An ISO 9001:2015 certified firm

01

Apr 24

RKD NewsNet March 2024

From the desk of Dr. Mohan Dewan | Assisted by: Adv. Arjun Pradhan Adv. Shubham Borkar

RKD NewsNet March 2024

1 Cover Story
IP Updates: Analysis of 10 Changes Brought About By the Indian Patents (AMENDMENT) Rules, 2024
2 RKD News
WIPO Patent Filing- International Statistics Adv. Isha Gandhi invited as a Guest Speaker Adv. Ranjit Wagh, appointed as a Notary Public
3 Analysis
Updates from Myanmar regarding Trademark and Copyright Registration
4 Thread Bare
Assam Crowns "Kaji Nemu" as its Official State Fruit
5 Spotlight
Conversations with Dr Dewan on Legality of Recreating Voices with Artificial Intelligence
Cover Story
IP Updates: Analysis of 10 Changes Brought About By the Indian Patents (AMENDMENT) Rules, 2024
CHANGE 1:

Change in Rules relating to submitting of details of corresponding applications (Section 8 Form 3) for a patent application under amended Patents (Amendment) Rules, 2024.
6 Snips and Specs
IPR Quiz For Those Who Don’t Know Everything
Hidden Gems of India – The Belum Caves
7 RKDecodes
Decoding Delicious Delicacies
– Dharwad Peda
Visit us at www.rkdewan.com | Write to us at niti_dewan@rkdewanmail.com | Follow Us on
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Cover Story
The submission of details of corresponding applications during the life of an Indian patent application until its grant or refusal was a major “pain point” and applicants were required to be vigilant about submitting these details under Section 8 (1) periodically. During the examination process Controllers have been raising objections if the 6 month period was missed even by a few days and have been asking applicants to file applications for condonation of delay.

In a welcome move the Patents (Amendment) Rules, 2024 has simplified this practice. Applicants are required to continue to file an undertaking on Form 3 at the time of making of the application in India, including national phase entry and convention application, and disclose details of all corresponding applications filed before the filing of the Indian application. But the subsequent updated filings of Form 3 every 6 months has been dispensed with. This has been replaced with a simplified procedure which requires the submission of details of subsequent filings of corresponding applications within 3 months from the date of issuance of the First Examination Report (First Statement of Objections). What is unclear from this amendment is that if there are any further updates whether they also need to be filed and do these updates themselves need to be updated periodically thereafter. But this aspect is independent of responding to the FER and is a mandatory requirement. If this deadline is missed, there is an extension period extending up to 3 months, by which these updated details can be filed along with an extension fee.

Section 8 (2) of the Patents Act, 1970 had another requirement under which applicants were required to submit documents relating to grants and the details of granted claims and other relevant details at least in the major patent offices. This requirement is now been dispensed with and Controllers are required to use accessible and available databases for considering the information relating to applications filed in a country outside India. If under Section 8(2) a Controller requires an applicant to furnish a fresh statement and undertaking giving the details of these corresponding applications the Controller will have to record her/his reasons in writing and direct the applicant to furnish a fresh statement. The applicant will then have 2 months from the date of the communication from the Controller to furnish the fresh statement, undertaking, and details in Form 3.

Discretion is also given to the Controller to condone any delay in filing these details or the Controller may ask the applicant to make a request for extension of time with a fee. The Form in respect of this change has also been amended.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Cover Story
CHANGE 2:

Change in Rules relating to filing of a divisional application under amended Patents (Amendment) Rules, 2024.

Rule 13 has been amended to include by way of clarification Rule 2A which clarifies that a patent applicant may file one or more divisional applications including in respect of an invention disclosed in the previously filed provisional or the complete specification or a further application filed under Section 16, which means a divisional application. This amendment clarifies that divisional applications can be filed even when the original application was accompanied by a provisional specification (that means a specification without claims) or another divisional application. Therefore, this amendment clarifies that also a divisional to a divisional is permitted.

CHANGE 3:

Change in Rules relating to making a request for examination for a patent application under amended Patents (Amendment) Rules, 2024.

Under the new Patents (Amendment) Rules, 2024 a request for examination is required to be made within 31 months from the date of filing of a patent application in India or from the date of filing of the earliest application from which the patent application filed in India claims priority. Effectively this means that for national phase entry under the Patent Cooperation Treaty (PCT) it will be advisable to file the request for examination along with national phase entry, particularly, as is the usual case, national phase entries happen almost at the end of term i.e., around the 31 months period.

