring the
unfavorable ones.
• Example: An engineering researcher may conduct experiments on a new process but
only report the results that show the process is effective, hiding any trials that indicate
it’s not successful.
• Consequences: Like fabrication, falsification leads to false conclusions, misleading the
scientific community and potentially leading to hazardous decisions in real-world
applications, such as unsafe engineering practices. It can also result in loss of credibility,
academic sanctions, and legal penalties.
3. Plagiarism:
• Plagiarism is the act of using someone else’s work, ideas, or research findings without
proper acknowledgment, thereby presenting it as one’s own.
• Engineering researchers may plagiarize by copying code, reports, designs, or even
research papers from other researchers or online sources without proper citation or
permission.
• Example: A student may copy sections of a technical paper without quoting or
referencing the source, or an engineer may use proprietary designs from a competitor in
their own patent application without permission.
• Consequences: Plagiarism in research not only violates academic integrity but can also
lead to legal issues, especially in Intellectual Property (IP) matters. It can result in
revoked degrees, academic penalties, or lawsuits for IP theft.

8. Discuss the different types of engineering research. Clearly point out the
Differences between all of them with examples.
Different Types of Engineering Research
1. Basic Research (Fundamental or Pure Research):
• Basic research seeks to expand knowledge for its own sake without focusing on
immediate practical applications.
• To deepen understanding of scientific principles and theories.
• Example: Investigating the properties of a new material or exploring fundamental
theories in thermodynamics.
• Research Methodology: Involves theoretical analysis, modeling, and experiments to
validate concepts. Results often contribute to the academic body of knowledge rather
than to direct industrial applications.
• While basic research might not always result in immediate inventions, it can still lead
to valuable discoveries that could be patented in the future (e.g., a new material with
potential applications). Researchers should be aware of patent possibilities if they
discover something new.
2. Applied Research:
• Applied research involves using existing knowledge to address specific, real-world
problems.
• To develop practical solutions that can be implemented to solve engineering challenges.
• Example: Developing a new energy-efficient engine design or a safer construction
material.
• Research Methodology: Applied research typically involves problem-solving through
experimentation, design, and development. It often includes collaboration with
industries or businesses.
• Applied research frequently results in innovations that can be patented, protecting
intellectual property and allowing researchers or companies to commercialize the
technology (e.g., a new device or process).
3. Experimental Research:
• Experimental research involves manipulating variables to observe their effects and
establish cause-and-effect relationships.
• To validate or refute hypotheses through controlled experiments and data collection.
• Example: Testing the performance of a new material in different environments to
determine its durability.
• Research Methodology: It typically involves designing experiments, controlling
variables, collecting data, and analyzing results statistically.
• Innovations resulting from experimental research, such as new materials or processes,
can often be patented. Proper documentation of experimental procedures is essential to
establish the novelty of the invention.
4. Descriptive Research:
• Descriptive research focuses on describing the characteristics or behavior of a
phenomenon without manipulating it.
• To gather detailed information and present an accurate picture of a situation.
• Example: Surveying engineers to understand the challenges in adopting new
technologies in construction.
• Research Methodology: Descriptive research may use surveys, case studies, or
observational techniques to collect data.
• While descriptive research may not directly lead to patents, it contributes valuable
insights that can inform applied research. Researchers should ensure proper citation and
avoid plagiarism when sharing findings.
5. Developmental Research:
• Developmental research involves designing and improving systems, products, or
processes based on existing knowledge and research.
• To create new solutions, products, or technologies that can be used in the industry.
• Example: Designing a new automated system for manufacturing or creating a new
version of a software tool for engineers.
• Research Methodology: This type of research involves iterative testing, prototyping,
and refinement to develop a practical and viable solution.
• Developmental research often leads to the creation of intellectual property that can be
protected by patents or copyrights. Researchers should be aware of the potential for
patenting new products or processes.
6. Qualitative Research:
• Qualitative research focuses on exploring deeper insights and understanding the reasons
behind behaviors, experiences, or phenomena.
• To explore underlying motivations, challenges, or perspectives in engineering practices.
• Example: Conducting interviews with engineers to understand the barriers to adopting
green technologies.
• Research Methodology: Qualitative research methods include interviews, focus
groups, and case studies. The data is often non-numerical and analyzed through thematic
or content analysis.
• Although qualitative research doesn't directly lead to patentable inventions, it provides
valuable data that can inform future applied research. Proper ethical handling of
information and participant confidentiality is crucial.
7. Quantitative Research:
• Quantitative research involves gathering and analyzing numerical data to quantify
variables and understand relationships.
• To measure and analyze patterns, correlations, and cause-and-effect relationships.
• Example: Measuring the stress-strain behavior of different materials under load or
analyzing energy consumption data across various systems.
• Research Methodology: Quantitative research involves surveys with closed-ended
questions, experiments with data collection, and statistical analysis.
• Quantitative research may lead to the development of new products, systems, or
processes, which can be patented. Researchers must ensure the data is accurate and
complete, as misleading or incomplete data can result in invalid conclusions.
 Key Differences Between the Types of Engineering Research:

Type of Research Research Methodology Examples

Involves theoretical analysis and Study of material properties to

Basic Research experiments to understand core understand atomic structure or
principles. molecular behavior.

Solves specific real-world

Applied Development of energy-efficient devices
problems through experiments
Research for industrial or residential use.
and practical application.

Conducts controlled experiments

Experimental Testing material properties in extreme
to test hypotheses and observe
Research conditions to determine their durability.
cause-and-effect.

Observes and describes

Descriptive Surveying engineers on challenges
phenomena without manipulating
Research during new technology adoption.
variables, often through surveys.

Involves designing and

Developmental Designing new engineering technologies
improving products or processes
Research and refining them based on feedback.
through prototyping and testing.

Focuses on exploring
Qualitative motivations and experiences Interviewing experts to understand
Research using interviews and case barriers to new technological adoption.
studies.

Collects and analyzes numerical Analyzing data on energy efficiency in

Quantitative
data to identify patterns and various industries to determine best
Research
statistical relationships. practices.
 Module-2
1. How does the new and existing knowledge can contribute to the research process?
Explain with relevant points.
The integration of both new and existing knowledge is essential in advancing the
research process. Research is not conducted in a vacuum; rather, it builds upon what has
already been discovered and introduces innovative ideas to further develop knowledge
in a field.
1. Existing Knowledge:
• Foundation for Further Research: Existing knowledge, typically accumulated in the
form of research papers, textbooks, journals, and past theses, forms the foundation upon
which students can build. For VTU students, exploring existing research in their field
helps them understand the theoretical background, previous methodologies, and
outcomes of similar studies.
• Literature Review:Before starting any research, a thorough literature review is
essential. Existing knowledge provides context for the research problem, helping
students identify gaps in the literature and determining where new research can
contribute.
• Problem Definition: By understanding existing theories, concepts, and results, students
can refine the research problem, making it relevant and addressing unanswered
questions.
• Methodologies and Techniques: Existing knowledge offers various research
methodologies and tools that students can adapt for their own research. For VTU
students, recognizing the strengths and weaknesses of previous research can help in
choosing the best approach for their own projects.
2. New Knowledge:
• Innovation and Progress: New knowledge often emerges from the process of research
itself. By experimenting with new theories, methods, or technologies, students
contribute to the evolution of knowledge in their field. New knowledge helps fill gaps
identified in the existing body of research.
• Problem Solving: New knowledge can lead to solutions for practical problems that have
not been previously addressed. For VTU students, this could mean using recent
advancements in technology or engineering to solve industry-specific problems.
• Updating Existing Models: New knowledge can refine or update existing theories or
models. Research students can challenge the status quo by proposing modifications or
entirely new models based on their findings.
• Collaborative Research: By collaborating with peers or professors from different
disciplines or institutions, new knowledge is often generated through cross-pollination
of ideas. VTU students can engage in such collaborations to bring fresh perspectives
into their research.
 3. The Interplay of Both:
• Building on Existing Knowledge: New knowledge doesn’t emerge in isolation. It is
typically built upon existing knowledge. Students can identify unexplored aspects of
existing theories, technologies, or processes to innovate or propose improvements.
• Cross-Disciplinary Insights: Sometimes, students discover new knowledge by
applying concepts from other fields to their research area. By combining existing
knowledge from different disciplines, they can propose novel solutions or insights.
• Revisiting Old Problems: Existing knowledge doesn’t always solve every problem.
Students can revisit old research with a fresh perspective or new tools, which often leads
to new insights that weren’t possible before.

