II Year Handouts

7/31/2019 II Year Handouts

1/26

What is Product Development?

Product development is the process of designing, creating, and marketing an idea or product. The

product can either be one that is new to the marketplace or one that is new to your particular

company, or, an existing product that has been improved. In many instances a product will be

labeled new and improved when substantial changes have been made.

Product Development Process

All product development goes through a similar planning process. Although the process is a

continuous one, it is crucial that companies stand back after each step and evaluate whether the

new product is worth the investment to continue. That evaluation should be based on a specificset of objective criteria, not someone's gut feeling. Even if the product is wonderful, ifno one

buys it the company will not make a profit.

Brainstorming and developing a concept is the first step in product development. Once an idea isgenerated, it is important to determine whether there is a market for the product, what the target

market is, and whether the idea will be profitable, as well as whether it is feasible from anengineering and financial standpoint. Once the product is determined to be feasible, the idea orconcept is tested on a small sample of customers within the target market to see what their

reactions are.

Product Development can be accomplished in following stages:

Documentation

Simply having an "idea" is worthless--you need to have proof of when you came up with the idea

for your invention. Write down everything you can think of that relates to your invention, fromwhat it is and how it works to how you'll make and market it. This is the first step to patenting

your idea and keeping it from being stolen. You've probably heard about the "poor man's patent"-

-writing your idea down and mailing it to yourself in a sealed envelope so you have dated proofof your invention's conception. This is unreliable and unlikely to hold up in court. Write your

idea down in an inventor's journal and have it signed by a witness. This journal will become your

bible throughout the patent process. An inventor's journal can by anybound notebook whosepages are numbered consecLitively and can't be removed or reinserted. You can find specially

designed inventor's journals at bookstores (try Nolo Press or the Book Factory to start), or you

can save money and purchase a generic notebook anywhere they're sold, such as the grocerystore, office supply store, stationary store, etc. Just make sure it meets the requirements above.

Research

You will need to research your idea from a legal and business standpoint. Before you file a

patent, you should:


2/26

Complete an initial patent search. Just because you haven't seen your invention doesn't meanit doesn't already exist. Before you hire a patent attorney or agent, complete a rudimentary search

for free at www.uspto.gov to make sure no one else has patented your idea. You should also

complete a non-patent "prior art" search. If you find any sort of artwork or design related to your

idea, you cannot patent it--regardless of whether a prior patent has been filed.

Research your market. Sure, your brother thinks your idea for a new lawn sprinkler is a greatidea, but that doesn't mean your neighbor would buy one. More than 95 percent of all patents

never make money for the inventor. Before you invest too much time and money into patenting

your invention, do some preliminary research of your target market. Is this something people will

actually buy? Once you know there's a market, make sure your product can be manufactured anddistributed at a low enough cost so that your retail price is reasonable. You can determine these

costs by comparing those of similar products currently on the market. This will also help you

size up your competition--which you will have, no matter how unique you think your inventionis.

Making a Prototype

A prototype is a model of your invention that puts into practices all of the things you have

written in your inventor's journal. This will demonstrate the design of your invention when youpresent it to potential lenders and licensees.Do not file a patent before you have made aprototype. You will almost always discover a flaw in your original design or think of a new

feature you would like to add. If you patent your idea before you work out these kinks, it will be

too late to include them in the patent and you will risk losing the patent rights of the new designto someone else.

Here are some general rules of thumb when prototyping your invention:

1. Begin with a drawing. Before you begin the prototyping phase, sketch out all of your ideasinto your inventor's journal.

2. Create a concept mockup out of any material that will allow you to create a 3-D model of yourdesign.

3. Once you're satisfied with the mockup, create a full-working model of your idea. There aremany books and kits that can help you create prototypes. If your invention is something that will

cost a lot of money or is unreasonable to prototype (like an oil refinery process or a new

pharmaceutical drug), consider using a computer-animated virtual prototype.

Filing a Patent

Now that you have all of the kinks worked out of your design, its finally time to file a patent.There are two main patents you will have to choose from: a utility patent (for new processes or

machines) or a design patent ( for manufacturing new, non obvious ornamental designs). You

can write the patent and fill out the application yourself, but donot file it yourself until you have
http://www.uspto.gov/http://www.uspto.gov/


3/26

had a skilled patent professional look it over first. If the invention is really valuable, someone

will infringe on it. If you do not have a strong patent written by a patent attorney or agent, youwill be pulling your hair out later when a competitor finds a loophole that allows them to copy

your idea. It's best to get the legal help now to avoid any legal problems in the future.

When searching for a patent attorney or agent, remember one thing: If you see them advertised

on TV, run away! Once you are far, far away, follow these steps to choosing the best patentprofessional:

1. Do your homework. Have your inventor's journal, prototype and notes with you. This will

save them time, and you money. This will also help persuade them to work with you.

2. Make sure they are registered with the U. S. Patent and Trademark Office.

3. Ask them what their technical background is. If your invention is electronic, find a patent

professional who is also an electrical engineer.

4. Discuss fees. Keep your focus on smaller patent firms. They are less expensive and will workmore closely with you. Agree to the estimated total cost before hiring your patent professional.

Marketing your invention

Now it's time to figure out how you're going to bring your product to market. Create a business

plan: How will you get money? Where will you manufacture the product? How will you sell it?

Now is a good time to decide if you will manufacture and sell the product yourself, or license it

for sale through another company. When you license your product you will probably onlyreceive two percent to five percent in royalty fees. This often scares away inventors who feel

they deserve more. But consider the upside: You wi II not have the financial burden associatedwith maintaining a business. This could end up making you more money in the long run.

Following these five steps will ensure an easy road to patenting your invention. Just rememberthat an easy road doesn't necessarily mean a short one. From the time you conceive your idea to

the time you see your product on the shelf is a very long process. Most inventions take years to

come to fruition. Have patience and follow due diligence in your steps to patenting yourinvention and your years of hard work will finally payoff.


4/26

Downloaded By: [Bhoobalan][INFLIBNET India Order] At: 12:00 21 A2010


5/26

Downloaded By: [Bhoobalan][INFLIBNET India Order] At: 12:00 21 A2010


6/26


7/26


8/26

Sketching in early conceptual phases of product design:

guidelines and tools

Josef Ponn, Udo Lindemann, Holger Diehl, Franz Mller

Institute of Product Development

Technische Universitaet Muenchen

Boltzmannstr. 15,

85748 Garching, Germany

ABSTRACT

The early phases of product development play a significant role for the success of a product and the prevention of

time and money consuming changes in late phases. This paper describes a new methodological approach for the

genereration of principle solutions in the form of sketches in early phases of product development. A guideline has

been developed for a target-oriented and efficient progression from working principles to principle solutions. Inparticular, the linkage between physical effects and form parameters (geometry, materials etc.) has been investi-

gated. A computer system including physical effects as features which can be used for the generation of digital

principle sketches is described as a vision. Such a system offers the potential of facilitating routine work and sup-

porting the engineer in defining solution concepts at early stages of product design.

