 especially honorable Mrs. Justice Pratibha I am saying. It gives a sense of pride that once the issue of intellectual property, since we started large number of webinars, the issue was that you should always have a webinar on intellectual property. But very interesting fact used to be that since you have been calling large number of people, so why not have a person who had a mastery as a lawyer and thereafter as a judge in the intellectual property. So we are quite enamoured for the fact that Justice Pratibha Singh has acceded to our invitation and the participants will be enlightened from the knowledge she will disseminate. Two facts I will just state therein because I know that people are more interested to hear from Justice Pratibha Singh. That she has been a gold medallist in NLU and once you are a... I am not from NLU, I am from University Law College. Okay, I stand corrected. She is a gold medallist and once they say that once you are a gold medallist and having a knowledge from that person is Sonepe Swahaga what we generally say. And she has studied from Cambridge and then there is a scholarship under her name. Without taking much time I will request Justice Pratibha Singh to give us the insights. We all know that there is a time constraint but we are quite sacrosanct that all issues would be touched in a bird eye view. The question and answers will be taken after around 30-35 minutes. Prior to that we wish that the question may not be posted. The question should be posted in around 5-35 onwards and we will try to cover all the questions which could be done within the time stream. Thank you ma'am. We are all so delighted that during this lockdown time the minds can be unlocked from a person who is well known name within the intellectual property. Thank you ma'am. Very good evening to all of you today. And I can already see a large number of friends, family of faces, colleagues from the bar. And though many may not be visible today to me, I am really happy to meet each one of you. Vikasji, thank you very much for inviting me today on this webinar on intellectual property. So first of all I asked Vikasji as to what should be the topic. Everybody has read a lot about intellectual property. We all know what intellectual property is. But intellectual property has a very great significance, especially during a pandemic like this. And my intention or purpose in this half an hour would be to just highlight what are all the issues which could come up, which are coming up and which are going to pose very great challenges to the world and to India in the domain of intellectual property. And hopefully there is some clarity at the end of this though as you all know intellectual property is a very, very broad and a very wide subject. And I can only say this that after being a judge, I cannot show my affinity to intellectual property as much as I would before. But to my heart intellectual property is very close and that will continue to remain like that. So it's a very warm afternoon today. It is difficult for all of you to be locked down and still continue to keep the same level of mental and physical health. And therefore I think webinars of this nature, reading of this nature and keeping oneself busy with one's own family and one's own work even within the space of your own home is a big challenge for everybody. And we as judges are trying our best. As you all know, Delhi High Court is one of the few courts in the country where all the judges are working every day through video conferencing. And we are all trying our best to live up to these challenging times. And please don't look bored and you can keep posting questions. I'm sure to the organizers at the allotted time. And I'll be very happy to have questions and answers with you all at the end of the session. So let us start with what are what are all the various types of intellectual property. I think all of you would know it. I won't take more than 10 seconds mentioning this. I'm sure you all know what are trademarks. That's the first and the most important form of intellectual property. Then we have copyright. What could be a trademark? A trademark could be anything like a logo, a name, a slogan, a color or trade dress or anything. We all know what are copyrights. Copyrights are also something very basic. There's books, there's movies, there's music, there is software. All this is covered by copyrights. Industrial designs, these are, if I may say covered, you know, whatever is the aesthetic or functional, non-functional look of any beautiful product design can be registered as a design. This is covered in the Designs Act of 2000. Then the most important IPR which we would be spending a little more time today is patents. And I will be coming to patents in a little bit, little time from now because we will be doing it in a little detail manner. Then we have plant varieties like the plants and the varieties and seeds, etc., which are grown across the country. We have geographical indications. You all know what are geographical indications. Like for example, Basmati, Darjeelingti, Kolhapuri Slippers, all these names are geographical indications. They are all registered as geographical indications except the communities or the registrants of these indications, nobody else can use them. So these are geographical indications which are protected under the Act. And then we do have, you know, IPR which is not protected by statute. That is trade secrecy and trade secret laws which are currently only protected by the general law of contracts. So broadly, and then we finally have semiconductors like the chips which go into computers, etc. So broadly there are eight forms of intellectual property. Seven of them are protected by statutes. One of them is protected kind of statute and kind of non-statutory protection. So these are the eight intellectual properties which we recognize and which exist in India. And there is a large amount of jurisprudence litigation which happens in India. In India we have the trademark and the patent offices which are located across the country for jurisdictions. And you can file for trademarks and obtain registrations of trademarks, copyrights, patents and designs. And the best part about intellectual property is it covers everyday life as you will remember. When you for example wake up in the morning and you use a toothpaste, you