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The term law is used in many senses: you may speak of the law of physics, mathematics,

science, or the laws of the football or health. In its widest sense, law means any rule ofconduct, standard or pattern, to which actions are required to conform; if not conformed,

sanctions are imposed. When we speak of the law of a State, we use the term law in a special

and strict sense

These rules prescribe the conduct, standard or pattern to whichactions of the persons in the state are required to conform. However, all rules of

conduct do not become law in the strict sense. We resort to various kinds of rules to

guide our lives. For example, our conduct may be guided by a rule such as do not be

arrogant or do not be disrespectful to elders or women. These are ethical or moral

rules by which our daily lives are guided. If we do not follow them, we may lose our

friends and their respect, but no legal action can be taken against us.

both human and artificial. The law isnot made just for the sake of making it. The rules embodied in the law are made, so as

to ensure that actions of the persons in the society conform to some predetermined

standard or pattern. This is necessary so as to ensure continuance of the society. No

doubt, if citizens are self-enlightenedor self-controlled, disputes may be minimized,

but will not be eliminated. Rules are, therefore, drawn up to ensure that members of

the society may live and work together in an orderly manner. Therefore, if the rules

embodied in the law are broken, is used to enforce obedience, and certain

consequences ensue.

Law is imposed on the members to bring about an order in the group,enabling it to continue and prosper. It is not something which may or may not be

obeyed at the sweet will of the members of society. If you cannot impose a rule it is

better not to have it. Thus, law is made obligatory on the members of the society.

Obviously, unless a law is enforced it ceases to be alaw and those persons subject to it will regard it as dead. , if A steals Bs

bicycle, he may be prosecuted by a court and may be punished. Also, the court may

order the restitution of the bicycle to its rightful owner i.e., B. If the government passes

many laws but does not attempt to enforce them, the citizens lose their respect for

government and law, and society is greatly weakened. The force used is known as

sanction which the state administers to secure obedience to its laws.

A state is a territorial division, with people therein subject to a uniformsystem of law administered by some authority of the state. Thus, law presupposes a

state.

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The law is a living thing and changes throughout the course of history.Law responds to public opinion and changes accordingly. Law can never be static.

Therefore, amendments are made in different laws from time to time. For example, the

Monopolistic and Restrictive Trade Practices Act, 1969, has been subjected to many

amendments since its inception in 1969.

The two basic ideas involved in any law are: (i) tomaintain some form of social order in a group and (ii) to compel members of the group

to be within that order. These basic ideas underlie formulation of any rules for the

members of a group. A group is created because first, there is a social instinct in the

people to live together and secondly, it helps them in self-preservation. Rules are made

by the members of the group, so that the group doesnt whither away.

Some

examples of lawin the widest sense of the term. Law in its widest sense may include:

Moral rules or etiquettes, the non-observance of which may lead to publicridicule,

Law of the Land the non-observance of which may lead to arrest, imprisonment,fines, etc.,

Rules of international law, the non-observance of which may lead to socialboycott, trade-sanctions, cold war, hot war, proxy war, etc.

Partnership is defined as the relationship between persons who have agreed to share

profits of a business carried on by all, or by any of them acting for all. On analysis of the

definition, certain essential elements of partnership emerge. These elements must be present

so as to form a partnership and are discussed below.

There must be at least two

persons who should join together to constitute a partnership, because one person cannot

become a partner with himself. These persons must be natural persons having legal capacity to

contract. Thus, a company (which is an artificial person) cannot be a partner. Similarly, a

partnership firm cannot be a partner of another partnership firm. As regards maximum

number of partners in a partnership firm, Sec.11 of the Companies Act, 1956, puts the limit at

10 in case of banking business and 20 in case of any other business.

An

agreement presupposes a minimum number of two persons. As mentioned above, a

partnership to arise, at least two persons must make an agreement. Partnership is the result of

an agreement between two or more persons (who are known as partners after the partnership

comes into existence)

.

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The term business includes every

trade, occupation or profession [Sec.2(b)]. Though the word business generally conveys the

idea of numerous transactions, a person may become a partner with another even in a

particular adventure or undertaking (Sec.8). Unless the person joins for the purpose of carrying

on a business, it will not amount to partnership.