2. How can researchers effectively use search engines to find relevant literatures in
their field? (compare with college notes)
Search engines to find relevant literature is essential for conducting a thorough literature
review and advancing their research
1. Use Academic-Specific Search Engines:
• Google Scholar: Google Scholar (scholar.google.com) is a great resource for finding
academic papers, theses, books, conference papers, and patents. It provides citation
metrics and links to related articles.
• IEEE Xplore: For engineering students, IEEE Xplore is a key database for finding peer-
reviewed papers in areas related to electronics, computer science, electrical engineering,
and more.
• ScienceDirect: ScienceDirect is another powerful platform offering journals and
articles related to science, technology, and engineering.
• ACM Digital Library: The Association for Computing Machinery's library contains
journals, conference proceedings, and books in computing and information technology
fields.
2. Use Relevant Keywords and Phrases:
• Start with Core Concepts: Begin by identifying the core terms related to your research
topic. Use specific technical terms, keywords, and phrases that are central to your field.
For example, if you’re working on a research project in embedded systems, keywords
could include "embedded systems design," "microcontroller programming," or "real-
time systems."
• Use Boolean Operators: Enhance your search with Boolean operators such as:
o AND: Combines multiple keywords (e.g., “robotics AND automation”).
o OR: Broadens the search to include either of the terms (e.g., “smartphone OR
mobile application”).
o NOT: Excludes unwanted terms (e.g., “machine learning NOT deep learning”).
o Quotation Marks: Use quotation marks for exact phrases (e.g., “data mining”).
 o Asterisk (*): A wildcard symbol for multiple word endings or variations (e.g.,
“engag*” for engagement, engaging, etc.).
3. Use Filters to Narrow Results:
• Year Range: Limit search results to recent years if you want the latest research. For
instance, if you're focusing on recent developments in AI, filter results from 2020
onwards.
• Document Type: Many academic search engines allow you to filter by document type,
such as journals, conference papers, or theses. For VTU students, focusing on peer-
reviewed articles is important for high-quality, validated research.
• Subject Area: In databases like ScienceDirect or IEEE, you can filter results by specific
engineering disciplines like mechanical, electrical, civil, or computer science.
4. Advanced Search Features:
• Google Scholar: Use the "Advanced Search" feature to find papers by title, author, or
publication. This is especially useful if you know the researcher’s name or specific
journal articles you're interested in.
• Database-Specific Advanced Search: Many databases (like IEEE Xplore or
ScienceDirect) provide advanced search options to refine results based on keywords,
authors, journals, or conferences.
5. Look at Citations and References:
• Cited By: In Google Scholar, look at how many times a paper has been cited by other
researchers. This gives an indication of the paper's impact and relevance in the field.
You can also click through to see newer articles that have cited the paper.
• References in Key Papers: Once you identify a seminal paper in your area, check its
reference list for additional important studies. Often, this leads you to a treasure trove
of related literature.
6. Use Research Gateways and Repositories:
• ArXiv.org: For students in fields like computer science, electrical engineering, and
mathematics, ArXiv is a free repository of preprints where you can find cutting-edge
research.
• Academia.edu: This platform allows you to follow researchers, read their papers, and
discover research papers related to your field of interest.
• Institutional Repositories: VTU may have its own digital repository of student theses,
dissertations, and faculty research. Always check your university’s portal for additional
resources.
7. Review Journals and Conferences:
• Specialized Journals: Focus on journals dedicated to your field. For instance, for civil
engineering, journals like the Journal of Structural Engineering or Engineering
Structures would be key.
• Conference Proceedings: Many breakthrough research ideas are first presented at
conferences. For VTU students, conference proceedings often contain cutting-edge
developments in specific fields of engineering.
8. Use Citation Management Tools:
• Zotero or Mendeley: These tools help you organize your search results, keep track of
citations, and even generate bibliographies. You can store PDFs and link them to your
search results for easier access later.
• EndNote: This is another tool often used to manage references, and it integrates well
with search engines and academic databases.
9. Engage with Research Communities:
• Online Forums: Platforms like Reddit, Stack Exchange, or LinkedIn groups often have
discussions around current research trends. Engaging with these communities can help
you discover valuable resources.
• Faculty and Peer Recommendations: Your professors and peers can be invaluable
sources of literature recommendations and may know important studies that are not
easily found through search engines.
10. Stay Updated with Alerts:
• Google Scholar Alerts: You can set up Google Scholar alerts for specific keywords or
topics. This way, you’ll be notified when new papers or research related to your field
are published.
• Database Alerts: Most academic databases allow users to create alerts for specific
journals, authors, or topics. This keeps you updated on the latest research in real-time.

3. Explain how knowledge flows through a citation network using a flow diagram.

1. Knowledge flows through various channels like verbal communications, books,

documents, videos, audio, and images, playing a crucial role in the research community
and the formulation of new knowledge.
 2. In engineering research, knowledge primarily flows through books, theses, articles,
patents, and reports.
3. Citing sources is important for the transmission of knowledge from previous work to
new innovations.
4. Knowledge production can be related to citation networks.
5. Knowledge flows among co-authors during research collaborations, among other
researchers through paper citation networks, and across institutions, departments,
research fields, or topics.
6. If paper A cites paper B, knowledge flows through the citation network across
institutions.
7. The interdisciplinary nature of research encourages collaboration among scholars,
improving research quality.
8. Co-authored publications tend to have more citations than single-author papers, and
there is a positive correlation between the number of authors and the number of
citations.
9. Co-authorship citation networks demonstrate relationships between citations and
different types of collaborations.
10. Papers that frequently cite collaborators also tend to cite collaborators of
collaborators, suggesting that collaborations impact citation counts.

4. What is impact of Title and Keywords on citations? Explain Citation based

Knowledge flow
IMPACT OF TITLES AND KEYWORDS ON CITATION
• The citation rate of any research paper depends on various factors including significance
and availability of the journal, publication types, research area, and importance of the
published research work.
• Other factors like length of the title, type of the title, and selected keywords also impact
the citation count. Title is the most important attribute of any research paper.
• It is the main indication of the research area or subject and is used by researcher as a
source of information during literature survey.
• Title plays important role in marketing and makes research papers traceable.
• A good title is informative, represents a paper effectively to readers, and gains their
attention. Some titles are informative but do not capture attention of readers, some titles
are attractive but not informative or related to the readers‘ research area.
• The download count and citation of a research paper might be influenced by title.
• There are three different aspects which provide a particular behavior to the title:
o Types of the title,
o Length of the title, and
o Presence of specific markers
• Longer titles mainly include the study methodology and/or results in more detail, and
so attract more attention and citations
• In general, titles containing a question mark, colon, and reference to a specific
geographical region are associated with lower citation rates, also result-describing titles
usually get citations than method-describing titles.
• Additionally, review articles and original articles usually receive more citations than
short communication articles.
• At least two keywords in the title can increase the chance of finding and reading the
article as well as get more citations.
• Keywords represent essential information as well as main content of the article, which
are relevant to the area of research. Search engines, journal, digital libraries, and
indexing services use keywords for categorization of the research topic and to direct the
work to the relevant audience.

5. Explain the various steps involved in the critical and creative reading process.
Reading critically and creatively is an essential part as it helps in evaluating existing
research and generating new ideas. Below are the steps involved in the critical and
creative reading processe
Critical Reading Process
Critical reading helps you evaluate and understand the material deeply. Here are the
steps:
1. Skim the Text: Start by looking at the title, headings, abstract, introduction, and
conclusion to get a general idea of what the material is about. This helps you decide if
the content is relevant to your study.
2. Understand the Content: Read the text carefully to understand the main points,
arguments, and findings. Highlight key terms, concepts, or definitions for better clarity.
3. Check the Methods: Review the research methods used in the study. Ask if the methods
are appropriate, reliable, and suitable for answering the research question.
4. Examine the Evidence: Analyze the data and results presented. Check if the evidence
supports the conclusions and whether there are any inconsistencies.
5. Find Strengths and Weaknesses: Identify what the study does well, like strong data or
unique insights, and note its limitations, such as small sample size or missing references.
6. Relate to Your Work: Think about how this research connects to your topic or how you
can use it in your assignments, projects, or research.
Creative Reading Process
Creative reading allows you to think beyond the content and generate new ideas. Follow
these steps:
1. Be Curious: Approach the material with an open mind. Ask questions like, “What if
this idea was applied differently?” or “How can this solve a current problem in my
field?”
2. Spot Patterns and Gaps: Look for repeated themes, trends, or missing areas. For
example, notice if a particular issue isn’t addressed or if more examples could improve
the study.
3. Think of New Ideas: Brainstorm ways to improve or build on the research. Imagine
alternative methods, new applications, or ideas for further study.
4. Connect with Other Fields: Think about how the study’s concepts relate to other
subjects. For example, how can an engineering principle solve a real-world issue in
healthcare or the environment?
5. Challenge the Study: Question the research approach or assumptions. Think about
other ways the problem could have been studied or solved.
6. Come Up with Solutions: Use the insights to propose your own ideas, like a new
project, research question, or innovative application of the study’s findings.

6. What are the key features of the bibliographic database of the Web of Science
(WoS), and how is it commonly used in research?
The Web of Science (WoS) is a powerful bibliographic database widely used for
academic research. It provides access to a vast collection of scholarly articles, citations,
and analytics, making it an essential tool for researchers
Key Features of the Web of Science (WoS)
1. Comprehensive Coverage
o WoS indexes articles from high-quality, peer-reviewed journals across multiple
disciplines, including engineering, science, social sciences, and humanities.
o It provides access to a wide range of document types such as research articles,
reviews, conference proceedings, and patents.
2. Citation Indexing
o WoS tracks citations, allowing researchers to see how often a publication has been
cited and by whom.
o Citation relationships help in identifying influential papers and tracing the
evolution of ideas in a specific field.
3. Impact Factor and Journal Rankings
o Provides Journal Impact Factors and quartile rankings to help researchers
evaluate the quality and influence of journals.
o Useful for selecting journals for publishing research.
4. Author and Institution Analysis
o Offers detailed profiles of authors, including their publication history, h-index,
and citation metrics.
o Includes institution-level analytics to evaluate research output and collaborations.
5. Search and Filtering Tools
o Advanced search options allow filtering by author, title, institution, keyword, or
funding agency.
o Boolean operators, truncation, and citation searches help in refining results.
6. Access to Citation Network
o Provides backward and forward citation links, allowing users to trace cited
references and find related research.
7. Interdisciplinary Research
 o Covers a wide range of disciplines, making it suitable for exploring
interdisciplinary research areas.
8. Export and Integration
o Researchers can export bibliographic data to reference management tools like
EndNote, Mendeley, and Zotero for easy citation management.
How Web of Science is Commonly Used in Research
1. Literature Review
o Helps students and researchers identify key studies and trends in their field of
interest.
o Provides access to seminal papers and influential works.
2. Finding High-Impact Journals
o Students can use impact factor rankings to select reputed journals for reading or
publishing.
3. Tracking Citations
o Enables researchers to see how often a paper is cited and find related work
through citation links.
o Helps in assessing the influence and relevance of a study.
4. Identifying Research Gaps
o By reviewing existing studies and trends, researchers can identify areas that need
further exploration.
5. Collaboration Opportunities
o Author and institution analytics help find experts and potential collaborators in
specific fields.
6. Staying Updated
o WoS allows researchers to set up alerts for new publications or citations in their
area of interest.
7. Funding Agency Information
o Helps track research funded by specific organizations, which can be useful for
securing funding opportunities.
8. Thesis Writing and Project Reports
o VTU students can use WoS to gather credible and high-quality references for their
dissertations, projects, and technical papers.
7. What types of citations fail to achieve their goal and do not benefit the reader?
Explain.
Citations play a crucial role in academic writing by acknowledging sources, supporting
arguments, and guiding readers to further information. However, certain types of
citations fail to achieve their intended purpose and may even confuse or mislead readers

1. Irrelevant Citations
• These citations refer to sources that are unrelated to the topic or argument being
discussed.
• They fail to provide meaningful support to the discussion and can distract the reader
from the main points.
• Example: Citing a study on chemical reactions in a discussion about mechanical
engineering principles.

2. Overused General Citations

• These citations reference widely known or basic information that does not require
citation.
• Such citations add little value and clutter the work unnecessarily.
• Example: Citing Newton's laws of motion in a mechanical engineering report without
discussing a specific interpretation or application.

3. Self-Citations Without Justification

• Authors sometimes cite their own previous work excessively, even when it is not
directly relevant.
• This practice may appear self-serving and fails to provide diverse perspectives or enrich
the discussion.
• Example: Repeatedly citing one’s own unrelated papers instead of more relevant,
authoritative sources.