Categories: Inferring shape from sketches, sketching diagrams.

1. Introduction

In early phases of design, concepts are created by defining

functions to be realized, searching for adequate working

principles and deriving principle solutions. In this phasesketching plays an important role since the level of infor-

mation is still relatively low, the created product represen-

tations are fuzzy and not as exact as the CAD models

which are created later in order to allow for manufacture of

the product. A lot of expensive and time consuming

changes in late phases of a project can be avoided by put-

ting more effort into systematic, methodological proceed-

ing during the early phases.

Within the scope of this paper a new approach to design in

early phases of product development is introduced which

focusses on a systematic derivation of principle solutions

from working principles. The main idea is to link physical

effects to corresponding form parameters.

A working principle reflects the physical effects needed

for the fulfilment of a given function. A principle solution

represents the concretization of the working principle

within a working structure [PB*96]. The principle solution

comprises aspects like the overall shape, material or ar-

rangement of product elements. Corresponding product

representations are sketches, schematic drawings etc. as

opposed to detailed CAD drawings which include all in-

formation needed for production (such as exact geometry,

tolerances etc.). Common expressions used in literature for

the same context are: form design, layout design, draft

design or scheme design.

Also, a vision of a sketching system is pictured which

supports the processes in the form design phase.

2. Motivation of research

Before describing the new approach to the creation ofprinciple solutions, the motivation of the research activity

shall be explained. First, the importance of early phases of

product development is stressed. This is followed by the

consideration of how design methodology supports a sys-

tematic proceeding in this phase. Also, the reference to the

topic of the workhop, sketching, is pointed out.

2.1 Importance of early stages of product development

Errors, unwise decisions and unsystematic proceeding in

early stages of the product development process lead to

expensive changes in late phases. This is a fact stated by

many experts in industry. Important aspects with respect to

this problem are:

The information level in early phases is still low.Therefore the best solution to a problem is not obvi-

ous at once in most cases. Here, a thorough clarifica-

tion and documentation of requirements, systems en-

gineering and functional analysis can help cope with

this fact.

Often the first solution that comes in mind is chosen,worked out and elaborated. After spending a consider-

able amount of time and money, it becomes clear that

there are flaws in the concept or important require-

EUROGRAPHICS Workshop on Sketch-Based Interfaces and Modeling (2004)

John F. Hughes and Joaquim A. Jorge (Editors)

c The Eurographics Association 2004.


9/26

ments have been neglected. Again, a careful clarific-

tion of the task is vital, as well as the explicite consid-

eration of possible alternative solutions.

Existing knowledge from previous projects is oftennot considered or used, the wheel is reinvented, so to

speak. Helpful in this context are solution catalogues,

(containing physical effects, machine elements etc.)for a targeted search for existing solutions. Graphical

representations of the solutions contained within these

catalogues (drawings, sketches, schematic figures) are

an essential part of the information and helpful for a

fast retrieval.

The verbal description of problems or solutions entailscommunication problems, especially in processes

where the information content is still low. There exist

different points of view and a different vocabulary

(provider vs. client, product designer vs. manufactur-

ing engineer, technician vs. sales staff) By working

with graphical representations, some of these prob-lems can be dealt with more easily!

To avoid undesired effects such as the ones mentioned

above special importance has to be placed on the early

stages of product development. Here, requirements have to

be clarified and solution concepts are created. In order to

create high quality solutions while keeping the effort (time,

cost) low, engineers should have methods, guidelines and

tools at hand supporting them in this stage of the design

process.

2.2 Importance of sketching in early phases

First concepts are rarely modeled in CAD systems sincethey imply the implementation of exact geometrical infor-

mation. The images and ideas which arise in the mind of

the engineer while working on a design task or problem are

fuzzy and often undefined. Sketching plays an important

role in this stage. Design is creating product representa-

tions: pencil sketches on paper, abstract schematic draw-

ings, concrete illustrations of details etc. Two aspects of

interest that have to be considered are:

How are sketches created? This aspect refers to thetools and systems supporting the engineer in the crea-

tion of sketches.

Why are sketches created? Which purpose serves thesketch? What is represented in the sketch?

Question number one, dealing with sketching systems,

will be addressed in chapter 4.5. First of all, a closer look

is taken on the second question. In order to give an answer,

the underlying processes of design in early product devel-

opment stages have to be considered.

3. Methodological background

In literature, there exist various procedural models indicat-

ing how design processes can be executed with efficiency

and target orientation. In this chapter, the dimensions of thedesign process are looked at from a methodological point

of view and the utility of sketching is considered.

3.1 Processes and product representations in earlyphases of design

In design methodology various procedural models have

been devised for a systematic navigation through the de-

sign process. The four main phases according to Pahl and

Beitz [PB*96] are the clarification of the task, the concep-

tual design, the embodiment design and the detail design.

When referring to the early phases, the focus shall be

placed on the conceptual design stage within this context.

A more detailed process model is given by VDI 2221

[PB*96] (see figure 1).

Clarify and definethe task

Determine functionsand their structure

Search for solution principlesand their combinations

Divide into realisablemodules

Develop layout ofkey modules

Complete overalllayout

P repare production andoperating instructions

Iterateforwardsandbackwardsbetween

previousandfollowing

stages

Task

Further realisation

S pecification

Function structures

P rinciple solutions

Module structures

P reliminary layouts

Definitive layouts

P roduct Documents

Clarify and definethe task

Determine functionsand their structure

Search for solution principlesand their combinations

Divide into realisablemodules

Develop layout ofkey modules

Complete overalllayout

P repare production andoperating instructions

Iterateforwardsandbackwardsbetween

previousandfollowing

stages

Task

Further realisation

S pecification

Function structures

P rinciple solutions

Module structures

P reliminary layouts

Definitive layouts

P roduct Documents

Figure 1: VDI 2221

The process starts with clarification and definition of the

task and specification of requirements. Based upon these

requirements, functions and their structures are defined and

modeled. Then, working principles can be determined

which are suitable for the realization of the defined func-

tions. Principle solutions are created, the shape of the prod-

uct, in particular the geometry, is elaborated in more and

more detail until the product documentation is obtained,

which allows further realization of the product (material

acquisition, manufacture etc.).

