Industrial Designs PDF

# Industrial Designs ## Chapter 9 The term "Design" encompasses the distinctive features related to the shape, arrangement, pattern, ornament, or composition of lines and colors applied to any object. These features can manifest in one, two, or three dimensions, or a combination thereof. Moreover,...

# Industrial Designs ## Chapter 9 The term "Design" encompasses the distinctive features related to the shape, arrangement, pattern, ornament, or composition of lines and colors applied to any object. These features can manifest in one, two, or three dimensions, or a combination thereof. Moreover, a Design can be created through various industrial processes or methods, whether manual, mechanical, or chemical, either separately or in combination. Ultimately, the aesthetic appeal of the finished article is the sole criterion, as judged by visual perception. However, it's important to note that "Design" doesn't encompass construction methods or principles, nor anything that predominantly constitutes a mechanical device. The primary objective behind registering industrial Designs is to safeguard and encourage the original creativity of the creator. This process aims to foster innovation and inspire others to contribute to the realm of artistic ingenuity. ## 9.1 Eligibility Criteria The Design under consideration for protection must be novel and unique. It should not have been previously disclosed to the public through prior publication, usage, or any other means. Furthermore, the Design should exhibit substantial distinctiveness from any pre-existing registered Designs that are already available in the public domain. ## 9.2 Acts and Laws to Govern Industrial Designs In India, the regulations concerning Industrial Designs are governed by the "The Designs Act" of 2000 and the "Design Rules" of 2001, which have been amended multiple times in 2008, 2013, 2014, and 2019. The key characteristics that an Industrial Design should possess are as follows: - It must exhibit novelty and originality. - It should be applicable to a functional article. - The Design should be visibly present on the finished article. - No prior publication or disclosure of the Design should have occurred. An assortment of notable Industrial Designs can be explored at [https://www.creativebloq.com/product-design/examples-industrialdesign-12121488]. Below are a few renowned Industrial Designs: - **Coca-Cola Bottle:** The distinctively contoured glass bottle of the Coca-Cola Company, created in 1915, is an enduring emblem of exceptional industrial design. - **Piaggio Vespa:** This Italian company is renowned for its Vespa scooters, which have been globally popular since the 1940s. The design integrates a pleasing structure, with a painted steel body concealing the engine, a spacious flat floorboard for the driver's feet, and well-designed handlebars providing both grip and wind protection. - **iPhone:** The iconic mobile phone from Apple Inc. is admired for its sleek rectangular form, smooth rounded corners, and user-friendly features. - **Mini Cooper:** A compact car manufactured by the British Motor Corporation, Mini Cooper's unique design maximizes passenger seating and luggage storage while maintaining a small car size. - **Rocking Wheel Chair:** This circular-shaped chair offers a comfortable and smooth rocking motion, featuring a built-in headlight in its upper part. - **Juicy Salif:** An iconic citrus juice squeezer, the alumina-based body of Juicy Salif is designed in the shape of a squid, making it an emblematic piece of structural design. ## 9.3 Design Rights The registration of a Design also grants the proprietor an exclusive right, allowing them to lawfully prevent others from reproducing, producing, selling, or engaging with the registered Design without obtaining prior consent. This registration proves especially advantageous for entities that place aesthetic significance on the shape of their products. Such entities seek exclusivity over the unique and original Design that adorns their product(s) or article(s). ## 9.4 Enforcement of Design Rights After acquiring rights to a specific Design, the applicant possesses the authority to initiate legal proceedings against any individual or entity using pirated products featuring their registered Design. In such cases, they can file an infringement lawsuit in a court (not lower than the District Court) to halt such unauthorized use and seek compensation for any damages to which the registered proprietor is entitled. The court's initial task is to verify whether the Design of the implicated product is duly registered under the Designs Act, 2000. If the Design is not registered as per the Act, legal action cannot be pursued against the infringing party. However, if the infringer is proven guilty of piracy or infringement, the court can order them to pay damages (*50,000/-*) for the infringement of a single registered Design ## 9.5 Non-Protectable Industrial Designs India Industrial Designs conflicting with public moral values - Industrial Designs incorporating flags, emblems, or symbols of any nation. - Industrial Designs associated with integrated circuits. - Designs revealing the process of creating an article. - Industrial Designs