RESEARCH

METHODOLOGY
& IPR
Dr Raje Siddiraju Upendra, MTech,
Ph.D., LMISTE
 • Copyrights and Related Rights:
• Classes of Copyrights. Criteria for Copyright. Ownership of
Copyright.
• Copyrights of the Author. Copyright Infringements.
Copyright Infringement is a Criminal Offence.
Copyrights • Copyright Infringement is a Cognizable Offence.
and Related • Fair Use Doctrine. Copyrights and the Internet. Non-
Copyright Work.
Rights:(5 • Copyright Registration. Judicial Powers of the Registrar of
Hours) Copyrights.
• Validity of Copyright. Copyright Profile of India. Copyright
and the word ‘Publish’.
• Transfer of Copyrights to a Publisher. Copyrights and the
Word ‘Adaptation’.
• Copyrights and the Word ‘Indian Work’. Joint Authorship.
• Copyright Society. Copyright Board. Copyright Enforcement
Advisory Council (CEAC). International
• Copyright Agreements, Conventions and Treaties. Interesting
Copyrights Cases.
 Intellectual Property Rights
- Copyright for Engineers

Objective: To understand the

principles of copyright law as they
apply directly to the creation,
protection, and use of software,
hardware designs, data, and other
intellectual outputs in engineering.
 Classes of Copyrights
(Subject Matter of Copyright)
Copyright does not protect ideas themselves but
the expression of those ideas in a tangible form. The
relevant classes for engineers include:

[Link] Work:
• This is the most crucial category. It includes computer
programs, tables, compilations, and computer
databases. Source code and object code are protected
as literary works.
• Example (CSE/ISE): The source code for a new sorting
algorithm, a web browser, or an operating system like
Linux.
• Example (AIML): The Python code for a neural network
model, including the unique architecture and
implementation details.
• Example (ECE): The code written for an embedded
system (e.g., firmware for a drone's flight controller).
 Classes of Copyrights (Subject Matter of Copyright)

2. Artistic Work:
• Includes drawings, diagrams, maps, and charts. This protects technical plans and
designs.
• Example (Mechanical): CAD/CAM drawings and blueprints for a new internal
combustion engine component or a robotic arm assembly.
• Example (ECE): The layout design of an integrated circuit (IC) or a printed circuit
board (PCB).

3. Cinematograph Film:
• Any work of visual recording. This includes animation, video games, and simulation
videos.
• Example (CSE/AIML): The rendered cut-scenes in a video game, an animated
simulation of a fluid dynamics model, or a demo video of an AI agent navigating a
virtual environment.
 Classes of Copyrights (Subject Matter of Copyright)

4. Sound Recording:
• This protects the recorded sound itself, separate from the underlying
musical work.
• Example (ECE): A recorded dataset of engine sounds used to train an AI
for predictive maintenance.

5. Dramatic Work:

• Includes any piece for recitation, choreography, or entertainment in a

dumb show.
• Example (CSE): The unique sequence and narrative of a virtual reality
(VR) training simulation.
 For a work to be copyrighted, it must satisfy two fundamental
criteria:
• Originality: The work must originate from the author and must

Criteria
not be copied from another work.
• It requires a "minimum degree of creativity" or "skill and

for judgment" (the standard varies by jurisdiction but is generally

low).

Copyright • Example: A standard "Hello World" program is not

copyrightable due to a lack of originality. However, a
complex software architecture implementing a novel
solution to a problem is highly original.
• Fixation: The work must be fixed in a tangible medium of
expression, from which it can be perceived, reproduced, or
communicated for more than a transitory duration.
• Example: Code saved to a hard drive (tangible), a design
sketched on paper (tangible), an algorithm explained
verbally in a meeting (not fixed, hence not copyrighted at
that moment).
 • General Rule: The author (the person who
creates the work) is the first owner of the
copyright.
Ownership • Exception - Work Made for Hire: If a work is
created by an employee in the course of their
of Copyright employment, the employer is the first
owner of the copyright, unless there is a
contract stating otherwise.
• Example: A software engineer at Google
writes code for a new feature in the Android
OS. Google owns the copyright to that code.
• Example: A mechanical engineer at Tesla
designs a new battery cooling system as
part of their job. Tesla owns the copyright to
the design drawings.
Copyrights of the Author