1

2

3

Requirements

Functions

Working principles

Principle solutions

A

B

C

D

Abstraction

Concretization 1

2

3

Requirements

Functions

Working principles

Principle solutions

A

B

C

D

Abstraction

Concretization

Figure 2: Simplified model containing different levels of

product representation and process steps

In each step of the whole process product representations

are created. Figure 2 shows a simplified model of the dif-ferent levels of product representations. With each level

from the top to the bottom, the product is more and more

J. Ponn, U. Lindemann, H. Diehl & F. Mller / Sketching in early conceptual phases of product design: guidelines and tools28


10/26

In this context the focus shall be placed on the following

process steps and corresponding product representations:

from requirements to functions

from functions to working principles

from working principles to principle solutions

Of course the process does not stop here. The design hasto be elaborated in detail with the help of CAD systems

etc. Yet, these processes will not be addressed in this con-

text.

problemprinciple

solutions

solution

principles

problem

model

abstraction

functional analysis,

system analysis

barrier

concretization

definition of form

(shape, material etc.)

synthesis

Search for solution principles

on an abstract level

Requirements

Functions

Principle solutions

Working principles

Sketches!!

problemprinciple

solutions

solution

principles

problem

model

abstraction

functional analysis,

system analysis

barrier

concretization

definition of form

(shape, material etc.)

synthesis

Search for solution principles

on an abstract level

Requirements

Functions

Principle solutions

Working principles

Sketches!!

Figure 3:From problem to principle solution

Figure 3 illustrates the relations between the steps shown

in figure 2 from a different perspective. A further explana-

tion will be given in the next chapter.

3.2 Levels of concretization from problem to solution

A list of requirements represents the specification of a

given problem indicating how the solution has to look like.

The generation of a corresponding solution is not always a

trivial case. Here, a systematic proceeding including a

functional analysis and search for solution principles can

help overcome this barrier.

3.2.1 FunctionsIn order not to concentrate ones focus on a particular so-

lution and risking the neglect of a better one, the problem

has to be analyzed on an abstract level. Function models

offer considerable help to get a clear picture of the design

task and to be free from fixation on existing solutions.

There exist various methods of function modeling, each

focussing on certain aspects, and therefore each appropri-ate in certain situations. Functions can be structured in

hierarchical function trees allowing to handle the complex-

ity of a product by splitting up the overall function into

sub-functions. If a product is undergoing many different

operations while changing its status with each step, flow

oriented function models are helpful. A relations oriented

function model is able to point out not only the desired

functions in a product but also the harmful functions.

The derivation of function models bases on the specifica-

tion of requirements. It is essential to consider some basic

rules while defining and formulating functions (such as a

solution neutral specification). A function model can beextremely formalized. Ehrlenspiel [EHR*03] for example

only allows five different types of functions. But it does

il h b lik h A f i l l i

transforms the design problem into an abstract level allow-

ing for a more systematic search for solutions, and by that

enables the possible overcoming of barriers (like blockades

of the mind, lack of creativity, solution fixations etc.).

3.2.2 Working principles, physical effectsOnce the functions a product has to fulfil are clear, it has

to be investigated how they can be realized in principle.

This is equivalent to a search for solutions on an abstract

level. In most cases a function can be realized in many

different ways, each of which has advantages and disad-

vantages. A solution might fulfil one requirement perfectly

(e. g. performance, stability) but might stand in complete

contradiction to another one (e. g. cost, weight).

The working principle can be described by the means of

technical (physical, biological etc.) effects or as rather

abstract principles such as described by Altshuller

[ALT*96]. Making use of Altshuller principles is also a

method in order to resolve contradictions. This paper fo-cusses on physical working principles.

Catalogues of physical effects can be consulted when

searching for appropriate working principles. They are

traditionally found in the form of paper catalogues. How-

ever, the operability can be enhanced to a considerable

degree in the form of digital databases. Figure 4 gives an

example how physical effects can be represented.

Name

lever

Illus tration F ormula

wedge

F1

s1

s2

F2

F1

s1

s2

F2

F, v

M,

r

Einseitig F, v

M,

r

Einseitig

rvrFM

=

=

12

2

112

tan FF

s

sFF

=

=

Name

lever

Illus tration F ormula

wedge

F1

s1

s2

F2

F1

s1

s2

F2

F, v

M,

r

Einseitig F, v

M,

r

Einseitig

rvrFM

=

=

12

2

112

tan FF

s

sFF

=

=

Figure 4:Effect catalogue (excerpt)

3.2.3 Principle solutions, form designPromising working principles are given form in the next

step. The solution has to be concretized. Here, sketching

plays an important role. For the elaboration of a working

principle there is an enormous number of design decisions

to be made considering overall shape, detailed geometry,

materials etc. Various aspects have to be taken into consid-

eration that have an influence on the design such as ergo-

nomics, manufacturing procedures, assembly etc.

Tools for this purpose are checklists with form parame-

ters. An excerpt of such a checklist is displayed in figure 5

and figure 6. They can be worked through systematically in

order not to forget important aspects in the conceptual andembodiment phase. They are an invaluable help in the

variation of the design in order to improve flaws or weak

J. Ponn, U. Lindemann, H. Diehl & F. Mller / Sketching in early conceptual phases of product design: guidelines and tools 29


11/26


12/26

In the nutcracker example, the application of a splitting

force can e. g. be realized by the amplification of a manual

force. Input parameter is muscular force F1, output parame-

ter the (increased) splitting force on the nutshell F2. Corre-

sponding physical effects which can be chosen for the re-

alization of this function are among others lever or wedge,

such as realized in the nutcrackers of type 1 and type 3 (see

figure 7). Figure 8 displays the function transmit and am-

plify force and corresponding effects as described in an

effect catalogue.

4.3 From working principles to principle solutions

However, the effects from the catalogue only show the

general physical principle, which still has to be applied to

the nutcracker. This step represents the generation of a

form solution and therefore a further concretization. Fig-

ure 9 shows the effects lever and wedge and their applica-

tion on the nutcracker. Up to now, this step is not yet opti-

mally supported by methodology or tools. There remain alot of questions to be asked while executing this step. A

more systematical proceeding can be enhanced with the

approach described within this paper.