4. Misleading or Incorrect Citations

• These citations reference sources that do not actually support the claims being made or
misinterpret the source material.
• Misleading citations can confuse readers and damage the credibility of the work.
• Example: Quoting a study as evidence for a claim when the study does not address that
specific claim.

5. Inaccessible Citations
• These refer to sources that are difficult for the reader to access, such as unpublished
works, outdated references, or non-existent studies.
• Readers are unable to verify the information or explore further, reducing the
transparency of the work.
• Example: Citing an unpublished manuscript or a source in a language the audience
cannot read without providing a translation.

6. Excessive Citations
• Over-citing multiple references for a simple or obvious point.
• It overwhelms the reader and makes it difficult to identify the most relevant sources.
• Example: Providing a long list of citations for a well-known fact.

7. Secondary Citations
• Referring to a source indirectly, without accessing the original work.
• Impact on the Reader: Secondary citations may misrepresent the original work and do
not provide a direct path for verification.
• Example: Citing a textbook that quotes another author’s findings without consulting
the original study.

8. Citation of Outdated Sources

• Using references that are no longer relevant due to advancements in the field.
• Outdated citations can lead to reliance on superseded knowledge and misinformed
conclusions.
• Example: Citing a 20-year-old study on a rapidly evolving technology like artificial
intelligence

8. Explain the most common styles for citation used by engineers during research,
and provide an example.
Engineers use specific citation styles to reference their sources properly in research
papers, theses, and projects. The choice of citation style often depends on the
requirements of the institution, publisher, or field of study. Below are the most common
citation styles used by engineers and an example for each.

1. IEEE (Institute of Electrical and Electronics Engineers) Style

• Commonly Used For: Engineering, computer science, and technology-related fields.
• Key Features:
o Uses numbered citations in square brackets [ ] within the text.
o The reference list is organized in the order of citation, not alphabetically.
o Includes details like authors, article title, journal name, volume, issue, year, and
page numbers.

2. APA (American Psychological Association) Style

• Commonly Used For: Interdisciplinary studies, including engineering fields where the
focus is on human factors or social sciences.
• Key Features:
 o Uses author-date format for in-text citations.
o The reference list is organized alphabetically by the author’s last name.

3. MLA (Modern Language Association) Style

• Commonly Used For: General studies and interdisciplinary research that occasionally
overlaps with engineering topics.
• Key Features:
o Uses author-page format for in-text citations.
o The Works Cited page is organized alphabetically.

4. Chicago Manual of Style

• Commonly Used For: Engineering projects or research involving history, policy, or
other fields requiring detailed referencing.
• Key Features:
o Offers two systems: Notes and Bibliography (uses footnotes or endnotes) and
Author-Date.
o Commonly used for technical reports and dissertations.

5. Harvard Style
• Commonly Used For: Scientific and engineering research where author-date format is
preferred.
• Key Features:
o Uses author-date in-text citations.
o Reference list is alphabetically ordered by the author's last name.
Example:
In-text citation: "This method improves performance (Smith 2022)."
Reference:
Smith, J. (2022). Title of the book. Publisher.
 Module-3
1. Describe Intellectual Property Rights and List its types?
Intellectual Property Rights (IPR) are legal rights that protect creations of the mind.
They grant exclusive rights to creators and inventors over their inventions, literary and
artistic works, symbols, names, and images.
These rights encourage innovation and creativity by providing creators with control over
their work and preventing unauthorized use.

Types of Intellectual Property Rights:

1. Patents: Protect new inventions, providing the patent holder with the exclusive right to
use, sell, and manufacture the invention for a limited period. A patent is a legal record
that bestows the holder the exclusive right over an invention as per the claims, in a
limited geographical domain and for a limited duration by thwarting possible interested
parties from any form of manufacture, use or sale of the product or outcome of the
invention
2. Copyright: Protects original literary, artistic, musical, and dramatic works, including
books, music, films, and software. Copyright grants exclusive rights to the copyright
holder to reproduce, distribute, and display their work. Copyright is the right bestowed
on the owner or creator in relation to publication, and distribution of a piece of writing,
music, picture or related works. Copyright also applies to technical contents such as
software, datasheets and related documents.
3. Trademarks: Protect brand names, logos, and other symbols that distinguish goods and
services of one business from another. Trademarks prevent others from using similar
marks that could cause consumer confusion.
4. Industrial Designs: Protect the ornamental or aesthetic aspects of an article. This can
include the shape, pattern, or ornamentation of a product.
5. Geographical Indications: Identify goods as originating from a specific region where
a particular quality, reputation, or other characteristic of the good is essentially
attributable to its geographical origin.
6. Trade Secrets: Protect confidential information that provides a business with a
competitive edge. This can include formulas, practices, designs, or instruments.
7. Plant Varieties Protection: This is a specific type of IPR that protects new varieties of
plants. Given India's strong agricultural sector, this is relevant for students in
biotechnology, agriculture, and related fields. It grants rights to breeders over their new
plant varieties, similar to patents for inventions.
2. Explain the following major steps involved in the process of Patent Registration:
i)Prior Art Search ii)Choice of application to be filed iii)Pre grant opposition
i) Prior Art Search:
1. Prior Art Search
• A systematic investigation of existing public information (patents, publications, etc.) to
assess the novelty of an invention before applying for a patent.
• Purpose:
o Determine if the invention is truly new (novelty).
o Avoid wasting time and resources on unpatentable inventions.
o Refine the scope of the invention and strengthen the patent application.
• Sources:
o Patent databases (Espacenet, USPTO, Indian Patent Office).
o Scientific literature (Google Scholar, IEEE Xplore).
o Technical journals, conference proceedings, online repositories.
• Process:
o Identify relevant keywords and classifications.
o Search databases and literature using appropriate search strategies.
o Analyze search results to identify relevant prior art.

2. Choice of Application
• Provisional Application:
o Nature: A preliminary application establishing a priority date.
o Advantages: Lower cost, simpler requirements, 12-month window to file a
complete application.
o Disadvantages: Does not grant a patent, requires a complete application within
12 months.
• Non-Provisional Application:
o Nature: A complete application with detailed description, claims, and drawings.
o Types:
▪ Ordinary: Filed directly in the Indian Patent Office.
▪ Convention: Claims priority from an earlier application in a convention
country.
▪ PCT: International application for seeking protection in multiple countries.
3. Pre-grant Opposition
• A process allowing third parties to oppose the grant of a patent before it is granted.
• Grounds:
o Prior publication or use.
o Lack of novelty or inventive step.
o Insufficient disclosure.
o False information.
• Process:
o Opponent files a notice of opposition with evidence.
 o Applicant responds with counter-arguments and evidence.
o Patent office reviews the evidence and decides.

3. In which circumstances Indian residents are not required to file a patent

application first in India to get patent protection in another country? Explain.
Indian residents are generally required to file a patent application first in India before
seeking patent protection in another country.
This is mandated by Section 39 of the Indian Patents Act, 1970. However, there are
specific circumstances where this requirement is waived:

Circumstances where prior Indian filing is not required:

1. Written Permission from the Controller: The most direct exception is when the
Controller of Patents grants written permission to file a patent application directly in a
foreign country.
This permission is granted under specific conditions, primarily when the invention
relates to defense or atomic energy.
Defense-related inventions: If the invention is deemed relevant to national defense, the
Controller may allow direct foreign filing for security reasons. This prevents potential
adversaries from obtaining information about sensitive technologies through the Indian
patent system
Atomic energy-related inventions: Similarly, inventions related to atomic energy may
be granted exemption from prior Indian filing due to their strategic importance.

2. Expiry of Six Weeks (or earlier with permission) from Filing a Corresponding
Application in India: If an Indian resident files a patent application in India and six
weeks have passed without any secrecy directions being issued by the Controller, they
are then free to file abroad.
• Secrecy directions: The Controller can issue secrecy directions if the invention is
considered prejudicial to the defense of India or its national security. These directions
prohibit or restrict the publication or communication of information relating to the
invention.
• Rationale: The six-week period allows the Indian Patent Office to assess the invention
for any national security implications. If no secrecy directions are issued within this
timeframe, it implies that the invention does not pose a threat, and the applicant is free
to pursue foreign patent protection. The controller can also give permission for filing
earlier than 6 weeks.
4. Explain step by step process of obtaining the patent from the initial idea to the
grant of patent.
1. Conception of the Invention:
• This is where it all begins – the birth of a new idea. It might be a solution to a problem,
an improvement on an existing technology, or a completely novel concept.
• Key Action: Meticulously document your invention. Keep detailed records of your
ideas, experiments, sketches, and any early prototypes. This documentation can serve
as crucial evidence later in the process.
2. Prior Art Search (Patentability Search):
• Before investing time and resources in a patent application, it's essential to determine if
your invention is truly novel. A prior art search involves a comprehensive investigation
of existing patents, scientific literature, publications, and other publicly available
information.
• Purpose:
o To assess whether your invention is new and non-obvious.
o To avoid infringing on existing patents.
o To refine your invention and strengthen your patent application.
• Resources: Patent databases (like Espacenet, USPTO, Google Patents), scientific
literature databases, and online resources.
3. Drafting the Patent Application:
• This is a critical step that requires careful attention to detail. The patent application is a
legal document that describes your invention and defines the scope of protection you
are seeking.
• Key Components:
o Specification: A detailed written description of your invention, explaining how
it works and how to make it.
o Claims: These are the most important part of the patent application. They define
the precise boundaries of your invention and what you are seeking to protect.
o Drawings (if applicable): Visual representations of your invention can help
clarify the written description.
o Abstract: A brief summary of your invention.
• Types of Applications:
o Provisional Application: A preliminary application that establishes an early
filing date. It's less formal and less expensive than a complete application and
gives you 12 months to file a complete application.
o Non-Provisional (Complete) Application: A full-fledged application with all
the necessary details and claims.
4. Filing the Patent Application:
• Once the application is drafted, it's filed with the relevant patent office (in India, it's the
Indian Patent Office). This establishes your official filing date.
• Key Action: Pay the required filing fees.
 5. Publication of the Application:
• In most countries, patent applications are published 18 months after the filing date. This
makes the invention publicly known.
6. Request for Examination:
• After publication, you need to formally request the patent office to examine your
application. This initiates the substantive examination process.
7. Examination:
• A patent examiner reviews your application to ensure it meets all the patentability
requirements (novelty, inventive step, industrial applicability). They will conduct their
own prior art search and may raise objections or queries.
• Key Action: Respond to any objections raised by the examiner with clear and
convincing arguments.
8. Pre-grant Opposition (Optional):
• In some jurisdictions, third parties can oppose the grant of a patent before it is granted.
This allows others to challenge the patent if they believe it is invalid.
9. Grant of Patent:
• If the examiner is satisfied that your invention meets all the requirements and any
oppositions are resolved, the patent is granted. This gives you exclusive rights to your
invention for a limited period (usually 20 years from the filing date).
10. Post-grant Opposition (Optional):
• In some jurisdictions, there is a period after the patent is granted during which third
parties can still oppose the patent's validity.