• The author (or owner) enjoys a bundle

of exclusive rights, including the right
to:
• Reproduce the work (make copies).
• Issue copies to the public.
• Perform the work in public.
• Make adaptations and translations
(e.g., porting code from Python to
C++).
• Communicate the work to the public
(e.g., making software available
online).
 Infringement occurs when a person
exercises any of the exclusive rights of the
copyright owner without a license or
permission.
It can be direct or indirect.
• Example (Direct - CSE): Copying the
source code of a proprietary software
Copyright library and using it in your own
commercial application without
Infringements purchasing a license.
• Example (Indirect - Mechanical): Using
pirated CAD software (e.g., SolidWorks
or AutoCAD) to create designs for
commercial sale. The user is liable for
using an infringing copy.
• Example (AIML): Scraping a website's
proprietary database (a copyrighted
compilation) to train your commercial
AI model without permission.
 Criminal Offence:

• In India under the Copyright Act, 1957,

Copyright infringement is not just a civil wrong (where you
Infringement is a can be sued for damages) but also a criminal
Criminal Offence & offence.
• This means the state can prosecute the infringer,
7. A Cognizable leading to imprisonment (up to 3 years) and
fines (up to ₹2,00,000).
Offence
Cognizable Offence:

• A cognizable offence is one where a police

officer can arrest without a warrant and
investigate without the permission of a court.
• This makes the law against piracy and software
infringement very powerful.
 • This is a critical defense against a claim of
infringement.
• It allows limited use of copyrighted material
without permission for purposes such as
criticism, comment, news reporting, teaching,
Fair Use scholarship, and research.
Doctrine (Fair • The courts consider four factors:
Dealing in • The purpose and character of the use (commercial
vs. non-profit educational).
India) • The nature of the copyrighted work.
• The amount and substantiality of the portion
used.
• The effect of the use upon the potential market for
the original work.
 Engineering
Examples
• Example (Education - CSE):
• A professor including short, relevant snippets
of open-source code in a textbook to explain a
programming concept is likely fair use.
• Example (Research - AIML):
• A research paper using small, normalized
datasets from a proprietary database to
critique or validate an algorithm may be
considered fair dealing.
• Counter-Example (Commercial):
• A startup copying a substantial, core function
("the heart") of a competitor's software to save
on development costs is not fair use; it's
infringement.
Copyrights and the Internet

• The internet is a massive medium for

reproduction and communication, making
it a hotspot for infringement.
• Digital Piracy: Illegal downloading of
software, e-books, and engineering
simulation tools (e.g., ANSYS, MATLAB).
• Liability of Intermediaries: Internet
Service Providers (ISPs) and platform
providers (like GitHub or Google Drive)
are generally not liable for user-uploaded
infringing content if they comply with
"notice and takedown" procedures.
 • Certain things are not protected by copyright:
• Ideas, procedures, methods of operation, or
mathematical concepts.
• Example (AIML): The idea of using a convolutional
Non- neural network (CNN) for image recognition is not
copyrightable.
Copyright • However, the specific Python/TensorFlow code
implementing that CNN is.
Work • Facts and data.
• Example: A database of sensor readings from a weather
station is a collection of facts.
• The selection and arrangement of that data into a unique
database may be copyrighted, but the raw data itself is
not.
• Works in the public domain (copyright term has
expired).
 Copyright Registration

Automatic Protection: Copyright exists automatically from the moment a

work is created and fixed.

Advantage of Registration: In India, registration with the Copyright

Office provides a prima facie evidence of ownership in court.
It creates a public record and is very useful in litigation.

Example: A small software startup should register its core software product.
If a large company copies it, the registration certificate makes it much easier to
prove ownership in court.
Judicial Powers of the Registrar
of Copyrights (India)
The Registrar of Copyrights functions as both an
administrative head and a quasi-judicial authority
under the Copyright Act, 1957.
These powers are crucial for maintaining the integrity of
copyright records and resolving disputes.
1. Power to Register Copyrights
Function:
• The Registrar examines applications, conducts
inquiries if needed, and registers works across
categories—literary, artistic, musical, software, etc.
• Engineering Example:
• CSE/AIML: Registration of a novel machine learning algorithm
or source code.
• Mechanical: Registration of simulation videos or CAD designs
used in teaching.
Judicial Powers of the
Registrar of Copyrights (India)

2. Arbitration in Copyright Assignment Disputes

• Function: Acts as an arbitrator when disputes
arise over ownership or assignment of copyrights,
especially in collaborative or institutional settings.
• Legal Basis: Has powers akin to a civil court
under the Code of Civil Procedure, 1908.
• Engineering Example: ISE:
• Dispute between faculty and institution over
ownership of a smart agriculture dashboard.
ECE: Conflict over authorship of a patented biosensor
design co-developed by multiple researchers.
 • Function: Can correct, update, or remove
entries in the Register of Copyrights to
reflect accurate ownership, authorship, or
Rectification publication details.
of the • Legal Standing: Entries in the Register
Register of serve as prima facie evidence in court.
Copyrights • Engineering Example:
• AIML: Updating the author list of a dataset
after resolving a joint authorship dispute.

