INTELLECTUAL PROPERTY LAWS

Law relating to Copyrights

 The Copyright Office is under the immediate control of a Registrar of

Copyrights to be appointed by the Central Government, who would act
under the superintendence and directions of the Central Government.
The Copyright Office is currently under MHRD.
Definition
 Copyright is the right of literary property recognized by positive law. It is
an intangible incorporeal right granted by law to the author or originator
of certain literary, artistic production whereby he is vested with for a
particular period exclusive right and privilege for publishing and selling
such copies of such creation.
 Acquisition of copyright is automatic and it does not require any
formality. However, certificate of registration of copyright and the
entries made therein serve as prima facie evidence in a court of law with
reference to dispute relating to ownership of copyright.
 Copyright ensures certain minimum safeguards of the rights of authors
over their creations, thereby protecting and rewarding creativity.
 Economic and social development of a society is dependent on
creativity. The protection provided by copyright to the efforts of writers,
artists, designers, dramatists, musicians, architects and producers of
sound recordings, cinematograph films and computer software, creates
an atmosphere conducive to
 creativity, which induces them to create more and motivates others to
create.
Nature of copy right
 Purely a statutory right.
 Negative covenants for similar publishers.
 It should be in permanent form. Mere idea cannot be protected.
 Copyright protects the skill, labour and creativity of the author.
 Copyright is not a monopoly right, which exists to certain extent in case
of patent, trademarks and design.
Right of owner
Author of any work shall be the first owner (subject to any agreement
in writing).
 In case of literary work in course of employment, the owner of the
newspaper, magazine or the publisher, so far it relates to publication of
the work or any newspaper, magazine or any other publications, but for
all other respects the author himself.
 Incase of photography, painting or portrait or a cinematographer film
made for consideration for any other person such person shall be the
owner.
 In case of any speech delivered in public, the person who has delivered
the speech or if such speech has been delivered on behalf of any other
person such person shall be the first owner.
 In case of Government work Government shall be the owner and in case
of Public Sector Units such Public Sector Unit shall be the owner.
Adaptation
 Adaptation involves the preparation of a new work in the same or
different form based upon an already existing work. The Copyright Act
defines the following acts as adaptations:
Conversion of a dramatic work into a nondramatic work
◦ Conversion of a literary or artistic work into a dramatic work
◦ Re-arrangement of a literary or dramatic work Depiction in a
comic form or through pictures of a literary or dramatic work
 ◦ Transcription of a musical work or any act involving re-
arrangement or alteration of an existing work.
 The making of a cinematograph film of a literary or dramatic or musical
work is also an adaptation
Copyright do not protect
 Copyright does not ordinarily protect titles by themselves or names,
short word combinations, slogans, short phrases, methods, plots or
factual information.
 Copyright do not protect ideas or concepts. To get the protection of
copyright a work must be original.
 Both published and unpublished works can be registered. If the work to
be registered is unpublished, a copy of the manuscript has to be sent
along with the application for affixing the stamp of the Copyright Office
in proof of the work having been registered. One copy of the same duly
stamped will be returned, while the other will be retained, as far as
possible, in the Copyright Office for record and will be kept confidential.
 When a work has been registered as unpublished and subsequently it is
published, the applicant may apply for changes in particulars.
Term of copyright
 Normal term of copyright is throughout the life of the author plus 60
years from beginning of calendar year next following the year in which
the author dies. In case of joint authorship, the death of the author dies
last will be considered.
 In case of the name of the author is not disclosed it is 60 years from the
calendar year following the year in which it is published, but if the name
is disclosed, it will be 60 years from the year following the year in which
the author dies.