The joint carrying on of a business

alone is not enough; there must be an agreement to share profits arising from the business.

Unless otherwise so agreed, sharing of profits also involves sharing of losses. But whereas the

sharing of profits is an essential element of partnership, sharing of losses is not.

A, a trader, owed money to several creditors. He agreed to pay his creditors out of

the profits of his business (run under the creditors supervision) what he owed to them. Held,

the arrangement did not make creditors partners with A in business [Cox v. Hickman, (1860) 8

H.L.C., 268].

All the essential elements of a valid contract must be present in a partnership as it is based on

an agreement. Therefore, while constituting a partnership. The following points must be kept

in mind:

1. The Act provides that a minor may be admitted to be benefits of partnership.2. No consideration is required to create partnership. A partnership is an extension of

agency for which no consideration is necessary.

3. The partnership agreement may be express (i.e., oral or writing) or implied and thelatter may be inferred from the conduct or the course of dealings of the parties or from

the circumstances of the case. However, it is always advisable to have the partnershipagreement in writing.

4. An alien friend can enter into partnership, an alien enemy cannot.5. A person of unsound mind is not competent to enter into a partnership.6. A company, incorporated under the Companies Act, 1956 can enter into a contract of

partnership.

The duration of partnership may or may not be fixed. It may be constituted even for a

particular adventure.

In accordance with Sec.7, a partnership is called a partnership at will where;

(i) it is not constituted for a fixed period of time and(ii) there is no provision made as to the determination of partnership in any other way.Therefore such a partnership has no fixed or definite date of termination. Accordingly

death or retirement of a partner does not affect the continuance of such a partnership.

In accordance with Sec.8 a particular partnership is one which is formed for a particular

adventure or a particular undertaking. Such a partnership is usually dissolved on thecompletion of the adventure or undertaking.

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In this type of partnership, the liability of certain partners is limited to the amount of capital

which they have agreed to contribute to the business. In a limited partnership, there will be at

least one general partner whose liability is unlimited and one or more special partners whose

liability is limited.

Ans:--

For the first time in the history of consumer legislation in India, the Consumer Protection Act,

1986 extended a statutory recognition to the rights of consumers. Sec.6 of the Act recognizes

the following six rights of consumers:

1. i.e., the right to be protected against the marketing of goods and serviceswhich are hazardous to life and property.

2. i.e., the right to be informed about the quality, quantity, potency,purity, standard and price of goods or services, as the case may be, so as to protect the

consumer against unfair trade practices.

3. It means right to be assured, wherever possible, access to a variety of

goods and services at competitive prices. In case of monopolies, say, railways,

telephones, etc., it means right to be assured of satisfactory quality andservice at a fair price.

4. i.e., the consumers interests will receive due consideration atappropriate forums. It also includes right to be represented in various forums formed to

consider the consumers welfare.

5. It means the right to seek redressal against unfair practices orrestrictive trade practices or unscrupulous exploitation of consumers. It also includes

right to fair settlement of the genuine grievances of the consumers.

6. It means the right to acquire the knowledge and skill tobe an informed consumer.

Bailment is defined as the delivery of goods by one to another person for some purpose, upon

a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed

of according to the directions of person delivering them. The person delivering the goods is

called the bailorand the person to whom the goods are delivered is called the bailee. The

explanation to the above Section points out that delivery of possession is not necessary, whereone person, already in possession of goods contracts to hold them as bailee.

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The bailee is under an obligation to re-deliver the goods, in their original or altered form, as

soon as the time of use for, or condition on which they were bailed, has elapsed or been

performed.

(i) A delivers some clothes to B, a dry cleaner, for dry cleaning.(ii) A delivers a wrist watch to B for repairs.(iii) A lends his book to B for reading.(iv) A delivers a suit-length to a tailor for stitching.(v) A delivers some gold biscuits to B, a jeweller, for making jewellery.(vi) Delivery of goods to a carrier for the purpose of carrying them from one place to

another.

(vii) Delivery of goods as security for the repayment of loan and interest thereon, i.e.,pledge.