will know that there is a trademark which is there. Whether it's Colgate, Pepsodent, Viko, Ajadanti or any of those. In the same way when you watch television you know there is copyright. When you read the newspaper there is copyright. When you listen to music in the car there is copyright. When you take your medicines there is patents in it. So almost everything that you do from morning till night is covered and protected by intellectual property. We all feel intellectual property is very complicated and nobody understands it so well. But it is not true. Intellectual property is there in everything. Even the clothes we wear, the food we eat, everything is protected and can be protected by some form of statute. If it is new, if it satisfies the various tests that are required. Now let us come to why is it important to protect intellectual property. It is important to protect intellectual property because anybody who writes or creates or invents something, expects that he would be rewarded for it. It is like standing first in class. When we all write an exam, we know that if we stand first, if we do well, we want to be recognized. In the same way when a person creates or sings a new song, writes a new poem, makes a new movie, invents a new product, he wants to be rewarded for that. The most important thing that changes the society from a normal society to a knowledge society is intellectual property. Let me give you an example. We all use iPhones. This is an example I want to give. When we go to buy an iPhone, a normal iPhone could cost anywhere between 70,000 to 80,000 or even a lakh of rupees. A high level iPhone. Can you imagine what is the money that the cost of manufacturing that iPhone? The cost of manufacturing that iPhone is not more than 10 to 15 dollars. You will be very surprised. When we pay a product, $900 or $800, the Chinese manufacturer who makes it only spends about 10 to 15 dollars. The components in the phone which will be given by the, you know, which are going into the manufacturing process would cost another $300. So you can imagine $300 plus 10 to 15 dollars for the manufacturer who manufactures it. But the actual price in the market is about $900. So the remaining $600 is going into the intellectual property. So therefore in any iPhone, two thirds of the cost is to the intellectual property. One third of the cost is to the actual form. This is how much difference intellectual property makes in any particular of what you say field. You can take a car. You can take any other product. You would realize that, you know, the cost of the product is actually one third of the IPR that goes into that product. And what do we mean by IPR? You know, when we use a phone, we all think, oh my God, can you all imagine lives today during the lockdown without a phone, without a laptop, without a tablet? It is actually not possible. We would all go into depression, I think, without the internet and without iPhones and all these gadgets today. So if you if you actually think about it, the digital technology in the form of chips in the form of screens in the form of components in the form of processing capabilities in the form of different applications. These are the innovations which are made in digital technologies. The fact that all of us are participating today, I can see 120 participants as of today right now on the on the screen. If there are so many people who are able to listen to this particular conference, it is because of intellectual property. A large number of engineers have put their heads together as to how they can speeden up the communication facilities. So that is the value of intellectual property. Now, what is the advantage of intellectual property? Today, can you imagine without digital technology and without the people who create, for example, what do we all do during lockdown in the evening? We all either watch a movie, we all listen to music, we listen to spiritual music in the morning. So all of them are intellectual property copyright protected property. So everything that we are doing as on today, especially during the lockdown is connected with intellectual property. And it actually stimulates our mind. It makes us much more innovative. It creates much more value to what we do in life. See, for example, one of the biggest examples right now, which we saw was when the coronavirus broke down. India suddenly was in the middle of the whole thing. All other countries were requesting for India to send the hydrochloroquine tablets. How do we, why is that? Why was the world requesting India for hydrochloroquine? Because we have a very big pharmaceutical industry here in India, which manufactures very high quality products at a very low cost. So this is innovation. This is the kind of value that a country gets by innovating, by creating new products, by improving technology and by making an advancement in science. For example, let me give the example of Mangalyan. Do you all know why India became so famous during the, for the Mangalyan mission? Because the cost of the Mars mission was one-third the cost of what NASA would have done. And therefore, doing something at a very reasonable cost is by itself an innovation. So while India has done a large amount of progress, this pandemic of Corona has thrown up very, very big challenges to India. Right now, we need to kind of see how to become a self-sufficient country. Now as a country, we need to make sure that all our basic necessities are fulfilled by the country itself, without any important export happening. How can we create that kind of an economy? How can we create that kind of an ecosystem? We can do that by innovating and innovating and innovating. The answer to all the questions that are arising today is innovation. We need to innovate. We need to find new ways of manufacturing goods, providing services for making our country self-sufficient. Can you imagine in the 1960s and 70s, India did not have enough food for its own people. But today, we have food which is grown for this 1.3 billion people population. And still we have excess food. That is because of all the agrarian reforms we've undertaken. We've used so much technology in our agriculture, the white revolution, the green revolution, all that we did helped us in becoming self-sufficient in food. In the same way, the way we've become self-sufficient in food, we should also