for items like books, calendars, certificates, forms, and other documents, dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, and medals. - Artistic works as defined under Section 2(c) of the Copyright Act, 1957, including paintings, sculptures, drawings (including diagrams, maps, charts, or plans), photographs, architectural works, and other forms of artistic craftsmanship. - Industrial Designs do not encompass any trademarks (The Designs Act, 2000). ## 9.6 Protection Term The external "Shape or Design" of a product enhances its attractiveness and serves as a value-enhancing element for the product. Hence, safeguarding one's creation from unauthorized use by third parties is essential. Registered Designs in India are safeguarded for a span of 10 years and can be extended by an additional 5 years through a renewal application. ## 9.7 Procedure for Registration of Industrial Designs ### 9.7.1 Prior Art Search Conducting a "Prior Art Search" is a wise step before submitting an application for the registration of Industrial Designs to ensure that the proposed design is not already registered or similar to existing designs. This search can be conducted using various search engines, including: - Design Search Utility by CGPDTM ([https://ipindiaservices.gov.in/designsearch/](https://ipindiaservices.gov.in/designsearch/)) - Global Design Database by WIPO ([https://www3.wipo.int/designdb/en/index.jsp](https://www3.wipo.int/designdb/en/index.jsp)) - Hague Express Database by WIPO ([https://www3.wipo.int/designdb/hague/en/#](https://www3.wipo.int/designdb/hague/en/#)) - Design View by EUIPO ([https://www.tmdn.org/tmdsview-web/welcome#/dsview](https://www.tmdn.org/tmdsview-web/welcome#/dsview)) ### 9.7.2 Application for Registration Application for Design Registration - Once the applicant is content that their Design is both novel and distinct from other Designs, they can proceed to initiate the process of filing a Design registration application. The application for Design registration is open to individuals, small entities, institutions, organizations, and industries. The filing of this application can be facilitated through a professional patent agent or legal practitioner. For applicants residing outside of India, it is mandatory to engage an agent residing in India for this purpose. The applicant submits the registration application to the Deputy Controller of Patents & Designs at the Design Office, located at the Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata- 700091. Once the application is submitted, an examiner assesses the application to determine its conformity with the minimum eligibility criteria for registration. In the event of any queries or concerns, the applicant is notified, and they are required to respond within 6 months from the date of objection. Upon resolution of the objections, the application is deemed suitable for registration. The application's details, along with a depiction of the designed article, are subsequently published in the Official Journal of the Patent Office ([http://www.ipindia.nic.in/journal-patents.htm](http://www.ipindia.nic.in/journal-patents.htm)). Should no objections arise from the public, the Design is officially registered. With the Design now registered, the applicant assumes the role of the Design's proprietor and is endowed with the exclusive privilege of applying that Design to articles falling within the class for which it was registered. Subsequently, the applicant requests the issuance of a registration certificate for the Industrial Design. The entire process of registration is visualized through the following flowchart: ## 9.10 Duration of the Registration of a Design Initially, the validity of Design registration spans ten years from the moment of registration itself. However, if a priority date has been asserted, the registration's duration commences from that priority date. Subsequently, the registration period can be extended by an additional five years. To facilitate this extension, an application in the form of Form-3, along with the requisite fees, must be submitted to the Controller General before the initial ten-year period concludes. ## 9.11 Importance of Design Registration The registration of a Design guarantees the applicant's exclusive rights over the Design. This empowers the owner to thwart piracy and counterfeiting of products featuring the registered Design. Consequently, the owner can enhance product sales and cultivate a positive reputation within the market. ## 9.12 Cancellation of the Registered Design The registration of a Design may be cancelled at any time. The petition has to be filed in Form-8 with prescribed fee to the Controller of Designs. The application can be made on the following grounds: - Design has already been registered. - Design has been published in India or elsewhere before the date of registration. - Design is not novel and original. - It is not a Design under Clause (d) of Section 2. ## 9.13 Application Forms A comprehensive set of 24 forms is associated with Industrial Designs. Here is an outline of significant forms: | S. No | Name of the Form | Form No. | Natural Person | Small Entity | Large Entity | |------|--------------------------------------------|-----------|--------------|-------------|--------------| | 