1. The essence of bailment is delivery of goods by one person toanother for some temporary purpose. Delivery of goods may, however, be actual

or constructive. Actual delivery may be made by handing over goods to the bailee.

Constructive delivery may be made by doing something which has the effect of

putting the goods in the possession of the intended bailee or any person authorised

to hold them on his behalf (Sec.149).

A holding goods on behalf of B, agrees to hold them on behalf of C, there is a

constructive transfer of possession from C to A.

2. In bailment, the delivery of goods is upon acontract that when the purpose is accomplished, they shall be returned to the bailor.

For , where a watch is delivered to a watch repairer for repair, it is agreed

that it will be returned, after repair, on the receipt of the agreed or reasonable

charges.

3. The goods are delivered for some purpose and it isagreed that the specific goods shall be returned. Return of specific goods (in specie)

is an essential characteristic of bailment. Thus, where an equivalent and not the

same is agreed to be returned, there is no bailment.

4. In a bailment, it is only the possession of goods which istransferred and not the ownership thereof, therefore the person delivering the

possession of goods need not be the owner; his business is to transfer possession

and not ownership.

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An Instrument as referred to in the Act is a legally recognised written document,whereby rights are created in favour of one and obligations are created on the part of another.

The word negotiable means transferable from one person to another either by mere delivery

or by endorsement and delivery, to enable the transferee to get a title in the instrument. An

instrument may possess the characteristics of negotiability either by statute or by usage.

Promissory note, bill of exchange and cheque are negotiable instruments by statute as they areso recognised by Sec.13. There are certain instruments which are recognised as negotiable

instruments by usage. Thus, bank notes, bank drafts, share warrants, bearer debentures,

dividend warrants, scripts and treasury bills are negotiable byusage. An instrument is called

negotiable if it possesses the following features:

1. Transferability may be by (a) delivery, or (b) by endorsement anddelivery.

2. The term negotiability means that not only is theinstrument transferable by endorsement and/or delivery, but that its holder in due

course acquires a good title notwithstanding any defects in a previous holders title. Aholder in due course is one who receives the instrument for value and without any

notice as to the defect in the title of the transferor.

3. Another feature of a negotiable instrument is thatits holder in due course can sue on the instrument in his own name.

4. A negotiable instrument can be transferred infinitum, i.e., can be transferred anynumber of times, till its maturity.

5. An instrument, which doesnot have these characteristics, is not negotiable, but is assignable, i.e., the transferee

takes it subject to all equities and liabilities of the transferor.

A promissory note is an instrument in writing (not being a bank or a currency note) containing

an unconditional undertaking, signed by the maker to pay a certain sum of money to, or to the

order of, a certain person or to the bearer of the instrument (Sec.4). The following are two

illustrations of promissory notes.Where A signs instruments in the following terms:

(i) I promise to pay B or order Rs 500.(ii) I acknowledge myself to be indebted to B in Rs 1000, to be paid on demand, for

value received.

But, the following are NOT promissory notes:

(i) Mr B, I.O.U. (I owe you) Rs 1000.(ii) I am liable to pay you Rs 500.(iii) I promise to pay B Rs 500 andall other sums which shall be due to him.(iv) I promise to pay B Rs 500, first deducting there out any money which he may owe

me.

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(v) I promise to pay B Rs 1500 on Ds death, provided he leaves me enough to paythat sum.

(vi) I promise to pay B Rs 500 seven days after my marriage with C.(vii) I promise to pay B Rs 500 and to deliver to him my white Maruti Car 1 January

next.

(viii)(ix) Rs 10,000 New Delhi 1100 01(x) Jan. 10, 2006(xi) On demand [or six months after date] I promise to pay X or order the sum of

rupees ten thousand with interest at 12 per cent per annum only for value received.

(xii) To X Sd/-A(xiii) Address ____________________________ Stamp(xiv) ____________________________

1. the person who makes the note promising to pay the amount stated therein.2. the person to whom the amount of the note is payable.

3. is either the original payee or any other person in whose favour the note has

been endorsed.

4. the person who endorses the note in favour of another person.

5. the person in whose favour the note is negotiated by indorsement.