become self-sufficient in all other areas and walks of life as well. Now, let us come to how we deal with IPR issues during the pandemic. Recently, in Delhi High Court, we had a case where somebody was making masks with Calvin Klein and Tommy Hill figure logos. So can you imagine, somebody was making counterfeit masks using the logos of some foreign brand. So that was like a trademark issue. The other issue was when Detol went to court and said, look, our counterfeit sanitizer is being used. So in a pandemic, a counterfeit product or a counterfeit medicine is much more dangerous. Just imagine if we are using a counterfeit sanitizer and that sanitizer does not have the required level of alcohol. That means it is you are not cleaning your hands with the proper sanitizer. Suppose you are taking palacetamol, crossing, and it is not a genuine crossing. That can affect you. That will ensure that the temperature doesn't come down. So therefore, trademark issues in the field of food, medicine and medicinal kits, diagnostic kits. Imagine using a diagnostic, a coronavirus diagnostic kit, which is knuckly. It's a counterfeit product. So therefore, during the pandemic, courts, lawyers, litigants, manufacturers, everybody has to be more careful to ensure that counterfeit products are not manufactured. And if they are manufactured, they are not permitted to be sold. In order to ensure that, you know, already there is a problem, such a big problem and that such problem should not become aggravated. So, trademark issues have to be very seriously dealt with and considered. For example, Khadi Gramudyog had to file a case recently saying somebody is selling non-Khadi products as Khadi products for masks and PPE kits and everything. So therefore, in a pandemic, trademark issues have to be dealt with more strictly. Now, let us come to copyright issues. Copyright is facing the biggest challenge during pandemic. All our children, as you all know, will be illegally downloading music and movies to watch them on their computers and on their phones. So that is a violation of copyright. Please imagine, as it is, the artists are not being paid anything during the pandemic because they cannot hold concerts. There are no Shadi's taking place. There are no religious ceremonies taking place. So they don't get paid for their concerts. In worst situation, all of us are encouraging people to download illegally from the internet. That is bad. In fact, during this period, all of us should have a social responsibility to ensure that we do not download illegally. We should pay and get through the proper applications the legally downloaded music. Because these apps are so reasonable, 300 rupees a month, you can get complete range of Hindi music, English music. So we should encourage ourselves and our children, etc., our family members not to download illegally music and movies. This is one of the biggest challenge. Then there is another socially important issue. A large number of libraries in the world are making their books free to be read during this period. We should encourage people to go and avail of these libraries, to go and download digital copies and read them. So this is another copyright issue where people themselves have automatically suspended copyright during the pandemic. Recently, the attorney general for India, Mr. KK Venugopal, had shared his entire library of books which were not outside copyright for the legal fraternity. So if you go online and you say KK Venugopal Library, you can get all the books which are available in SAR's library online for you to read it and download it. So why copyright is being protected? There are organizations and individuals who are making copyrighted or non-copyrighted works and their libraries open to the whole world to enable people and children especially. You know, Amarjitra Katha has suspended copyright and has permitted downloading of all its comics free of cost for children during the download pandemic. Can you imagine what a big thing we all spent our childhood reading Amarjitra Katha but today the children can get it free of cost on their iPads. So we should make these things known to our families and our children so they should always try and comply with the law. So copyright violation is a very big problem during the pandemic. Then there is the big problem of YouTube videos. You know, a large number of people make remixes of songs, they upload videos which are violation of copyright and we all enjoy it. So that is posing a very big challenge to copyright owners during the pandemic. Now let us come to patents. Patents are going to be the biggest challenge during the pandemic because as you all know, there are three major things that are being developed which are the things which will be taking us out of this lockdown. First, diagnostic kits are being patented, developed and patented. Two, vaccines are being developed and patented. Three, drugs and medicines are being developed and are likely to be patented. So what happens when all these three categories of products get patents? How are we going to manage the balance to make sure that these products are available for the entire population of the world? It is a very big challenge because why on the one hand, the people who are researching deserve their recognition for finding a medicine or finding a vaccine. On the other hand, the patients of the world, the humanity itself requires vaccines and medicines. So how do we manage this? One of the ways in which I had suggested was pooling of patents. You know, a global patent pandemic pool should be created, which when wearing all the patent owners can come together and they will say that for the sake of the world, we are making all the patented products available at a reasonable cost so that we get a royalty and we are able to make sure that everybody has these products. I wanted to share a recent article which I had written in the Hindu. Can you share it, Vikasri? I will have to unmute you. I can't hear you. Yes ma'am. Can I share that article to you? Ma'am it can be done. I will ask someone. Or I can do it if you permit me. We are allowing you that permission. That would be better. Okay, you allow me. Ma'am then you will also have to stop the annotation because sometimes people do the scribbling. So that pat stopping of annotation would be required. Okay, I don't know how to do that. On