Assignment of copyright
 Owner of existing work or prospecting owner of future work may assigns
either fully or partly or generally with limitations. However in case of
 future work assignment will not be effective unless the work comes into
existence.
 Assignee includes legal representatives of the assignee in case of death.
 Assignment should be in writing and clearly mentioned the terms of the
assignment including territorial limits and duration, royalty payable etc.
If no terms are mentioned it will be taken as 5 years. If no territorial
limits mentioned it will work within India.
3/1/22
Compulsory License (in works withheld from public)
During the term of copy right in Indian work which has been published
or performed in India any person can complained to the Copyright Board that:
 (a)Refusal to republish or allowing it to republish or refusal to allow
communication to public by broadcast is withholding from the public,
the copyright board may after hearing the other party grant compulsory
license for publication of such work with appropriate compensation to
the author.
 Where two or more persons make similar applications, Copyright Board
may grant license to one of them who can better serve the purpose in
the interest of general public.
Compulsory license in unpublished Indian work
 When the author is dead/ unknown/ untraceable any person may apply
to Copyright Board to publish the work or a translation of the work in
any language.
 The applicant shall publish his proposal in a newspaper in English and
also in a language in which it intends to translate.
 Any royalty received as determined by copyright board shall be
deposited in a public Account of India which can be given to the
author/his legal representative if found or identified.
 If the original author is dead, and the publication of work is national
interest, Central Government may require the successor/legal
representative to publish the same.
Translations (License)
1. Any person may apply to copyright board after a period 7 years from
first publication.
2. Any applications for translation can be made after 3 years form the first
publication for the purpose of teaching and research. However, if such
translation is not in the language of developed country the application
can be made after one year.
International copyright

Copyrights of the countries mentioned in the International Copyright Order

are protected in India, as if such works are Indian works.
 Copyright of nationals of countries who are members of the Berne
Convention for the Protection of Literary and Artistic Works, Universal
Copyright Convention and the TRIPS Agreement are protected in India
through the International Copyright Order.
 Copyright as provided by the Indian Copyright Act is valid only within the
borders of the country. To secure protection to Indian works in foreign
countries, India has become a member of few international conventions
on copyright.
Copyright society
 A copyright society is a registered collective administration society. Such
a society is formed by copyright owners. The minimum membership
required for registration of a society is seven. Ordinarily, only one
society is registered to do business in respect of the same class of work.
A copyright society can issue or grant licenses in respect of any work in
which copyright subsists or in respect of any other right given by the
Copyright Act. Any author may surrender his right in favor of the society.
 A copyright society may:
◦ Issue licenses in respect of the rights administered by the society.
◦ Collect fees in pursuance of such licenses.
◦ Distribute such fees among owners of copyright after making
deductions for the administrative expenses.
Copyright infringement
◦ Making infringing copies for sale or hire or selling or letting them
for hire;
◦ Permitting any place for the performance of works in public where
such performance constitutes infringement of copyright;
◦ Distributing infringing copies for the purpose of trade or to such
an extent so as to affect prejudicially the interest of the owner of
copyright ;
Public exhibition of infringing copies by way of trade; and importation of
infringing copies into India
 An App is a complete, self-contained computer program that is designed
to perform specific tasks. Usually called 'Apps' for short, application
programs are the most familiar forms of software and come in a very
wide variety of types. An App usually has primarily dynamic content and
is designed for user interaction. It may be used directly or indirectly in a
computer or hand held electronic device.
 An App may be registered as a computer program under literary works
as provided under Section 2(o) of the Copyright Act, 1957. For this
purpose applicant is required to submit an application for registration
under software category, accompanied by the source and object code as
provided under Rule 70 (5) of the Copyright Rules 2013.
 It is important to note that the registration will cover any screen displays
generated by that program, provided that the computer program (code)
generating the screen display is submitted by the applicant. Mere
snapshots of screen displays of an app are not eligible for copyright
protection.
 A copyright owner can take legal action against any person who infringes
the copyright in the work. The copyright owner is entitled to remedies
by way of injunctions, damages, cease and desist order..
 The District Court concerned has the jurisdiction in civil suits regarding
copyright infringement.
  All infringing copies of any work in which copyright subsists and all
plates used or intended to be used for the production of such infringing
copies shall be deemed to be the property of the owner of the copyright.
Copyright Board
Copyright Board, a quasi-judicial body, was constituted in September 1958.
The Board is entrusted with the task of adjudication of disputes pertaining to
copyright registration, assignment of copyright, grant of licences in respect of
works withheld from public, unpublished Indian works, production and
publication of translations and works for certain specified purposes.
 It also hears cases in other miscellaneous matters instituted before it
under the Copyright Act, 1957. The meetings of the Board are held in
five different zones of the country. This facilitates administration of
justice to authors, creators and owners of intellectual property including
IP attorney’s near their place of location or occupation.
Patent Law (1970)
 Patent
 A patent is a monopoly right granted by the Government to a
person who has invented a new useful articles or an improvement
of an article or a new process of making an article.
 A Patent is also called a statutory right for an invention granted
for a limited period of time to the patentee by the Government, in
exchange of full disclosure of his invention for excluding others,
from making, using, selling, importing the patented product or
process for producing that product for those purposes without his
consent.
 Why patent law
 Encourage invention
 Registration of such invention
 Protection to the inventor
 Newness/ novelty
 Turmeric products. Patent granted in USA revoked on challenge by
CSIR as there is no newness and the use is known to the people
since long.