1 | Application for registration of Design. | Form-1 | 1,000 | 2,000 | 4,000 | | 2 | Application for the | Form-4 | 1,000 | 2,000 | 4,000 | | | Restoration of Design. | | | | | | 3 | Application for renewal of Design. | Form-3 | 2,000 | 4,000 | 8,000 | | 4 | Petition for cancellation for registration of a Design. | Form-8 | 1,500 | 3,000 | 6,000 | | 5 | Notice of intended exhibition or publication of | Form-9 | 500 | 1,000 | 2,000 | | | unregistered Design. | | | | | | 6 | Application for entry of name of proprietor or part | Form-11 | 500 | 1,000 | 2,000 | | | proprietor in the Register. | | | | | | 7 | Request for correction of clerical error. | Form-14 | 500 | 1,000 | 2,000 | | 8 | Request for certified copy. | Form-15 | 500 | 1,000 | 2,000 | | 9 | Application for rectification of Register. | Form-17 | 500 | 1,000 | 2,000 | | 10 | Notice of opposition. | Form-19 | 100 | 200 | 400 | ## 9.14 Classification of Industrial Designs Designs are categorized into distinct classes based on the Locarno Agreement of 1968 ([https://www.wipo.int/classifications/locarno/locpub/en/fr/](https://www.wipo.int/classifications/locarno/locpub/en/fr/)). This classification system is employed to organize goods for the registration of Industrial Designs and for conducting Design searches. Signatory nations are required to indicate these classes in official documents. The classification comprises a comprehensive list of classes and subclasses, each accompanied by a roster of goods encompassing Industrial Designs. With 32 classes and 237 subclasses available for search in both English and French languages. For instance, Class 1 encompasses food products for humans, animal feed, and dietary foods. However, packaging falls under Class 9 (Bottles, Flasks, Pots, Carboys, Demijohns, and Pressurized Containers). Meanwhile, Class 32 caters to the Design of graphic symbols, logos, surface patterns, and ornamentation. ## 9.15 Designs Registration Trend in India Figure 2.11 illustrates the statistical trends of Industrial Designs over the period from 2010 to 2020. Within this timeframe, there was a notable growth in the parameters of Designs filed, examined, and registered, with percentage increases of 88%, 117%, and 33% respectively. Across all three parameters, the graph showcases a relatively consistent pattern, culminating in the highest figures recorded in the fiscal year 2019-20 for Designs filed (12,268), examined (13,644), and registered (14,272). ## 9.16 International Treaties Two significant international treaties established by WIPO govern various facets of Industrial Designs: - **The Hague Agreement for international registration (1925)** ([https://www.wipo.int/treaties/en/registration/hague/](https://www.wipo.int/treaties/en/registration/hague/)) - **The Locarno Agreement (1968) for international classification** ([https://www.wipo.int/treaties/en/classification/locarno/](https://www.wipo.int/treaties/en/classification/locarno/)) ## 9.17 Famous Case Law: Apple Inc. vs. Samsung Electronics Co. In 2011, Apple Inc. initiated legal action against Samsung Electronics Co. by filing a lawsuit in the United States District Court for the Northern District of California. The lawsuit alleged that Samsung had infringed upon Apple's Designs and Utility Patents related to user interface elements such as the screen app grid and tap-to-zoom functionality. As part of their evidence, Apple Inc. presented a comparison of side-by-side images depicting the iPhone 3GS and the i9000 Galaxy S, aiming to illustrate the perceived similarities between the two models. However, it later came to light that the images provided by Apple had been altered to align with the dimensions and features of the contentious Designs. This revelation led Samsung Electronics' legal representatives to accuse Apple of presenting false and deceptive evidence to the court. In response, Samsung countersued Apple in various international jurisdictions, including Seoul, South Korea; Tokyo, Japan; Mannheim, Germany; the United States District Court for the District of Delaware; and the United States International Trade Commission (ITC) in Washington, D.C. The legal proceedings spanned a period of seven years, involving multiple courts across different countries. In June 2018, after protracted litigation, both companies reached a settlement. As part of the settlement, Samsung was ordered to pay Apple Inc. a sum of $539 million as compensation for the patent infringement claims. # Geographical Indications ## Chapter 10 In various nations, specific regions are renowned for their rich traditional knowledge and heritage across sectors like agriculture, food products, textiles, and more. These areas have historically attracted people from distant locations who sought to acquire these distinct products. For instance, Christopher Columbus journeyed from Spain to obtain renowned spices from India. British traders ventured to Arabian countries to acquire Arabian horses for breeding faster horses, aiming for commercial advantages. In a similar vein, China silk and Dhaka Muslin have held substantial appeal throughout history. The esteemed reputation of these products was established and diligently