the right side itself, you will find that there is a stop annotation once we allow you screen sharing. Okay, sure. Okay, I think I will send you this so that I can keep talking and you can share it in the meantime. So this article, I would request you all to read if possible whenever you have the time. We have a WhatsApp group of around 3000 people will share it in that. Okay, I will just share it with you. Yes, I have just shared it. So in this article, I had suggested that all the global patent owners who would be creating these vaccines, diagnostics and medicines should create what is called PPP, Pandemic Patent Pool. That's the name I had given it. That they should all put their patents there. They should all make it available on our global platform through any international agency for people to be able to access the vaccines and the medicines. But after this article had come in recently in the last one month or so, there are several good developments that have taken place, which I would like to bring to your knowledge. So a large number of companies have actually taken what is called a COVID pledge. So companies like IBM, Microsoft, Amazon, Facebook, et cetera have created what is called a common pool where all the resources which are available for fighting COVID have been put into a common pool. And then they've also like for example, if you see the Oxford research that is currently going on has already been shared with a large number of countries in the world and it is kind of a collaborative effort which is happening and thirdly, even the companies who already have drugs which are patented have entered into various voluntary arrangements to make sure that these drugs are immediately available across the world and that people are not waiting when the drug or the vaccine comes out to then enter into arrangements. So the world is actually kind of preparing itself already in a way to make sure that when a vaccine is found and it is immediately approved then overnight these vaccines and medicines are made available. Now what does the law say on patents? What can the government do and what can every country do? So several countries have enacted what are called COVID-19 laws. So during that like this COVID-19 law for example in Singapore and other countries including Canada and UK have all said that in case of COVID for example they will say that tenants only pay 50% of the rent. So they have brought out laws like that to deal with the COVID situation and in India we have some very interesting provisions both under section 66 of the patent act and section 100, 102, 104. If there is a situation of a sudden need the government has the power to issue a compulsory license. It can also forfeit a patent, it can acquire a patent or it can revoke a patent. But at the moment though the power exists I think that the various developments which have taken place in the last one month do show that the world is working very positively towards making sure that patented products are available across the world and that people and countries do not suffer because of patented products and companies do not hold their products and hold them back from the patient population. Now these are the three or four things that I wanted to speak about IPR but one last thing that I would like to mention is that you know while the coronavirus lockdown has led to a large number of disturbance in our life both mentally, physically, the way we are working and everything, there is one silver lining and that is the silver lining and the positive development towards the environment. The environment has completely changed because of coronavirus. In Delhi we can see a blue sky every day, the air is fresh. This only shows one thing that you know the earth may be saying that mujhe bhi ek break chalye, you know the earth may be saying that I need a break from all the pollution, from all of you moving in and out of your homes and offices all the time. So I just think that you know why the coronavirus has a large negative because a large number of people have been affected, we've lost a large number of friends and you know lives in terms of the world has to see so many casualties, there is so much suffering but on the other hand the environment is recovering, the earth is recovering. You know I wrote an article in the context of the world IP day this time on 26th April in that you will all remember that if you read your jurisprudence and philosophy Aristotle always, Aristotle said man is a social animal, you know he's by nature a social animal and what the lockdown has done is it has taken away the social part of our life. So I wanted to add and say you know man is actually a social animal only if nature permits so therefore if nature doesn't permit us to be social we cannot be social we can only be social through the social media or by digital technologies, not otherwise so therefore I think to be what we were before the coronavirus broke down we should respect the earth, we should take care of the earth's environment and the ecology we should all do as much as we can in terms of our own attempts to maintain the norms for social distancing until vaccines and medicines come we should also use this time to spend time with the people whom we really love and care about this is a unique opportunity for us to increase our knowledge base to read and to actually contemplate on the journey of our journeys of our life I actually think that this is a unique opportunity where God has told us to slow down and maybe every year there should be a compulsory lockdown once in summer once in winter where the world will say for 15 days from June 15th to July 1st and from December 15th to Jan 1st the world will come to a halt this is a time we will give to the earth to repair itself every summer and every winter if this is announced in advance nobody will have the problem like the migrant crisis or the transportation or the whole world will get used to it, they can all reach wherever they want and those 15 days there should be a self-imposed lockdown in the world so I feel that for the sake of the earth, for the sake of the environment this kind of thing maybe it is making us think like that to say that we need to protect this mother earth where we live so that is all I want to say about intellectual property today Ma'am we will meanwhile we have posted that article