A bill of exchangeis defined by Sec.5 as an instrument in writing, containing an

unconditional order, signed by the maker, directing a certain person to pay a certain sum of

money only to or to the order of, a certain person, or to the bearer of the instrument.

Rs 10, 000

New Delhi 110 016

Jan. 13, 2006

Six months after date pay to A or order/bearer the sum of ten thousand rupees only for value

received.

To X Sd/-Y

Address _______________________________ Stamp

_______________________________

Here Y is the drawer, A is the payee and X is the drawee. X will express his willingness to pay

accepting the bill by writing words somewhat as below across the face of the bill:

ACCEPTED

Sd-X Jan. 16, 2006.

The specimen given above is of a usance bill, payable after a specified period of time. A bill of

exchange may be drawn payable at sight, i.e., on demand or payable after certain time after

sight also.

The parties of bill of exchange are:

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The person to whom the amount of the bill is payable.

The person on whom the bill is drawn. Thus, drawee is the personresponsible for acceptance and payment of the bill. In certain cases however a stranger

may accept the bill on behalf of the drawee.

The person to whom amount of the bill is payable. It may be the drawerhimself or any other person.

It is the original payee but where the bill has been endorsed, the endorsee.In case of a bearer bill, the bearer or possessor is the holder.

It is the person who endorses a bill.

It is the person to whom the bill is negotiated by endorsement.

Drawee in case of need.

Acceptor for honour.

A cheque is the usual method of withdrawing money from a current account with a banker.

Savings bank accounts are also permitted to be operated by cheques provided certain

minimum balance is maintained. A cheque, in essence, is an order by the customer of the bank

directing his banker to pay on demand, the specified amount, to or to the order of the person

named therein or to the bearer. Sec.6 defines a cheque. The Amendment Act 2002 has

substituted new section for Sec.6. It provides that a cheque is a bill of exchange drawn on a

specified banker and not expressed to be payable otherwise than on demand and it includes

the electronic image of a truncated cheque and a cheque in the electronic from.

A cheque in the electronic form

means a cheque which contains the exact mirror image of apaper cheque, and is generated, written and signed in a secure system ensuring the minimum

safety standards with the use of digital signature and asymmetric crypto system.

Specimen of a cheque

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Every bank has its own printed cheque forms which are supplied to the account holders at the

time of opening the account as well as subsequently whenever needed. These forms are printed

on special security paper which is sensitive to chemicals and makes any chemical alterations

noticeable. Although, legally, a customer may withdraw his money even by writing his

directions to the banker on a plain paper but in practice bankers honour only those orders

which are issued on the printed forms of cheques.

The requisites of a cheques are:

1. A cheque must be an instrument in writing. Regarding the writingmaterials to be used, law does not lay down any restrictions and therefore cheque may

be written either with (a) pen (b) type writer or may be (c) printed.

2. A cheque must contain an unconditional order. It is, however,

not necessary that the word order or its equivalent must be used to make the documenta cheque., Generally, the order to bank is expressed by the word pay. If the word

please precedes pay the document will not be regarded as invalid merely on this

account.

3. A cheque must be drawn on a specified banker. To avoidany mistake, the name and address of the banker should be specified.

4. The order must be only for the payment of money and that

too must be specified. Thus, orders asking the banker to deliver securities or certainother things cannot be regarded as cheques. Similarly, an order asking the banker to

pay a specified amount with interest, the rate of interest not specified, is not a cheque as

the sum payable is not certain.

5. A cheque to be valid must be payable to a certain person. Personshould not be understood in a limited sense including only human beings. The term in

fact includes legal persons also. Thus, instruments drawn in favour of a body

corporate, local authorities, clubs, institutions, etc., are valid instruments being payable

to legal persons.

6. A cheque to be valid must be payable on demand and not

otherwise. Use of the words on demand or their equivalent is not necessary. When

the drawer asks the banker to pay and does not specify the time for its payment, the

instrument is payable on demand (Sec.19).