preserved by local experts and masters, who passed down their expertise to succeeding generations. Over time, a significant connection between the produced goods and their geographical origins emerged, giving rise to the concept of Geographical Indications (GI). A Geographical Indication is characterized as a mark that can be applied to products originating from a specific geographic region, possessing distinctive qualities or a reputation closely associated with that locale. In the context of GI, a profound bond exists between the product and its original place of production ## 10.1 Acts, Laws and Rules Pertaining to GI In India, the concept of Geographical Indications (GI) was introduced in 2003 and is regulated by the "Geographical Indications of Goods (Registration & Protection) Act, 1999" along with the Geographical Indications of Goods (Registration & Protection) Rules, 2002. ## 10.2 Ownership of GI The ownership or holders of registered Geographical Indications (GI) can include producers, either as individuals or as part of a group, association, cooperative society, or, in specific instances, the government. ## 10.3 Rights Granted to the Holders Rights of the GI holder include the ability to grant licenses, sell, transfer, mortgage, or engage in other arrangements related to their product. Any license or assignment must be documented in writing and registered with the GI Registrar to be considered valid and lawful. Additionally, the GI holder possesses the right to take legal action against unauthorized use of the product and can provide exclusive authorization to users for the use of goods associated with the registered GI. Moreover, both registered proprietors and authorized users have the right to seek remedies in case of infringement of the GI-protected products. ## 10.4 Registered GI in India Geographical Indication (GI) products registered in India encompass various domains such as handicrafts, agriculture, foodstuffs, alcoholic beverages, and more. The first GI tag was bestowed upon Darjeeling Tea in 2004, while the most recent additions include Kashmir Saffron and Manipur Black Rice (Chakhao) in May 2020. As of May 2020, a total of 370 GIs have been registered in India. Among these, handicrafts account for approximately 58%, followed by agriculture at 30%. The remaining categories comprise foodstuffs, manufacturing, and natural goods. [http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/GI_Application_Register_10-09-2019.pdf](http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/GI_Application_Register_10-09-2019.pdf) Regarding the handicrafts category, Tamil Nadu leads with the highest number of GIs (21), followed by Uttar Pradesh (20) and Karnataka (19). Notably, Table 10.4 presents a selection of noteworthy GIs. | GI | Type | State | |----------------|-------------|-----------------| | Darjeeling Tea | Agriculture | West Bengal | | Mysore Silk | Handicraft | Karnataka | | Kashmir Pashmina | Handicraft | Jammu & Kashmir | | Banaras Brocades and Sarees | Handicraft | Uttar Pradesh | | Naga Mircha | Agriculture | Nagaland | | Tirupathi Laddu | Foodstuff | Andhra Pradesh | | Phulkari | Handicraft | Punjab, Haryana, Rajasthan | | Basmati | Agriculture | India | Countries from around the world, including Thailand, France, Portugal, Italy, Mexico, Peru, and the United Kingdom, have sought Geographical Indication (GI) protection in India. Examples of this international filing include France's Champagne (wine) and the United Kingdom's Scotch Whisky ## 10.5 Identification of Registered GI Products with registered Geographical Indications (GI) are adorned with a tag that authenticates their production according to established standards and their specific origin. This tag serves as proof of the product's authenticity and the location where it was made. Non-registered products cannot utilize or feature this tag. GI tags generally symbolize the product's origin as well as its cultural and historical significance. Notable examples include Darjeeling Tea, Mysore Silk, and Tirupathi Laddu. In India, the issuance of GI tags falls under the jurisdiction of the Geographical Indication Registry, which operates under the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry. The registry's headquarters are situated at the Geographical Indications Registry Intellectual Property Office Building in Guindy, Chennai. While products with GI registration can adhere to the standards set by the GI Registry and be produced anywhere in the world, they cannot bear the GI label unless they are manufactured or grown in the specific geographical area officially recognized by the GI Office. For instance, although Darjeeling Tea plants can be cultivated throughout India, the tea leaves cannot be marketed as "Darjeeling Tea" unless they are cultivated in the specific soil and climate conditions of the Darjeeling region. ## 10.6 Classes of GI There are 34 distinct categories for Geographically Indicated (GI) certified products. For example, Class 1 covers chemicals used in various fields like industry, science, photography, agriculture, horticulture, and forestry. This includes items like raw artificial resins, untreated plastics, fertilizers, fire extinguishing compositions, tempering