5. Discuss the Design registration procedure of patent by using a flowchart

1. Conception of the Invention: The process begins with the conception of a new and
useful invention. It's crucial to document this stage thoroughly with dates, descriptions,
sketches, and any experimental data. This documentation can be vital evidence later in
the process
2. Prior Art Search (Patentability Search): Before filing a patent application, it's highly
recommended to conduct a prior art search. This involves searching existing patents,
scientific literature, and other public information to determine if the invention is truly
novel and non-obvious. This step helps
• Determine if the invention is patentable.
• Avoid infringing on existing patents.
• Refine the invention and strengthen the patent application.
3. Drafting the Patent Application: This is a critical step that requires careful attention
to detail. The patent application is a legal document that describes the invention and
defines the scope of protection sought. Key components include
A detailed written description of the invention, explaining how it works and how to
make or use it. This must be enabling, meaning it must provide enough information for
someone skilled in the art to reproduce the invention.
There are two main types of patent applications:
• Provisional Application: A preliminary application that establishes an early filing date
("priority date"). It is less formal and less expensive than a complete application and
gives the applicant 12 months to file a complete application.
• Non-Provisional (Complete) Application: A full-fledged application with all the
necessary details and claims.
4. Filing the Patent Application: Once the application is drafted, it is filed with the
relevant patent office (in India, it's the Indian Patent Office).This establishes the official
filing date, which is crucial for determining priority in case of similar inventions
5. Publication of the Application: In most countries, patent applications are published 18
months after the filing date. This makes the invention publicly known and allows for
public scrutiny.
6. Request for Examination: After publication, the applicant must formally request the
patent office to examine the application. This initiates the substantive examination
process
7. Examination: A patent examiner reviews the application to ensure it meets all the
patentability requirements (novelty, inventive step/non-obviousness, industrial
applicability/utility). They will conduct their own prior art search and may raise
objections or queries in an examination report
8. Responding to Objections: The applicant has the opportunity to respond to any
objections raised by the examiner in the FER. This may involve amending the claims,
providing further evidence, or arguing against the examiner's findings
9. Pre-grant Opposition (Optional): In some jurisdictions, including India, third parties
can oppose the grant of a patent before it is granted. This allows others to challenge the
patent if they believe it is invalid based on prior art or other grounds.
10.Pre-grant Opposition (Optional): In some jurisdictions, including India, third parties
can oppose the grant of a patent before it is granted. This allows others to challenge the
patent if they believe it is invalid based on prior art or other grounds.
11.Post-grant Opposition (Optional): In some jurisdictions, there is a period after the
patent is granted during which third parties can still oppose the patent's validity

6. Discuss the history of Intellectual Property Rights in India

Intellectual Property Rights (IPR) in India have evolved over several decades, with
significant legal and policy changes aimed at fostering innovation while also protecting
the interests of creators, inventors, and businesses

Pre-Independence Period
• British Colonial Era: During the British rule, India followed the English system of
IPR, but intellectual property protection was not as robust as in other developed nations.
The first law regarding patents was introduced in 1856, known as the Indian Patents
and Designs Act.
• Patent Law: In 1911, the Indian Patents and Designs Act was introduced, which
replaced the earlier Act of 1856. This Act laid the foundation for patents and designs in
India and was closely aligned with British laws.
• Copyright Law: In 1914, India adopted the Copyright Act, which was again inspired
by British law. This law helped establish the protection of literary, artistic, and dramatic
works.
Post-Independence Period (1947-1990s)
• Constitutional Framework: After independence in 1947, India recognized the
importance of intellectual property for promoting creativity and innovation. The
Constitution of India (Article 298) provides the power to the state to enact laws for the
protection of intellectual property.
• Patent Law Reform: In 1970, the Patent Act was revised and the Indian Patents Act,
1970 was introduced. This Act was a major step towards balancing the interests of
 domestic industries and global patent holders. Notably, the Act did not allow product
patents in the pharmaceutical and agricultural sectors, which was in line with India’s
development priorities.
• Copyright Act: The Copyright Act, 1957 was enacted, which had provisions for the
protection of literary, dramatic, musical, and artistic works, as well as sound recordings
and cinematograph films.
• Trademark Law: The Trade and Merchandise Marks Act, 1958 was introduced to
protect trademarks, and this law was later replaced by the Trade Marks Act, 1999.
The TRIPS Agreement and Reforms (1995-2005)
• India’s Accession to TRIPS: One of the most important events in the history of IPR in
India was the signing of the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) in 1994, under the World Trade Organization (WTO). TRIPS
laid down minimum standards for intellectual property protection that member
countries, including India, were required to adopt by 2005.
o Patent Law Amendments: As a result of TRIPS, India had to revise its patent
laws to provide product patents for pharmaceuticals, biotechnology, and
chemicals, which had previously been excluded under the 1970 Patent Act. This
reform led to the Patents (Amendment) Act, 2005.
o The 2005 amendments made provisions for granting product patents in
pharmaceuticals and other sectors, along with data exclusivity, and stricter patent
enforcement mechanisms.
Post-2005: Strengthening and Expanding IPR
• Patent Act, 2005: This Act introduced provisions for compulsory licensing and parallel
imports, which were mechanisms to ensure that public access to essential medicines
wasn’t compromised due to patent monopolies.
• Copyright Act, 2012: The Copyright Act, 1957 was amended in 2012 to provide better
protection for digital works, including software and online content, and to address issues
like piracy in the internet age.
• Trade Marks Act, 1999: India’s trademark law was revised to strengthen the protection
of trademarks, including addressing domain name disputes and expanding the scope of
protection for well-known marks.
Recent Developments (2010s-2020s)
• Designs Act, 2000: The Designs Act was introduced to protect the aesthetic and
functional design of products. The Act was revised to provide better protection in line
with international norms.
• Geographical Indications (GI): India has been actively promoting Geographical
Indications (GI), which are signs used on products that have a specific geographical
origin and possess qualities or a reputation due to that origin. GI protection was granted
under the Geographical Indications of Goods (Registration and Protection) Act,
1999.
• IPR Awareness and Enforcement: India has been increasing awareness about
intellectual property rights and strengthening enforcement mechanisms to combat
 piracy, counterfeiting, and infringement. Initiatives like the National IPR Policy (2016)
aim to improve the efficiency of IPR protection and encourage innovation.
• Digital Era: The rise of digital technologies has brought new challenges in copyright
enforcement, especially with the proliferation of online content and digital platforms.
The government has been working on laws to address these emerging concerns, such as
the Information Technology Act and amendments to the Copyright Act.
Key Institutions for IPR in India
• Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM):
This is the government body responsible for administering patents, trademarks, and
designs.
• Copyright Office: It is the government body responsible for the registration and
enforcement of copyrights.
• Intellectual Property Appellate Board (IPAB): This was established to hear appeals
against decisions related to patents, trademarks, and design cases.

India's intellectual property regime has evolved significantly from its colonial roots to
a modern system that aims to balance the interests of innovators and the public. With
ongoing reforms and increasing global integration, India’s IPR system has become an
important tool for economic growth, technology transfer, and the promotion of
creativity.

7. What strategies are involved in the commercialization of a patent?

The commercialization of a patent involves turning an invention or innovation into a
revenue-generating asset.
1. Licensing the Patent
Licensing involves granting permission to another party (individual, company, or
organization) to use the patented technology or product in exchange for royalty
payments or a lump sum.
• Exclusive Licensing: The patent holder grants the licensee exclusive rights to use the
patent. The holder cannot grant the same rights to anyone else, but in return, the licensee
typically offers higher royalty payments.
• Non-Exclusive Licensing: The patent holder can grant licenses to multiple parties,
allowing for broader use of the patent. The royalty payments are often lower per licensee
but can be spread across many licensees.
2. Selling the Patent
Selling a patent involves transferring ownership of the patent to another party. This
approach gives the patent holder a one-time lump sum payment for the invention, and
they no longer have any rights to the patent after the sale.

3. Manufacturing and Selling the Product

This involves using the patent holder's own resources to manufacture and sell the
product or technology protected by the patent.
 4. Forming a Joint Venture or Partnership
A joint venture (JV) or strategic partnership involves collaborating with another
company or organization to commercialize the patented invention. Both parties
contribute resources and share the risks and rewards.
5. Franchising
Franchising involves allowing other businesses to use the patented technology or
product as part of their business model, typically in exchange for an initial franchise fee
and ongoing royalties..
6. Spin-offs or Startups
A spin-off or startup is when the patent holder starts their own company or product line
to commercialize the patented technology. This may involve seeking investors or
venture capital to fund the business..
7. Patent Pools
Patent pools involve groups of patent holders coming together to share their patents and
cross-license them. This is especially common in industries like technology or
telecommunications, where multiple patents may be needed for a single product..
8. Creating a Licensing Network
Creating a network of companies or other entities that can use your patent under specific
conditions can help to rapidly commercialize the invention. This involves building
relationships with key players in the industry and offering them the opportunity to
license the patent.
Key Considerations in Patent Commercialization:
• Market Demand: Ensure there is demand for the product or technology.
• Competitive Advantage: Evaluate if the patented invention provides a unique
advantage in the marketplace.
• IP Protection: Ensure the patent is enforceable and properly protected to prevent
infringement.
• Monetary Investment: Commercialization often requires a financial investment,
whether it's through licensing, manufacturing, or forming partnerships.
• Strategic Partnerships: Collaborate with companies that can help with production,
distribution, and marketing to maximize profits.

8. What are utility models, and how do they differ from patents?

A utility model is a type of intellectual property protection similar to a patent but

generally for innovations that may not meet the full requirements of patentability
(such as novelty or inventive step). They are often referred to as "petty patents" or
"innovation patents" in some countries.