In India, it is possible to file an application accompanied by a provisional specification or a complete specification. The complete specification takes priority from the date of the application filed accompanied by the provisional specification. Hence the 31 month period will need to be calculated in such cases, from the date of filing of the application accompanied by the provisional specification.

There is however a saving clause in the Patents (Amendment) Rules, 2024 which states that for patent applications filed before 15th March 2024, the 48 months period rule for filing of requests for examination will still apply.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Cover Story
However in order to get an application examined expeditiously, we always recommend filing of the request for examination at the time of filing of the application in India either as an ordinary application accompanied by a complete specification, or as a convention application or as a national phase entry. In the case of filing of a complete specification after provisional we recommend filing the request for examination at the time of filing of the complete specification.

CHANGE 4:


Change in Rules relating to Grace Period for a patent application under amended Patents (Amendment) Rules, 2024.

Prior to the amendment brought about by the Patents (Amendment) Rules, 2024 there were no direct provisions for claiming a grace period. The grace periods were provided on an ad hoc basis and were not required to be separately obtained. The provisions where grace periods apply are Sections 29, 30, 31, 32, and 33. Section 29 provides a grace period when an invention is previously published by a person wrongly, when that person is not the inventor and the invention was published without the consent of the inventor, even if this provision applies even if the other person presumably wrongly obtained from the inventor and without the inventor’s consent filed a patent application for the invention. Section 30 provides a grace period if the invention was communicated to the Government for the purposes of investigation. Section 31 provides grace period if the invention was displayed in an authorized exhibition or if the invention was reproduced in a paper read by the true and first inventor before a learned Society or published in the transactions of such a Society. Section 32 provides a grace period if there was public working only for the purposes of reasonable trial. Section 33 applies grace if there was publication and use after filing of a provisional specification. If all these aforesaid cases although there is disclosure of the invention it will not amount to destroying of its novelty. However, the Patents (Amendment) Rules, 2024 has clarified the provision only in respect of the grace period under Section 31 which is the grace period available for display of the invention in an exhibition or description of the invention in a paper read by the inventor or published in the transactions of a learned Society. To avail of the grace period when the invention is displayed in an exhibition or included in the transactions of a learned Society the grace period will have to be secured by furnishing appropriate documents in accordance with Form 31. The documents are rather stiff to obtain and include affidavits. The grace period available under this Section is 12 months.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Cover Story
CHANGE 5:

Change in Rules relating to Pre Grant Oppositions in respect to Patent Applications under amended Patents (Amendment) Rules, 2024.

Pre Grant Oppositions are a pain point for both patent applicants as well as practitioners. The Patents (Amendment) Rules, 2024 has introduced new provisions basically requiring the Controller to consider a representation more carefully than before. Previously when a representation of pre grant opposition was filed the Controller generally furnished the pre grant opposition and was not required to look into the pre grant opposition as to its content. Under the Patents (Amendment) Rules, 2024 a Controller is now required to look into the representation and decide whether a prima facie case is made out in the representation. If no prima facie case is made out the Controller is required to notify the Opponent accordingly and unless the Opponent requests to be heard the Controller is required to pass an order recording the grounds for refusal of the representation. If the Opponent requests for a hearing the rule has now clarified that after the giving Opponent an opportunity to be heard the Controller is required to pass an order within 1 month from the date of hearing either recording reasons for the refusal or prima facie acceptance of the
representation. This order shall only be notified to the Applicant. It is clear from this amended provision that the hearing at this stage is only between the Controller and the Opponent and the patent applicant will only be notified either the refusal or the acceptance of the representation of the opposition after this hearing takes place. On the other hand, if the Controller is satisfied that a prima facie case is made out in the representation the Controller is required within 1 month of receiving the representation to pass an order recording the Controller’s reasons for accepting the representation and is required to notify the Applicant accordingly. It is only after such a notification that the Applicant is required to file a rejoinder to the received representation but in a shorter period of 2 months from the date of receipt of the order and directions of the Controller. The rule relating to hearing i.e., Rule 62 has also been amended as a result of which if either of the parties decides to be heard that party will be required to inform the Controller along with fee and the Controller has the power to refuse to hear any party who has not given notice. If during the hearing either party desires to rely on a publication not already provided in the representation of opposition or in the Statement of Evidence that party wanting to relying on such publication is required to give 5 days notice of the party’s intention to rely along with details of such publication.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Cover Story
CHANGE 6:

Change in Rules relating to Post Grant Oppositions in respect of Newly Granted Patents under amended Patents (Amendment) Rules, 2024.