F1

s1

s2

F2

F1

s1

s2

F2

F, v

M,

r

Einseitig F, v

M,

r

Einseitiglever wedgeC

D

3

F1

s1

s2

F2

F1

s1

s2

F2

F, v

M,

r

Einseitig F, v

M,

r

Einseitiglever wedgeC

D

33

Figure 9:From working principles to principle solutions

The application of a physical effect to a given problem

leads to a principle solution, which can be represented in

sketch. These drawings show how the function of applying

a splitting force to the nutshell can be realized in principle.

A multitude of other solutions is possible, not only includ-

ing mechanical, but also electronical, electromagnetic,

pneumatic, hydraulic, thermal etc. effects.

Physical effects can be described by equations containing

the relations between parameters such as length, mass,

forces, temperature etc. The equations base on equilibrium

conditions such as conservation of energy etc. In many

cases geometrical parameters such als length, angle, area,

volume etc. are involved. The choice of physical effect

brings about a number of design decisions to be made in

the followig steps in order to concretize the solution. The

step of progressing from working principles to principlesolutions typically involves the creation of sketches. Physi-

cal effects are usually also represented by symbols or sche-

effect on a given problem, parameters such as shape, size

and the allocation of elements are defined. The amount of

product information is increased.

4.4 Linking physical effects and form parameters:a guideline

If the lever solution is chosen, parameters that have to be

defined are for example: number of lever arms, length of

lever arm, diameter of bearing, type of bearing (sliding

contact bearing, rolling contact bearing). If the wedge solu-

tion is chosen, following parameters have to be defined:

wedge angle (thread pitch), diameter of the drive screw,

length of drive screw etc.

The example shows that, depending on the physical effect,

different form parameters are addressed. Thus, once the

working principle is chosen, there are still a lot of decisions

to be made. And depending on these decisions, concrete

solutions might look completely different even though the

working principle is the same. This aspect is demonstratedin figure 10, where four different nutcrackers are shown

which all base on the lever principle.

leverlever

Figure 10: Same principle, different solutions

To facilitate the process of defining principle solutions

basing on certain working principles a guideline has been

devised. This guideline enables the engineer to keep the

overview over the important parameters in this phase of the

design and allow a more systematic proceeding.

Define functions to be realized.

Choose appropriate physical effects as workingprinciples for the given functions. In many cases not

a single effect is needed, but a chain of effects (in the

nutcracker of type 3 the function transmit and am-

plify force is realized by combination of the effects

lever and wedge).

Consider the major form parameters linked to theeffect. This does not yet mean the exact geometric

specification, but the definition of the rough form di-

mensions. Linked to the effect are those form parame-

ters which are of relevance for the corresponding ef-

fect. A checklist for these linkages between physical

effects and corresponding form parameters has been

worked out (see figure 11).

Sketch principle solutions. The sketches representthe application of the effect(s) to the given problem.

J. Ponn, U. Lindemann, H. Diehl & F. Mller / Sketching in early conceptual phases of product design: guidelines and tools 31


13/26

F

r

Effect

Form parameters

Specific effect types

F

r

F

r

F

r

Numberof lever arms

One / two /

Size of lever arm r

rough dimension, not exact value

Type of bearing:

Sliding contact / rolling contact /

Type of bond in the bearing (mobility)

Rigid / jointed / elastic /

Etc.

r

F

lever F

r

Effect

Form parameters

Specific effect types

F

r

F

r

F

r

Numberof lever arms

One / two /

Size of lever arm r

rough dimension, not exact value

Type of bearing:

Sliding contact / rolling contact /

Type of bond in the bearing (mobility)

Rigid / jointed / elastic /

Etc.

r

F

lever

Figure 11:physical effects and linked form parameters

At the moment, a database is being implemented which

allows for an automatic linkage between physical effects

and form parameters.

4.5 Vision: A sketching tool for principle solutions

The presented guideline is the basis for a digital sketching

system where working principles (physical effects) can be

included. The functionality of the system, which is still a

vision, is conceived as follows (see figure 12):

A menu bar shows categories of physical effects suchas mechanics, electromangetism, fluidics etc. (1).

Each category contains physical effects depicted withsymbols (2).

Choosing an effect leads to a second menu where theeffect has to be specified more exactly (3).

A master of a principle working solution is created inthe sketching area, where major parameters can be ad-

justed. The parameters do not necessarily have to be

of geometrical type (e. g. material parameters as in the

effect friction) (4).

Thus, physical effects can be handled analog to form fea-

tures in CAD models such as drill holes, bolts and screws.

The difference is that CAD features are on a more concrete

level, while physical effects still contain many degrees of

freedom.

Mechanics Electromagn. Fluidics Optics Thermo.

1

2 3

4

Mechanics Electromagn. Fluidics Optics Thermo.

11

22 33

44

Fi 12 T l f ti i i l l ti ( i i )

The tool would be useful for similar contexts as the sys-

tem described by Kurtoglu and Stahovich [KS*02], i. e. the

treatment of mechanical, electrical etc. systems on a rather

abstract level. Their system enables the recognition and

interpretation of schematic sketches using geometrical as

well as physical reasoning. The difference is, that the sys-

tem focusses on sketch analysis rather than sketch creation,

which is not supported (freehand sketches). Davis also

describes systems developed at MIT enabling sketch inter-

pretation [DAV*02]. A combination of both functionalities

(sketch creation and interpretation) might be promising.

5. Summary and conclusions

This contribution describes a new way of methodological

support for the genereration of sketches in early phases of

product development. The focus lies on a systematic deri-

vation of principle solutions from working principles. A

guideline has been developed for a target oriented and

efficient proceeding supporting the designer with the deci-sions to be made along the solution concretization process.

The functionality of a computer system basing on this

guideline and including physical effects as features which

can be inserted into a digital sketch is described. Further

work includes the creation of a digital database with physi-

cal effects and form parameters, where the links are auto-

matically generated, and the realization of the digital

sketching tool where the depicted vision is implemented.

References

[PB*96] PAHL G., BEITZ W.: Engineering Design. A

Systematic Approach. Second Edition(1996), Springer London.

[EHR*03] EHRLENSPIEL, K.: Integrierte Produktent-

wicklung, Second Edition 2003, Hanser Mu-

nich Vienna

[ALT*96] ALTSHULLER, G.: And suddenly the inven-

tor appeared: TRIZ, the Theory of Inventive

Problem Solving. Worchester, Massachu-

setts: Technical Innovation Center 1996

[KS*02] KURTOGLU T., STAHOVICH T.: Interpret-

ing Schematic Sketches Using Physical Rea-

soning. 2002 AAAI Spring Symposium on

Sketch Understanding.