Utility models are intended to protect small, incremental innovations, particularly

those that improve the functionality or design of existing products or technologies.
They are often used to protect new and useful products or modifications that have
practical utility but may not involve a significant inventive step.
 Key Features of Utility Models:

1. Protection for Incremental Innovations: Utility models are often granted for
incremental or small improvements on existing products, unlike patents, which usually
cover more significant innovations.
2. Shorter Duration: Utility models typically have a shorter protection period (e.g., 6 to
15 years) compared to patents, which can last up to 20 years.
3. Lower Requirements for Inventive Step: The requirements for novelty and
inventive step are generally less stringent for utility models than for patents. The
innovation must still be new but may not need to be as groundbreaking as a patentable
invention.
4. Faster Grant Process: The process to obtain a utility model is usually faster and
simpler than a patent. There may be fewer formalities and a more streamlined
examination process.
5. Geographical Coverage: Not all countries offer utility model protection. Countries
like Germany, China, Japan, and South Korea provide utility model protection, but it’s
not as widespread globally as patents.

Differences Between Utility Models and Patents:

Aspect Utility Models Patents

Protects incremental innovations or minor Protects new inventions that involve a
Protection Type
improvements. significant inventive step.
Lower or less stringent inventive step Higher and more rigorous inventive step
Inventive Step
requirement. required.
Duration of Generally lasts 20 years, depending on
Typically shorter, ranging from 6 to 15 years.
Protection maintenance fees.
Comprehensive examination to check for
Examination Often a simplified process with limited
novelty, inventive step, and industrial
Process examination.
applicability.
Covers more innovative and substantial
Can protect products, devices, or designs with
Eligibility inventions that meet higher standards of
minor modifications or improvements.
novelty.
Usually cheaper and faster to obtain than Can be more expensive and time-
Cost
patents. consuming due to rigorous examination.
Global Not available in all countries; varies by
Available in most countries globally.
Availability jurisdiction.
 Module-4

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

Registration

The flowchart outlines the process of registering a trademark, which is a symbol or

phrase legally registered to represent a company or product. Here's a breakdown of the
steps involved:
1. Application and Initial Processing:
• It starts with the submission of a trademark application to the relevant office. This
involves data entry and digitization of the application.
• The application is then examined by officials to ensure it meets the requirements.
Supervisors review and approve the application.
• An examination report is generated, outlining any issues or concerns.
2. Publication and Potential Objections:
• The proposed trademark is published in the Trade Mark Journal, making it public
knowledge.
• During this publication period, others have the opportunity to raise objections if they
believe the trademark infringes on their existing rights.
3. Addressing Objections:
• If there are no objections, or if the opposition is decided in favor of the applicant, the
trademark proceeds towards registration.
• If objections are raised, an opposition proceeding is initiated to evaluate the validity of
the concerns.
o The applicant has the chance to respond to these objections.
o Supervisors review the response and decide whether it satisfactorily addresses
the concerns.
o If supervisors are not satisfied, the application is refused.
o If they are satisfied, the process moves forward.
4. Opposition Proceedings (if applicable):
• If the opposition is accepted after the proceedings, meaning the objections are valid,
the application is refused.
• If the opposition is rejected, the application is accepted.
5. Final Steps:
• Once all objections (if any) are resolved, and the application is deemed acceptable, the
trademark is registered.
• If the application is refused at any point, there is an option to appeal the decision
before the Intellectual Property Appellate Board (IPAB) or its successor, the dedicated
IP Division in the Delhi High Court.

2. Define the term Copyright and write its classes. What are the two exclusive rights
owned by the copyright owner? Explain briefly.
Copyright is a legal term used to describe the rights that creators have over their
original works. It protects the expression of ideas (such as books, music, films,
software, etc.) but not the underlying ideas themselves.
Copyright grants the creator exclusive rights to their work, and others cannot use it
without permission unless an exception applies.

Classes of Copyright:
1. Literary Works:
o These include written works such as novels, poems, articles, computer programs,
manuals, and even databases.
o Literary works must be original and fixed in a tangible form, meaning they must
be written down or recorded in some way.
2. Dramatic Works:
o These include plays, scripts for performances, choreography, and even certain
kinds of dance. The performance is typically required to make the work come to
life.
o It also covers works meant for film, television, and theater productions.
3. Musical Works:
o This includes both musical compositions (notes, melodies, harmonies) and
accompanying lyrics (if any).
o The musical work is protected even if it hasn’t been recorded yet, as long as it's
written or otherwise fixed.
4. Artistic Works:
o These refer to original works of art such as paintings, drawings, sculptures,
photographs, engravings, and even architectural designs.
o In general, any visual creation that’s considered original and fixed in a medium
can be classified here.
5. Sound Recordings:
o Sound recordings protect the actual recorded performance of a musical, spoken,
or other auditory works. This would include albums, podcasts, and even sound
effects used in media.
o It doesn't protect the music composition itself (that's a separate category) but
rather the specific recording of that composition.
6. Cinematographic Films:
o This category protects the visual and audio works that come from the film or
video industry. This includes movies, television programs, and even short videos,
including animations.
o Films are considered a specific form of artistic and dramatic work that also has
its own special copyright protections.
7. Software Programs:
o Copyright protection extends to computer programs, which are considered
literary works. This means that the source code and object code of a software
application are protected by copyright law.
o The visual elements (such as user interface design) can also have separate
copyright protection.
8. Choreographic Works:
o This category includes original dances and other choreographed movements that
are fixed in a medium such as video or written notation. Without this fixed form,
the choreography can't be copyrighted.
9. Architectural Works:
o This protects the design of buildings, structures, and other physical spaces. It
covers both the overall structure and the artistic elements of design (like the
aesthetic elements of a building).
o The protection is extended to the building’s blueprints and architectural plans as
well.

1. Right to Reproduce the Work (Reproduction Right):

• The copyright owner has the exclusive right to reproduce or copy their work in any
material form. This can include making copies of a literary work, recording a musical
performance, printing a photograph, or copying a software program.
• Examples:
o If a writer has written a book, they have the exclusive right to print copies of
that book.
 o A musician who composed a song has the exclusive right to record and
reproduce the music for sale or distribution.
o A photographer has the right to make and sell copies of their photographs.
• This right gives the copyright holder control over who can create copies of the work,
whether in physical or digital form.
The right to reproduce is critical because it ensures that the creator controls how their
work is copied and shared. Without this right, others could freely copy the creator’s work
without permission, potentially leading to loss of income or recognition for the creator.
2. Right to Distribute the Work (Distribution Right):
• The copyright owner has the exclusive right to distribute copies of their work to the
public. This includes the right to sell, rent, lease, or lend copies of the work.
Distribution also applies to physical copies (like books or CDs) or digital copies (like
digital downloads or streaming).
• Examples:
o An author can sell their books or distribute them through bookstores.
o A filmmaker can distribute DVDs of their film or release it on digital platforms
like Netflix or Amazon Prime.
o A software developer can sell or license their software to consumers.
• The distribution right covers not just the initial sale of a copy, but also renting, leasing,
and other forms of public distribution.
This right ensures that the creator can decide where and how their work is distributed. For
example, an artist may want to control the number of prints of their artwork or the
platforms where their music is available. Unauthorized distribution would undermine the
creator’s ability to profit from their work.
3. Using a flowchart, explain the steps involved in the process of Copyright
Registration.

The flowchart illustrates the process of copyright registration. Here's a

breakdown of the steps involved:
1. Filing of Application along with Fee: The process begins with the applicant
submitting a copyright application along with the required fee.
2. Issue of Diary No.: Upon receiving the application, the Copyright Office assigns a
unique diary number to track the application.
3. 30 Days Mandatory Waiting for Objections: There is a mandatory waiting period of
30 days during which the application is open to objections from third parties who may
claim rights or raise concerns about the copyright.
4. Objection Filed:
o No: If no objections are filed within the 30-day period, the application proceeds
to the next stage.
o Yes: If an objection is filed, the application goes through a separate process to
address the objection, which may involve sending a letter to the applicant and
receiving a reply, followed by a hearing by the Registrar. The Registrar makes a
decision based on the hearing. If the Registrar is satisfied with the applicant's
response, the application is accepted; otherwise, it is rejected.
5. Scrutinization by Examiner: The Copyright Examiner scrutinizes the application to
ensure it meets all the requirements and criteria for copyright protection.
6. Discrepancy:
o Yes: If any discrepancies or issues are found in the application, a discrepancy
letter is issued to the applicant, requesting clarification or corrections. The
applicant then sends a reply addressing the concerns.
o No: If no discrepancies are found, the application proceeds to the next step.
7. Decision of Registrar: The Registrar reviews the application, along with any
responses to discrepancy letters or objections, and makes a decision on whether to
approve the registration.
8. Registration Approved:
o Yes: If the Registrar approves the application, the copyright is registered, and
extracts from the register are sent to the applicant as confirmation.
o No: If the Registrar rejects the application, a rejection letter is sent to the
applicant.

4. Copyright Infringements, Copyright Infringement is a Criminal Offence.

Copyright Infringement is a Cognizable Offence Explain.
Copyright Infringement Overview
Copyright infringement occurs when an individual uses copyrighted material without
the permission of the copyright holder or without proper authorization.
This includes unauthorized reproduction, distribution, performance, or display of a
work protected by copyright law.
Examples include pirating movies, copying software without a license, or using
someone else’s content without attribution.
Copyright Infringement as a Criminal Offense
Under the Copyright Act, 1957 in India, copyright infringement is considered a
criminal offense if done knowingly. This is covered under Section 63, which specifies:
• Punishment for the first offense:
o Imprisonment for a term of up to six months, which may extend to three years.
o A fine of ₹50,000 to ₹2,00,000.
• Punishment for subsequent offenses:
o Stricter penalties, including imprisonment of one year or more and higher fines.
The law treats such infringement as a serious violation, aimed at protecting the rights
of creators and intellectual property owners.
Copyright Infringement as a Cognizable Offense
A cognizable offense is one where police have the authority to register a First
Information Report (FIR), investigate the matter, and arrest the accused without prior
approval from a magistrate.
• Under Section 64 of the Copyright Act, copyright infringement is categorized as a
cognizable offense. This empowers law enforcement to:
o Seize infringing material (e.g., pirated DVDs, unauthorized software copies)
without a warrant.
 o Present the seized material as evidence in court.
This provision ensures swift action against copyright violations and serves as a
deterrent to offenders by enabling immediate legal intervention.
Implications
These classifications underscore the seriousness of copyright infringement. They aim
to:
1. Protect the intellectual property rights of authors, creators, and businesses.
2. Deter piracy and unauthorized use of copyrighted material.
3. Provide mechanisms for quick and effective legal action against violators.