With a view to expedite post grant oppositions Rule 56 has been amended by which an Opposition Board is now required to submit its recommendations within a period of 2 months from the date on which the documents are forwarded to them.

CHANGE 7:

Additional Rules relating to Certificate of Inventorship with respect to a granted patent under amended Patents (Amendment) Rules, 2024.

Very often patents are created by inventors and they are assigned to their companies or other entities and the inventions get associated with the companies. Once a patent is granted it is very difficult for an inventor to be identified with the invention something that is created by her/him.

A new Rule 70(A) allows inventors to request for a certificate of inventorship in respect of a patent in force. A new Form 8A has been included in the Rules by which any inventor can apply to the Controller for issuance of a Certificate of Inventorship. This will increase the pride in the invention, and allow the inventor to leverage inventions created by her/him.

CHANGE 8:

Change in Rules relating to Payment of Renewal Fees in respect of Granted Patents under amended Patents (Amendment) Rules, 2024.

As a concession to patent holders the Patents (Amendment) Rules, 2024 has provided that renewal fees paid in advance through the electronic mode for a period of at least 4 years will be entitled to a 10% reduction this is not available for back renewals to be paid when a patent is granted. It is clarified that this concession is available only for renewals paid in advance.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Cover Story
CHANGE 9:

Change in Rules relating to the Patent Agent Exam under amended Patents (Amendment) Rules, 2024.

The syllabus for the Patent Agent exam has been amended to include not only the Patents Act, 1970 but also the Design Act, 2000 and Design Rules, 2001. Future candidates appearing for the Patent Agent exam will also have to study the Design Act, 2000 and Design Rules, 2001 and will also be required to study design specifications along with patent specifications.

CHANGE 10:

Change in Rules relatingto filing of a Statementof Working under amended Patents(Amendment) Rules, 2024.

Under the old amended rule Statements of Working were required to be filed within a 6 months period i.e., from 1st April of the start of the financial year up to 30th September in the financial year starting from the financial year commencing immediately after the financial year in which the patent was granted. This rule caused a lot of confusion and posed hardships to patent holders considering this confusion and hardship caused the Rule 131 (2) has been amended in relation to the frequency of the filing of the Statement of Working. The amended rule now prescribes that the Statement of Working shall be furnished once in respect of three financial years starting from the financial year commencing immediately after the financial year in which the patent was granted. Going backwards in terms of financial years the next Statements of Working will be required to be filed for patents that were granted prior to 31st March 2021and are still in force. Therefore in accordance with the amendment patentsthat were granted in this financial year i.e., before 1st April 2023 and up to 31st March 2024, the Statements of Working will need to be filed in the financial year commencing from 1st April 2027 and up to 30th September2027
only. The sub rule also provides that in case this time period is misseda delay may be condoned and this time period may be extended by a period of 3 months by filing a request for extension of time with fees. A Statement of Working file under the normal period can continue to be filed without paymentof any fee. In a previous amendmentto the Patents (Amendment) Rules, 2024 a single Statement of Working form can be used in respect of relatedpatents the Form in respect of this change has also been amended.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
RKD News
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
RKD News
R K Dewan & Co. is delighted to share that, Adv. Isha Gandhi, Senior Legal Associate, from our firm was invited as a Guest Speaker by the prestigious Bharati Vidyapeeth's New Law College, Sangli.

On March 12th, 2024, Isha delivered a session for the 'Lead College Activity on Intellectual Property Rights,' titled "Copyright Law with references to commercial dealing of Copyright work."

Her insightful talk explored the intricacies of copyright law in relation to commercial dealings. Isha engaged the audience, comprised of students, professors, and research scholars, by presenting relevant case studies and facilitating thoughtprovoking discussions.

R K Dewan & Co. extends gratitude to Bharati Vidyapeeth's New Law College for this opportunity. We look forward to such further knowledge-sharing initiatives, fostering a more IPR-aware society.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
RKD News
R K Dewan & Co is pleased to announce that Adv. Ranjit Wagh, Senior Legal Associate, of our firm has successfully has been appointed as a Notary Public by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, Notary Cell

This prestigious recognition is a testament to Adv. Wagh's hard work, dedication, knowledge of the legal intricacies and strengthens our firm's ability to provide comprehensive legal services to our valued clients.

