RM&IPR M5 notes.pdfResearch Methodolgy & Intellectual Property Rights Series 5

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Dr. T.D. Shashikala Associate Professor Department of E&CE. University BDT College of Engineering
22RMI16-RM&IPR MODULE 5
Notes based on
1. Intellectual Property – A primer for Academia by Prof Rupinder Tewari & Mamta
Bhardwaj
2. Study Material, Professional programme, Intellectual Property Rights-laws and
practice
1. Interpretation and Report Writing: Meaning of Interpretation, Technique of
Interpretation, Precaution in Interpretation, Significance of Report Writing, Different
Steps in Writing Report, Layout of the Research Report, Types of Reports, Oral
Presentation, Mechanics of Writing a Research Report, Precautions for Writing
Research Reports.
2. Intellectual Property: The Concept, Intellectual Property System in India, Development
of TRIPS Complied Regime in India, Patents Act, 1970, Trade Mark Act, 1999,The
Designs Act, 2000, The Geographical Indications of Goods (Registration and
Protection) Act1999, Copyright Act,1957,The Protection of Plant Varieties and
Farmers’Rights Act, 2001,The Semi-Conductor Integrated Circuits Layout Design Act,
2000, Trade Secrets, Utility Models, IPR and Biodiversity, The Convention on
Biological Diversity (CBD) 1992, Competing Rationales for Protection of IPRs,
Leading International Instruments Concerning IPR, World Intellectual Property
Organisation (WIPO),WIPO and WTO, Paris Convention for the Protection of
Industrial Property, National Treatment, Right of Priority, Common Rules, Patents,
Marks, Industrial Designs, Trade Names, Indications of Source, Unfair Competition
3. Patent Cooperation Treaty (PCT), Advantages of PCT Filing, Berne Convention for the
Protection of Literary and Artistic Works, Basic Principles, Duration of Protection,
Trade Related Aspects of Intellectual Property Rights(TRIPS) Agreement, Covered
under TRIPS Agreement, Features of the Agreement, Protection of Intellectual Property
under TRIPS, Copyright and Related Rights, Trademarks, Geographical indications,
Industrial Designs, Patents, Patentable Subject Matter, Rights Conferred, Exceptions,
Term of protection, Conditions on Patent Applicants, Process Patents, Other Use
without Authorization of the Right Holder, Layout-Designs of Integrated Circuits,
Protection of Undisclosed Information, Enforcement of Intellectual Property Rights,
UNSECO.

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CH-1 Interpretation and Report Writing
Meaning of Interpretation, Technique of Interpretation, Precaution in Interpretation,
Significance of Report Writing, Different Steps in Writing Report, Layout of the Research
Report, Types of Reports, Oral Presentation, Mechanics of Writing a Research Report,
Precautions for Writing Research Reports
1.1 Meaning of Interpretation
 Interpretation in research is vital for making sense of collected data.
 It involves connecting study results to broader contexts and understanding relationships
within the data.
 Researchers use interpretation to explain their observations and potentially spark new
research questions.
 This process is crucial for ensuring the validity of conclusions.
 Interpretation informs stakeholders about the research outcomes.
1.2 Technique of Interpretation
 Interpretation in research is difficult and requires skill learned through practice.
 Researchers may seek guidance from experts for interpretation.
 Steps in interpretation include:
 Explaining found relations and underlying processes.
 Considering extraneous information.
 Consulting knowledgeable individuals for accuracy.
 Taking time to consider all relevant factors to avoid false conclusions.
1.3 Precaution in Interpretation
 A research report is crucial for sharing findings effectively.
 Research's value lies in disseminating results.
 Writing a report is a key step and requires different skills.
 Researchers should approach report writing carefully, seeking help if needed
1.4 Significance of Report Writing
 A research report is crucial for completing a study by effectively sharing findings.
 Even the best research lacks value if findings are not communicated.
 Research serves its purpose when findings become widely known.
 Writing a report is a crucial final step that requires different skills.
 Researchers should approach report writing carefully and seek guidance if necessary.
1.5 Different Steps in Writing Report