5. Explain the process of copyright registration? What are the benefits for the
copyright holders?
Process of Copyright Registration in India
In India, copyright is granted automatically as soon as a work is created and fixed in a
tangible medium (e.g., written, recorded, or otherwise documented).
However, registration of copyright with the Copyright Office of India offers legal
advantages, such as evidence of ownership in case of disputes.
Here’s a step-by-step breakdown of the copyright registration process in India:
1. Eligibility for Copyright Registration:
• Who can register?: The creator (author) or the owner of the work (such as the
publisher or producer) can apply for registration.
• What can be registered?: Works eligible for registration include literary, dramatic,
musical, artistic works, cinematographic films, sound recordings, software, etc.
• Prerequisite: The work must be original and fixed in a tangible form.

2. Filing the Application:

• The application for copyright registration is filed with the Copyright Office in India
(located in New Delhi), using Form XIV.
• Steps involved:
1. Fill out the application form (Form XIV): The form requires details like the
title of the work, name and address of the author, details of the applicant (if
different from the author), and a declaration of the originality of the work.
2. Submit a copy of the work: A copy of the work (or a representation of the
work) must be submitted with the application. For example, a book manuscript
or a print of a painting.
3. Pay the required fee: The fee varies depending on the type of work. It can
range from INR 500 to INR 5,000, depending on the nature of the work and
whether the applicant is an individual or a corporate entity.
3. Examination of the Application:
 • After the application is submitted, the Copyright Office examines it to ensure that
all required details are provided.
• If the application is in order, the office issues an acknowledgment receipt.
• In case of any discrepancies or if additional documentation is needed, the office
will issue a deficiency letter to the applicant, requesting the missing information.
4. Objection or Opposition:
• If there are objections to the registration, such as another party claiming ownership
or alleging that the work is not original, the applicant is given an opportunity to
respond.
• The Copyright Office will review the opposition, and after hearing both sides, will
make a decision.
5. Registration Certificate:
• If everything is in order, the Copyright Office will issue a Copyright Registration
Certificate. This certificate serves as proof of the date of creation and the
ownership of the work.
• The certificate includes the title of the work, the name of the author, and other
relevant details.
6. Duration of Registration:
• Copyright registration is valid for the duration of the author’s life + 60 years in
India (for most works). After this period, the work enters the public domain.
Benefits of Copyright Registration for Copyright Holders
While copyright exists from the moment a work is created, registering it with the
Copyright Office offers several advantages:
1. Legal Evidence of Ownership:
• Proof of Ownership: A copyright registration serves as prima facie evidence of
ownership in case of a dispute, meaning it is assumed that the registered owner
holds the copyright unless proven otherwise.
• Court Recognition: In legal proceedings, a certificate of registration is treated as
official evidence of copyright ownership.
2. Exclusive Right to Enforce Copyright:
• With registration, the copyright holder has the legal standing to sue for
infringement in court. Without registration, it is more difficult to prove ownership
and pursue legal action in some jurisdictions.
3. Deterrent to Infringement:
 • Publicly registering a work acts as a public notice that the work is protected by
copyright. This may deter others from infringing on the work, as they know that the
creator has legal rights that can be enforced.
4. Right to License or Transfer:
• A registered copyright owner can more easily license or transfer their rights to
others. This includes granting permissions for adaptation, performance,
distribution, and more. The registration helps formalize such agreements and
ensures clarity in rights transactions.
5. Financial Benefits:
• Copyright holders can monetize their work more effectively by licensing it to third
parties. With registration, the holder can prove ownership and potentially demand
better terms when negotiating with publishers, producers, or distributors.
• The copyright holder can also sell or assign the rights to others, increasing the
potential financial return from the work.
6. Protection Against Infringement:
• If someone uses the copyrighted work without permission (e.g., by copying,
distributing, or performing it without authorization), the copyright holder can file a
case for statutory damages. Having a registered copyright makes it easier to prove
infringement and enforce rights through legal action.
7. Global Protection:
• India is a signatory to international treaties like the Berne Convention for the
Protection of Literary and Artistic Works. Copyright registration in India helps
provide a foundation for seeking protection of your work in other member
countries of the Convention, under reciprocal arrangements.
6. Explain the criteria that an original work must meet to quality for copy right
protection?
To qualify for copyright protection, an original work must meet certain criteria set out
by Indian Copyright Law and international standards (such as the Berne Convention).
The core principle of copyright is that it protects the expression of ideas, not the ideas
themselves.
For a work to be eligible for copyright, it must meet the following key criteria:
1. Originality
• The work must be original, meaning it must be created independently and not copied
from someone else’s work. The creator must have made their own intellectual
contribution.
• Example: A writer’s novel or a painter’s artwork must be their own creation, not
something taken from another source or plagiarized.
• The degree of originality does not need to be high; even a small level of creativity or a
fresh approach qualifies. For instance, a simple design or a new arrangement of words
can be considered original.
2. Fixation in a Tangible Medium
• The work must be fixed in a tangible medium of expression. This means that the work
must be written, recorded, or otherwise captured in a physical form.
• Example: A poem that is written down on paper, a song recorded onto a digital file, or
a painting on canvas are all examples of works that are fixed in tangible forms.
• Note: A work that is only in the creator’s mind and has not been documented in any
way (like an unwritten story) will not qualify for copyright protection. Similarly,
performances that aren’t recorded in any form (e.g., a live dance performance) won’t
be protected unless documented.
3. Creativity
• The work must reflect some level of creativity. It doesn’t need to be groundbreaking or
highly innovative, but it must show more than just a mechanical or trivial expression
of ideas.
• Example: A basic list of names or phone numbers wouldn’t qualify as creative enough
to be protected. However, a unique arrangement of those names in a story or a creative
design involving those names could be protected.
• The level of creativity required isn’t too high for most works, but it must reflect the
creator's effort and artistic or intellectual input.
4. Subject Matter
• The work must fall into one of the categories of work that are eligible for copyright
protection, as defined under Indian Copyright Law. These categories include:
o Literary Works: Books, poems, articles, software, etc.
o Dramatic Works: Plays, scripts, etc.
o Musical Works: Compositions, songs (with or without lyrics).
o Artistic Works: Paintings, drawings, sculptures, photographs, etc.
o Cinematographic Films: Movies, TV shows, videos, etc.
o Sound Recordings: Audio recordings of music, speech, etc.
o Choreographic Works: Dance and movement sequences (if fixed in some
form, such as a video).
o Architectural Works: Building designs and blueprints.
• Important: Not every work qualifies for copyright protection. For example, ideas,
concepts, methods, and processes are not protected by copyright.
5. Exclusion of Ideas, Facts, and Functional Aspects
• Copyright only protects the expression of ideas, not the ideas themselves, facts, or
functional aspects of works. While a writer can copyright the expression of a story (the
characters, plot, and writing style), they cannot copyright the idea of "a hero’s
journey" or "a romantic comedy."
• Example: A book about how to cook recipes can be copyrighted, but the specific ideas
of the recipes (the ingredients and techniques) cannot be. The book’s text (the way the
recipes are written) is protectable.
• Similarly, functional items such as machines or software processes are not protected
by copyright. These may be protected by patents or trademarks, but not copyright.
6. Not Contradicting Public Policy
• The work should not be harmful or against public policy. For instance, works that
promote hate speech, obscenity, or illegal activities may not be granted copyright
protection.
• Example: A work that promotes violence or encourages illegal acts may not qualify
for copyright, as it would be contrary to public interest.

Examples:
• A Novel: A novel written by an author is an original work, fixed in a tangible form
(written down), and qualifies for copyright protection.
• A Song: A new song written and recorded by a musician qualifies, as it’s original,
fixed in a medium, and creative.

7. What are the roles and functions of the copyright board and the copyright
Society in administering copyright laws and regulations?
The Copyright Board and Copyright Societies play crucial roles in the administration
and enforcement of copyright laws.
Each has its own specific set of functions designed to help manage and protect the
rights of creators, regulate the use of copyrighted works, and resolve disputes.
1. The Copyright Board
The Copyright Board is an adjudicatory body established under the Copyright Act of
1957 (and amended in 2012). It acts as a quasi-judicial body and is responsible for
resolving disputes related to copyright issues. The Board is an important part of the
administration of copyright law in India.
Roles and Functions of the Copyright Board:
1. Resolution of Copyright Disputes:
o The primary function of the Copyright Board is to resolve disputes related to
copyright ownership, infringement, and the assignment of rights. These disputes
could arise between authors, creators, producers, publishers, or others involved
in the use of copyrighted works.
o For example, if two parties claim ownership of a particular work or if there’s a
conflict regarding the use or exploitation of a work, the Copyright Board steps
in to resolve the issue.
2. Approval of Copyright Assignment and Licensing Agreements:
o The Copyright Board plays a significant role in approving certain types of
agreements related to copyright. For instance, when copyright ownership is
 transferred or licensed, the Board ensures that the terms of the agreement are
lawful and that both parties are in agreement.
o In cases of compulsory licensing (like for works that need to be made available
to the public in certain ways), the Board may also determine terms for such
licenses.
3. Adjudicating on Fair Use and Compulsory Licenses:
o In situations where an individual or organization requests a compulsory license
for using a copyrighted work, the Copyright Board evaluates whether the
request meets the necessary conditions.
o The Board also looks into fair use or fair dealing disputes, where one party
claims that their use of a copyrighted work is legitimate under the exception
clauses of the Copyright Act.
4. Hearing Appeals and Applications:
o The Copyright Board hears appeals against decisions made by the Registrar of
Copyrights, such as applications for registration or refusals to grant certain
rights. This ensures that there is a higher authority to address grievances and
disputes.
o It also hears applications related to the compulsory licensing of works, such as
music, films, or literary works.
5. Fixing Royalty Rates:
o The Copyright Board also plays a role in determining the appropriate royalty
rates when copyright owners and users of works (like broadcasters, publishers,
or record companies) cannot agree on terms.
o For example, in the case of music or broadcast rights, the Board may step in to
set royalty fees that are fair and equitable for both parties.
6. Regulation of Certain Copyright-related Practices:
o The Board also regulates and oversees the functioning of copyright societies
(which we will discuss below) and ensures they adhere to the law when it comes
to collecting royalties on behalf of copyright owners.