[DAV*02] DAVIS R.: Position Statement and Over-

view: Sketch Recognition at MIT. 2002

AAAI Spring Symposium on Sketch Recog-

nition.

Author Contact Information

Dipl.-Ing. Josef Ponn

Institute of Product Development

Technische Universitaet Muenchen

Boltzmannstr. 15,

85748 Garching, GermanyTel: +49 (89) 289-15 141

Fax: +49 (89) 289-15 144

J. Ponn, U. Lindemann, H. Diehl & F. Mller / Sketching in early conceptual phases of product design: guidelines and tools32


14/26

Design report preparation

Design reports are written to introduce and document engineering and scientific designs. In

general, these reports have two audiences. One audience includes other engineers and scientists

interested in how the design works and how effective the design is. Another audience includesmanagement interested in the application and effectiveness of the design. This web page

presents a commonly used organization for design reports:Summary,

Introduction,

Discussion,

Conclusions, andAppendices.

Although this organization serves a wide variety of design reports, your instructor may verywell modify this organization to serve your particular audience and purpose.

Summary

The summary, sometimes labeled the abstract or executive summary, is a concise synopsis o

the design itself, the motivation for having the design, and the design's effectiveness. Theauthor should assume that the reader has some knowledge of the subject, but has not read the

report. For that reason, the summary should provide enough background that it stands on its

own. Note that if the summary is called an abstract, you are usually expected to target a

technical audience in the summary. Likewise, if an executive summary is requested, youshould target a management audience in the summary. For an example summary, see the

following "Executive Summary."

Introduction

The "Introduction" of a design report identifies the design problem, the objectives of the

design, the assumptions for the design, the design alternatives, and the selection of the design

being reported. Also included for transition is a mapping of the entire report. Note that inlonger reports, the selection of design is often a separate section. For an example, see the

following "Introduction."

Discussion

The discussion presents the design itself, the theory behind the design, the problems

encountered (or anticipated) in producing the design, how those problems were (or could be)overcome, and the results of any tests on the design. Note that this part usually consists of two,

three, or four main headings. In regards to the actual names of these headings, pay close

attention to what your instructor requests. Also consider what would be a logical division for

your particular design. For an example section, see the following "discussion."
http://www.writing.engr.psu.edu/workbooks/design.html#summary#summaryhttp://www.writing.engr.psu.edu/workbooks/design.html#introduction#introductionhttp://www.writing.engr.psu.edu/workbooks/design.html#discussion#discussionhttp://www.writing.engr.psu.edu/workbooks/design.html#conclusions#conclusionshttp://www.writing.engr.psu.edu/workbooks/design.html#appendices#appendiceshttp://www.writing.engr.psu.edu/workbooks/designreport.html#summaryhttp://www.writing.engr.psu.edu/workbooks/designreport.html#introductionhttp://www.writing.engr.psu.edu/workbooks/designreport.html#middlehttp://www.writing.engr.psu.edu/workbooks/designreport.html#middlehttp://www.writing.engr.psu.edu/workbooks/designreport.html#introductionhttp://www.writing.engr.psu.edu/workbooks/designreport.html#summaryhttp://www.writing.engr.psu.edu/workbooks/design.html#appendices#appendiceshttp://www.writing.engr.psu.edu/workbooks/design.html#conclusions#conclusionshttp://www.writing.engr.psu.edu/workbooks/design.html#discussion#discussionhttp://www.writing.engr.psu.edu/workbooks/design.html#introduction#introductionhttp://www.writing.engr.psu.edu/workbooks/design.html#summary#summary


15/26

Conclusions

The "Conclusions" section summarizes the design and testing work completed and assesseshow well the design meets the objectives presented in the "Introduction." Note that if the

design does not meet the objectives, you should analyze why the design did not succeed and

what could be modified to make the design a success. Besides summarizing the work and

analyzing whether the objectives were met, the "Conclusions" section also gives a futureperspective for how the design will be used in the future. For an example, see the following

"Conclusions."

Appendices

In a design report, appendices often are included. One type of appendix that appears in design

reports presents information that is too detailed to be placed into the report's text. For example,if you had a long table giving voltage-current measurements for an RLC circuit, you mightplace this tabular information in an appendix and include a graph of the data in the report's text.

Another type of appendix that often appears in design reports presents tangential information

that does not directly concern the design's objectives.

If the appendix is "formal," it should contain a beginning, middle, and ending. For example, i

the appendix contains tables of test data, the appendix should not only contain the tabular data,

but also formally introduce those tables, discuss why they have been included, and explain theunusual aspects that might confuse the reader. Because of time constraints, your instructor

might allow you to include "informal" appendices with calculations and supplemental

information. For such "informal" situations, having a clear beginning, middle, and ending isnot necessary. However, you should still title the appendix, place a heading on each table,

place a caption beneath each figure, and insert comments necessary for reader understanding.
http://www.writing.engr.psu.edu/workbooks/labreport.html#conclusionshttp://www.writing.engr.psu.edu/workbooks/labreport.html#conclusions


16/26

Intellectual Property Rights

Patent

A patent is an exclusive right granted by a country to the owner of an invention to make, use, manufactureand market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusiveright implies that no one else can make, use, import manufacture or market the invention without the

consent of the patent holder. This right is available for a limited period of time. A patent in the law is aproperty right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by theState, it can be revoked by the State under very special circumstances even if the patent has been sold orlicensed or manufactured or marketed in the meantime. There is nothing like a global patent or a worldpatent. Thepatent rightis territorial in nature and inventors/their assignees will have to file separate patentapplications in countries of their interest, along with necessary fees, for obtainingpatents in those countries.However, there are some regional systems where by filing one application one could simultaneously obtainpatents in the member countries of a regional system; European Patent Office is an example of a similarsystem.

Patent protection helps a patentee to enjoy hispatent rights for a certain period of time and then after thatperiod expires the patented invention is made available to the public sothat they can use it. Patent protection serves the following purposes:

It gives protection to a patentable invention for the exclusive use of it by its inventor.

It gives a legal recognition to the invention and therefore the inventors rights are legally protected andcan be enforced by him in the court of law.

It also makes others aware of the fact as to whom does the invention belong

It leads to development of the human society as patents are not protected for infinity and so after theexpiry of the protection period the invention is made available to the public for use.

Patenting ones invention make useful data relating to the invention available to other inventors forfurther research and development.