• Mechanical: Correcting publisher details for a

simulation-based textbook.
4. Quasi-Judicial Powers Scope Includes:
• Summoning witnesses
• Receiving evidence
• Issuing orders akin to civil court proceedings
Engineering Example:
CSE: Investigating unauthorized use of a registered compiler in commercial
software.
ECE: Hearing a case where a student claims sole authorship of a sensor
firmware developed in a lab.
5. Management of the Copyright Office
• Function: Supervises the Copyright Office, ensures compliance with
statutory procedures, and oversees Deputy Registrars.
• Engineering Example:
Ensuring that institutional copyright filings (e.g., REVA University’s
research outputs) are processed efficiently and transparently.
Would you like a visual flowchart or classroom-ready slide deck
summarizing these powers with engineering-specific illustrations? I can
also help draft case-based discussion prompts for your students.
Validity of Copyright

For Literary, Dramatic, Musical, and Artistic

works: Lifetime of the author plus 60 years after
the year of their death.

For Cinematograph Films, Sound Recordings,

Photographs: 60 years from the date of publication.
 Type of Work Duration of Engineering-Relevant Examples
Copyright
Literary, Dramatic, Lifetime of the author + 60 - Source code for a compiler (CSE)
Musical, Artistic years (from Jan 1 of the - PCB layout diagram (ECE)
next year after death) - Technical illustrations in a textbook
(Mechanical)
Cinematograph 60 years from the - Simulation video of fluid dynamics (Mechanical)
Films beginning of the calendar - AI training video for gesture recognition (AIML)
year following publication
Sound Recordings 60 years from the - Voice dataset for speech recognition (AIML)
beginning of the calendar - Audio logs from smart irrigation sensors (ISE)

Validity of Photographs
year following publication
60 years from the - Photographic documentation of lab setups (ECE)

Copyright beginning of the calendar - Image dataset for computer vision models
year following publication (AIML)

in India – Anonymous
Pseudonymous
Works
or 60 years from publication - Uncredited technical blog post with embedded
(unless
revealed)
identity is code (CSE)

Summary Government
International
or 60 years from publication - National AI policy document with engineering
case studies (AIML/ISE)

Table Organization Works

Unpublished Works 60 years from creation (if - Internal lab protocol for biosensor calibration
never published) (ECE)

Joint Authorship Lifetime of last surviving - Co-authored paper on AI-enabled water quality
author + 60 years monitoring (ISE + AIML)
Copyright Profile of India –
Overview for Technologists

• India’s copyright framework is

governed by the Copyright Act,
1957, which has evolved through
multiple amendments to address
digital, educational, and
industrial contexts.
• It aligns with global treaties
while preserving national
priorities.
 1. Legislative Foundation

• Primary Law: Copyright Act, 1957

(effective from January 1958)
• Major Amendments: 1983, 1984, 1992,
1994, 1999, and 2012
• Latest Amendment (2012):
• Strengthened digital rights
• Introduced statutory licensing for
broadcasting
• Protected rights of disabled users
• Ensured royalty rights for authors
and composers
2. International Alignment

India is a signatory to key global treaties:

Berne Convention (1886) – automatic protection without

registration
TRIPS Agreement (WTO) – trade-related IP standards

WIPO Copyright Treaty (WCT) and WPPT – joined in

2013
Engineering Implication:

AIML: AI datasets shared globally must comply with

Berne Convention.
CSE: Software licensing must respect TRIPS-compliant IP
norms.
Institutional Framework in India
Body Role
Copyright Office Administers registrations, maintains records, and
handles public queries

Registrar of Copyrights Quasi-judicial authority for disputes and

rectifications

Copyright Board (now Adjudicates complex copyright cases

IPAB)
Copyright Societies Collect and distribute royalties to authors and rights
holders

CEAC (Enforcement Advises on enforcement and anti-piracy strategies

Advisory Council)
Scope of Protection

Protected works include: Engineering Examples:

Literary (e.g., software code, research papers) ECE: Copyright on sensor firmware and PCB
Artistic (e.g., CAD designs, UI mockups) schematics

Cinematographic (e.g., simulation videos) ISE: Smart agriculture dashboards and IoT
protocols
Sound recordings (e.g., biometric audio logs)
Mechanical: Simulation videos and design
Musical (e.g., signal-based compositions) blueprints
 "Publication" means making a work
available to the public by issue of copies or
by communicating the work to the public.
Copyright
and the word Example: Releasing version 1.0 of your
‘Publish’ software for download on your website
constitutes publication.