2. Copyright Societies
A Copyright Society is a collective management organization (CMO) that helps
copyright holders (authors, composers, etc.) protect and manage their rights. These
societies act on behalf of copyright owners, especially when it comes to licensing their
works, collecting royalties, and distributing them to the creators.
Roles and Functions of Copyright Societies:
1. Collecting Royalties:
o Copyright societies collect royalties on behalf of the creators for the use of their
works. These royalties come from various entities, such as broadcasting
stations, public performances, digital platforms, and other users of copyrighted
content.
 o For example, a music copyright society would collect fees from radio stations,
music streaming services, and public performances that use the songs in its
catalog.
2. Licensing Works:
o Copyright societies often handle the licensing of works on behalf of creators.
For example, when a movie producer or a music publisher needs to use a song,
the society grants licenses and ensures that copyright holders are paid for the
use of their works.
o These licenses could cover different uses, such as public performance,
mechanical reproduction (recording or reproducing), and broadcasting.
3. Royalty Distribution:
o Once royalties are collected, copyright societies are responsible for distributing
the payments to the rightful copyright owners. This is done according to the
society’s rules, ensuring that creators get a fair share of the royalties for the use
of their works.
o For example, in the case of a film, the royalty society representing the creators
of the music, the script, and other creative elements will ensure each contributor
is paid.
4. Monitoring Use and Preventing Infringement:
o Copyright societies monitor how works are being used by third parties (such as
broadcasters, digital platforms, or venues). They track the use of the works
under their control to ensure that no one is using them without proper
permission or without paying royalties.
o They also act as a point of contact for licensing negotiations and disputes
regarding usage rights.
5. Representing Authors’ Interests:
o Copyright societies act as the collective voice of authors and creators. They
represent their interests in discussions about copyright laws, regulations, and
policy changes.
o They advocate for stronger copyright protections and work to ensure that
copyright owners receive fair compensation for the use of their works.
6. Dispute Resolution:
o If there are disputes between copyright owners and users of works (for example,
a disagreement over the amount of royalties owed), copyright societies often act
as intermediaries to resolve these issues, either through negotiation or formal
legal processes.
7. Administering Public Performance Rights:
o For works like music and plays, copyright societies manage the public
performance rights. They issue licenses for public performances, such as
concerts, radio broadcasts, or use in commercial spaces (like restaurants or
gyms), and ensure the payment of royalties.
Notable Copyright Societies in India:
• Indian Performing Right Society (IPRS): Manages the rights of music composers,
lyricists, and music publishers.
• Phonographic Performance Limited (PPL): Manages the rights of record labels and
performers.
• Copyright Society of India (CSI): Works with authors, lyricists, and publishers to
manage their literary and artistic works.

Module-5

1. Using a flow chart, explain the process of GI registration

Filing Design Application: The process begins with the applicant submitting a
design application to the appropriate authority, like the Patent Office. This application
contains details about the design, the applicant, and the product it applies to.
Formality Check: The application undergoes a formality check to ensure it meets
all the administrative requirements, including proper documentation and fees. If there
are any deficiencies, the applicant may need to amend the application.
Substantive Examination: Once the formalities are cleared, the design undergoes
a substantive examination. This is a more in-depth review to assess whether the design
meets the criteria for registration, such as novelty and originality. This examination
typically occurs within six months of filing the application.
Acceptance?:
• Yes: If the design passes the substantive examination, it is accepted for registration.
• No: If the design does not meet the requirements, it is not accepted. The applicant may
have the opportunity to amend the design and re-submit it for examination.
 Acceptance for Registration: Once accepted, the design is approved for
registration, usually within six months from the date of the original application.
Publication in Official Journal: The accepted design is published in the official
journal, which serves as a public notice of the registration. This publication typically
happens within one month of acceptance.
Issue of Certificate: After publication, a certificate of registration is issued to the
applicant, formally confirming the registration of the industrial design.
Renewal: The initial registration for an industrial design is typically valid for 10
years. However, the registration can be renewed for an additional 5 years, extending
the protection period.
Cancellation/Opposition Proceedings: Even after registration, the design may be
subject to cancellation or opposition proceedings. This can occur if someone
challenges the validity of the registration or claims prior rights to the design.

2. Define Geographical Indications (GI) with an example. What are the rights
granted to GI holders?
Geographical Indication (GI) refers to a sign or label used on goods that have a
specific geographical origin and possess qualities, reputation, or characteristics
inherent to that location. The unique attributes of a product often result from the
geographical area’s natural resources, climate, culture, or traditional methods of
production.
In essence, a GI signifies that a product is made or produced in a specific region and
that the product’s quality or characteristics are closely linked to its geographical
origin.
Example of a Geographical Indication:
One of the most well-known examples of a Geographical Indication in India is
Darjeeling Tea.
• Darjeeling Tea is produced in the Darjeeling region of West Bengal, India.
• The specific climatic conditions, soil quality, and traditional tea processing methods in
this region give Darjeeling tea its distinctive flavor and aroma. Because of its unique
characteristics, Darjeeling Tea is granted GI protection to prevent unauthorized use of
the name for teas that do not come from the Darjeeling region.
Other examples of GI products in India include:
• Basmati Rice
• Kashmir Pashmina Shawls
• Mysore Silk
• Alphonso Mangoes

Rights Granted to GI Holders

The rights granted to holders of a Geographical Indication are primarily focused on
protecting the integrity and reputation of the product and ensuring that only producers
from the specific geographical region can use the GI. These rights are similar to those of
trademarks, but they are collectively held by the community or group of producers, not by
an individual.
Here are the key rights granted to GI holders:
1. Exclusive Use of the GI Mark
• GI holders are granted the exclusive right to use the GI tag on their goods. Only those
producers located in the designated geographical region and who comply with the
product specifications can use the GI name.
• Unauthorized use of the GI by non-authorized producers is prohibited.
2. Protection Against Misuse
• GI protection prevents others from misusing or counterfeiting the name or label of
the product. For example, only tea produced in the Darjeeling region can be sold as
Darjeeling Tea.
• Producers from other regions cannot use the term "Darjeeling" for their tea, even if it
is similar in taste, unless it is produced in the Darjeeling region.
3. Collective Ownership and Control
• A GI holder is typically a collective group, such as a cooperative or an association of
local producers. The group collectively manages and enforces the GI rights.
• The GI holder’s association ensures the product's quality and geographical
authenticity are maintained, and it ensures compliance with the production and
processing standards.
4. Quality Control and Standards
• GI holders have the right to enforce standards of quality associated with the product.
Only products that adhere to specific criteria related to quality, production methods,
and geographical origin are allowed to use the GI tag.
• For example, in the case of Mysore Silk, only silk produced in Mysore using
traditional weaving techniques can bear the Mysore Silk label.
5. Legal Protection and Enforcement
• GI holders have the right to file complaints and take legal action against infringers
who misuse the GI or produce counterfeit products. This helps in protecting the
product’s reputation and market value.
• They can seek an injunction and claim damages if another party uses the GI without
authorization.
6. Economic Benefits
• GI holders often enjoy premium pricing due to the unique reputation and quality of
their products. Consumers are willing to pay higher prices for products that have a
certified geographical origin because of their quality assurance and authenticity.
GI status helps in creating a niche market for products, particularly in both domestic and
international markets, where consumers recognize the quality associated with the
geographical origin.
7. International Protection
• Once a product is granted GI status in India, it can also be protected internationally
under international treaties like the TRIPS Agreement (Trade-Related Aspects of
Intellectual Property Rights), which protects GIs in all member countries.
• Additionally, India’s participation in the Lisbon Agreement and GI registration
systems in other countries helps in gaining recognition and protection for GIs abroad.

3. Explain Case study of Curcuma (Turmeric) Patent, Case study of Neem Patent.

Case Study of Turmeric (Curcuma) Patent

Background:

In 1995, the United States Patent and Trademark Office (USPTO) granted a patent to
the University of Mississippi Medical Center for the use of turmeric in wound healing.
The patent claimed novelty for the oral and topical applications of turmeric powder for
healing wounds, even though turmeric had been used in India for similar purposes for
centuries.

Challenge:

India's Council for Scientific and Industrial Research (CSIR) opposed the patent,
arguing that turmeric’s medicinal uses were part of India’s traditional knowledge.
CSIR provided evidence from Indian texts written in Sanskrit, Urdu, and Hindi, along
with oral traditions that extensively documented the use of turmeric for wound
healing.

Outcome:

The USPTO reviewed the evidence and concluded that the patent lacked novelty
because the claimed therapeutic properties of turmeric were already well-known in
India and widely used for similar purposes. The patent was revoked.

Significance:

• Highlighted the importance of traditional knowledge (TK) in intellectual property

rights.
• Set a precedent for protecting traditional knowledge from misappropriation.
• Led to the development of Traditional Knowledge Digital Libraries (TKDL) to
document such knowledge for preventing unjust patenting.

Case Study of Neem Patent

Background:

The patent application for Neem oil was filed with the European Patent Office (EPO) by
W.R. Grace and the U.S. Department of Agriculture. The patent described a method of
using Neem oil to control fungal infections on plants, which was presented as a novel
invention.

Challenge:

Indian organizations, particularly the Research Foundation for Science, Technology, and
Ecology (RFSTE), along with the International Federation of Organic Agriculture
Movements (IFOAM), opposed the patent. They argued that the antifungal properties of
Neem oil and its applications in agriculture had been well-documented in India for
centuries. They provided historical and cultural evidence, including traditional practices
and ancient Ayurvedic texts, to support their claim.

Outcome:

The EPO reviewed the objections and evidence, ultimately concluding that the patent was
invalid due to lack of novelty. The antifungal applications of Neem oil were already part
of traditional knowledge and did not qualify as an innovative invention. The patent was
revoked.

Significance:

• This case underscored the global issue of biopiracy, where traditional knowledge is
patented without proper acknowledgment or benefit-sharing with the original holders.
• Strengthened the call for reforms in patent laws to consider traditional knowledge as
valid prior art.
• Boosted initiatives for documenting traditional knowledge to protect it from
misappropriation.
4. Explain the process of industrial design registration.
Process of Industrial Design Registration
Industrial design registration is a process to protect the unique visual appearance of a
product, such as its shape, pattern, color, or ornamentation.
It grants the owner exclusive rights to the design, preventing others from copying or
imitating it.
Here's a step-by-step guide:

1. Understanding Eligibility
Before registration, ensure that the design meets the following criteria:
• Novelty and Originality: The design must be new and not previously disclosed
anywhere.
• Applicability to an Article: The design must be applied to an article, enhancing its
aesthetic appeal.
• Visibility: The design must be visible during the normal use of the article.
• Not Functional: The design should focus on appearance, not functionality.
• Non-Offensive: It should not contain obscene or scandalous content.
• Not a Prior Publication: The design must not have been published in any country
before the filing date.
2. Filing the Application
The applicant must submit the following documents:
• Application Form: Include details like the applicant’s name, address, and nationality.
• Representation of the Design: Drawings or images that clearly depict the design
from multiple views.
• Statement of Novelty: A written explanation of what is novel about the design.
• Class and Subclass: Classification based on the Locarno Classification system for
industrial designs.
• Fee Payment: Pay the prescribed application fee.

