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June 2026Q. 6A(iv)5 marksSyllabus 2022OR, alternative to Q. 6
(iv)Explain the term “Industrial Property” under Intellectual Property Rights ?
Industrial property is a kind of intellectual property and relates to creation of human mind, e.g., inventions and industrial designs. Simply stated, inventions are new solutions to technological problems, and industrial designs are aesthetic creations determining the appearance of industrial products. In addition, industrial property includes trademarks, service marks, commercial names and designations, including indications of source and appellations of origin, and the protection against unfair competition.
The term ‘Industrial Property’ may not appear entirely logical in the sense that the inventions are only concerned with the industry. In other words, the inventions are exploited in industrial plants while the trademarks, service marks, trade names and service names are concerned with both the commerce as well as industry. Notwithstanding the lack of logic, this term has acquired a meaning which clearly covers inventions as well as other marks. The Paris Convention also recognised industrial property to cover patent, trademark, service mark, trade names, utility models, industrial designs, indication of source and appellations of origin and the repression of unfair competition.
Hence, industrial property right is a collective name for rights referring to the commercial or industrial activities of a person. These activities may include the activities of industrial or commercial interests. They may be called inventions, creations, new products, processes of manufacture, new designs or model and a distinctive mark for goods etc.
A person’s commercial or industrial activities are covered by a group of rights known as industrial property rights. The actions of commercial or industrial interests may be among these activities. They can be referred to as inventions, creations, new products, manufacturing methods, new designs or models, and distinguishing marks for commodities, among other terms.
Source: ICSI Guideline Answers, June 2026, Q. 6A(iv) (Syllabus 2022).
December 2023Q. 6(d)5 marksSyllabus 2022
(d)What is meant by an Industrial property under the Intellectual Property Rights?
The expression “Industrial Property” is sometimes misunderstood as relating to movable or immovable property used for industrial production However, industrial property is a kind of intellectual property and relates to creation of human mind, e.g, inventions and industrial designs. Simply stated, inventions are new solutions to technological problems, and industrial designs are aesthetic creations determining the appearance of industrial products. In addition, Industrial property includes trademarks, service marks, commercial names and designs, including indications of source and appellations of origin, and the protection against unfair competition.
The term 'Industrial Property' may not appear entirely logical in the sense that the inventions are only concerned with the industry. In other words, the inventions are exploited in industrial plants while the trademarks, service marks, trade names and service names are concerned with both the commerce as well as industry.
Notwithstanding the lack of logic, this term has acquired a meaning which clearly covers inventions as well as other marks. The Paris Convention also recognised industrial property to cover patent, trademark, service mark, trade names, utility models, industrial designs, indication of source and appellations of origin and the repression of unfair competition. Hence, intellectual property right is a collective name for rights referring to the commercial or industrial activities of a person. There activities may include the activities of industrial or commercial interests. They may be called inventions, creations, new products, processes of manufacture, new designs or model and a distinctive mark for goods etc.
Source: ICSI Guideline Answers, December 2023, Q. 6(d) (Syllabus 2022).
December 2025Q. 6A(i)5 marksSyllabus 2022OR, alternative to Q. 6
(i)Examine the key focus areas of the National Intellectual Property Rights Policy and explain how its seven goals aim to promote innovation, entrepreneurship and socio-economic development.
On May 12th, 2016, the Union Cabinet approved the IPR Policy. It acknowledges India’s well-established, TRIPS- compliant legal structure to protect IPRs and strives to balance her development objectives by making use of the flexibilities offered by the global regime. The Policy places a special emphasis on spreading knowledge about IPRs and emphasising their value as a marketable financial asset and a tool for the economy.
IPR Policy focus on:
•Improving access to healthcare, food security, and environmental protection, among other areas of critical social, economic, and technological importance.
•fostering creativity and innovation and thereby promote entrepreneurship and enhance socio-economic and cultural development.
The Policy outlines seven goals that are further defined with actions that must be taken by the designated nodal Ministry or Department. The goals are briefly discussed below: -
1.IPR Awareness: Outreach and Promotion – To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
2.Generation of IPRs - To stimulate the generation of IPR.