The 60-year term for software as a literary

work is calculated from the author's death,
not publication.
Transfer of Copyrights
to a Publisher
• Copyright is a transferable property.
• It can be assigned (transferred) or
licensed (permission to use) through a
written contract.
• Example (CSE): An independent game
developer signs a publishing deal with
Electronic Arts.
• The contract will explicitly state whether
the developer is assigning the full
copyright to EA or merely granting
an exclusive license to publish and
distribute the game.
Copyrights and the Word
‘Adaptation’

• In copyright law, adaptation includes

converting a work from one form to
another.
• For software, this includes:
• Translating code from one programming
language to another (e.g., Java to C#).
• Creating a derivative work based on the
original program.
• Example: Reverse engineering a software's
functionality to create a compatible
program can sometimes lead to
infringement if it involves copying the
"non-literal elements" (structure, sequence,
and organization) and not just the
underlying ideas.
 Copyrights and the Word
‘Indian Work’
• Legal Definition
• Under the Copyright Act, 1957, the term
“Indian Work” refers to a work that satisfies
any of the following conditions:
• It is first published in India.
• It is created by an Indian citizen, regardless
of where it is published.
• It is created by a person domiciled in India.
• It is published by a government body or
public undertaking in India.
• This classification is important for
determining:
• Jurisdiction of copyright protection
• Eligibility for statutory licenses
• Applicability of Indian copyright duration
and enforcement provisions
 Engineering-Relevant Examples
Type of Work Duration of Copyright Engineering-Relevant Examples
Literary, Dramatic, Musical, Lifetime of the author + 60 years (from Jan 1 - Source code for a compiler (CSE)
Artistic of the next year after death) - PCB layout diagram (ECE)
- Technical illustrations in a textbook (Mechanical)
Cinematograph Films 60 years from the beginning of the calendar - Simulation video of fluid dynamics (Mechanical)
year following publication - AI training video for gesture recognition (AIML)
Sound Recordings 60 years from the beginning of the calendar - Voice dataset for speech recognition (AIML)
year following publication - Audio logs from smart irrigation sensors (ISE)
Photographs 60 years from the beginning of the calendar - Photographic documentation of lab setups (ECE)
year following publication - Image dataset for computer vision models (AIML)
Anonymous or Pseudonymous 60 years from publication (unless identity is - Uncredited technical blog post with embedded code
Works revealed) (CSE)
Government or International 60 years from publication - National AI policy document with engineering case
Organization Works studies (AIML/ISE)
Unpublished Works 60 years from creation (if never published) - Internal lab protocol for biosensor calibration (ECE)
Joint Authorship Lifetime of last surviving author + 60 years - Co-authored paper on AI-enabled water quality
monitoring (ISE + AIML)
Why It Matters

International
Legal Protection: Royalty Rights:
Recognition:
•Indian Works are •Authors of Indian •Indian Works are
protected under Works are protected in
Indian law even if entitled to Berne Convention
used abroad. royalties under countries without
Indian copyright registration.
societies.
Joint Authorship

When a work is prepared by two or

more authors with the intention of
merging their contributions into a The copyright is shared jointly.
single, inseparable work, it is a
work of joint authorship.

Example: A team of three engineers

(a CSE, an ECE, and an AIML
specialist) collaboratively write the They are joint authors and joint
integrated software and hardware owners of the copyright.
control system for an autonomous
robot.
Legal Definition

Under Section 2(z) of the Indian Copyright

Act, 1957:

This means:
• The work must be a true collaboration.
• Contributions must be inseparable or
interdependent.
• All authors must meet the criteria for
copyright independently.
 Rights of Joint Authors
• Equal Ownership: Each author
owns the copyright jointly,
regardless of the proportion of
contribution.
• Consent Required: No joint author
can license or assign the work to a
third party without the explicit
consent of the others.
• Shared Benefits: All earnings or
royalties must be accounted for and
shared.
• Legal Remedies: Each co-author can
seek injunctions, damages, and legal
protection.
 Engineering-Relevant Examples