 Patentable invention
 As per the Indian Patents Act, 1970 invention means any new or
useful -
 Art, process, method or manner of manufacture
 ii) Machine, apparatus or other article.
 iii) Substance produced by manufacture and includes any new and
useful improvement of any of them and alleged invention.
 What cannot be patented....
 Invention which is frivolous and obviously contrary to natural
laws.
 Invention intended for or use for commercial exploitation is
contrary to public order.
 Mere discovery of scientific principle.
 The mere discovery of new article or new use of a known
substance.
  Substance obtained by mere admixture or aggregation.
Combination of components resulting in new result or old result in
better, more or expeditors or economical manner.
 A method or agriculture or horticulture.
 Re-arrangement or duplication
 Process of medical treatment of humans or animals or plants.
 Computer program.(IBM and Borough’s Corporation case)
 Literary or artistic work.
 Invention based on traditional knowledge.
 Invention relating to atomic energy.
 Eligibility for application for a patent
o Any person being the true and first inventor of an invention or his
assignee/ on death by legal representative can apply alone or
jointly with any other person
o Applicant of an application in a basic convention country can apply
by himself or through his assignee.(PCT)
 Stages of obtaining a patent
o i) Submission of application accompanied by either a provisional
or complete specification.
o ii) Examination of application and acceptance.
o iii) Advertisement in the Patent Gazette.
o except;
o secrecy direction
o abandoned
o Withdrawn before 3 months.
o (iv) Examination of application
o v) Opposition to the grant of patent, if any.
o vi) Grant and sealing of the patent.
 Specification and when the it is to be filed
 A patent specification is a technical document describing the
invention. A specification may be either provisional or complete.
 Provisional specification gives the initial description of an
invention when the application is filed. It is to fix the priority date
since Indian patent law is based on ‘first to apply’ principle, the
inventor who first secures his invention against a similar claim.
 The provisional application closely describes the invention and
does not set out the claims that the applicant desires.
 A patent specification can be prepared by the applicant himself or his
registered and authorized agent. It comprises of the title of the
invention indicating its technical field, prior art, draw backs in the prior
art, the solution provided by the inventor to obviate the drawbacks of
the prior art, a concise but sufficient description of the invention and its
usefulness, drawings (if any) and details of best method of its working.
at least one claim defining the scope of the invention for which
protection is sought for.
All the patent applications are kept secret up to 18 months from the
date of filing or priority date whichever is earlier and thereafter they are
published in the Official Journal of the Patent Office available on the IPO
website. Early publication is possible within a period of one month
provided the invention contained thereon does not relate to atomic
energy or defense purpose.
The complete specification shall be filed within 12 months of the filling
of the provisional specification and if such complete specification is not
filed within the aforesaid 12 months the application shall be deemed to
be abandoned.

Postdating of application: The specification filed with the Controller can

be postdated unto six months. Similarly a complete specification can be
substituted as a provisional specification when the applicant is wanted
to do so because his research has not been completed.

After filing the application for the grant of patent, a request for examination
is required to be made by the applicant or usually, the First Examination
Report is issued and the applicant is given an opportunity to correct the
deficiencies in order to meet the objections raised in the said report.

