Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of th
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2024
Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of the region were known as Darjeeling today was inhabited by the Lepcha tribes. In 1828, while visiting this region located in the backdrop of the snow-clad Himalayan range, a young British called Captain Lyoyd discovered the possibility of converting the region into a hill station or a sanitarium. In 1839, Darjeeling was handed over to Dr. A. Campbell, a civil surgeon, who got transferred from Kathmandu to Darjeeling to become the first Superintendent of the Darjeeling district, a position which he held for the next twenty two years. In 1841, Dr. Campbell brought the seeds of China variety of tea from Kumaon hills of North India and planted them near his residence in his Beech wood garden in Darjeeling, 2134 meters above the mean sea level. Seeing the success of Dr. Campbell's experimental tea nursery, the British Government decided to put out tea nurseries in the region in the year 1847. Even after the Indian independence from British rule in 1947, the British ownership continued in many tea gardens of Darjeeling. By the end of the 1970's, most of the tea gardens of Darjeeling were in the hands of Indian owners. It supplies around 30% of world's Favourite hot drink. India is not only the world's largest consumer of Tea but also exports sizeable portion of its production. Tea leaves are grown in different hill areas and among them Darjeeling Tea offers distinctive characteristics with regard to its quality and flavour. As such Darjeeling Tea has global reputation for more than a century. There are two main reasons for the same and they are exceptional and distinctive taste due to geographical origin and processing. Darjeeling tea is cultivated, grown and produced in tea gardens in a well known geographical area – Darjeeling district of West Bengal State for over one and half centuries. An adequate legal protection is necessary for the protection of legitimate right holders of Darjeeling tea from the dishonest business practices of various commercial entities. Questions: (b) Discuss prohibition of Registration of certain layout designs under Layout - Designs of Integrated Circuits of IPR.
Answer & Explanation:
Answer 4(b) Prohibition of registration of certain lay outs designs. As per section 7 of the Act a layout design - Which is not original - Which has been commercially exploited anywhere in India or in a convention country - Which is not inherently distinctive - Which is not inherently capable of being distinguishable from any other registered lay out design, shall not be registered as a layout design. Provided that a layout design which has been commercially exploited for not more than two years from the date on which the application for its registration has been filed either in India or in a convention country shall be treated as not having been commercially exploited for the purpose of this sub section. A lay out design shall be considered to be original if it is the result of its creator's own intellectual efforts and is not commonly known to the creators of lay out design and manufacturers of semi-conductor integrated circuits at the time of its creation. Where an original layout design has been created in execution of a commission or a contract of employment the right of registration to such layout design under this Act shall belong to the person who commissioned the work or to the employer.
Topics: Layout-Designs of Integrated Circuits
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