Why in the news?

A lady in New Delhi successfully obtained trademark for her Momos brand from New Delhi High Court, after a similar trademark infringed upon her rights and reputation.
The lady’s legal action invoked ‘passing off’ provisions, seeking cancellation of the infringers’ trademark under relevant sections of the Trademarks Act.

What are Trademarks?

A trademark is a symbol, design, word, or phrase that is identified with a business. Registering a trademark allows its owner to claim “exclusive rights” to its usage.
The Trademarks Act of 1999 governs the regime of trademarks and their registration in India.
It guarantees protection for trademarks registered with the Controller General of Patents, Designs, and Trademarks, also known as the trademark registry.
According to Section 25 of the 1999 Act, once registered, a trademark is valid for 10 years and can be renewed by the owner periodically.

‘Passing off’ entails deceptive practices where one brand attempts to profit from the reputation of another through misrepresentation.
In Cadila Healthcare Limited vs. Cadila Pharmaceuticals Limited (2001), the Supreme Court defined passing-off as a form of unfair trade competition, where one brand seeks to profit from the established reputation of another through deceptive means.
Infringed parties can seek injunctions, damages, or accounts against the infringing entity to mitigate the damages caused.

Legal Provisions: Sections 11(1), 11(2), 11(3)(a), and 47 of the Trademarks Act outline grounds for refusal to register trademarks and provisions for removal from the register.
Likelihood of Confusion: Trademarks resembling earlier trademarks, leading to public confusion, are ineligible for registration under Section 11(1).
Protection of Distinctive Marks: Section 11(2) prohibits registration of marks that take unfair advantage of or harm the reputation of well-known trademarks.
Non-Compliance and Non-Usage: Section 47 allows removal of trademarks from the register for non-compliance or non-use, subject to aggrieved parties’ applications.

	Trademark	Patent
Purpose	Identify and distinguish goods or services	Protect new and inventive products or processes
Laws and Provisions	Trademarks Act, 1999	Patents Act, 1970
Subject Matter	Signs like logos, brand names, slogans, packaging	Inventions including products, processes, methods
Duration of Protection	10 years. Indefinite with periodic renewal	Typically 20 years from the filing date
Registration Process	File application with Trademarks Registry (i.e. Controller General of Patents)	File application with Indian Patent Office
Rights Granted	Exclusive use of the trademark in connection with goods or services	Exclusive rights to exploit the invention commercially

Consider the following statements:

According to the Indian Patents Act, a biological process to create a seed can be patented in India.
In India, there is no Intellectual Property Appellate Board.
Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

With reference to Trademarks in India, consider the following statements:

How many of the given statements is/are correct?