The R K Dewan & Co family extends its heartfelt congratulations to all the appointed notaries on this well-deserved achievement and a bright future ahead.
UPDATES FROM MYANMAR REGARDING
Analysis
TRADEMARK AND
COPYRIGHT REGISTRATION
MYANMAR – REGISTRATION OF TRADEMARKS

In January 2019, the Government of Myanmar passed their Trademark Law, thereby paving the way for creation of an organized intellectual property system. The new trademark law implemented the “first-to-file” system from the previous “first-to use” system. Accordingly, all the marks recorded at the time of the passing of the new law would need to be re-filed and examined once the new law entered into force in order to gain protection in Myanmar.

The registration process includes both formal and substantive examination, publication for opposition and then granting of the certificate. Opposition on absolute or relative grounds is possible within 60 days as from the date of publication.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Analysis
The trademarks registered under the new trademark law will be valid for 10 years from the filing date and renewable every 10 years. A priority claim will be also acceptable.

The “soft opening period” for filing new applications began on 1st October 2020. The application process was exclusively open for existing holders of trademarks recorded under the old system, and/or trademark owners who did not have any prior registration, but whose marks were actually being used in the markets in Myanmar. Such applicants could file their applications with substantial evidence of use of their marks in the local markets of Myanmar.

In March 2023, the Myanmar Intellectual Property Department announced that the new trademark law would come into force from 1st April 2023. Later, it was announced that the grand opening of the trademark registration system would come into effect in Myanmar from 26th April 2023 following which the trademark filing process was made open to all interested parties. The applicants who had submitted their applications during the soft opening period were called to submit the notarized TM2 and pay official fees before the deadline of 31st May 2023. The Myanmar Intellectual Property Department has informed trademark attorneys in MARCH 2024 that they have begun examination of trademark
applications and that they will begin issuing examination reports in respect of filed applications soon.
The Myanmar Intellectual Property Department is still working on the finer aspects of the law and procedure; however, the introduction of a proper law will assist the owners of trademarks to protect their trademarks and avoid infringement issues in Myanmar.

MYANMAR IMPLEMENTS NEW COPYRIGHT REGISTRATION SYSTEM
Myanmar has begun accepting applications for copyright and related rights registration as of February 9, 2024. This marks the culmination of establishing procedures under the country's new Copyright Law of 2019.

Key Changes and Benefits:
  • The Intellectual Property Department (IPD) now manages copyright and related rights registration.
  • The Ministry of Commerce (MOC) issued detailed guidelines and official forms through a series of notifications in late 2023.
  • Copyright registration, previously automatic, is now voluntary but offers several advantages:
  • Provides stronger evidence of ownership and rights in case of disputes.
  • Allows rights holders to register and manage economic rights (transfer or license).
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Analysis
  • Strengthens applications for customs recordation to prevent unauthorized imports.
  • Allows any interested party or legal entity to apply for the cancellation of registered
    copyrights or related rights if they demonstrate sufficient grounds indicating adverse effects on individual or public interests.
DISPUTE RESOLUTION AND ENFORCEMENT
  • The new law facilitates civil remedies through the Intellectual Property Court for copyright infringement.
     
  • Rights holders can pursue legal action against infringers through both civil and criminal proceedings.
     
  • The law prescribes significant penalties, including imprisonment and fines, for copyright-related offenses.
     
  • The offences include direct or indirect reproduction, communication or distribution to the public of protected copyrights or related rights, possession or trading of pirated copyright or related rights goods, and importing pirated copyright or related rights goods into Myanmar, as well as possession of materials used in making pirated copyright or related rights goods.

    Important Note
Specific procedures for customs recordation are still under development.

Previously, Myanmar relied on a 1914 Copyright Act lacking a formal registration system. The new framework enhances copyright protection and empowers creators to safeguard their works

R K Dewan & Co. will be glad to assist in protecting your trademarks and copyrights in Myanmar.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Thread Bare
ASSAM CROWNS "KAJI NEMU" AS ITS OFFICIAL STATE FRUIT
Assam's unique citrus gem, the Kaji Nemu, has officially been declared the State fruit by the state government. This announcement, made by Agriculture Minister Atul Bora on Tuesday, recognizes the cultural and economic significance of this regionally-specific lemon variety.

