CBSE Textbook Solutions: Intellectual Property Law | Legal Studies for Class 12 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions

Q1. What is meant by Intellectual Property? Why does intellectual property need to be promoted and protected? 
Ans: Intellectual Property (IP) refers to the creations of the mind, including inventions, designs, artistic works, names, symbols, and images. It encompasses the rights that creators have over their intellectual creations.
Intellectual Property Rights (IPR)

• The term "Intellectual Property Rights" (IPR) refers to the legal rights granted to creators and owners of intellectual property. 
• These rights provide exclusive control over the use of their creations for a specified period, allowing creators to benefit from their work and encouraging further innovation.

Importance of Promoting and Protecting Intellectual Property
Promoting and protecting intellectual property is essential for several reasons:

• Encouragement of Innovation: IPR incentivizes creators by granting them exclusive rights, which motivates them to invest time and resources into developing new ideas and products.
• Economic Growth: By fostering competition and protecting the rights of creators, IPR contributes to economic development and growth.
• Social and Cultural Development: IPR supports the creation of diverse cultural expressions and advancements in science and technology, benefiting society as a whole.
• Protection Against Infringement: IPR helps prevent unauthorized use of creations, ensuring that creators can reap the rewards of their efforts.

Conclusion
In summary, intellectual property rights are crucial for safeguarding the interests of creators, promoting innovation, and fostering economic and cultural development. Protecting these rights is vital in today's globalized and competitive environment.

Q2. Discuss the concept of National Treatment and its evolution through the various international Conventions on Intellectual Property Rights. 
Ans: 
1. Concept of National Treatment
The principle of National Treatment mandates that a country must provide foreign nationals the same legal protection for their intellectual property (IP) as it grants to its own nationals. This principle is crucial in ensuring that creators and inventors from different countries are treated equally, thus promoting international cooperation and innovation.
2. Evolution through International Conventions
The Paris Convention (1883): The Paris Convention for the Protection of Industrial Property was one of the first international agreements to establish the principle of National Treatment. It requires member countries to provide the same protection for foreign inventions as they do for domestic inventions, thereby fostering a fair competitive environment.

• The Berne Convention (1886): The Berne Convention for the Protection of Literary and Artistic Works further solidified the concept of National Treatment in the realm of copyright. It ensures that works originating in one member country receive the same protection in other member countries, thus promoting the rights of authors and creators globally.
• The Universal Copyright Convention (1952): The UCC also adheres to the principle of National Treatment, emphasizing that while countries are not obligated to provide automatic protection for foreign works, they must treat foreign works in a manner equivalent to their own, provided that national requirements are met.
• World Intellectual Property Organization (WIPO): Established in 1967, WIPO plays a crucial role in the promotion of National Treatment through its various treaties and agreements. It aims to harmonize international IP laws and facilitate the protection of intellectual property across borders.

Conclusion
The evolution of the National Treatment principle through various international conventions has been pivotal in shaping the landscape of intellectual property rights. It has fostered an environment where creativity and innovation can thrive on a global scale, ensuring that creators are protected regardless of their nationality.

Q3.  Describe Copyright and the works protected under copyright act.
Ans: Copyright is a legal right granted to creators of original works, including literary, dramatic, musical, and artistic creations, as well as producers of cinematographic films and sound recordings. Governed by the Copyright Act of 1957 in India, copyright protects the expression of ideas rather than the ideas themselves. To qualify for copyright protection, a work must be original, fixed in a tangible medium, and fall within the defined categories of 'work' under the Act.

Protected Works

• Literary Works
• Dramatic Works
• Musical Works
• Artistic Works
• Cinematographic Films
• Sound Recordings

Copyright protection is automatic upon the creation of a work and does not require registration, although registration can serve as evidence in legal disputes. The duration of copyright generally lasts for 60 years after the author's death, ensuring that creators are compensated for their contributions while promoting creativity and innovation.

Q4. You are an author who has written a novel in Hindi. The novel has become immensely popular and now podcasters, serial producers and Youtubers are trying to adapt the story to be telecast on various forms of media. There are some authors who also want to translate your novel into English. Discuss how you will negotiate in this situation given that you have certain economic rights as a copyright owner.
Ans: As the author of a popular Hindi novel, I hold significant economic rights under copyright law, which I will leverage during negotiations with podcasters, serial producers, and YouTubers interested in adapting my work. Firstly, I will clearly outline my rights, including the right to adapt, translate, and distribute my novel. This ensures that any adaptation or translation respects my original work and intent.

• Licensing Agreements: I will negotiate licensing agreements that specify the terms of use, duration, and financial compensation for adaptations.
• Royalty Structure: Establishing a royalty structure will ensure I receive a fair share of profits generated from adaptations.
• Control Over Adaptations: I will retain the right to approve any adaptations to maintain the integrity of my story.
• Translation Rights: For authors seeking to translate my novel into English, I will negotiate separate agreements to ensure proper representation of my work.

By taking these steps, I can effectively protect my rights while also allowing for the creative expansion of my novel into various media formats.

Q5. There was a recent tiff between the States of Odisha and West Bengal over the origin of the ever-popular sweet dish- ‘Rasgulla’. Both states argued that the ‘Rasgulla’ had been invented in their respective states. However, the Registrar of the Chennai GI office gave the GI tag to the Banglar Rasogulla of West Bengal. This caused a rift between the states as both were competing to get the GI tag for rasgulla for their respective states. In light of the above case discuss: 
(a) What rights does a geographical Indication provide? How would Orissa be adversely affected by the order of the Chennai GI office? 
(b) For which types of products can GI tags be used?
Ans: Geographical Indication (GI) provides exclusive rights to producers in a specific region to use a particular name for products that possess qualities or a reputation linked to that geographical origin. In the case of 'Rasgulla', the GI tag awarded to West Bengal's Banglar Rasogulla adversely affects Odisha by undermining its claims to the dish's origin, potentially limiting its marketability and cultural recognition. This could lead to economic disadvantages for Odisha's producers who may lose brand identity and consumer trust.
Types of Products for GI Tags

• Food products (e.g., Darjeeling Tea, Malabar Robusta Coffee)
• Handicrafts (e.g., Phulkari Handicraft, Warli Painting)
• Textiles (e.g., Pochampally Ikkat)

GI tags can be utilized for a wide range of products that are closely tied to their geographical origins, ensuring that the unique characteristics and qualities of these products are preserved and recognized.

Q6. Valganciclovir hydrochloride is a medicine that is stable when stored as a solid-state under normal conditions. The applicant tried to make a liquid form of the medicine, but it was unstable for the required shelf life. Therefore, they focused on a powder form that could be mixed with water to make a liquid form. The powder form was very similar to the solid form and their patent claim was rejected. Discuss why the patent claim was rejected in view of the essential ingredients of a successful patent claim.
Ans: The rejection of the patent claim for Valganciclovir hydrochloride's powder form can be attributed to several key factors related to the essential ingredients of a successful patent claim:

• Novelty: The powder form was deemed too similar to the existing solid-state version, lacking unique elements that would qualify it as a novel invention.
• Non-obviousness: The transition from a solid to a powder form that can be mixed with water was considered an obvious modification, failing to demonstrate a significant advancement in the field.
• Industrial application: While the powder form may have utility, the lack of stability in the liquid form undermined its commercial viability, which is essential for patentability.

In summary, the patent claim was rejected because the proposed powder form did not introduce sufficient novelty or non-obviousness compared to the existing solid form, and its practical application was compromised by stability issues. These factors are critical in determining the success of a patent application.