When all the requirements are met, the patent is granted and notified in
the Patent office Journal. However before the grant of patent and after the
publication of application, any person can make a representation for pre-
grant opposition.
 Patent right comes to thw applicant opn granting and not before.
 Complete specification
o A complete specification gives full and sufficient description of an
invention i.e.
o a full and particular description of the invention and its operation
or use
o method of his invention
o scope of invention
o Designs and drawings.
o The complete specification shall be filed within 12 months of the
filling of the provisional specification and if such complete
specification is not filed within the aforesaid 12 months the
application shall be deemed to be abandoned. andoned.
 Conditions for patent
All patents are subject to certain conditions. These conditions are
as follows: (it will not be construed as infringement)
1. Government can make, or import any machine, apparatus etc. for
which patent is granted/ application pending, for its own use.
2. If sufficient record show that the Govt. has done research on any
application pending before patent office before filing of complete
specification, Govt. can also use the same invention without
payment of royalty.
3. Any machine, apparatus, process etc. can be made or used by any
person merely for research or experiment.
4. Government can import any medicine or drug for its own use or
for distribution in any dispensary, hospital etc. as specified by
Central Government, with regard to public service carried out by
such hospital, dispensary, or medical institution.
 International patent
o Territorial right-within India; no worldwide patent is available.
o Application in other countries can be made within 12 months of
application in India and get the same in that country. However,
some of the offices in India can receive application for other
countries under the Patent Cooperation Treaty(PCT)
Legal action for 'infringement of patent' during the pendency of a patent
application
 It is not possible to initiate legal action against the infringers during the
pendency of patent application.
It will take minimum of 4 to 5 years for examination of patent application
and then only it will be decided whether to grant a patent or not. Till then it
will be called as 'invention' only. Until the statutory right is conferred upon
the applicant for his invention, the question of infringement will not arise.
There are no common law rights like that of 'passing off' in trademark
matters for the patent applicants.
 Working of patent and compulsory licensing:

o Patent is for use and not for hoarding or exploitation. Patents are
granted to encourage inventions and to secure that the inventions
are worked within India on a commercial scale and to fullest
extent that is reasonably practical without undue delay.
o If the patented invention is not available to public at reasonable
price or that reasonable requirements of public are not fulfilled or
if patented inventions is not worked within the territorial limits of
India, then the Controller can order the patent holder to grant a
license to other person upon such terms and conditions as may be
fixed by the Controller.
o Application for such compulsory licensing can be made only after
three years from the date of sealing.

 Term of patent
o The term of the patent is meant for duration of the validity of the
patent.
o The term of patent in respect of all inventions will be TWENTY
years from the date of patent (i.e. date of filing complete
specification).
o In case of international application, from the date it is filed in the
home country
 Rights of patentee and transfer of rights
o Right to exploit
 o Right to license: performing on behalf of the owner- no transfer of
interest.
o Assign: transfer of interest full or in part
o surrender
o sue for infringement/ specific performance of contract/recovery
of royalty

 Infringement of patent

o Colorable imitation of an invention; slight modification in product

or process but in fact takes the essential features of patentee’s
invention
o Immaterial variation in the invention
o Mechanical equivalent: uses mere substitutes for those features
so as to get the same result for the same purpose as obtained by
the patentee.
o Taking essential features of invention
Legal action for 'infringement of patent' during the pendency of a patent
application.
 It is not possible to initiate legal action against the infringers
during the pendency of patent application.
 It will take time for examination of patent application and then
only it will be decided whether to grant a patent or not. Till then it
will be called as 'invention' only. Until the statutory right is
conferred upon the applicant for his invention, the question of
infringement will not arise.
 There are no common law rights like that of 'passing off' in
trademark matters for the patent applicants.
 Infringement
 Making a patented product
 Using the patented process to make a product
 Exporting a patented product for commercial purposes
 Importing when the goods are introduced into jurisdiction
  Making, hiring, selling or otherwise disposing of a product
resulting from the use of a patented method.