For an invention to be patentable, it should qualify the following conditions.

i. Novelty : An invention will be considered novel if it does not form a part of the global state of the art. It willcease to be novel if it has been disclosed in the public through any type of publications anywhere in theworld before filing a patent application in respect of the invention. Prior use of the invention in the country ofinterest before the filing date can also destroy the novelty. Novelty is determined through extensive literaturesearches. An expired patent is also a prior art Everything disclosed in a patent/non-patent literature is priorart.

ii.Inventiveness (Non-obviousness) : A patent application involves an inventive step if the proposedinvention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patentapplication.

iii.Usefulness : An invention must possess utility for the grant ofpatent. No valid patent can be granted foran invention devoid of utility.


17/26

Trademarks

A trademarkis a distinctive sign, which identifies certain goods or services as those produced or provided bya specific person or enterprise. A Mark according to the Indian Trademarks Act, may consist of a word orinvented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style,the shape of goods other than those for which a mark is proposed to be used, or any combination thereof ora combination of colors and so forth. They may also consist of drawings, symbols, three-dimensional signs

such as shape and packaging of goods, or colors used as distinguishing feature. Subject to certainconditions, a trademark may also be symbolized by the name of a person, living or dead. Trademarks aregenerally territorial in nature. Trademark rights that are established in a particular jurisdiction are onlyenforceable in that jurisdiction. However, there are international trademark laws and systems, whichfacilitate the protection of trademarks in more than one jurisdiction

India offers protection for the business reputation or goodwill also, which attaches to unregisteredtrademarks through the tort of passing off. This protection is not provided by all the countries only some

jurisdictions, like the Common Law countries provide for passing off. Passing off can be used as a remedy ininstances where a business has been trading under an unregistered trademarkfor a long time, and a rivalbusiness starts using the same or a similar mark. Some well known trademarks are:

Service Marks

A Service Mark is like a trademark except that it identifies and distinguishes the source of a service ratherthan a product. Normally, a mark for goods appears on the product or on its packaging, while a service markappears in advertising for the services.

Trade Marks

Anyone who claims rights in a mark can use the TM (trademark) or SM (service mark) sign with the markto alert the public of the claim. It is not necessary to have a registration, or even a pending application, touse these designations. The registration symbol, (R), may only be used when the mark is registered.

Trademarks are an important intellectual propertyand serve to perform the following functions:

The basic aim oftrademarkis identifying the commercial source of products and services, trademarksfacilitate identification of products and services, which meet the trust, and expectations of consumers asto quality and other characteristics.Trademarks may also serve as an incentive and encouragement to manufacturers, providers orsuppliers to consistently provide quality products or services enabling them to maintain their businessreputation.

A Trademarkalso helps the owner of the Trademark in building up a Goodwill thereby helping then inestablishing a place in the eyes of the consumer and consumer loyalty.The owner of a registered trademarkcan stop other traders from unlawfully using his trademarks by filinga suit for damages and securing destruction of infringing goods and labels.Trademark registration is an evidence of ownership of the trademarkand is a constructive noticenationwide of the trademark owner's claim.

Trademark registration in India can also be used as a basis for obtaining registration in foreign countries.Trademarks confer the following rights upon their owners:

The registration of a trademark confers on the registered proprietor of the trademarkthe exclusive right touse the trademark in relation to the goods or services in respect of which the trademark is registered.While registration of a trademark is not compulsory it offers better legal protection for action forinfringement.Proprietary rights in relation to a trademarkcan be established by 2 ways ie by actual use in themarketplace, or by registration of the mark with the trademarks office (or "trademarks registry") of a


18/26

particular jurisdiction. In many jurisdictions, trademark rights can be established through one or bothmeans. Certain jurisdictions generally do not recognise trademarks rights arising through use like China.If trademark owners do not hold registrations for their marks in such jurisdictions, then the extent ofenforceability of their rights will be.The law also allows the owner of a registered trademarkto prevent unauthorised use of the mark inrelation to products or services which are similar to the "registered" products or services, and in certaincases, prevent use in relation to entirely dissimilar products or services.

Once trademark rights are established in a particular jurisdictionthen they can be enforceable only in thaturisdiction, as these rights are territorial in nature and there is no universal trademark. However, there isa range of international trademark laws and systems which facilitate the protection oftrademarks in morethan one jurisdiction.The term of a trademarkregistration is for a period of ten years. The renewal is possible for further periodof 10 years each. Unlike patents, copyrights or industrial design trademark rights can last indefinitelyifthe owner continues to use the mark. However, if a registered trademark is not renewed or is not beingused, it is liable to be removed from the register.

Geographical Indications

Geographical Indication (GI) refers to the Indications which identify a good as originating in the territory or aregion or a locality in that territory, where a given quality reputation or other characteristics of the good isattributable to its geographical origin. For example

The term GI has been defined in relation to goods, means an indication which identifies such goods asagricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of acountry, or a region or locality in that territory, where a given quality, reputation or other characteristics ofsuch goods is essentially attributable to its geographical origin and in case where such goods aremanufactured goods one of the activities of either the production or of processing or preparation of thegoods concerned takes place in such territory, region or locality, as the case may be.

Kullu Shawl

Cochin Ginger

Kota Doria

Kolhapuri chappal

Kanchipuram Saree

Bidriware

A properly protected GI will give protection to such goods in domestic as well as international market.Geographical indications have proved to be very valuable as they identify the source of the product andare an indicator of quality. Mostly, a geographical indication consists of the name of the place, which is the

origin of the goods, such as Darjeeling (India) for tea, Stilton (England) for cheese, Swiss (Switzerland)for chocolate, Roquefort (France) for cheese etc.

The use ofgeographical indications is not limited to agricultural products. They may also highlight peculiarqualities of a product, which are due to human factors, such as specific manufacturing skills and traditions.

According to TRIPS, a Geographical Indications which is not or ceases to be protected in its country of originor which has fallen into disuse in that country cannot be protected. Thus

Registration of GI confers legal protection to your goods that are registered under the Act Therebypreventing unauthorized use of a Registered Geographical Indication by others as it facilitate an action


19/26

for infringement exclusive right to use the geographical indication

It provides legal protection to Indian Geographical Indications, which in turn boost exports.

It promotes economic prosperity of producers of goods produced in a geographical territory.

Industrial Designs

'Design'means the features of shape, configuration, pattern, ornament or composition of lines or coloursapplied to any article in two or three dimensional form by any industrial process or means which may bemanual,mechanical or chemical and these features are reflected in the finished products by just looking at it.Designs which are essentially technical or functional are not protectable.