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 Research reports are vital for sharing findings effectively.
 Steps in writing a report include analyzing the subject logically, outlining, drafting,
revising, creating a bibliography, and finalizing the draft.
 Logical analysis organizes the subject matter logically or chronologically.
 The outline helps organize the material.
 The rough draft outlines the research process and findings.
 Rewriting and polishing ensure clarity and correctness.
 The bibliography lists consulted works.
 The final draft should be clear, concise, and engaging, avoiding technical jargon.
1.6 Layout of the Research Report
 Research reports are crucial for effectively communicating study findings and helping
readers understand the research's context and methods. They typically consist of three
parts:
 Preliminary pages include the title, date, acknowledgments, table of contents, and list
of tables and illustrations.
 The main text outlines the research comprehensively, starting with the introduction,
which introduces the research project, objectives, background, hypotheses, and
methodology.
 The statement of findings and recommendations presents the study's results and
recommendations in non-technical language.
 The results section provides detailed findings supported by tables, charts, and
validation.
 Implications of the results discuss the study's implications, limitations, and future
research directions.
 A short conclusion summarizes the main points and forecasts future research needs.
 The summary restates the research problem, methodology, major findings, and
conclusions briefly.
 Appendices include technical data like questionnaires and sample information, while
the bibliography lists consulted sources, and an index helps readers navigate the report.
Research reports are vital for sharing study findings effectively. They typically include:
 Preliminary pages: Title, date, acknowledgments, table of contents, and list of tables
and illustrations.
 Main text: Introduction, statement of findings and recommendations, results,
implications, conclusion, and summary.
 Appendices: Technical data like questionnaires and sample information,
bibliography, and index
1.7 Types of Reports
Research reports come in various forms and lengths, tailored to specific needs:

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 Business firms prefer short letter reports.
 Financial institutions use balance-sheet tabulations.
 Mathematicians and chemists use notations and symbols.
 Literature students write lengthy critical analyses.
 Education and psychology reports often include statistical tabulations.
 Clinical psychologists use case histories.
 News reports prioritize important information first.
 Book reviews analyze content and author intentions.
 Governmental bureaus produce comprehensive reports.
 Ph.D. theses serve as formal reports from students.
1.7.1 Technical reports
Technical Report Outline:
1. Summary of Results: Brief overview of main findings (2-3 pages).
2. Nature of the Study:
 General objectives described.
 Problem formulated in operational terms.
 Working hypothesis stated.
 Type of analysis and data required discussed.
3. Methods Employed:
 Specific methods used discussed.
 Limitations of methods mentioned.
 Sampling studies: Details on sample design, size, selection, etc.
4. Data:
 Discussion on collected data.
 Sources, characteristics, and limitations highlighted.
 Suitability of secondary data assessed.
 Description of data collection process in surveys.
5. Analysis of Data and Presentation of Findings:
 Main body of the report.
 Analysis of data and presentation of findings discussed.
 Supporting data provided in tables and charts.
6. Conclusions:
 Detailed summary of findings.
 Policy implications drawn from results explained.
 Bibliography: List of consulted sources attached.
7. Technical Appendices:
 Included for all technical matters.