Law relating Trademark

 Trademarks are words, names, symbols, brands, devices, headings,
labels, tickets, signatures, letters or numerals or any combination
thereof, used or proposed to be used by manufacturers of goods to
identify and to distinguish their goods from goods manufactured and
sold by others.
 A person who sells his goods under a particular trademark acquires a
sort of limited exclusive right to use the mark in relation to those goods.
Services have also been included.
 A trademark is a visual symbol which may be a word signature, name,
device, label, numerals or combination of colours used by one
undertaking on goods or services or other articles of commerce to
distinguish it from other similar goods or services
Various forms of using a trade mark
Trade marks may be used in stationary, packaging, body of the product,
stickers, tags, advertisements etc. of goods and services.
Well known Trademarks: Concept of well-known trademarks and marks
which have gained sufficient recognition among the consumers, even if not
registered in India and even when no products are there in the market.
Purpose:
 identification of the product/services
 quality
 advertisement-brand building
 Brand building
  The legal requirements to register a trademark under the Act are:
(a)The selected mark should be capable of being represented graphically
(that is in the paper form).
(b) should be capable of distinguishing the goods or services of one
undertaking from those of others.
© It should be used or proposed to be used mark in relation to goods or
services for the purpose of indicating or so as to indicate a connection in
the course of trade between the goods or services and some person
have the right to use the mark with or without identity of that person.
(d) non descriptive: one or more words having no direct reference to the
character or quality of the goods and not being according to its
ordinary signification, a geographical name or a surname or a personal
name or any common abbreviation thereof or the name of a sect, caste
or tribe in India
use of word “saafo” considered descriptive as close to “saaf”- not
accepted( HLL v Kilts)1982
(e) not similar to any other distinctive trade mark;
(f) a trade mark which has acquired distinctiveness by use over a
prolonged period of time, may be registered.
Trademarks that may not be registered
Well known trademarks and marks which have gained sufficient
recognition among the consumers, even if not registered in India.
The mark is not capable of distinguishing the applicant’s goods or
services.
The mark is scandalous or its use is contrary to law.
If it is likely to deceive or cause confusion.( deceptively similar)
Whether the trademark is identical to any prior registered mark or
earlier application for registration of a trademark in respect of similar
goods or closely related services.
Benefits of trademark registration
 (a) Trademark registration protects the goodwill of a business and also
helps to identify and distinguish the source of the goods or services of
one party from those of others.
(b) Trademark registration is an evidence of ownership of the trademark
and also constructive notice nationwide are issued of the trademark
owner's claim.
© Trademark registration in India can also be used as a basis for
obtaining registration in foreign countries.
(d) In e-commerce, where chances of inspecting the goods will be less,
company’s mark or brand becomes a vital identity to assess the goods.
Rights of the proprietor of a trademark
The proprietor of a trade mark has the following rights:
(a)Assign the trade mark to any other person either partially or fully
register any other person as the registered user of the trade mark
(b)Institute a suit for infringement of the trade mark

© institute a suit for criminal proceeding for punishment to the

infringer.
(d) Institute a suit for passing off, provided the proprietor will have to
prove that the defendant’s mark is likely to cause confusion and
deception among public.

Duration of the trade mark registration. Its renewal, lapse and restoration.
Duration of registered trade mark is 10 years, and can be renewed on
payment of prescribed fees.
Application for renewal to be made before six months of expiry of the
registration, on expiry of the registration, Registrar to send notice of
expiry. Registrar shall not remove the mark from the register if the fee
and surcharge is paid within six months of grace period.
 Restoration possible even after expiry one year, subject to conditions
and limitations by the Registrar. The marks shall be deemed to be
registered mark for the purpose acceptance any application otherwise.
In order to get registration, application has to be made after searching,
advertisement for opposition has to be given.
Any person within 3 months from the advertisement, Re-advertisement
shall give a notice of opposition with a prescribe fees, which shall be
served to the applicant and the applicant shall within two months of
receipts of such notice make a counter statement, failing which is
deemed that he has abandoned the application.
The Registrar shall register the trademark when there is no opposition
within the prescribed time and even after opposition, the decision has
gone in favour of the applicant, unless there is any contrary direction
from the Central Government.
Validity of trademark registration outside India
Certain countries, do recognize a trademark registration in India as a
basis for registering the mark in those countries. The laws of each
country regarding registration must be consulted.
Falsifying : deviating a popular mark
falsely applying: applying a mark which do not belong to the trader/
manufacturer
Absolute grounds for refusal…
When the trade mark is not capable of distinction.
When the trade mark consists of any work or, indication which may
serve in trade to designate any kind/ quality/ quantity/ intended
purpose, geographical origin or time of production etc.
Geographical names disallowed:
India(electrical fan) , simla(tobacco) Himalayan(tea/coffee),
Geographical names allowed:
Italia(motor car)magnolia(metal)
 When the trade mark has become customary in the current language
other than well-known trade mark.
When the trade mark proposed to be registered is of such nature so as
to deceive public or cause confusion.
If the trade mark contains any matter which will hurt religious
sentiment.
If the trade mark contains scandalous or obscene matters.
If the trade mark is prohibited under Emblems and Name (Prevention of
Improper use) Act, 1950
Protection available for trademarks
There are two forms of legal protection that are available for
trademarks. Under the Trade and Merchandise Marks Act, 1958, once
the trademark is registered, infringement can be easily established.
In case of unregistered marks and marks which are not registerable, the
only form of protection is the common law remedy of passing off.
Trademark law protects the right of the owner of a mark to use marks
that distinguish his goods from others and to prevent others from using
marks that are likely to cause confusion
Accordingly, in order to establish infringement with regard to a
registered trademark, it is necessary only to establish that the infringing
mark is identical or deceptively similar to the registered mark and no
further proof is required.