Kaji Nemu, also known scientifically as Citrus Limon, stands out from the ordinary lemon with its oval shape, distinct aroma, and exceptional juiciness. Awarded the prestigious Geographical Indication (GI) status in 2019, this fruit holds deep cultural significance in Assam and other parts of the Northeast region. Minister Bora highlighted the unique characteristic of its year-round fruit production, with two peak seasons, making it a valuable source of income for farmers.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Thread Bare
Boosting Production and Exports:

The cabinet's decision aims to not only recognize the fruit's cultural importance but also to boost its production and export potential. Minister Bora noted the increasing demand for Kaji Nemu in the Middle East, which has already led to a rise in exports from Assam. He believes this state-level recognition will further incentivize farmers to cultivate the fruit, elevating its profile and economic impact.

Kaji Nemu: A Nutritional Powerhouse:

Kaji Nemu is not just delicious; it is also packed with essential nutrients. Minister Bora emphasized its rich composition of citric acid, malic acid, vitamins (C, E, B6), essential oils, and other health-promoting elements. This nutritional profile, combined with its distinct taste, makes Kaji Nemu a valuable addition to any diet.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Spotlight
Conversations with Dr Dewan on Legality of Recreating Voices with Artificial Intelligence
Question: Hello Sir, how are you doing this day?

Dr. Dewan:I am well. Tell me, what can we talk about today?

Question: I recently read about the legal notice sent by the family of legendary singer S.P. Balasubrahmanyam to the makers of "Keedaa Cola" as the music director of the film used AI to recreate S.P. Balasubrahmanyam’s voice without taking the family’s permission. It sparked a lot of questions in my mind.

Dr. Dewan: I would be happy to answer these questions for you.

Question: Thank you, Sir. My first question is, should song creators using AI to replicate a deceased singer's voice seek permission from the family or heirs?

Dr. Dewan: Protection may indeed be available under the Copyright Act 1957 and yes, permission is necessary.
Question: But since Copyright is a right granted over the creation of particular works, wouldn't copyright only apply to works created during the singer's lifetime? If, through AI, a new song is made after the singer has died, can the family of the deceased singer claim ownership over the same?

Dr. Dewan: You raise a good point. To answer this, understanding how AI recreates voices is crucial. Each singer has a unique vocal fingerprint". This comprises a singer’s tone, pitch, timbre, amplitude, texture, and phrasing. AI leverages a vast library of vocal samples and recordings of how the singer sang specific notes in various scales. These are like building blocks. When presented with lyrics, melody, and scale, AI assembles these unique note samples of the singer to create a new song.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Spotlight
Question: Interesting. But wouldn't the copyright in each such sample, even if it lasts for a fraction of a second, be owned by the singer? Copyright protection lasts for 60 years after their death, right?
Dr. Dewan: Exactly. Even though AI rearranges them, S.P. Balasubrahmanyam's heirs still hold the copyright to each note he sang. Using these vocal samples without authorization constitutes copyright infringement.

Question: Fascinating, Sir! Your explanation about singers' unique vocal signatures really clarifies the "Keedaa Cola" case. Now, I'm curious – does the same legal perspective apply to actors' voices, specifically when used in AI-generated narration for films? Could a filmmaker using a deceased actor's voice for narration face legal repercussions?
Dr. Dewan: Excellent question. Just like singers, actors possess a distinct "vocal fingerprint" too. Their unique delivery, cadence, and inflection breathe life into every syllable they utter. And, wouldn't you know it, copyright protection extends to those syllables as well! Each time an actor speaks a line, he or she holds copyright over that specific vocal expression.

Question: So, similar to the "Keedaa Cola" case, using an actor's voice for narration without permission will constitute copyright infringement, even if AI technology is involved?
Dr. Dewan: Precisely! Replicating an actor's voice through AI, regardless of the medium, raises the same legal concerns. The question of consent and authorization become paramount. Imagine a film using a late or living actor's voice for narration without informing the actor or his family. It's not just a legal issue, but an ethical one as well.
Question: This certainly opens up a Pandora’s box of considerations. Does this mean filmmakers using audio recordings of deceased actors for documentaries require special permissions?
Dr. Dewan: It's a nuanced situation. Fair use principles might apply in certain documentary contexts, where snippets of an actor's voice are used for informative or critical purposes. However, using their voice for narration purposes, especially for commercial gain, would likely necessitate obtaining consent from the actor’s family.