on the WhatsApp group and we are also sharing it Thank you so much No, in fact it is other way round the point is well taken from you that sometimes we take a topic that intellectual property is with relevance for panoramic and sometimes we have been attending webinars or seminars and we find that in fact there is no relevance the topic continues to go in its own tone just like a tape recorder or a CD without the respect of the topic what has been taken but today we have noticed that the topic was in relevance to the panoramic and it continued with the panoramic and insights like what you explained as to how the iPhone is there or then you explained that for the music industry etc for paying 300 rupees a month it is a point well taken I think large number of people invariably because of lack of knowledge do not understand that there is more of fear psychosis it's just like a corona that people fear more than what people say normally the jokes how does it come when the fear was 100% the disease had only 10% impact now it is 100% and the impact is 10% amongst us meanwhile we will take the start taking questions which have been posted Shruti Jain we will also unmute person if somebody wants to have a direct but we will only request that the question should be related to intellectual property we know that ma'am is intelligent enough to handle all the issues but we will maintain certain parameters that it has to be correlated with the subject subjected to the question Shruti Jain there has been lot of invention which got patented as a result of errors at the end of patent office resulting in a great impact on accessibility and affordability in the time of pandemics like vaccines remedies what are the ways to stop it okay this is a very specific question about remedy severe and so forth these are two drugs which are patented I am not sure why the person who is raising the question says that it is wrongly granted I would presume that if a patent is granted it could be for an innovative drug and if somebody feels that the drug is not is wrongly patented then under section 64 there is a remedy available to seek revocation of the patent I don't think I can comment beyond this because once a patent is granted it is presumed that it has satisfied all the conditions ma'am this is by Siri Nivaz Mulugri it's a quite interesting question it says a student violating copyright act submits his dissertation to the university which is provided by his teacher is such a teacher also liable for the violation of the copyright law or not okay under copyright law when a student uses a copyrighted material for the purpose of thesis the first and the foremost thing is that the student should give acknowledgement in the thesis to the original work you should say that you took it from this paragraph this page or one or two paragraphs from the original work acknowledgement you know copyright from this particular book if you do that much there is no violation of copyright and if that is forwarded by a teacher then there is no violation of copyright however if a complete thesis is a copy from somebody and if the student has completely copied it plagiarized it then I think it's a complete violation of copyright and such a student would in my view not deserve any marks at all but then the point is the teacher may not know it so most of the times the teacher may do it innocently but it is always good for the teacher to verify and check once with the student if he has copied or not copied one question which commonly comes is there any subtle difference between copyright or plagiarism or is it the same as such see plagiarism is a very colloquial term for large scale copyright violation means the whole book or article so in copyright even 10% can be copyright violation plagiarism is like completely you know wholesale copy Sarhansh what are your take away on the important issue of data exclusively in the present scenario because it has not been discussed in any of the policy being formulated by the government and it affects the assess to medicine what is the issue of sorry it is written by Sarhansh it is at 538 but I will read it again what are your take away on the important issue of data exclusivity in the present scenario data what is data data, data, data, data exclusivity because it has not been discussed in any of the policy being formulated by any government and it affects the access to medicine yes data exclusivity is a issue of a very big concern right now for India and for the world in Europe of course the GDPR which has been enacted about a year one one and a half years ago has already come into place in India we have actually taken a very big step forward Justice Sri Krishna's committee has drafted the data exclusivity bill and data protection bill now when there is data the manner in which data can be used is part of this particular bill and I really hope that after the comments etc have been accumulated the bill which shown be you know presented in parliament for being debated so I think India is at a very crucial position right now in terms of data and how it can be used I saw an article two days ago written by Justice Sri Krishna which said that if data relating to patients is used during the pandemic it can be used by completely anonymizing it by removing the name, identity etc so data has to be used even during pandemic and hopefully we will clearly have a law soon Advocate Sujit Pathak says there are many articles slash reading materials on the official website of the Delhi High Court and judicial academies all of them are not open for public viewing is it because of the copyright issues or otherwise I don't know which material you are referring to because our judicial academy mostly is meant for the judicial officers in Delhi and all our judgments on the Delhi High Court are completely open there is no other material available on Delhi High Court most of the material like libraries etc are available only to judges on the Delhi High Court website Raju Chan says what is the hierarchy of courts which can be approached for infringement of copyright infringement of copyright you go straight to the district court where the plaintiff is residing also unlike in CPC where you have to go to the defendants jurisdiction in copyright you have the option of going to the plaintiff's jurisdiction you can go to the district court nothing