and soldering preparations, chemical substances for food preservation, tanning materials, and industrial adhesives. Class 33 is focused on alcoholic beverages (except for beers), while Class 34 is related to tobacco, smoking-related items, and matches. For more comprehensive information, you can refer to the official CGPDTM Office website ([http://www.ipindia.nic.in/writereaddata/images/pdf/classification-of-goods.pdf](http://www.ipindia.nic.in/writereaddata/images/pdf/classification-of-goods.pdf)). ## 10.7 Non-Registerable GI To be eligible for Geographical Indication (GI) registration, the indications must align with the criteria outlined in Section 2(1)(e) of the GI Act, 1999. Additionally, the provisions of Section 9 must also be met, which disallow the registration of a GI under the following circumstances: - If its use could potentially mislead or create confusion. - If its use contradicts any existing law. - If it includes scandalous or obscene content. - If it includes material likely to offend societal sensibilities. - If it infringes upon the religious sensitivities of any group within India's population. - If it's determined to be a generic term or indication for goods, and thus not protected or has lost protection in its country of origin or has fallen into disuse there. ## 10.8 Protection of GI The enforcement of intellectual property (IP) rights for Geographical Indications (GI) is carried out by the respective legal courts of the relevant country. GI registration offers several advantages. It aids in identifying counterfeit or non-genuine products, enhances the commercial worth of the product, and reinforces legal claims if brought before the judiciary. There are two common methods for safeguarding a GI: the use of sui generis systems (special protection regimes) and employing certification or collective mark systems. Numerous countries, including India, choose to protect GIs through the sui generis system. This decision was made post the TRIPS agreement in 1995, providing countries with the option to adopt either TRIPS standards or the sui generis system. This choice was made recognizing the diversity in legislation, geographical configurations, and resources among different countries. As a result, the sui generis system is not standardized globally but rather varies based on specific jurisdictions and local regulations. ## 10.9 Collective or Certification Marks Certification marks serve the purpose of certifying that products meet specific quality criteria, regardless of their origin. These criteria encompass permitted materials and manufacturing processes. As a result, certification marks are employed to differentiate certified products from those that are not certified. On the other hand, collective marks are owned by associations that guarantee adherence to established standards. Collective marks indicate that a product or service originates from a member of a specific association. Enterprises collaborating under a collective mark have committed to meeting predefined quality standards for products or services that share common attributes. ## 10.10 Enforcement of GI Rights The enforcement of GI protection rights generally falls under the jurisdiction of the legal court system. The consequences imposed could encompass civil remedies such as injunctions to prevent unlawful activities, actions for financial damages, and more. Additionally, the enforcement mechanisms can involve criminal sanctions and administrative measures. ## 10.11 Procedure for GI Registration Before submitting an application to register a Geographical Indication (GI), it's advisable to conduct a search to determine if the concerned Gl is already protected. This search can be performed using search engines provided by WIPO, such as the "Search of Appellations of Origin and Geographical Indications" tool ([https://www.wipo.int/ipdl/en/search/lisbon/search-struct.jsp](https://www.wipo.int/ipdl/en/search/lisbon/search-struct.jsp)). Additionally, WIPO has compiled a directory of IP offices in its member countries. By accessing the website of the respective country from this directory), you can search for registered GIs. In India, a list of registered GIs can be found on the official website of CGPDTM ([http://www.ipindia.nic.in/writereaddata/Portal/News/367_1_Registered_GI.pdf](http://www.ipindia.nic.in/writereaddata/Portal/News/367_1_Registered_GI.pdf)). Once the prior search for registered Gls is complete, the applicant can proceed to file an application. The application for GI can be submitted by an individual, organization, or authority established under Indian law. The application should adhere to the prescribed format and be submitted to the Registrar of Geographical Indications along with the requisite fee ([http://www.ipindia.nic.in/writereaddata/Portal/IPORule/1_27_1_gi-rules.pdf](http://www.ipindia.nic.in/writereaddata/Portal/IPORule/1_27_1_gi-rules.pdf)). The application must outline the interest of the producers of the relevant product. It should also be signed by the applicant or their agent and include details about how the GI's standards will be maintained. Additionally, submitting three certified copies of the region's map where the GI originates is mandatory. Upon filing