3. Examination
After filing, the design undergoes a formal and substantive examination:
• Formal Examination: Verifies compliance with formal requirements, such as proper
documentation and fee payment.
• Substantive Examination: Checks for originality, novelty, and whether the design
adheres to the criteria for registration.

4. Publication
If the design satisfies the examination requirements, it is accepted and published in the
official gazette. This publication allows the public to view the registered design and
enables others to raise objections.
 5. Opposition Period (Optional)
Post-publication, a specified time frame (typically 2-3 months) is provided for others
to object to the registration. Objections can be raised on grounds like lack of novelty
or prior publication.

6. Registration and Certification

If no objections are received or if objections are resolved in favor of the applicant, the
design is registered. A registration certificate is issued to the applicant, granting
exclusive rights to the design.

7. Duration and Renewal

• Initial Protection: The design is protected for a specific period (usually 10 years from
the filing date or priority date, as applicable).
• Renewal: The protection period can typically be extended for an additional 5 years by
paying a renewal fee.

8. Enforcement of Rights
Once registered, the owner can enforce their rights by:
• Preventing unauthorized use or reproduction of the design.
• Filing infringement lawsuits if necessary.

5. Explain the classification of Industrial Designs and design registration trends in

India
Classification of Industrial Designs
Industrial designs are classified based on the Locarno Classification, an international
system established by the Locarno Agreement.
This system categorizes designs into classes and subclasses according to the type of
product the design is applied to.

1. Overview of Locarno Classification

• Main Classes: There are 32 main classes representing broad categories of products,
such as furniture, clothing, tools, and machinery.
• Subclasses: Each main class has multiple subclasses for specific types of products.
For example:
o Class 2: Articles of clothing and haberdashery
o Class 6: Furnishing
o Class 11: Articles of adornment
• Purpose: The classification simplifies the process of searching for existing designs
and categorizing new ones for registration.
 2. Importance of Classification
• Global Standardization: Ensures uniformity in registering and searching for designs
internationally.
• Efficient Examination: Helps examiners quickly identify and assess prior designs in
the same category.
• Facilitates Enforcement: Aids in identifying the scope of design protection for
specific product categories.

Trends in Design Registration in India

India has seen significant growth in industrial design registration due to the increasing
emphasis on innovation, intellectual property awareness, and global competition. The
following trends highlight the key developments:

1. Growth in Design Applications

• Rising Applications: The number of design registrations in India has steadily
increased, particularly in sectors such as consumer goods, automotive, and electronics.
• MSMEs and Startups: Many Micro, Small, and Medium Enterprises (MSMEs) and
startups are leveraging design registrations to protect their innovative products and
gain a competitive edge.

2. Popular Sectors for Design Registration

• Automotive Industry: Designs related to vehicles, including their parts and
accessories, have seen consistent registration activity.
• Consumer Goods: Household items, packaging, and kitchenware are among the most
registered categories.
• Technology and Electronics: Designs for gadgets, appliances, and electronic devices
contribute significantly to the registration numbers.

3. Focus on Sustainability
• Designs emphasizing eco-friendly materials and sustainable practices are gaining
attention, reflecting the global push for sustainability in product design.

4. E-filing and Online Systems

• The Indian Patent Office has introduced online systems for filing and tracking design
applications, making the process more accessible and efficient.
• Simplified Procedures: Applicants can now upload design representations and
manage correspondence through the online portal.

5. Global Participation
• Indian designers and businesses are increasingly seeking protection for their designs
abroad, leveraging systems like the Hague Agreement.
• Conversely, international companies are also registering their designs in India,
reflecting India's growing market potential.

6. Government Initiatives
• Startup India and Make in India: These programs encourage innovation and
intellectual property creation, leading to increased design registrations.
• Fee Reductions for MSMEs and Startups: The Indian government offers reduced
filing fees for these entities, promoting broader participation in design protection.

7. Challenges
• Lack of Awareness: Many small businesses and independent designers remain
unaware of the benefits of design registration.
• Infringement Issues: Despite increasing registrations, enforcement of design rights
remains a challenge due to lengthy legal proceedings.

6. Explain the famous case law between Apple Inc Vs Samsung Electronics Co.
related with Industrial Design Rights.
Case Law: Apple Inc. vs. Samsung Electronics Co.
The legal battle between Apple Inc. and Samsung Electronics Co. over industrial design rights is one
of the most high-profile cases in the realm of intellectual property.
The dispute primarily centered on allegations of patent and design infringement by Samsung, which
Apple claimed copied key elements of the iPhone’s design.

Background of the Case

• Apple’s Allegations: Apple filed a lawsuit in 2011, claiming that Samsung had
infringed on its design and utility patents, including the industrial design rights related
to the iPhone. Apple alleged that Samsung copied the rounded rectangular shape, the
home button, and the icon grid layout of its devices.
• Samsung’s Defense: Samsung argued that many of the design elements were
functional or generic and, therefore, could not be exclusively owned by Apple.
Samsung also counter-sued Apple, alleging that Apple infringed on its patents.

Key Issues in the Case

1. Design Patent Infringement: Apple’s industrial design claims were based on the
following U.S. design patents:
o Rounded corners and edge-to-edge glass surface.
o Front surface of the phone, particularly the bezel design.
o Icon grid layout with rounded corners.
2. Utility Patent Infringement: These included patents related to gestures like pinch-to-
zoom and bounce-back effects on touchscreen devices.
 Timeline of Legal Proceedings
1. 2011: Apple filed the initial lawsuit in the U.S., seeking damages of $2.5 billion for
design and patent infringement.
2. 2012: A U.S. federal jury awarded Apple $1.05 billion in damages, ruling that
Samsung had willfully infringed on Apple’s design and utility patents.
3. 2015-2016: The U.S. Court of Appeals reduced the damages to $548 million, stating
that part of the original award was not justified.
4. 2017: The U.S. Supreme Court reviewed the case and ruled that damages for design
patent infringement should be based on the component of the product infringing the
design, not the entire product’s value. The case was sent back to a lower court to
recalculate damages.
5. 2018: A jury awarded Apple $539 million in damages. The case was finally settled
with Samsung agreeing to pay an undisclosed amount.

Impact of the Case

1. Global Implications:
The case prompted companies worldwide to pay greater attention to industrial design
rights and intellectual property protections. It also highlighted the importance of clear
documentation for design innovations.
2. Heightened Awareness:
Businesses began to prioritize design registrations as part of their intellectual property
strategies, given their potential to differentiate products in competitive markets.
3. Encouragement of Innovation:
The case reinforced the value of protecting design and utility patents, ensuring
companies invest in innovation while discouraging imitations.

7. How would you describe the overall ecosystem and significance of geographical
indications in India?
1. Overview of Geographical Indications (GI)
Geographical Indications (GI) in India: Ecosystem and Significance
A Geographical Indication (GI) is a type of intellectual property right that identifies
a product as originating from a specific region, where its quality, reputation, or
characteristics are attributable to its geographical origin.
Examples in India include Darjeeling Tea, Pashmina Shawls, Mysore Silk, and
Alphonso Mangoes.

2. The Ecosystem of GIs in India

The GI ecosystem in India comprises the following key components:
a. Legal Framework
• The Geographical Indications of Goods (Registration and Protection) Act, 1999
governs GI registration and protection in India.
• Administered by the Geographical Indications Registry based in Chennai.
 b. Stakeholders
1. Producers and Artisans: Key beneficiaries of GI protection, including weavers,
farmers, and craftsmen.
2. Government Bodies: Includes the Ministry of Commerce and Industry, the GI
Registry, and state-level organizations.
3. Promotion Agencies: Entities like the Export Promotion Councils and NGOs assist in
marketing and awareness.
4. Consumers: Drive demand for authentic, GI-certified products.
c. Process of GI Registration
1. Submission of an application by a group or organization representing producers.
2. Examination by the GI Registry.
3. Publication for public opposition.
4. Grant of registration, valid for 10 years, with the option to renew.
d. Certification and Logo
• GI-certified products are marked with an official logo, ensuring authenticity and
quality.

3. Significance of GIs in India

Geographical Indications play a crucial role in India's socio-economic, cultural, and
legal landscapes.
a. Economic Benefits
• Boosts Local Economies: Protects rural artisans and farmers by providing a premium
for their products.
• Increases Exports: Enhances India's trade by promoting unique and high-value goods
in international markets.
• Generates Employment: Sustains traditional livelihoods and creates job
opportunities in rural areas.
b. Cultural and Heritage Preservation
• Protects Traditional Knowledge: Safeguards indigenous techniques and
craftsmanship from being lost or misappropriated.
• Promotes Regional Identity: Strengthens the connection between cultural heritage
and regional pride.
c. Legal Protection
• Prevents Misuse: GI registration ensures that only authorized producers can use the
GI tag, preventing counterfeit products.
• Promotes Fair Trade Practices: Ensures that benefits reach the rightful producers.
d. Global Recognition
• Many Indian GIs are recognized globally, helping India build a strong reputation for
its diverse and high-quality products.
 4. Challenges in GI Ecosystem
1. Lack of Awareness: Many producers are unaware of GI benefits and processes.
2. Enforcement Issues: Counterfeit products often undermine the value of GI-certified
goods.
3. Marketing Challenges: Limited promotion of GI products in domestic and global
markets.
4. Fragmented Organization: Producers often lack organized associations to
collectively manage GIs.

5. Initiatives to Strengthen the GI Ecosystem

• Government Support:
o Financial assistance under schemes like Market Access Initiative (MAI).
o Establishing state-level GI cells to assist producers.
• Awareness Campaigns:
o Workshops and training programs to educate stakeholders about the GI
registration process and benefits.
• International Recognition:
o Efforts to register Indian GIs under the World Intellectual Property
Organization (WIPO) and in foreign markets.
• Digital Promotion:
o Leveraging e-commerce platforms to promote GI products globally.

6. Conclusion
The ecosystem of Geographical Indications in India is vital for protecting and
promoting the nation’s rich heritage, traditional skills, and unique regional products.
While challenges persist, the collective efforts of the government, producers, and
stakeholders continue to enhance the significance and impact of GIs on the Indian
economy and culture.

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