3.Legal and Legislative Framework - To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest.
4.Administration and Management - To modernize and strengthen service oriented IPR administration.
5.Commercialization of IPR - Get value for IPRs through commercialization.
6.Enforcement and Adjudication - To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
7.Human Capital Development - To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.
Source: ICSI Guideline Answers, December 2025, Q. 6A(i) (Syllabus 2022).
June 2025Q. 6A(ii)5 marksSyllabus 2022OR, alternative to Q. 6
(ii)The main goals on which National Intellectual Property Right Policy has focused are mainly to encourage innovation, enhance the business climate and commercially utilize intellectual property. Comment.
The National Intellectual Property Policy outlines seven goals that are further defined with actions that must be taken by the designated nodal Ministry or Department. The goals are briefly discussed below: -
•IPR Awareness: Outreach and Promotion - To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
•Generation of IPRs - To stimulate the generation of IPR.
•Legal and Legislative Framework - To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest.
•Administration and Management - To modernize and strengthen service oriented IPR administration.
•Commercialization of IPR - Get value for IPRs through commercialization.
•Enforcement and Adjudication - To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
•Human Capital Development - To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.
(5 Marks)
Source: ICSI Guideline Answers, June 2025, Q. 6A(ii) (Syllabus 2022).
December 2025Q. 6A(iv)5 marksSyllabus 2022OR, alternative to Q. 6
(iv)Discuss the scope of Intellectual Property as per Intellectual Property Rights.
The range of IP rights is wide, and there are two methods for classifying IP as either copyright or industrial property. Patents or inventions, trademarks, trade names, biodiversity, plant breeding rights, and other commercial interests are all examples of industrial properties. In order to profit from the invention, a patent gives its holder the sole right to exploit the Intellectual Property.
A novel creation, procedure, tool, or product is considered to be an invention. Copyright protects the expression of ideas that are distinct from patents but does not grant you the sole right to an idea. In addition to technological and scientific works, copyright also applies to the arts and literature. Copyright rules apply to everything, including music and audiovisual works. 60 years after the creator’s passing, copyright protection continues to be in effect. In other words, a writer’s book has copyright protection both during his lifetime and for 60 years following his passing. In contrast to patent laws, copyright laws do not mandate an administrative procedure.
Source: ICSI Guideline Answers, December 2025, Q. 6A(iv) (Syllabus 2022).
December 2024Q. 6A(i)5 marksSyllabus 2022OR, alternative to Q. 6
(i)What are main topics addressed by Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreements ?
The main Topics addressed by Trade Related Aspects of Intellectual Property Rights (TRIPS)
Agreement are as under:
How general rules and fundamental ideas of the global trading system apply to international intellectual property?
What are the minimum protection criteria for intellectual property rights that members should offer?
What mechanisms should members offer to defend those rights in their home countries?
Specific interim framework for resolving intellectual property disputes between WTO members in order to implement TRIPS requirements.
Special transitional arrangements for the implementation of TRIPS provisions.
Source: ICSI Guideline Answers, December 2024, Q. 6A(i) (Syllabus 2022).
December 2024Q. 6(b)5 marksSyllabus 2022
(b)A food and beverage company wants to protect its unique recipe under Trade Secrets law.
Can they do so ? Explain the concept of ‘Trade Secrets’ with examples. State the duration and conditions for preservation of the trade secrets.
Yes, they can do so Trade Secret A trade secret is a method, practice, procedure, design, instrument, pattern, or collection of information that is not widely known or easily discoverable and through which a company might gain a competitive edge over rivals or clients. An enterprise may gain a competitive edge from secret business information.
Examples Sales techniques, distribution strategies, consumer profiles, marketing plans, client and supplier lists, production procedures, and advertising strategies are all examples of trade secrets.
Duration and Conditions A trade secret can be preserved indefinitely, but there must be a significant amount of secrecy, making it difficult to obtain the information unless inappropriate means are used.
Source: ICSI Guideline Answers, December 2024, Q. 6(b) (Syllabus 2022).