Passing off Infringement

In the case of a passing off action, In the case of
proving that the marks are identical infringement ,proving that the
or deceptively similar alone is not marks are identical or
sufficient. The use of the mark should deceptively similar alone is
be likely to deceive or cause sufficient.
confusion.
In a passing off action it is necessary Whereas in an infringement
to prove that the use of the suit, the use of the mark by the
trademark by the defendant is likely defendant need not cause any
to cause injury or damage to the injury to the plaintiff.
plaintiff’s goodwill,

In a passing off action, the • When a trademark is

defendant’s goods need not be the registered, registration is given
same; it may be allied or even only with regard to a particular
different. category of goods. Protection
is, therefore, afforded only to
these goods.

Common law action • a statutory remedy

Infringement
The following acts amount to infringement of a trade mark:
Use of any mark, in course of trade which is identical or deceptive to any
other registered Trademark.
Deception as to goods
Deception as to trader
Deception as to trade connection
Lakme: like-me
Mitaso: metashow
Fevicol :fxacol
Colgate:collegiate
If any person uses a registered trademark of any other person as his
trade name or part of his trade name.
Use of trade mark means
Affixing of the concerned trade mark into goods or packages.
Exhibiting any goods with such trademark.
Importing or exporting any goods with such trademarks.
 Using of the mark in office stationary, merchandising items or
advertisement in case there is any damage to the reputation.
Acts not constituting to infringement
The use of a sign is in good faith and for the purpose of indicating
quality, quantity, purpose, value or geographic region of goods and
services
The use is in respect of part of trademark that is disclaimed
Where a court believes that the infringer would have obtained
registration of the mark that it uses had the infringer applied for it and
assuming that the infringer’s mark is the same as the registered.
Persons eligible for sueing for infringement of a registered trade mark
◦ The proprietor of a registered trade mark
◦ The legal heirs or predecessor of the proprietor of a registered
trade mark
◦ The registered user can bring a suit for infringement.
◦ A foreign proprietor can sue in India provided the mark is
registered in India.
◦ An assignee of a registered trade mark can bring a suit for
infringement before the registration of the assignment is effected
because registration of assignment is not a condition precedent to
suing.
Persons who can be sued for infringement of a registered trade mark
The person who infringes the trade mark can be sued.
If the infringement is committed by the servant then the master can be
sued irrespective of the fact whether the servant acted with / without
the knowledge of the master. Even if the servant acted against the
orders of the master then also the master will be sued.
An agent of the principal who infringes can also be sued. Therefore a
person who prints the infringing label can be sued.
Reliefs granted by Court in case of infringement
 In case of suit for infringement the Court can grant the following
reliefs:
◦ Injunction restraining the use of the trade mark
◦ Damages or an account of profit
◦ Order for destruction of the infringed marks
The reliefs granted by the Court are discretionary
The Trade Marks Registry

established in India in 1940 and presently it administers the Trade

Marks Act, 1999 It acts as a resource and information Centre and is a
facilitator in matters relating to trademarks in the country.
the Registry is to register trademarks which qualify for registration
and to maintain the Register of trademarks.
It also functions as an office of origin in respect of applications
made by Indian entrepreneurs for international registration of their
trademarks
The Head Office of the Trade Marks Registry is at Mumbai and
branch offices are at Ahmedabad, Chennai, Delhi and Kolkata. an
International Registration wing is set up in the Head Office
various other functions like offering preliminary advice as to
registrability; causing a search, providing public information and
guidance to the public on the subject; providing information to various
government agencies including Police, Central Excise personnel, Public
Grievance Redressal, maintenance of top class IP library, the production
of annual statistical report, production of official Trade Marks Journal in
electronic form.

1. The Registry has to discharge various other functions like

2. Offering preliminary advice as to registrability;
3. Causing a search to be made for issue a certificate
4. providing public information and guidance to the public on the subject;
5. providing information to various government agencies including Police,
Central Excise personnel, Public Grievance Redressal,
6. maintenance of top class IP library,
7. The production of annual statistical report, production of official Trade
Marks Journal in electronic form and submit an Annual Report to
Parliament.
8. The Controller General of Patents, Designs and Trade Marks heads the
TRADE MARKS Registry offices and functions as the Registrar of TRADE
MARKS.