below that infringement of copyright will go to district court level district judge level ADJ level and then high court and then but in states like Bombay Delhi in high courts like Bombay Delhi Madras, Himachal Pradesh and Calcutta you can go straight to the high court as well So Himachal becomes the exception from the metro Yes For him states which we have Yes Even Jammu Kashmir I think has original jurisdiction Ali if I have a trademark registered in India then can any other manufacturer can any other person manufacture the article with same name and export it to other country where my trademark is not registered No you can't There is a specific section which deals with it I am not sure if it's 56 or 57 57 I guess If you export products from India with a mark which is registered in India that itself is infringement Even if the mark is not registered in the foreign country Some states are charging COVID-19 says Is this right? Is this right as all going through such situation where many are not government advice I can't comment on this because I couldn't understand it Hari Krishnan most of the GIs are owned by the government organizations The GIs owned by the governments are being infringed by third parties but these organizations are not taking any action Can public take up the matter in public interest education and direct these organizations I guess this is from Bangalore from a colleague Mr. Hari Krishnan How are you Mr. Hola? We will unmute Hari Krishnan Namaskar, how are you? So we are on my way just on meeting Yes, see geographical indications mostly a lot of governmental organizations do own the geographical indications Some governmental organizations may not be as active as active as the others But for example the T-Board of India But T-Board of India is very very active They are one of the most successful parties in protecting the Darjeeling tea So I think it is only a question of time And in terms of whether you can file a PIL for it, I cannot comment on that We will be unmuting a casual chance Is the registration fee fixed for copyright registration Or it differs from work to work That is meaning that there is a consolidated fees Or it varies from work to work for the registration It's been sometimes since I filed a copyright application But I think the copyright fee for literary work, musical work, artistic work Would be fixed by the copyright office Ma'am we have unmuted Mr. Hari Krishnan Yes Mr. Hola, how are you? Fine madam, thank you very much Nice to see you In fact you know Mysosilk is such a famous in Bangalore It's so many, about 100 establishments in the same rate mark Is having the same thing And I have sent a letter and the RTI could be Mysosilk You have not taken any action So therefore I am filing an impudition next week So I can only say they are in very safe hands with you Thank you So ma'am during this lockdown period At least one thing is there that like we are Chandigarh base You are in Delhi, he is from Bangalore Anybody could get connected And the things are also spreading just like coronavirus But in a positive sense That people immediately come to know that this webinar is there You are sometimes surprised that all people from far off places As well as the eight places You know they know something Most lawyers are also enjoying it Because they are able to appear in Delhi I called in the morning, Bob I called in the afternoon So they are sitting in one place and appearing across the country And in some cases in front of me I have seen a chance of appearing from London And from foreign countries as well That's true And in fact there was one article also in the live law Baran Mench had read that Now you can appear in different courts at the same time You can request a pass over And you will sometimes come to know that I had requested someone That kindly come on the platform He said no today we are having three cases He is Mr. Sathpal Jain He said that I have Modi's elections petition in the Supreme Court And I have also case in the Chandigarh High Court So to get some other fact what you are stating Love Can Vipo also restrict the patent of COVID-19 medicine As per copyright act 1957 It's the wrong act Whichever act we are concerned with WIPO will not be able to exercise any control Patent rights are territorial in nature It will depend on the law of each country It doesn't depend on an international basis nobody can do Venkatraman AK If a person has taken a copyright on a product No one will be able to produce the same And what if the person takes advantage by increasing the demand And sell it as a high profit Is there any remedy for that or not? See we should not confuse copyright trademark and patents We have to be clear A person who owns a design who owns a copyright Is entitled to sell it at the rate that he wants Unless there is a public health emergency Or a public interest involved An IPR owner is entitled to charge whatever price he wants I don't think we have any questions But as we stated We would be Since once the issues have been discussed As we normally speak in the webinars That if the speaker has been able to cover all the issues Then invariably the questions don't come Because they are already enlightened It is just like Meanwhile I was saying one question I just brought in Can a manufacturing Bhaskar Jha Can a manufacturing company register under copyright A life-saving product to create monopoly or not? Not under copyright A patent act If it is new If it is a new product Since large number of questions are rising What as my lord would have observed That there is some people are Since there is quite overlapping One way would be that I would request Could you highlight the subtle differences Between the copyright act, patent right act And the trademark act Because invariably I have seen that the questions Are coming People just carry that impression As a student of law Let me explain it With the small product itself So this is an actual product That I am going to show you To tell you the difference between Trademark, copyright and patents So that people don't get confused About this So this is a hand sanitizer product I just keep it on my table to use it everyday If you see this This says Law, nature or a gone This is a trademark The manner in which it is written The logo Can also be an artistic work That is a copyright The shape of this bottle Can