Type of Work Duration of Copyright Engineering-Relevant Examples

Literary, Dramatic, Musical, Artistic Lifetime of the author + 60 years - Source code for a compiler (CSE)
(from Jan 1 of the next year after - PCB layout diagram (ECE)
death) - Technical illustrations in a textbook (Mechanical)
Cinematograph Films 60 years from the beginning of the - Simulation video of fluid dynamics (Mechanical)
calendar year following publication - AI training video for gesture recognition (AIML)
Sound Recordings 60 years from the beginning of the - Voice dataset for speech recognition (AIML)
calendar year following publication - Audio logs from smart irrigation sensors (ISE)
Photographs 60 years from the beginning of the - Photographic documentation of lab setups (ECE)
calendar year following publication - Image dataset for computer vision models (AIML)
Anonymous or Pseudonymous 60 years from publication (unless - Uncredited technical blog post with embedded code
Works identity is revealed) (CSE)
Government or International 60 years from publication - National AI policy document with engineering case
Organization Works studies (AIML/ISE)
Unpublished Works 60 years from creation (if never - Internal lab protocol for biosensor calibration (ECE)
published)
Joint Authorship Lifetime of last surviving author + - Co-authored paper on AI-enabled water quality
60 years monitoring (ISE + AIML)
Practical Implications in
Academia

• Thesis & Publications: Joint authorship must

be clearly declared in papers, especially when
contributions are merged.
• IPR Filing: Patents or copyrights filed jointly
must reflect equal ownership unless otherwise
agreed.
• Conflict Resolution: Disputes over licensing
or publication must be resolved with mutual
consent or arbitration
Copyright Society

• A copyright society is a registered collective administration society that

grants licenses and collects royalties on behalf of its members (copyright
owners).
• For engineers, this is less common than for musicians or filmmakers, but
it could apply to specific types of software or digital content.

Copyright Board (Now replaced by Intellectual Property Appellate

Board - IPAB, and subsequently by Commercial Courts)

• This was a quasi-judicial body that adjudicated certain copyright

disputes, particularly appeals against the Registrar's decisions
and disputes related to compulsory licenses.

Copyright Enforcement Advisory Council (CEAC)

• A government body in India that advises on issues related to the

enforcement of copyright laws and coordinates efforts against
piracy.
International Copyright Agreements –
Relevance to Indian Engineering and Research

These agreements foster

India’s copyright regime is reciprocity, minimum
deeply influenced by global standards, and legal
treaties that ensure protection harmonization, enabling
of creative works across Indian engineers, researchers,
borders. and educators to safeguard
their work internationally.
Key International Copyright Agreements

Agreement / Treaty Year India’s Status Key Provisions

Berne Convention 1886 Member since Automatic protection without registration; national treatment; moral
1928 rights
Universal Copyright Convention 1952 Member Alternative to Berne; simpler formalities for developing nations
(UCC)
Rome Convention 1961 Member Protects performers, producers of phonograms, and broadcasting
organizations
TRIPS Agreement (WTO) 1995 Member since Links IP protection with international trade; enforces copyright via
1995 WTO mechanisms
WIPO Copyright Treaty (WCT) 1996 Joined in 2013 Addresses digital rights, software, and internet-based works
WIPO Performances and 1996 Joined in 2013 Protects rights of performers and producers in digital environments
Phonograms Treaty (WPPT)
International Copyright Order 1999 Domestic Extends protection to foreign works under Berne Convention
(India) implementation
 Engineering-Relevant Implications

Domain Scenario
CSE Indian-developed software (e.g., compiler or ML model) is protected in Berne
Convention countries

AIML Annotated datasets shared globally must comply with TRIPS and WCT standards
Mechanical Simulation videos published in Indian journals are protected abroad under Berne
ISE Smart agriculture dashboards can be licensed internationally with TRIPS-compliant
clauses

ECE Sensor firmware and circuit designs published in India enjoy reciprocal protection
overseas
Core Principles of
International Copyright

• National Treatment: Foreign authors

receive the same protection as domestic
authors.
• Automatic Protection: No need for
registration in member countries.
• Minimum Standards: Duration, scope,
and enforcement are harmonized.
• Digital Adaptation: Treaties like WCT and
WPPT address online and software-based
works
Indian Adaptation & Enforcement
• India has amended its Copyright Act
(especially in 2012) to align with these
treaties:
• Strengthened digital rights
• Protected performers and software
creators
• Enabled statutory licensing for
broadcasting
• Recognized moral rights and royalty
entitlements
• Courts in India have upheld international
copyright norms, protecting foreign
works such as:
• Software tools
• Technical books
• Engineering illustrations
• AI-generated content
 • A landmark case for software. Oracle sued Google for
copying portions of the Java API (Application
Interesting Programming Interface) to create Android.
Copyright Cases • The Court ruled that Google's use was a "fair use" as a
(Engineering matter of law, allowing the reuse of interfaces for
Focus) Oracle v. interoperability.
Google (2021 - • This is a huge precedent for software development
and innovation.
U.S. Supreme
• Concept: It highlighted the complex balance between
Court): protecting expression (the specific code of the API)
and allowing the use of underlying systems and
methods necessary for progress.
 Trademarks:
• Eligibility Criteria.
• Who Can Apply for a Trademark?
• Acts and Laws. Designation of Trademark
Trademarks: • Symbols. Classification of Trademarks.
Module-4 (5 • Registration of a Trademark is Not Compulsory.
Hours) • Validity of Trademark. Types of Trademark
• Registered in India. Trademark Registry.
• Process for Trademarks Registration.
• Prior Art Search.
• Famous Case Law:
• Coca-Cola Company vs. Bisleri International Pvt.
Ltd.
 Trademarks: Eligibility
Criteria