the application with the GI Registry, an Examiner will review it for any deficiencies or similarities. If discrepancies are found, the applicant will be notified and required to respond within one month. After the Examiner is content with the response, an examination report is prepared and presented to the Registrar. The application undergoes further scrutiny, and if necessary, the applicant must address any doubts or objections within two months of communication, or the application may be rejected. ## 10.12 Documents Required for GI Registration - Details about the applicant 's name, address and particulars. - Application form GI-1A. - Statement about the designated goods being protected under GI. - Class of goods. - Affidavit to establish the claim of genuinely representing the interest of the producers. - Characteristics of GI. - The special human skill required (if any). ## 10.13 GI Ecosystem in India India is among the geographically and traditionally rich countries. The scope of generating GI products in India is enormous. These products can contribute to the economic development of a particular region or society. However, till June 2021, a total of 370 GI have been registered in India, which is much below its potential ([https://ipindia.gov.in/writereaddata/Portal/Images/pdf/GI_Applicati](https://ipindia.gov.in/writereaddata/Portal/Images/pdf/GI_Applicati)). Figure 2.13 represents the statistics for GI (filed, and registered) for the period 2010-20. Maximum number (148) of GI were filed in 2011-12 whereas, minimum number (17) was observed in 2015-16. Not much change in the 98 number of GI registrations was observed during the period 2010-20. Each year the number hovered around in the twenties, with maximum registrations (34) seen in 2016-17. # Case Studies On Patents ## Chapter 11 This chapter includes detailed the process through which one party sues another for making allegedly unlawful claims upon their patented inventions, without the patent holder's permission. ## 11.1 Case Study Of Curcuma(Turmeric)patent Turmeric, a tropical herb cultivated in the eastern regions of India, finds versatile applications within the country. Among its various uses, turmeric powder is extensively employed in India for medicinal, culinary, and dyeing purposes. It serves as a blood purifier, aids in treating common colds, and exhibits anti-parasitic properties for managing several skin infections. Additionally, it plays an indispensable role as a key ingredient in numerous Indian dishes. In 1995, the University of Mississippi medical center was granted a patent by the United States for the wound healing properties of turmeric. The patent encompassed the utilization of "turmeric powder and its administration," encompassing both oral and topical applications, for the purpose of wound healing. This exclusive right granted the authority to sell and distribute products based on this patent. However, this patent was met with opposition from the Indian Council for Scientific and Industrial Research (CSIR), which contested the patent and presented well-documented evidence of prior usage of turmeric for similar purposes. Although turmeric's healing properties were widely known and practiced in Indian households for generations, unearthing published information specifically detailing the use of turmeric powder for wound healing through both oral and topical methods proved to be a challenging endeavor. After extensive research, a total of 32 references were located in various languages, including Sanskrit, Urdu, and Hindi, establishing the historical use of turmeric for wound healing. Consequently, the patent was revoked by the United States Patent and Trademark Office (USPTO). The USPTO reasoned that the claims made in the patent were obvious and anticipated, acknowledging that the utilization of turmeric for wound healing was an ancient practice. This ruling not only protected the traditional knowledge (TK) inherent to India but also affirmed that the healing attributes of turmeric were firmly rooted in historical wisdom. ## 11.2 Case Study of Neem Patent The initial application for a patent concerning Neem was submitted by W.R. Grace and the Department of Agriculture of the USA to the European Patent Office. This patent pertained to a technique for managing fungal issues on plants, involving the application of a formulation containing Neem oil to the fungi. India responded by raising legal objections against the patent's approval. The initial application for a patent concerning Neem was submitted by W.R. Grace and the Department of Agriculture of the USA to the European Patent Office. This patent pertained to a technique for managing fungal issues on plants, involving the application of a formulation containing Neem oil to the fungi. India responded by raising legal objections against the patent's approval. The opposition to the patent's issuance was lodged by the Research Foundation for Science, Technology, and Ecology (RFSTE), based in New Delhi. This effort was undertaken in collaboration with the International Federation of Organic Agriculture Movements (IFOAM) and Magda Aelvoet, a former green Member of the European Parliament (MEP). The Neem tree, deeply ingrained in India's