be a design But the sanitizer itself Inside If it is a very new product Suppose this is a sanitizer Which will say It will kill the covid virus itself Suppose it is a new kind of sanitizer Which has very new properties Then you can apply for a patent One cannot apply for a patent for the name One cannot apply for a patent for the logo Patent can only be for something Which is new Which is inventive Which has an industrial applicability So suppose The disc container itself The minute I touch it I don't need to do anything The entire hand gets covered by sanitizer So this becomes a new product Then you can apply for a patent for this So the difference is That by the structure of this bottle Is protected under design law The logo and the color is protected under copyright The name is protected by trademarks The sanitizer which is inside If it has new properties It can be patent So these are the four fundamental differences Between all the four properties I think that the way you have explained All those four issues The differences were large But with the help of one bottle You have been able to explain There couldn't be a better way of explanation Meanwhile advocate 50 MG Bangalore Says a business has started By two or more By two or more persons using a mark One person has applied for registration Of same particular mark after 15 years Can you get the privilege Of a prior use of this particular mark or not I think that would be legal advice I wouldn't want to do that That would be fine Some people are asking this question Actually a rule Because large number of people were not using the newspapers During this COVID-19 Because of the threat psychosis and all But some people were kind enough That they downloaded the newspaper And then they circulated So one issue invariably in different books Also has a reason As to whether we can circulate this newspaper Or whether we can not circulate this newspaper It is a point of debate in large number of books For last around three months now So insofar as newspapers are concerned Most of the newspapers themselves Made available the e-copy of the newspaper So that people are able to read the news See anything which is for private circulation Is not a problem under the copyright act But one cannot do it for a commercial purpose That hammers the point With the hammer the nail has been hit on the right hand Azad Singh when a person had made a Google search And finds the desired material and downloads the same How would he come to know whether he had downloaded a specified material Legally or illegally or violated any law Is there any caveat to that? Normally when you go to a website If they permit the downloading Normally then there is no problem for private use and research A large number of websites one cannot download the material until you pay So those would be copyrighted If you kind of violate that by cracking the code or something That would be violated In any case normal material which is downloaded for the purpose of private use Would not be legal Ma'am One question is Because by the end of the time Invariably thank you for the nice explanation Once the question gets intermingled I think I saw one question While I was answering another question What is neighbouring rights? I don't know who put that question It's a very interesting question In copyright There are two categories of copyright One is original works And one is neighbouring rights Original works are original books Original lyrics Original painting Original software etc But when you see For example A person singing a song In any concert The original song must have been written by some other lyricists Maybe Gulzar It may have been sung by Latha Mangeshkar originally But the new singer is someone else on the stage So even the new singer who is singing on the stage Has a copyright in her performance Let us say for example Singer X is performing in a marriage ceremony Somebody videos records that singing And makes a CD out of it And makes money That singer though the original song Is not sung by her The lyrics are not by her She has a right in her performance Similarly on a television program See for example Ekta Kapoor may have produced a serial But then when it is put on the television The television channel like Star or Zee may have a right in that program Though the original copyright belongs to the producer So these kind of rights which are called Similar to copyright Like broadcasting rights for former rights Who are original to an extent But not fully original They are called neighbouring rights And these are called special rights under the act So it's a very interesting question That someone had put so I thought I would answer Ma'am the questions will continue to pour We will just have those minutes But only one question we can take And as we said Like you have been a Not on the IPR But since they are students and students of law The way you have been able to explain the things First we will just ask As a large number of young students And lawyers and large number of other people What according to you would be the best way to assimilate facts Being a student How to present it because you have been a gold medalist And then a successful lawyer and then as a judge What is the best key according to you To assimilate facts which are in large volume And funnel it down to a smaller scale So that it's easily understood and easily put it across Like this act was These four acts were so much broad But the way you have funneled it down In a bird eye view which everybody could understand What is your key to that What is your that key mantra You know I am reminded Of a very old story Somebody wanted to write A letter And that person took almost a week To write a letter of two sentences So the other person asked You know you can write so well You could have written this in one hour Why did you take a week So the person answered and said To write less Needs more understanding Needs more depth So according to me The more you read The better you can make it smaller So for students to understand You need to read more Going to the depth rather than Reading from the outside Guidebooks, dookies are good For passing exams But they do not give you understanding Of the concept of the jurisprudence If you read one judgement And write ten lines about it You will know how to write in a smaller manner You should be able to