•Definition: A trademark is any word, logo, symbol,

design, phrase, sound, color, or combination used to
identify and distinguish goods or services of one
entity from another.
•Eligibility Conditions
•Should be distinctive (not generic/common).
•Should not be deceptive, offensive, or contrary
to law.
•Should not be identical or similar to an existing
registered trademark.
•Should be capable of being graphically
represented
In engineering contexts:

ECE Example:
•A company designing wireless communication chips (e.g., a 5G antenna module) could register a stylized
waveform logo as a trademark, provided it graphically represents the brand and distinguishes it from competitors
like Qualcomm's Q-logo. If the mark is merely descriptive (e.g., "WAVECHIP" without stylization), it may fail
eligibility unless it acquires distinctiveness through use.
CSE Example:
•Software developers creating operating systems might seek to trademark a boot screen icon, ensuring it's not
generic (e.g., a plain "OS" text) but a unique design like Ubuntu's spinning circle.
ISE Example:
•For database management tools, a company could trademark a query visualization icon, but it must avoid shapes
dictated by technical necessity (e.g., a generic table grid).
AI/ML Example:
•An AI model training platform might register a neural network silhouette as a mark, eligible if it doesn't deceive
users into thinking it's affiliated with established tools like PyTorch.
Mechanical Example:
•A robotics firm producing gears could trademark a interlocking gear emblem, eligible only if it's not a functional
shape essential to the product's performance.
Who Can Apply for a
Trademark

• Any of the following can

apply:
• Individual
• Partnership Firm
• Company / Startup /
MSME
• Trust / Society /
Government Agency
Engineering Based
Examples
•ECE Example: An individual ECE innovator prototyping IoT
sensors can apply personally for a personal brand mark like a
custom circuit badge.
•CSE Example: A CSE startup developing apps can apply as a
body corporate for their app icon, even if bootstrapped.
•ISE Example: An ISE consultancy firm offering cloud storage
solutions can apply as a partnership for a data flow diagram
logo.
•AI/ML Example: AI/ML researchers forming a society can
collectively apply for a collaborative tool's watermark mark.
•Mechanical Example: A mechanical engineering HUF
running a workshop can apply for a lathe tool emblem under
family proprietorship.
Acts and Laws Governing
Trademarks

• In India, trademarks are governed by the:

• Trade Marks Act, 1999
• Trade Marks Rules, 2017
• International agreements like:
• Paris Convention
• TRIPS Agreement under WTO
• Madrid Protocol for international trademark
registration
• Relevance for Engineers
Engineers must know legal protection for their project
branding, especially if planning to commercialize
products, patents, or software.
Engineering contexts:
ECE Example: Under the 1999 Act, an ECE firm registering a radar display mark must
comply with Section 9 (absolute grounds) to avoid conflicts with defense-related emblems.

CSE Example: CSE coders using open-source icons must navigate Section 11 (relative
grounds) to prevent infringement claims under the Act.

ISE Example: ISE data analytics tools fall under service classes, protected via the Act's
passing-off provisions.

AI/ML Example: AI/ML algorithm brands invoke the Act's well-known mark protections
against copycats.

Mechanical Example: Mechanical CAD software interfaces are safeguarded by the Act's
device mark provisions.
 Designation of Trademark Symbols
Registered trademarks are Symbol Meaning Usage
designated with the
• ® symbol (indicating statutory Applied-for
Used during
protection). trademark (not
application process
• Unregistered marks use (for yet registered)
goods) or ℠ (for services) to
claim common law rights.
• The ® can only be used post-
registration; misuse invites ® Registered
trademark
Used after registration
is complete
penalties under Section 107.
• These symbols signal Used for services
enforcement intent without
legal effect on validity. ℠ Service mark (especially
IT/software)
 ECE Example: An ECE telecom device branded
"SignalPro " uses pre-registration; post-registration,
"SignalPro®" on circuit boards.
CSE Example: A CSE antivirus app uses "SecureNet℠" for
service claims during beta testing.