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 Examples: Questionnaire, mathematical derivations, analysis techniques.
8. Index: Prepared and included at the end of the report.
1.7.2 Popular Report
1. Findings and Implications: Emphasis on practical findings and their implications.
2. Recommendations for Action:Actionable recommendations based on study findings.
3. Objective of the Study: General overview of the problem and specific project
objectives.
4. Methods Employed: Brief, non-technical description of methods and techniques. Short
review of data used in the study.
5. Results: Main body of the report. Clear, non-technical presentation of study results.
Liberal use of illustrations: charts, diagrams, etc.
6. Technical Appendices: Detailed information on methods, forms, etc. Appendices may
not be detailed if the report is for the general public.
1.8 Oral Presentation
Oral presentations are good for discussing policy recommendations, but they lack a
permanent record. To address this, circulate a written report before presenting. Visual aids
like slides and charts help make the presentation clearer and engaging. Providing a
structured outline and key visuals keeps listeners focused. This is common in academics,
while practical fields use popular reports for policy implications.
1.9 Mechanics of Writing a Research Report
When preparing a research report, adhere to these guidelines:
When preparing a research report or paper, it's important to follow set rules consistently. Here
are some key points to keep in mind:
1. Size and Design:
 Use 8.5x11 inch unruled paper.
 Handwritten reports should use black or blue-black ink.
 Maintain margins of at least 1.5 inches on the left and half an inch on the right,
top, and bottom.
 Typewritten text should be double-spaced, except for long quotations.
2. Procedure: Follow the steps outlined in the research process.
3. Layout: Plan and adopt a suitable layout based on the problem's nature and
objectives.
4. Quotations: Use quotation marks for short quotes and single-space longer quotes,
indenting them half an inch from the normal text margin.
5. Footnotes:
 Serve to reference materials, cross-references, and acknowledgments.
 Numbered consecutively and placed at the bottom of the page.
 Typed in single space, separated by double space.

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 Provide detailed documentation for references.
6. Documentation Style:
 Follow a specific format for different types of references, such as single-
volume, multi-volume, periodicals, etc.
 Use abbreviations for repetitive elements like author names and titles.
7. Use of Statistics, Charts, and Graphs:
 Incorporate statistics into the report using tables, charts, and graphs where
appropriate.
 Ensure presentations are self-explanatory, relevant, neat, and attractive.
8. Final Draft:
 Revise and rewrite the rough draft carefully to ensure clarity, correctness,
coherence, and logical flow.
 Seek feedback from colleagues to identify unclear or illogical passages.
9. Bibliography: Include a bibliography listing all sources consulted.
10. Preparation of the Index:
 Include an index at the end of the report to guide the reader.
 Consider separate subject and author indexes, both arranged alphabetically.
Following these guidelines ensures a well-structured and comprehensive research report.
1.10 Precautions for Writing Research Reports
When writing a research report, ensure it is:
 Concise yet comprehensive.
 Engaging to maintain reader interest.
 Clear, avoiding technical jargon.
 Accessible, with findings easily available through visuals.
 Well-organized with a suitable layout.
 Free of grammar errors and follows proper composition.
 Logically structured with original insights.
 Includes policy implications and forecasts.
 Contains appendices, bibliography, and index.
 Neat and attractive in appearance.
 Specifies confidence limits and constraints.
 Starts with a clear introduction outlining objectives and methods.

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CH.2 Intellectual Property:
2.1 The Concept, 2.2 Intellectual Property System in India, 2.3 Development of TRIPS
Complied Regime in India, Patents Act, 1970, Trade Mark Act, 1999, The Designs Act, 2000,
The Geographical Indications of Goods (Registration and Protection) Act1999, Copyright
Act,1957, The Protection of Plant Varieties and Farmers’ Rights Act, 2001, The Semi-
Conductor Integrated Circuits Layout Design Act, 2000, Trade Secrets, Utility Models, IPR
and Biodiversity, The Convention on Biological Diversity (CBD) 1992, 2.4 Competing
Rationales for Protection of IPRs, 2.5 Leading International Instruments Concerning IPR,
2.6 World Intellectual Property Organisation (WIPO), WIPO and WTO, Paris Convention for
the Protection of Industrial Property, National Treatment, Right of Priority, Common Rules,
Patents, Marks, Industrial Designs, Trade Names, Indications of Source, Unfair Competition.
2.1 The Concept of Intellectual Property (IP):
Intellectual Property refers to creations of the mind: inventions, literary and artistic
works, symbols, names, images, and designs used in commerce.
It grants exclusive rights to creators and innovators over their creations, encouraging
innovation and creativity while providing incentives for further development.
2.2 Intellectual Property System in India:
India has a comprehensive legal framework for IP protection, encompassing various
laws and regulations.
The system includes legislation governing patents, trademarks, copyrights, designs,
geographical indications, plant varieties, and semiconductor layout designs.
2.3 Development of TRIPS Compliant Regime in India:
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
enforced by the World Trade Organization (WTO), sets down minimum standards for many
forms of intellectual property (IP) regulation. India, as a member of the WTO, has aligned its
IP laws with TRIPS requirements through various legislative measures.
 Key IP Laws in India:
Patents Act, 1970: Governs the grant and regulation of patents in India.
Trade Marks Act, 1999: Provides for the registration and protection of trademarks.
The Designs Act, 2000: Deals with the registration and protection of industrial designs.
Copyright Act, 1957: Regulates copyright protection for literary, artistic, and musical works.
The Protection of Plant Varieties and Farmers’ Rights Act, 2001: Protects new plant varieties
and the rights of farmers.
The Semi-Conductor Integrated Circuits Layout Design Act, 2000: Regulates the layout
designs of integrated circuits.