capture the facts And the ratio in ten lines If you do that for ten judgement You will understand how to understand law And understand evidence So it is more like what we say The zip file The entire compression in the zip file You are putting it across Yes ma'am you can No I was just about to say The zip file has all the content Here it is actually a zip file in a capsule And like they used to Like it is common saying that a capsule Is very small in size But let's assume there is a pain in the body It automatically reaches the right point At the right place And it helps the purpose So a capsule knowledge according to you As you were saying that all this Patients rights etc is an effort Of a large number of hours, days etc I was just hearing one of the articles By Oprah Winery She said that if a person has to be successful In a particular field He or she has to minimum for ten thousand hours For that particular effort to reach beyond the level Where people actually appreciate you So ten thousand hours means If you divide it by twenty four And everybody doesn't study for ten thousand For twenty four hours itself Even if you take eight hours So it shows what amount of energy it requires Ma'am I will just see Mr. Parthasarthi From Lakshmi Kumaran had also joined it Yes I saw him initially Yes so we are unmuting him Because he is also the same Parthas Because before we all started logging in I found him that he was there And he had also given his insights On this particular subject In his own way Partha I suppose he is left I will just check I don't see him on the main screen anymore Yes he was there at the first instant Because I welcomed him He said that once ma'am is coming It becomes very relevant Then ma'am second question Before we just do this thing As we were discussing how to follow it Now in the profession During this time people are feeling that It is very difficult for survival etc What are the takes which you say that During this time because the normal course Of course they have started functioning on the virtual course But one would always agree that There is not that amount of litigation Or that amount of clients coming forth What is your take on advice to the students Or the lawyers etc during this time One is to attend a webinar One is to read law etc What more takes you feel that As a lawyer or a student They could contribute to the society in any manner Let's assume it's a knowledge or anything What would be your call on that? I would think that it is a very big Challenging time for students especially Because they have so much energy And you know at least at my age I think it's easier for me to stay at home But for students who are used to Working around their campers Going out for coffee Having dinners with their friends Meeting with their friends It is a very very difficult time I would think there are 3 or 4 ways To equip yourselves during this period First of all I think students I think on a daily basis I am not sure how much time you get To pay attention to your family And to your elders So first of all I think Please pay a lot of attention to your family And your elders Because they always look forward To your company And if you are able to spare time for them It will be very very good They will feel blessed Especially grandparents etc Spend time with them Number 2 I think If within your own society Within your own colony In whatever manner you can use your education To help your neighbour Help your relative Help a friend Please expand that And do it Whether you earn money or not Is not the point at this time Because I must tell you All of us Whether locked on or not In the initial years of our life We have done a lot of pro bono and free work Okay So this is the time to Make sure you are busy So help anyone who is in need Irrespective of whether he or she pays you 3 Please get used to technology In the right way Not by just looking at whatsapps And forwards and everything Please get used to technology In a positive way There are many many many online courses Which are available Even by international organisations International universities At very low cost and sometimes There are no costs at all So please enrich your knowledge On that And number 4 Please definitely have a pick up a hobby Learn music Learn an instrument Learn reading Learn something which will Take away the stress from you I think that is very important Always looking at the screen is not a good thing So I think do something different Learn dance Anything that you can do Within your own home And finally keep fit Eat less and keep fit That is the answer to this The 5 points which you have given It is just like assimilation of With 100 chorus and 5 pandas But the 5 pandas Worn because of their knowledge And assimilation of the things It is the point Well hammered And the way you have Put across all the issues Words cannot express The gratitude on behalf of Beyond Law CLC The way you have put it across And as you rightly said That it is the right time Where one should always contribute towards the family also And family Sometimes on this platform Also we have said I read it somewhere else That family itself constitutes A word that says Father and mother I love you That word itself is suffice to say that Until unless you don't love your parents The person will not grow And I also say that We have read that article which said That I is illness and B is wellness And during this COVID time Until unless we shift from I to B So the illness will not shift to wellness Until unless we start contributing towards the society And tomorrow We are having a webinar With Collaboration with Symbolic Law Schools of Pune That is on gender violence And workplace harassment We have the Justice Dr. Shalini Fazizkar Joshi Dr. Ratma Kapoor Professor Shashi Karagurtpur And Dr. Harish Sethi So as they say that everyone The porter loves his spot So I would say that according to us This webinar would be good Stay connected Who join us tomorrow at 5 p.m. Everyone stay safe and stay blessed And ma'am the words As you said We can only say that once I say Thank you on behalf of Beyond Law LLC It is just the entire knowledge Which we have dissipated in a short capsule So the word thank you Should be taken as a capsule That actually it's a large word That it cannot be explained Thank you ma'am Everyone stay safe Stay safe and stay healthy Thank you