7. The drawer of a cheque is expected to date it before it leaves hishands. A cheque without a date is considered incomplete and is returned unpaid by the

banks. The drawer can date a cheque with the date earlier or later than the date on

which it is drawn. A cheque bearing an earlier date is antedated and the one bearing thelater date is called post-dated. A post-dated cheque cannot be honoured, except at the

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personal risk of the banks manager, till the date mentioned. A post-dated cheque is as

much negotiable as a cheque for which payment is due, i.e., the transferee of a post-

dated cheque, like that of the cheque on which payment is due, acquires a better title

than its transferor, if he is a holder in due course. A cheque that bears a date earlier

than six months is a stale cheque and cannot be claimed for.

INTELLECTUAL PROPERTY RIGHTS

General

The importance of intellectual property in India is well established at alllevels- statutory, administrative and judicial. India ratified the agreementestablishing the World Trade Organisation (WTO). This Agreement, inter-

alia, contains an Agreement on Trade Related Aspects of IntellectualProperty Rights (TRIPS) which came into force from 1st January 1995. Itlays down minimum standards for protection and enforcement ofintellectual property rights in member countries which are required topromote effective and adequate protection of intellectual property rightswith a view to reducing distortions and impediments to international trade.The obligations under the TRIPS Agreement relate to provision ofminimum standard of protection within the member countries legalsystems and practices.

The Agreement provides for norms and standards in respect of followingareas of intellectual property

Patents Trade Marks Copyrights Geographical Indications Industrial Designs

Patents

The basic obligation in the area of patents is that, invention in allbranches of technology whether products or processes shall be patentableif they meet the three tests of being new involving an inventive step andbeing capable of industrial application. In addition to the general securityexemption which applied to the entire TRIPS Agreement, specificexclusions are permissible from the scope of patentability of inventions,the prevention of whose commercial exploitation is necessary to protectpublic order or morality, human, animal, plant life or health or to avoidserious prejudice to the environment. Further, members may also excludefrom patentability of diagnostic, therapeutic and surgical methods of the

treatment of human and animals and plants and animal other than micro-

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organisms and essentially biological processes for the production of plantsand animals.more...

The TRIPS Agreement provides for a minimum term of protection of 20years counted from the date of filing.

India had already implemented its obligations under Articles 70.8 and70.9 of TRIP Agreement.

To view Trade Related Aspects of Intellectual Property Rights (TRIP)AgreementClick here

Acts related to Patents

The Patents Act, 1970

The Patents (amendment) Act, 1999



Rules pertaining to Patents

The Patents Rules 2003

The Patents (Amendment) Rules 2005

The Patents (Amendment) Rules 2006

Trade Marks

Trade marks have been defined as any sign, or any combination of signscapable of distinguishing the goods or services of one undertaking fromthose of other undertakings. Such distinguishing marks constituteprotectable subject matter under the provisions of the TRIPS Agreement.

The Agreement provides that initial registration and each renewal ofregistration shall be for a term of not less than 7 years and theregistration shall be renewable indefinitely. Compulsory licensing of trademarks is not permitted.

Keeping in view the changes in trade and commercial practices,globalisation of trade, need for simplification and harmonisation of trademarks registration systems etc., a comprehensive review of the Trade andMerchandise Marks Act, 1958 was made and a Bill to repeal and replacethe 1958 Act has since been passed by Parliament and notified in the