In order to be registered, the design should be new or original, not previously published or used in anycountry before the date of application for registration. The novelty may reside in the application of a knownshape or pattern to new subject matter. The purpose of design Registration is to see that the artisan,creator, originator of a design is not deprived of his bonafide reward by others applying it to their goods.

The registration of a design confers upon the registered proprietor Copyright in the design for the period ofregistration. Copyright means the exclusive right to apply a design to the article belonging to the class inwhich it is registered.

The duration of the registration of a design is initially ten years from the date of registration, but in caseswhere claim to priority has been allowed the duration is ten years from the priority date. This initial period ofregistration can be extended by further period of 5 years.


20/26

FAQs on Geographical Indication (GIs)

1. What are Intellectual Property Rights (IPRs)?Intellectual property rights can be defined as the rights given to people over thecreations of their minds. They usually give the creator an exclusive right over the use ofhis/her creations for a certain period of time.

Intellectual property rights are traditionally divided into two main categories: Copyright and rights related to copyright: i.e. rights granted to authors of literary and

artistic works, and the rights of performers, producers of phonograms andbroadcasting organizations. The main purpose of protection of copyright and relatedrights is to encourage and reward creative work.

Industrial property: This includes (1) the protection of distinctive signs such astrademarks and geographical indications, and (2) industrial property protectedprimarily to stimulate innovation, design and the creation of technology. In thiscategory inventions (protected by patents), industrial designs and trade secrets areincluded.

For the purposes of the TRIPS Agreement, intellectual property refers to:

... all categories of intellectual property that are the subject of Sections 1 to 7 of Part IIof the agreement (Article 1:2).

The IPRs are protected worldwide by the following ways:

(a) Government and Parliaments have given creators these rights as an incentive toproduce ideas that will benefit society as a whole.(b) The 1986-94 Uruguay Round achieved that the WTOs Agreement on TRIPS is anattempt to narrow the gaps in the way these rights are protected around the worldand to bring them under common international rules.(c) It establishes minimum level of protection that each government has to provideto the Intellectual Property of fellow WTO members. The Agreement sets outminimum standards to be adopted by the parties, though they are free to providehigher standard of protection.

(d) When there are trade disputes over IPRs, the WTOs dispute settlement systemis now available.

2. What are the different types of IPRs? Trademarks and Service Mark Industrial Design Registration Copyright Layout Designs for Integrated Circuits Geographical Indications Trade Secrets and Undisclosed Information Competitive Practices in Contractual Licenses Patents.


21/26

3. What is a geographical indication (GI)?

Geographical indications (GIs) means an indication which identifies goods as agriculturalgoods, natural goods or manufactured goods as originating or manufactured in theterritory of a country or a region or locality in that territory where a given quality,reputation or other characteristics of such goods is essentially attributable to itsgeographical origin and in case where such goods are manufactured, goods one of theactivities of either the production or of processing or preparation of the goods concernedtakes place in such territory, region or locality as the case may be, place names aresometimes used to identify a product, for example: Champagne, scotch, Tequila andRoquefort Cheese.

4. Examples of geographical Indication in world.

Bulgaria: Traminer From Khan Kroum (Wine), Merlou From Sarkar (Wine); Canada:Canadian Rye Whisky,, Canadian Whisky; Czech Republic: Beers: Pilsen, Budweis; EU:Wines: Champagne, Sherry, Porto, Chianti, Samos, Fheinhessen, MosseleLuxembourgeoise, Mittleburgenland, Spirits: Cognac, Brandy De Jerez, Grappa Di Barolo,Berliner Kummel, Genievre Flandres Artois, Scotch Whicky, Irish Whickey, Tsikoudia(From Crete); Hungary: Ger (wine

5. Examples of geographical Indication in India.

Basmati Rice, Darjeeling Tea, Pochampally Ikat, Jasmin Rice etc

6. Some of the examples of potential Geographical Indications in Textiles & Clothing inIndia.

Sr.No.

Product State

1 Balarampuram Fine Cotton Sarees Kerala

2 Paithan Sarees Maharashtra

3 Sambalpur Sarees Orissa

4 Bomkai Saree & Fabrics Orissa

5 Chanderi Muslin Sarees Madhya Pradesh

6 Maheswar Sarees In Silk Texture Madhya Pradesh

7 Patola Sarees Gujarat

8 Lucknow Chikan Craft Uttar Pradesh

9 Varanasi Sarees & Brocades Uttar Pradesh

10 Baluchari Sarees &Dress Materials West Bengal

It has been estimated that about 50000 products in India needs protection under GI.

7. How Geographical Indication (GIs) is different from Indication of source?

Geographical Indications bear the quality function of the product were as the indicationsof source indicates the source of products only. For example, made in India, made in France.


22/26

8. What is the difference between a geographical indication and a trademark?

A trademark is a sign used by an enterprise to distinguish its goods and services fromthose of other enterprises. It gives its owner the right to exclude others from using thetrademark. A geographical indication tells consumers that a product is produced in acertain place and has certain characteristics that are due to that place of production. Itmay be used by all producers who make their products in the place designated by ageographical indication and whose products share typical qualities.

9. What is an appellation of origin?

An appellation of origin is a special kind of geographical indication, used on products thathave a specific quality that is exclusively or essentially due to the geographicalenvironment in which the products are produced. The concept of geographical indicationencompasses appellations of origin.

10. What does a geographical indication do?

A geographical indication points to a specific place or region of production thatdetermines the characteristic qualities of the product that originates therein. It isimportant that the product derives its qualities and reputation from that place. Sincethose qualities depend on the place of production, a specific "link" exists between theproducts and their original place of production.

11. Why do geographical indications need protection?

Geographical indications are understood by consumers to denote the origin and thequality of products. Many of them have acquired valuable reputations which, if notadequately protected, may be misrepresented by dishonest commercial operators. Falseuse of geographical indications by unauthorized parties is detrimental to consumers andlegitimate producers. The former are deceived and led into believing to buy a genuine

product with specific qualities and characteristics, while they in fact get a worthlessimitation. The latter suffer damage because valuable business is taken away from themand the established reputation for their products is damaged.

12. How is a geographical indication protected?

Geographical indications are protected in accordance with national laws and under awide range of concepts, such as laws against unfair competition, consumer protectionlaws, laws for the protection of certification marks or special laws for the protection ofgeographical indications or appellations of origin. In essence, unauthorized parties maynot use geographical indications if such use is likely to mislead the public as to the trueorigin of the product. Applicable sanctions range from court injunctions preventing the

unauthorized use to the payment of damages and fines or, in serious cases,imprisonment.