Question: Sir, I've also come across information about a "fair use" provision in copyright law that supposedly allows using 10- 30 seconds of music without copyright concerns. Is there any truth to this?
Dr. Dewan: It's a common misconception. The idea of a fixed safe" duration under fair use is a myth, particularly when it comes to
commercial use. While some jurisdictions might allow very brief snippets, others consider even a single second enough for infringement.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Spotlight
Moreover, in India, the legal position is unambiguous: even fractions of a second used without permission or a single frame constitutes copyright infringement. It is crucial to remember that fair use hinges on the purpose and character of your use, not solely on the duration.
Question: That clarifies things significantly. So, the legality of using copyrighted material, even in small amounts, ultimately depends on the context and intended use, not just a specific time limit?
Dr. Dewan: Precisely. Fair use offers flexibility, but it's not a blanket rule. Factors like the nature of the copyrighted material, the transformative purpose, the amount and substance of the portion used, and the potential impact on the market value of the original work all contribute to the evaluation.

Question: Thank you sir. Now that the legal waters are clear, what about the ethical considerations regarding the same?
Dr. Dewan: Ethics are an equally important piece of the puzzle. While AI opens up exciting possibilities, recreating a deceased artist's voice without consent raises concerns about respect for their legacy and potential commercial exploitation. Imagine their voice, infused with emotion and memories, being used for mere profit without permission. A.R. Rahman's approach in "Lal Salaam" stands out – he sought permission and compensated the families involved.
Question: A commendable act indeed! This discussion highlights the complex dance between AI and artistic expression. Thank you for breaking it down, Dr. Dewan.
Dr. Dewan: This is just the beginning. The "Keedaa Cola" case sparks further questions. Should specific laws govern AI-generated artist voices? And I must add that nothing at present is purely AI generated. There is always a human who creates prompts and submits them to the AI Engine. Such a person is responsible for copyright infringement. Questions like, “How can we establish ethical frameworks for respectful use?”, “What role can artists and their families play in shaping this future?” need to be asked.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Spotlight
Question: This certainly complicates the creation of creative works in the digital age. What about honouring wishes of actors? Could they express their preference beforehand regarding the use of their voice after their passing?
Dr. Dewan: A fascinating proposition. Perhaps actors could include provisions in their wills or create digital legacy plans outlining their preferences for postmortem use of their voice. This proactive approach could navigate potential legal and ethical uncertainties in the future.
Question: This discussion paints a clear picture of the complex interplay between AI, artistic expression, and legal considerations. Thank you for illuminating the landscape, Sir.
Dr. Dewan: As technology continues to evolve, fostering an open dialogue and exploring nuanced solutions will be crucial. Balancing artistic freedom with respect for individual rights and legacy will be the true masterpiece in this dynamic equation.
IPR Quiz
Snips & Specs
A. What do intellectual assets encompass?
  1. Only physical inventions and 1. tangible property
  2. Inventions, ideas, art, designs, brands, and logos created by the mind
  3. Only tangible property and real estate
  4. Intellectual and physical property that cannot be bought or sold
B. What are some of the key functions of Trademarks?
  1. They primarily serve as decorative elements on products.
  2. They help identify the source/origin of goods/services.
  3. They are used to prevent communication about products.
  4. They have no impact on consumer trust or purchase decisions.
C. Which of the following cannot be patented?
  1. Mobile device
  2. GPS
  3. User Manual
  4. Wireless radio device
D. Which Indian state is known for the geographical indication (GI) "Chanderi Sari"?
  1. Rajasthan
  2. Madhya Pradesh
  3. Uttar Pradesh
  4. Gujarat
(Answers at the end of the Newsletter )
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Snips & Specs
For Those Who Don't Know
Everything
- Provided by my good friend, Philip Furgang.
  • Almonds are a member of the peach family.
     
  • An ostrich's eye is bigger than its brain.
     
  • Babies are born without kneecaps; they don't appear until the child reaches 2 to 6 years of age!
     
  • Butterflies taste with their feet.
     
  • Cats have over one hundred vocal sounds. Dogs only have about 10.
     
  • "Dreamt" is the only English word that ends in the letters "mt".
     
  • February 1865 is the only month in recorded history not to have a full moon.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Snips & Specs
Hidden Gems of India:
The Belum Caves
Welcome to a journey of discovery and wonder as we embark on a series of blogs that unveil the enigmatic and uncharted realms of India. In a country as vast and diverse as India, the troves of hidden gems and lesser-known marvels remain scattered like secrets waiting to be unravelled. Beyond the renowned landmarks and bustling metropolises, lie the hidden places that encapsulate India's rich tapestry of culture, history, and natural beauty. Our series of blogs is your passport to a world where ancient temples, forgotten caves, serene lakes, and mystical forests come to life. Join us as we delve deep into the heart of this incredible nation, shedding light on the obscure, the mystical, and the rarely explored corners of India.