Engineering ISE Example: ISE network tools mark "DataLink " on

contexts: packaging to deter copies.

AI/ML Example: An AI/ML chatbot platform uses

"BrainWave®" after registration to protect neural interfaces.

Mechanical Example: Mechanical turbine parts use

"TurboForce " on prototypes.
Classification of Class Examples
Trademarks
Electronics, software, AI tools
Class 9
• Trademarks are classified under the Nice
(ECE, CSE, AI-ML)
Agreement into 45 classes:
• Classes 1-34 for goods (e.g., Class 9 for Machines, mechanical tools
electronics/software) and 35-45 for Class 7
services (e.g., Class 42 for tech services). (Mechanical)
• Multi-class applications are allowed.
Misclassification leads to refusal
Scientific and technological
• India follows the Nice Classification
(NCL) system with 45 classes: Class 42 services, software development
• Classes 1–34: Goods (ISE, CSE, AI-ML)
• Classes 35–45: Services
Engineering contexts:
• ECE Example: ECE semiconductors in
Class 9; repair services in Class 37.
• CSE Example: CSE apps in Class 9; IT
consulting in Class 42.
• ISE Example: ISE databases in Class 9;
data processing in Class 42.
• AI/ML Example: AI/ML models in
Class 9; machine learning services in
Class 42.
• Mechanical Example: Mechanical
engines in Class 7; design services in
Class 42.
Field Goods Class Example Services Class Example
ECE Class 9: Antennas Class 37: Installation
CSE Class 9: Software Class 42: Development
ISE Class 9: Hardware Class 42: Maintenance
AI/ML Class 9: Algorithms Class 42: Training
Mech Class 7: Machines Class 42: Engineering
Registration of a Trademark
is Not Compulsory

• Trademark registration is optional but highly

recommended.
• Unregistered marks get only limited protection
under Passing Off.
• Registered marks get stronger protection and legal
remedies.
• Example
• If your student project name is unregistered,
others can legally use it.
• Registration provides exclusive ownership and
legal rights.
In engineering contexts:
• ECE Example: An unregistered ECE
sensor brand relies on passing off if a
competitor copies its packaging design.
• CSE Example: Unregistered CSE game
logos use passing off against app store
mimics.
• ISE Example: ISE cloud services without
registration defend via goodwill in user
testimonials.
• AI/ML Example: An unregistered AI/ML
framework passes off against forked
repos.
• Mechanical Example: Unregistered
mechanical tool shapes use passing off
for trade dress.
 • A registered trademark is valid for 10 years from the
filing date, renewable indefinitely every 10 years (Form
TM-12, fee ~INR 9,000).
• Non-use for 5 continuous years before challenge invites
rectification (Section 47). Well-known marks have
Validity of perpetual protection.
• In engineering contexts:
Trademark • ECE Example: An ECE chip mark renewed every decade
to maintain validity amid tech evolution.
• CSE Example: CSE OS trademarks checked for 5-year use
to avoid cancellation.
• ISE Example: ISE system marks renewed to cover ongoing
services.
• AI/ML Example: AI/ML tool marks validated through
continuous model updates.
• Mechanical Example: Mechanical part marks renewed
despite design iterations.
 • Types include: Word (e.g., "GOOGLE"), Device/Logo
(e.g., Apple's apple), Service (e.g., "UBER" for rides),
Collective (e.g., IEEE for engineers), Certification (e.g.,

Types of
ISO for quality), Well-known (e.g., "INTEL"), and Non-
traditional (sound like Nokia tune, shape like Coke
bottle, color like Tiffany blue). Acquired distinctiveness

Trademark allows descriptive marks (e.g., "SHARP" for TVs).

• In engineering contexts:

Registered • ECE Example: Sound mark (beep tone) for ECE

devices; shape mark for antenna housings.

in India • CSE Example: Word mark "PYTHON" (acquired

distinctiveness); color mark for code editors.
• ISE Example: Collective mark for ISE associations;
certification for secure data standards.
• AI/ML Example: Motion mark (animating neural
net) for AI demos.
• Mechanical Example: 3D shape mark for gear
configurations
 Types of Trademark Registered in India

Type Description Example (Engg)

Word Mark Name/word “RoboMate” (AI robot)
Logo/Device Mark Image, logo Custom logo for ECE chip
Tagline/Slogan Phrase “Code the Future”
Shape Mark 3D shape Shape of a drone
Sound Mark Unique sound Startup chime for IoT device
Unique red-black pattern on
Color Mark Distinct color combo
mechanical tools
Office of the Controller General of
Patents, Designs and Trade Marks
(CGPDTM) — Trademark Registry in
India

• Head Office: Mumbai

• Branches: Delhi, Chennai, Kolkata,
Ahmedabad
• Responsible for:
• Receiving and processing
applications
• Examination and hearing
• Publication in Trade Marks Journal
• Grant of trademark certificates
Trademark Registry
The Trademark Registry (TMR), under the Controller General of
Patents, Designs & Trade Marks (Department for Promotion of
Industry and Internal Trade, Ministry of Commerce), has five
offices: Mumbai (Head), Delhi, Ahmedabad, Chennai, Kolkata. It
handles filings, examinations, oppositions, and journals. Online
portal ([Link]) for e-filings.