heritage, boasts an array of powerful compounds, prominently including azadirachtin found in its seeds. This tree finds extensive application, serving as an astringent across various domains. Its bark, leaves, flowers, and seeds are harnessed for treating an array of conditions, ranging from leprosy to diabetes, skin ailments, and ulcers. For generations, Neem twigs have been utilized as antiseptic toothbrushes. Opponents of the patent provided historical evidence from ancient Indian Ayurvedic texts that outlined the use of hydrophobic extracts from Neem seeds for centuries. These extracts were documented as effective in treating dermatological conditions in humans and in safeguarding agricultural plants against fungal infections. Upon review, the European Patent Office (EPO) recognized deficiencies in terms of novelty, inventive progression, and potential prior art in relation to the patent. Consequently, the patent was invalidated. In addition to this, multiple recent US patents have been issued for Neem-based emulsions and solutions. ## 11.3 Case Study of Basmati Patent The United States Patent Office granted a patent to 'RiceTec' for a specific strain of Basmati rice, an aromatic rice variety cultivated in India and Pakistan for many centuries. Rice holds the position of a primary dietary staple across a significant portion of Asia, particularly in countries like India and Pakistan. Over the course of history, farmers in this region painstakingly developed, nurtured, and preserved a diverse array of more than a hundred thousand distinct rice varieties, tailored to various preferences and requirements. In their patent application submitted in 1997, Ricetec openly acknowledged that high-quality Basmati rice traditionally originates from northern India and Pakistan. The application even acknowledged that in some regions, the term "Basmati" exclusively pertains to rice grown in these two countries. Despite this acknowledgment, the company proceeded to assert that they had invented unique "novel" Basmati lines and grains that facilitated the production of superior, higher-yielding Basmati rice on a global scale. In response, the Indian Government contested only three out of the twenty claims presented in RiceTec Inc.'s original patent application. The focus of the challenge was exclusively on claims related to specific characteristics of Basmati rice, notably starch index, aroma, and grain dimensions. It's important to note that the World Trade Organization (WTO) Agreement doesn't mandate countries to grant patent protection to plant varieties. Rather, it requires countries to establish legislative measures for the protection of plant varieties in some manner, not necessarily through patents. However, the United States, being a strong advocate of patent protection for plant varieties, allowed for the patent application to proceed. RiceTec's patent encompassed the protection of three strains developed by the company, enabling them to label their strain as "Superior Basmati Rice." In this Basmati case, RiceTec achieved this patent by introducing crossbreeding with Western strains of rice, subsequently asserting this altered strain as their inventive creation. This case exemplifies the challenges highlighted in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement concerning the patenting of biotechnological processes. # REFERENCE ## 1. Booth, W., Colomb, G., & Williams, J. (2008). *The craft of research*. Chicago: University of Chicago Press ## 2. Deb, D., Tao, G., Burkholder, J., & Smith, D. (2008). Adaptive synthetic jet actuator compensation for a nonlinear aircraft model at low angles of attack. *IEEE Transactions on Control Systems Technology*, *16*(5), 983-995.. ## 3. Hill, F., & Collins, L. (2000). A descriptive and analytical model of organisational transformation. *International Journal of Quality & Reliability Management*, *17*(9), 966-983. ## 4. Kandhway, K. (2015). Finding a research problem: Tips for new Ph.D. students. *IEEE Potentials*, *34*(3), 25-29. ## 5. Poyla, G. (1957). *How to solve it*. Garden City, NY: Doubleday. ## 6. Lee, C. (2016). An appropriate prompts system based on the Polya method for mathematical problem-solving. *EURASIA Journal of Mathematics, Science and Technology Education*, *13*(3), 893–910. ## 7. Brijlall, D. (2015). Exploring the stages of Polya's problem-solving model during collaborative learning: A case of fractions. *International Journal of Educational Sciences*, *11*(3), 291-299. ## 8. Shaw, J. (1995). *System*, *23*(3), 325-334. ## 9. Webster, J., & Watson, R. T. (2002). *MIS Quarterly*, *26*(2), 13–23. ## 10. Pautasso, M. (2013). Ten simple rules for writing a literature review. *Plos Computational Biology*, *9*(7), e1003149. ## 11. Maier, H. (2013). What constitutes a good literature review and why does its quality matter? *Environmental Modelling & Software*, *43*, 3-4. ## 12. Galvan, J. (2006). *Writing literature reviews* (3rd ed.). Glendale, CA: Pyrczak Publishing. ## 13. Gasparyan, A. (2013). Bibliographic databases: Some critical points. *Journal of Korean Medical Science*, *28*(6), 799. ## 14. Subramanyam, R. (2013). Art of reading a journal article: Methodically and effectively. *Journal of Oral and Maxillofacial