Each blog will be a portal to these hidden treasures, offering insights, anecdotes, and practical tips for those intrepid travellers and culture enthusiasts who seek the extraordinary and the untraded paths that India has to offer. Prepare to be captivated, inspired, and enthralled as we unveil India's hidden wonders, one blog at a time.

Deriving its name from the Sanskrit word ‘bilum’ meaning caves, Belum caves is burrowed in the Nandyal district of Andhra Pradesh. These monumental caves were first discovered by a British Archaeologist named Robert Bruce Foote in 1884. However, they remained unnoticed for more than hundred years until 1992 when a German archaeological team headed by a German Speleologist, Herbert Daniel Gebauer conducted an in-depth survey to explore these caves to discover the stalactite and stalagmite formations, the sinkholes, the history of the cave, etc. The eponymous ‘Gabeaur Hall’ is a part of the entrance of the cave honouring Herbert Daniel Gebauer’s contribution in the explorative expedition of the Belum caves. Only after the detailed exploration did the Andhra Pradesh Government declare it as a protected site in 1988. After the development of the site, such as making it more accessible to visitors, the Belum caves endure to stand as a captivating location for the travelers and geologists since 2002. Tourists and geological enthusiasts may pay a visit to witness the miracles of these magnificent caves during the winter season.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Snips & Specs
HISTORY

The history of this cave is fascinating with peculiar folklores and facts. These caves were considered as homes to the Neanderthals in the ancient period, as the Archaeological Survey of India found remains of vessels of the pre-Buddhist era dating back to 45000 BCE. Along with these containers many Buddhist relics such as ornaments and traditional attires were also discovered from the caves that are now conserved in the District Archaeological Museum, in Anantapur, Andhra Pradesh. To commemorate this testament, a forty feet tall Buddha Statute was constructed by the Andhra Pradesh Tourism Development Corporation in front of the caves in 2005.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
Snips & Specs
UNIQUE FEATURES OF THE CAVES
This mesmerizing hidden gem is unusually structured. While the total area of the caves encompass of three and a half kilometres; upto only one and a half kilometre is accessible for visitors. These caves are naturally adorned by natural mineral formations like stalactites, stalagmites, colonnades, enormous fissures, water tunnels, and sinkholes.
Furthermore, these caves possess an abundance of natural spectacles within itself such as a natural underground cave formed by the perpetual stream of an underground Chithravati River, which is nearly 150 feet deep from the entrance level.
Another natural spectacle that these caves possess is a waterfall running down mysteriously to another deep point inside the earth. The movement of the water from the Chithravati River has created three spectacular sinkholes within the caves; which are marvelled by the visitors.
Finally these caves are also home to melodious rocks; when the rocks of the caves are struck they produce musical notes, orchestrating even a melodious performance when hit skilfully with bamboo shoots. In 2003, the Andhra Pradesh Tourism Development Corporation won the esteemed ‘National Tourism Award’ from the Ministry of Tourism and Culture, Government of India, for its initiatives in developing and promoting Belum Caves.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
RKDecodes
Decoding Delicious Delicacies:
Dharwad Pedha
When it comes to food, the name of a dish holds meaning beyond just identification. The name of a dish can give insight into the history behind it, the ingredients used, or even the cultural significance it holds. In this series of blogs, we will explore the history behind famous Indian dishes.
Dharwad Pedha is one of Karnataka’s most beloved confections that are traditionally distributed when a person bears good news to be shared among wellwishers. Now, a popular dessert across the country, with multiple outlets dedicated to sell this dessert, but back when this sweet dish was sold only in one shop in Dharwad (a city in the State of Karnataka) in an area called Line Bazar people did not mind standing in a queue for hours together just to get their sweet-tooth cravings satisfied. This article provides an insight into the odyssey of Dharwad Pedha’s accord of Geographical Indication tag.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
RKDecodes
TRACING THE HISTORY

There are many anecdotes floating around the origin of the legendary Dharwad Pedha. One such anecdote suggests that the Jahagirdars (Zamindars) of Hebballi, a village near Dharwad brought Ayodhya Prasad “Mishra” from Varanasi (a city in the State of Uttar Pradesh) back home in 1895. The Jahagirdar used to visit Uttar Pradesh frequently to buy horses and thus, along with the migration of Thakurs, started the migration of Pedhas to Dharwad.