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 Other IP-related Laws and Concepts:
Trade Secrets: Confidential information that provides a competitive advantage.
Utility Models: A form of intellectual property protection for incremental inventions.
IPR and Biodiversity: Addresses the relationship between intellectual property rights and
biodiversity conservation.
The Convention on Biological Diversity (CBD) 1992: The Convention on Biological Diversity
(CBD) 1992 emphasizes the conservation of biological diversity, sustainable use of its
components, and fair sharing of benefits arising from genetic resources. India’s Biological
Diversity Act, 2002, aligns with CBD, regulating access to biological resources and associated
traditional knowledge.
These laws and regulations collectively form the backbone of India’s TRIPS-compliant
intellectual property regime, ensuring protection and enforcement across various forms of
intellectual property in accordance with international standards
2.4 Competing Rationales for Protection of IPRs,
 Incentive for Innovation: Exclusive rights encourage new ideas and products by
offering financial rewards.
 Economic Growth: IPRs create new industries and jobs, attracting foreign investment.
 Cultural Preservation: Protects traditional knowledge and cultural expressions while
balancing public access.
 Ethical Considerations: Ensures creators get recognition and reduces piracy for fair
competition.
 Technological Advancement: Facilitates technology transfer and promotes industry
standards.
2.5 Leading International Instruments Concerning IPR
1. Berne Convention (1886):
 Purpose: Protects literary and artistic works.
 Feature: Equal protection in all member countries.
2. Paris Convention (1883):
 Purpose: Protects industrial property (patents, trademarks).
 Feature: Priority filing in other countries within 12 months.
3. TRIPS Agreement (1995):
 Purpose: Integrates IPRs into WTO trade rules.
 Feature: Minimum standards for IPR protection.
4. WIPO Copyright Treaty (WCT) (1996):
 Purpose: Updates copyright for digital environments.
 Feature: Digital distribution and reproduction rights.
5. Patent Cooperation Treaty (PCT) (1970):
 Purpose: Simplifies international patent filing.

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 Feature: Single international application.
6. Madrid Agreement and Protocol (1891, 1989):
 Purpose: Simplifies international trademark registration.
 Feature: Single application for multiple countries.
7. Hague Agreement (1925):
 Purpose: Protects industrial designs internationally.
 Feature: Single application for multiple countries.
2.6 World Intellectual Property Organization (WIPO):
 Established in 1967 as a specialized agency of the United Nations.
 Aims to promote and protect intellectual property (IP) globally.
 Headquartered in Geneva, Switzerland.
 Provides a platform for international cooperation on IP issues.
 Administers various international treaties related to IP, including the Berne Convention
and the Paris Convention.
WIPO and WTO
 WIPO and the World Trade Organization (WTO) work in tandem to address IP issues.
 While WIPO focuses on the development of international IP standards and treaties, the
WTO deals with the enforcement of these standards through its Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPS Agreement).
 TRIPS Agreement sets minimum standards for IP protection and enforcement, ensuring
that member states adhere to these standards.
Paris Convention for the Protection of Industrial Property
 Established in 1883.
 One of the oldest multilateral treaties on intellectual property.
 Provides for the protection of industrial property, including patents, trademarks,
industrial designs, trade names, and indications of source.
 Key principles include national treatment and the right of priority.
National Treatment
 Central principle of the Paris Convention.
 Requires member countries to provide equal treatment to foreign nationals as they do
to their own citizens concerning the protection of intellectual property rights.
 Ensures that foreign nationals are not discriminated against in terms of IP protection.
Right of Priority
 Another key principle of the Paris Convention.
 Allows applicants to claim priority for their IP rights in other member countries based
on their initial filing in one member country
 Provides a grace period of 12 months for filing subsequent applications in other
member countries while retaining the original filing date.