13. How are geographical indications protected at the international level?GI protection is granted by the TRIPS Agreement. There are various internationalagreements (The Paris Convention for the Protection of Industrial Property (1976). TheMadrid Agreement for the Repression of False or Deceptive Indications of Source (1981),Lisbon Agreement for the Protection of Appellations of Origin and Their InternationalRegistration of 1958) which grant some kind of protection for GIs as an intellectual


23/26

property right. Because of its availability and the number of signatory members, theWTO (World Trade Organization) TRIPS Agreement (an agreement on trade relatedintellectual property rights) of 1994 is currently the principal international instrumentfor protecting and defending GIs. This agreement provides for two levels of protection.A basic protection fixed in Article 22 for all products which is determined by an act ofmisleading the public or unfair competition; and an additional protection fixed in Article23 solely for wines and spirits which prevents any incorrect use of GIs on these types ofproduct.

14. Which acts in India protects the Geographical Indications

Prior to 1999 there was no specific legislation to regulate geographical indication. Itwas in the year 1999 that India in compliance with its obligation under TRIPSAgreement enacted the Geographical Indications of Goods (Registration andProtection) Act, 1999. This act seeks to provide for registration and better protectionGIs relating to goods. It excludes unauthorised persons from misusing GIs. This wouldprotect the interest of producers, manufacturers and thereby consumer from beingdeceived by the falsity of geographical origin to economic prosperity of the producerof such goods and promote goods bearing GIs in export market. Unless a geographicalindication is protected in the country of its origin, there is no obligation under theagreement under Article 22 of the TRIPS Agreement on for other countries to extendreciprocal protection. It is in this context that the act was enacted.

The act provides registration in two parts Part A is related to the registration of GIs;Part B relates to the registration of authorised users/proprietors such as names,addresses and descriptions.

15. What are the benefits of GI registration?

It prevents unauthorized use of a registered Geographical Indication goodsby third parties.

It boosts exports It promotes economic prosperity of producers. Only an authorized user has the exclusive rights to use the geographical indication

in relation to goods in respect of which it is registered.

16. Who are responsible for administration of GIs in the country?

The Controller General of Patents, Design and Trademarks administers patents,designs, trademarks and geographical indications, which is under the control of theDepartment of Industrial Policy and Promotion, Ministry of Commerce and Industry,govt. of India. The Geographical Indications (Registrations and Protection) Act Rule,2002 has also stipulate the protection of GI. The GI Act come into force with effect

from 15th September 2003. The central govt. has established Geographical IndicationsRegistry at Chennai, with Controller of Patents, Designs & Trade marks of the Registrarof GI where the right holders can register their respective product.

17. Who can apply for the registration of a geographical indication?

Any association of persons, producers, organisation or authority established byor under the law can apply:

The applicant must represent the interest of the producers The application should be in writing in the prescribed form.


24/26

The application should be addressed to the Registrar of GeographicalIndications along with prescribed fee.

18. Who is a registered proprietor of a geographical indication?

Any association of persons, producers, organisation or authority established by orunder the law can be a registered proprietor.

Their name should be entered in the Register of Geographical Indication asregistered proprietor for the Geographical Indication applied for.

19. Who is an authorised user?

A producer or group of producers of goods can apply for registration as anauthorised user

It must be in respect of a registered geographical indication He (they) should apply in writing in the prescribed form along with prescribed

fee

20. Who is a producer in relation to a Geographical Indication?

The persons dealing with three categories of goods are covered under the termProducer:

Agricultural goods including production, processing, trading or dealing of suchgoods.

Natural goods including exploiting, trading or dealing of such goods. Handicrafts or Industrial goods including making, manufacturing, trading or

dealing of such goods.

21. Is a registration of a geographical indication compulsory and how does it help theapplicant?

Registration is not compulsory Registration affords better legal protection to facilitate an action for

infringement

The registered proprietor and authorised users can initiate infringement actions The authorised users can exercise the exclusive right to use the geographical

indication.

22. Who can use the registered geographical indication?An authorised user has the exclusive rights to the use of geographical indication inrelation to goods in respect of which it is registered.

23. How long the registration of Geographical Indication is valid?The registration of a geographical indication is valid for a period of 10 years.

24. Can a Geographical Indication be renewed?Yes, GI registration can be renewed from time to time for further period of 10 yearseach, if the authorised user so desires.


25/26

25. What is the effect if it is not renewed?If a registered geographical indication is not renewed it is liable to be removed fromthe register. As such the product will not enjoy legal protection provided by the Actthe product may loose its unique quality in the long run.

26. When is a registered Geographical Indication said to be infringed?

When an unauthorised user uses a geographical indication that indicates or suggeststhat such goods originate in a geographical area other than the true place of origin ofsuch goods in a manner which mislead the public as to the geographical origin of suchgoods.

When the use of geographical indication result in an unfair competition includingpassing off in respect of registered geographical indication.

When the use of another geographical indication results in false representation to thepublic that goods originate in a territory in respect of which a registered geographicalindication relates.

27. Who can initiate an infringement action?

The registered proprietor or authorised users of a registered geographical indicationcan initiate an infringement action.

28. Can a registered geographical indication be assigned, transmitted, etc?

No. A geographical indication is a public property belonging to the producers of theconcerned goods. It shall not be the subject matter of assignment, transmission,licensing, pledge, mortgage or such other agreement. However, when an authoriseduser dies, his right devolves on his successor in title.

29. Can a registered geographical indication or a registered authorised user be removedfrom the register?

Yes. The Appellate Board or the Registrar of Geographical Indications has the powerto remove the geographical indication or an authorised user from the register.

30. Which of the Geographical Indications cannot be registered?

The use of which would likely to deceive or cause confusion or contrary to any law. Which comprises or contains scandalous or obscene matter or any matter likely to hurt

religion susceptibility of any class or section of citizens of India.

Which would other wise is disentitled to protection in a court, which are determinedto be generic names or indications of goods and are,

Therefore, not or ceased to be protected in their country of origin or which havefallen into disuse in that country.

Which, although literally true as to the territory, region or locality in which the goodsoriginate, but falsely represent to the persons that the goods originate in anotherterritory, region or locality, as the case may be.

31. What is the punishment in the Act for falsifying GI?

A sentence of imprisonment for a term between 6 months to 3 years and a finebetween fifty thousand rupees and two lakh rupees or stipulated in the Act. However,the court may reduce the punishment under special circumstances.


26/26

II Year Handouts

Documents

Transcript of II Year Handouts