Another narrative suggests that the Dharwad Pedha is an improvised version of the famous Mathura Pedha but with its own distinctive brown colour and unique taste. However, the most credible history of Dharwad Pedha that vindicates other narratives is the one that can be traced back to the late 18th century. Ironically, the history of Dharwad Pedha has a savoury past. A few families living in Unnao, Uttar Pradesh migrated down to the south to Dharwad, Karnataka to escape the deadly plague that was spreading rapidly in Uttar Pradesh. Amongst those families was the Thakur family. Mr. Ram Ratan Singh Thakur was known to be the first generation confectioner in his family. After migrating to Dharwad with meagre funds he started preparing ‘Pedhas’ and selling them in Dharwad. Initially, they set up a small venture but it is said that their popularity soared when the Governor of Bombay visited Dharwad in 1913 and was served the Dharwad Pedha made by the Thakurs.
Charmed by the tantalizing and heavenly taste, the Governor issued a certificate to accord Dharwad Pedha an official recognition. With no time, the Dharwad Pedha became so popular that local people of Dharwad began identifying it by his name and as “Line Bazaar Pedha” (the name of the street on which the shop is located).

Thus, began the eventful journey of Dharwad Pedha!

THE DELECTABLE LEGACY
The 120 years old Dharwad Pedha is prepared using the finest khoya (dried evaporated milk), pure ghee and sugar. The khoya is made using milk procured from local areas in Dharwad aiding to its unique taste. Milk and sugar are the main ingredients that are cooked on a wood fire till the colour turns brown, the high fat content in the milk is imperative for the superlative taste. The final product that takes three hours to prepare is rolled in white sugar powder and served in small quantity.

The production of Dharwad Pedha is made on a daily basis in enormous batches as it is highly non-perishable maintaining its integrity for twenty days due to its low moisture content. The soft, sweet mouth-watering Dharwad Pedha is a delicious dessert that is now sold in shops run by a handful of Thakur and Mishra families.
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
NEWSNET
MONTHLY NEWSLETTER
MARCH 2024
RKDecodes
There are two other variants of the Dharwad Pedha; one that is granular and one made with saffron. But the original Dharwad Pedha retains popularity amongst Indians across the nation due to its rich milky texture and its sugar-coated delight.

As the preparation of Dharwad Pedha is a closely guarded trade secret passed down from generations, one can only speculate on the secret ingredients that are used to make this delightful milk sweet treat. This family run business is highly labour intensive and the success is attributed to the recipe shared by the family, to ensure both the quality and taste.

Since 1913, the descendants of Mr. Ram Ratan Singh Thakur stand out in their contribution for its popularity and tiring efforts. Presently, Mr. Durga Singh Thakur, the fifth generation of (Late) Mr. Ram Ratan Singh Thakur, is carrying on the rich and unique family tradition of making Dharwad Pedha.
THE GEOGRAPHICAL INDICATION
ACCORD

Owing to the rich historical background of Dharwad Pedha the family i.e., Thakur's Dharwad Pedha Manufacturers' Welfare Trust applied to get Dharwad Pedha registered as a Geographical Indication to safeguard their interests and ensure authenticity in the circulation of Dharwad Pedha. The palatable Dharwad Pedha with more than a 200-year old history was awarded the Geographical Indication Tag by the Geographical Indications Registry under Class 29 i.e., under Milk products in the year 2007. The Geographical Indication tag was granted for the geographical territory of Dharwad District. Thus, the centuries-old tradition of making Dharwad Pedha continues to spread saccharinity as soon as people relish into this sweet delicacy.
 
We do not claim any copyright in the above image. The same has been reproduced for academic and representational purposes only
MARCH 2024
NewsNet is a monthly compilation of articles and updates by R K Dewan & Co. This publication is intended to be circulated for informational purposes only. The publication in no way constitutes legal advice/opinion being provided by R K Dewan & Co. to its readers or the public at large. R K Dewan & Co. encourages readers to seek professional legal advice before acting upon the contents provided herein. The firm shall not be responsible for any liability or loss that may be attributed to the contents of this publication. This publication is the property of R K Dewan & Co., and the same may not be circulated, distributed, reproduced, or otherwise used by anyone without the prior express permission of its creators.
Quiz Answers: A-2; B-2; C-3; D-2
CLICK TO SUBSCRIBE OUR NEWSLETTER
Keep yourself acquainted with the latest in IP news. Subscribe to our free newsletter to get regular updates.
Visit us at www.rkdewan.com | Write to us at niti_dewan@rkdewanmail.com | Follow Us on

Go To Top