Gazette on 30.12.1999. This Act not only makes Trade Marks Law, TRIPS
http://www.indiainbusiness.nic.in/investment/patents.htmhttp://www.indiainbusiness.nic.in/investment/patents.htmhttp://www.indiainbusiness.nic.in/investment/patents.htmhttp://www.worldtradelaw.net/uragreements/tripsagreement.pdfhttp://www.worldtradelaw.net/uragreements/tripsagreement.pdfhttp://www.worldtradelaw.net/uragreements/tripsagreement.pdfhttp://ipindia.nic.in/ipr/patent/patAct1970-3-99.htmlhttp://ipindia.nic.in/ipr/patent/patAct1970-3-99.htmlhttp://ipindia.nic.in/ipr/patent/patact_99.PDFhttp://ipindia.nic.in/ipr/patent/patentg.pdfhttp://ipindia.nic.in/ipr/patent/patentg.pdfhttp://ipindia.nic.in/ipr/patent/patent_2005.pdfhttp://ipindia.nic.in/ipr/patent/patent_2005.pdfhttp://ipindia.nic.in/ipr/patent/patent_re_03.pdfhttp://ipindia.nic.in/ipr/patent/patent_re_03.pdfhttp://ipindia.nic.in/ipr/patent/The%20Patents%20(Amendments)%20Rules%202005%20(ENGLISH).pdfhttp://ipindia.nic.in/ipr/patent/The%20Patents%20(Amendments)%20Rules%202005%20(ENGLISH).pdfhttp://ipindia.nic.in/ipr/patent/patent_rules_2006.pdfhttp://ipindia.nic.in/ipr/patent/patent_rules_2006.pdfhttp://ipindia.nic.in/ipr/patent/patent_rules_2006.pdfhttp://ipindia.nic.in/ipr/patent/The%20Patents%20(Amendments)%20Rules%202005%20(ENGLISH).pdfhttp://ipindia.nic.in/ipr/patent/patent_re_03.pdfhttp://ipindia.nic.in/ipr/patent/patent_2005.pdfhttp://ipindia.nic.in/ipr/patent/patentg.pdfhttp://ipindia.nic.in/ipr/patent/patact_99.PDFhttp://ipindia.nic.in/ipr/patent/patAct1970-3-99.htmlhttp://www.worldtradelaw.net/uragreements/tripsagreement.pdfhttp://www.indiainbusiness.nic.in/investment/patents.htm

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compatibility but also harmonises it with international systems andpractices. Work is underway to bring the law into force. more...

Trade Marks Acts

Trade Marks Act, 1999

New Elements in the Trade Marks Act, 1999

Copyrights

Indias copyright law, laid down in the Indian Copyright Act, 1957 asamended by Copyright (Amendment) Act, 1999, fully reflects the BerneConvention on Copyrights, to which India is a party. Additionally, India isparty to the Geneva Convention for the Protection of rights of Producers

of Phonograms and to the Universal Copyright Convention. India is alsoan active member of the World Intellectual Property Organisation (WIPO),Geneva and UNESCO.

The copyright law has been amended periodically to keep pace withchanging requirements. The recent amendment to the copyright law,which came into force in May 1995, has ushered in comprehensivechanges and brought the copyright law in line with the developments insatellite broadcasting, computer software and digital technology. Theamended law has made provisions for the first time, to protect

performers rights as envisaged in the Rome Convention

Several measures have been adopted to strengthen and streamline theenforcement of copyrights. These include the setting up of a CopyrightEnforcement Advisory Council, training programs for enforcement officersand setting up special policy cells to deal with cases relating toinfringement of copyrights.more....

Rules and Acts related to Copyrights

The Copyright (Amendment) Act, 2012

Copyright, Act 1957

Copyright Rules, 1958

Copyright Handbook

International Copyright Order, 1999

Copyright Piracy in India

Amendments in the Act
http://www.indiainbusiness.nic.in/investment/trademarks.htmhttp://www.indiainbusiness.nic.in/investment/trademarks.htmhttp://www.indiainbusiness.nic.in/investment/tmr_act_rules/TMRAct_New.pdfhttp://www.indiainbusiness.nic.in/investment/tmr_act_rules/TMRAct_New.pdfhttp://www.indiainbusiness.nic.in/investment/NEW_ELEMENTS_IN_TRADEMARKS_ACT_1999.htmhttp://www.indiainbusiness.nic.in/investment/NEW_ELEMENTS_IN_TRADEMARKS_ACT_1999.htmhttp://www.indiainbusiness.nic.in/investment/copyrights.htmhttp://www.indiainbusiness.nic.in/investment/copyrights.htmhttp://copyright.gov.in/Documents/CRACT_AMNDMNT_2012.pdfhttp://copyright.gov.in/Documents/CopyrightRules1957.pdfhttp://copyright.gov.in/Documents/CopyrightRules1958.pdfhttp://copyright.gov.in/Documents/handbook.htmlhttp://copyright.gov.in/Documents/International%20Copyright%20Order.htmhttp://copyright.gov.in/Documents/International%20Copyright%20Order.htmhttp://copyright.gov.in/Documents/STUDY%20ON%20COPYRIGHT%20PIRACY%20IN%20INDIA.pdfhttp://copyright.gov.in/Documents/STUDY%20ON%20COPYRIGHT%20PIRACY%20IN%20INDIA.pdfhttp://copyright.gov.in/frmAmendmentstotheAct.aspxhttp://copyright.gov.in/frmAmendmentstotheAct.aspxhttp://copyright.gov.in/frmAmendmentstotheAct.aspxhttp://copyright.gov.in/Documents/STUDY%20ON%20COPYRIGHT%20PIRACY%20IN%20INDIA.pdfhttp://copyright.gov.in/Documents/International%20Copyright%20Order.htmhttp://copyright.gov.in/Documents/handbook.htmlhttp://copyright.gov.in/Documents/CopyrightRules1958.pdfhttp://copyright.gov.in/Documents/CopyrightRules1957.pdfhttp://copyright.gov.in/Documents/CRACT_AMNDMNT_2012.pdfhttp://www.indiainbusiness.nic.in/investment/copyrights.htmhttp://www.indiainbusiness.nic.in/investment/NEW_ELEMENTS_IN_TRADEMARKS_ACT_1999.htmhttp://www.indiainbusiness.nic.in/investment/tmr_act_rules/TMRAct_New.pdfhttp://www.indiainbusiness.nic.in/investment/trademarks.htm

