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1. There are basically three Theories of IPR.

First , the Moral Desert Theory which According to John Locke, every man has a property in his
own person’ and in this scheme intellectual property would seem to follow naturally since the
individual must surely be permitted the fruits of his mental and physical labour.
Secondly, Personality Theory which According to Kant and Hegel is if ones artistic expressions
are synonymous with ones personality, then they are deserving of protection just as much as
the physical person is deserving of protection.
Lastly the Utilitarian Theory which is Advocated by economists such as Bentham and Mill,
wherein the objective of any policy should be the attainment of the greatest good for the
greatest number. The utility gains must be weighed against the losses incurred from
monopolization and their diminished diffusion.

2.Intellectual Property (IP) pertains to any original creation of the human intellect such as
artistic, literary, technical or scientific creation.Intellectual property is divided into two
categories:1.Intellectual Property is about copyright and covers literary works ,films, music,
artistic works and architectural design.
Industrial Property includes patents for inventions, trademarks, industrial designs and
geographical indications.
Patents: A patent is awarded for an invention, which satisfies the criteria of global novelty, non-
obviousness and industrial application.
Trademarks: A trademark is any word, name, symbol, or device or any combination thereof used
by persons to distinguish their goods and services, including a unique product, from those
manufactured or sold by others and to indicate the source of goods / services.

Industrial design : it is connected with the protection of external shape, appearance and
configuration of an article.
Geographical indication is a name granted by the State to a product, natural or man made,
identifiable with a specific geographical location for the uniqueness of the product.

3. A registered trademark is infringed when a person, not being a registered proprietor or


permitted user, uses in the course of trade, a mark, which is identical with or deceptively similar
to the registered trademark, in relation to goods or services in respect of which the trademark is
registered.43 Section 29 gives instances of what shall constitute infringement. In cases of
infringement, the plaintiff does not have to prove that he is the user. Mere registration on his
part is enough to give him the right to sue unlike in cases of passing off wherein the plaintiff has
to prove that he is user of the mark, which has become distinctive of his product.

Passing of is a common law tort used to enforce unregistered trademark rights. Passing off
essentially occurs where the reputation in the trademark of party A is misappropriated by party
B, such that party B misrepresents as being the owner of the trademark or having some
affiliation/nexus with party A, thereby damaging the goodwill of party A. For an action of
passing off, registration of a trademark is irrelevant.

4. A geographical indication (GI) is a sign used on products that have a specific geographical
origin and possess qualities or a reputation that are due to that origin. In order to function as a
GI, a sign must identify a product as originating in a given place. In addition, the qualities,
characteristics or reputation of the product should be essentially due to the place of origin.
Since the qualities depend on the geographical place of production, there is a clear link between
the product and its original place of production.

Indications of source simply denote the geographical places of origin of products—for example,
“made in Jamaica.” There need not be any definable characteristic of the product that derives
from its place of origin.

Appellations of origin are the actual names of the geographical places of origin of products—
for example, “Napa Valley” for wine from that region of California—but they go further than
indications of source in that they denote a genuine qualitative link between the products and
the places of origin.

5. The term "well-known trade mark" has been defined in the Trade Marks Act, 1999 and refers
to a mark which has become so to the substantial segment of the public which uses such goods
or receives such services that the use of such mark in relation to other goods or services would
be likely to be taken as indicating a connection in the course of trade or rendering of services
between those goods or services and a person using the mark in relation to the first mentioned
goods or services.

It is under defined Section 2 (1) (zg) of Indian Trade Marks Act 1999. Section 11(6) and 11(7)
deal with the facts that the registrar will take in to consideration while determining that the
mark is a well known mark. Section 11(10) deals with various aspects in relation to the
Protection of well known trademarks.