In engineering contexts, ECE/CSE firms file in Delhi for

tech hubs; mechanical in Mumbai for manufacturing.
 Process for Trademark Registration

Prior Art Search

Filing application Examination by
Step-wise Flow (to ensure
(Form TM-A) registry
uniqueness)

Registration and
Reply to Publication in Opposition period
certificate
objections (if any) journal (4 months)
issuance

Example
•A team in AI-ML creates an
autonomous vehicle system
called “AutoMind” → do a
search → apply → get
registered to avoid misuse
by competitors.
Process for Trademarks
Registration

•Pre-filing Search: Check availability.

•File Application: Online/offline with Form TM-A,
mark representation, class, fees (~USD 120/class).
•Examination: Absolute/relative grounds review;
respond to objections within 1 month.
•Publication: In Trade Marks Journal if accepted; 4-
month opposition window.
•Registration: Certificate issued if unopposed; 18-
24 months typical. Madrid Protocol for international
filings.
In engineering contexts:

• ECE Example: File device mark for chip in

Class 9 via e-portal.
• CSE Example: Multi-class for software (9) and
services (42).
• ISE Example: Respond to objections on
descriptive data icons.
• AI/ML Example: Claim priority from US filing
for AI tools.
• Mechanical Example: Oppose similar gear
logos during publication.
 • In trademarks, this refers to a "prior mark search" (not
patents' prior art) to check for conflicting existing marks via
TMR database, WIPO, or AI tools (introduced 2024).
Essential to avoid refusals/oppositions; includes common
law marks via Google/news searches. Costs ~INR 5,000-
10,000 professionally.
• In engineering contexts:
• ECE Example: Search for waveform marks before ECE
router branding.

Prior Art Search • CSE Example: Database scan for app icons in CSE
ecosystems.
• ISE Example: Semantic search for data viz similarities.
• AI/ML Example: ML-assisted search for neural icon
conflicts.
• Mechanical Example: Global scan for machinery
emblems.
• Relevant Case Study: Laxmikant V. Patel v. Chetanbhai
Shah (2002) stressed pre-use searches to prevent passing
off in mechanical printing presses.
 • Background and Facts: This 2013 Delhi High Court case (the "Maaza

Famous Case War") involved Coca-Cola's acquisition of the "MAAZA" mango drink
trademark via a 1994 licensing agreement with Bisleri's affiliates. Bisleri
later revoked the license, claiming territorial limits to India, and

Law: Coca- threatened to relaunch "MAAZA" domestically while exporting infringing

products.

Cola
• Legal Issues: Jurisdiction under Trade Marks Act Section 134;
infringement and passing off under Sections 29/27; global assignment
scope.

Company vs. • Court's Decision: The court affirmed jurisdiction (cause of action in
Delhi via notices/advertising) and granted a permanent injunction
against Bisleri's use/export of "MAAZA." It ruled the assignment

Bisleri unconditional and global, with advertising constituting "use," allowing

preemptive ("quia timet") actions. Coca-Cola awarded costs; no
damages quantified.

International • Implications: Reinforces assignee's worldwide rights post-assignment,

even for unregistered aspects; exporting under assigned marks is

Pvt. Ltd.
infringement. Relevant for engineering multinationals (e.g., CSE firms
assigning software brands globally) to conduct thorough prior searches
and draft clear territorial clauses. Sets precedent for quia timet relief in
fast-paced tech disputes, influencing AI/ML and mechanical export
protections
Case Studies / Examples for Different
Engineering Branches

Branch Example Trademark Type Importance

Logo and brand for new Protects market identity
ECE Logo + Word Mark
sensor chipset from imitation
Brand name for an IDE or Prevents software name
CSE Word Mark
compiler from being copied
Workflow optimization Builds brand trust and
ISE Service Mark (Class 42)
platform credibility
ML model for medical
AI-ML Word + Logo Prevents brand confusion
diagnostics
New brand of high-torque Ensures exclusivity of
Mechanical Logo + Shape mark
motors design and symbol
THANK YOU