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Common Rules
 The Paris Convention establishes common rules for the protection of industrial property
rights among member countries.
 These rules facilitate international cooperation and harmonization of IP laws and
practices.
 Promotes a level playing field for creators, inventors, and businesses operating across
borders.
Patents, Marks, Industrial Designs, Trade Names, Indications of Source, Unfair Competition
 The Paris Convention covers various forms of industrial property, including patents
(for inventions), trademarks (for distinctive signs), industrial designs (for aesthetic
designs of products), trade names (for business identifiers), indications of source (for
geographical indications), and unfair competition (for acts contrary to honest practices
in industrial or commercial matters).
 Provides a framework for the protection and enforcement of these intellectual property
rights at the international level.
 Aims to foster innovation, creativity, and fair competition in the global marketplace.

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CH.3Patent Cooperation Treaty (PCT)
Advantages of PCT Filing, Berne Convention for the Protection of Literary and Artistic
Works, Basic Principles, Duration of Protection, Trade Related Aspects of Intellectual
Property Rights(TRIPS) Agreement, Covered under TRIPS Agreement, Features of the
Agreement, Protection of Intellectual Property under TRIPS, Copyright and Related
Rights, Trademarks, Geographical indications, Industrial Designs, Patents, Patentable
Subject Matter, Rights Conferred, Exceptions, Term of protection, Conditions on Patent
Applicants, Process Patents, Other Use without Authorization of the Right Holder, Layout-
Designs of Integrated Circuits, Protection of Undisclosed Information, Enforcement of
Intellectual Property Rights, UNSECO.
Advantages of PCT Filing:
 Simplified process for filing international patent applications.
 Cost savings through a single application for multiple countries.
 Extended decision time for selecting countries for patent protection.
Berne Convention for the Protection of Literary and Artistic Works
 Basic Principles: Provides automatic protection of copyright without the need for
formalities such as registration.
 Duration of Protection: Provides minimum copyright protection for the lifetime of the
author plus an additional 50 years after their death.
 Rights Conferred: Copyright protection grants authors exclusive rights to reproduce,
distribute, and publicly perform their works.
 Exceptions: Limited exceptions to copyright protection may be allowed for purposes
such as education, research, and news reporting
Duration of Protection:
The PCT does not provide protection itself but facilitates the process of seeking patent
protection in multiple countries.
Conditions on Patent Applicants:
Applicants must meet the requirements set by national patent offices in the countries
where they seek protection.
Process Patents:
The PCT covers inventions related to processes or methods, providing a streamlined
approach to seeking protection for such inventions internationally.
Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement
 Covered Under TRIPS Agreement: Copyright and related rights, trademarks,
geographical indications, industrial designs, patents, layout-designs of integrated
circuits, protection of undisclosed information.
 Features of the Agreement: Sets minimum standards for the protection and enforcement
of intellectual property rights among WTO member countries.

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 Protection of Intellectual Property under TRIPS: Requires member countries to
establish legal frameworks for the protection and enforcement of various forms of
intellectual property.
 Enforcement of Intellectual Property Rights: Requires member countries to establish
effective enforcement mechanisms and provide remedies for the infringement of
intellectual property rights.
 Exceptions: Allows for limited exceptions to patent rights, such as for public health
reasons.
 Term of Protection: Generally 20 years from the filing date of the patent application.
UNESCO: United Nations Educational, Scientific and Cultural Organization
 Established in 1945 to promote international collaboration in education, science,
culture, and communication.
 Works to protect cultural heritage, promote cultural diversity, and ensure access to
education and knowledge for all.
 Supports initiatives to safeguard intellectual property in areas such as cultural heritage
preservation and promotion of indigenous knowledge.

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