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Geographical Indications

The agreement contains a general obligation that parties shall provide thelegal means for interested parties to prevent the use of any means in thedesignation or presentation of a good that indicates or suggests that the

good in question originates in a geographical area other than the trueplace of origin in a manner which misleads the public as to thegeographical origin of the goo. There is no obligation under theAgreement to protect geographical indications which are not protected intheir country or origin or which have fall en into disuse in that country.

A new law for the protection of geographical indications, viz. theGeographical Indications of Goods (Registration and the Protection) Act,1999 has also been passed by the Parliament and notified on 30.12.1999and the rules made there under notified on 8-3-2002.more...

Industrial Designs

Industrial designs refer to creative activity which result in the ornamentalor formal appearance of a product and design right refers to a novel ororiginal design that is accorded to the proprietor of a validly registereddesign. Industrial designs are an element of intellectual property. Underthe TRIPS Agreement, minimum standards of protection of industrialdesigns have been provided for. As a developing country, India hasalready amended its national legislation to provide for these minimal

standards.

The essential purpose of design law it to promote and protect the designelement of industrial production. It is also intended to promote innovativeactivity in the field of industries. The existing legislation on industrialdesigns in India is contained in the New Designs Act, 2000 and this Actwill serve its purpose well in the rapid changes in technology andinternational developments. India has also achieved a mature status inthe field of industrial designs and in view of globalization of the economy,the present legislation is aligned with the changed technical andcommercial scenario and made to conform to international trends indesign administration.

This replacement Act is also aimed to inact a more detailed classificationof design to conform to the international system and to take care of theproliferation of design related activities in various fields.

Obligations envisaged in respect of industrial designs are thatindependently created designs that are new or original shall be protected.Individual governments have been given the option to exclude fromprotection, designs dictated by technical or functional considerations, as

against aesthetic consideration which constitutes the coverage ofindustrial designs. The right accruing to the right holder is the right to
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prevent third parties not having his consent from making, selling orimporting articles being or embodying a design, which is a copy orsubstantially a copy of the protected design when such acts areundertaken for commercial purposes. The duration of protection is to benot less than 10 years.

Question No 6b:- A leaves a cow in the custody of B to be taken care of.

The cow gives birth to a calf. Who will take the calf and why?

Answer: - The answer is A

It is as per the below section s

1. To return the goods bailed(Section 160). It is the duty of the bailee to return, or 9

deliver, according to the bailors directions, the goods bailed,

Without demand,

As soon as the time for which they were bailed has expired, or the purpose, for which they

were bailed has been accomplished. If the bailee fails to return the goods at the proper time,

he is responsible to the bailor for any loss, destruction or deterioration of the goods from that

time (Section 161).

2. To return any accretion to the goods bailed

(Section 163). In the absence of any contract to the contrary, the bailee is bound to deliver to

the Baylor, or according to his directions, any increase or profit which may have accruedfrom the goods bailed.