IPR QUIZ MCQs

 Basic concepts and terminologies related to technology, IPR and media,

 Copyright - This legal term describes the rights that creators have over
their literary and artistic works. These can encompass books, music,
paintings, sculpture and films, computer programs, databases,
advertisements, maps technical drawings, etc.
Types – 1 Literary Works, dramatic work, musical works, artistic work,
cinematograph films sound recording
In case of original literary, dramatic, musical, and artistic works the time period of
copyright in India is 60 years in addition to the author's lifespan. Where there
are multiple authors, the term is 60 years post the death of the last author.
JUDGMENT - Sajeev Pillai v.In its decision, the court referred to
Section 57(1) of the Copyright Act, which gives the author the right
to restrain third parties from modifying, distorting, or making any
changes to their work.

 Patents- An exclusive right granted for an invention, a patent provides the

patent owner with the right to decide how – or whether – the invention
can be used by others. In return, the patent owner makes technical
information about the invention publicly available in the published patent
document.
There are three types of patents: utility patents, design patents, and plant
patents. Each type has its own eligibility requirements and protects a
specific type of invention, useful process, or discovery. However, it's
possible for one invention or discovery to have more than one type of
patent available for it.
How long does patent protection last? Patent protection is granted for a limited period,
generally 20 years from the filing date of the application. Is a patent valid in every
country?
Landmark Judgment - Bayer Corporation vs Union of India (2014)
Bombay HC6

Indian patent office exercised its rights and granted a compulsory

license of Nexavar to Natco Pharma. Ltd
  Trademarks - This is a sign capable of distinguishing the goods or services
of one enterprise from those of other enterprises.
Validity of Registered Trade MarkIf the trademark is registered,
the applicant can use the R symbol. All registered trade marks
are valid for a period of 10 years from the date of application
Certification mark
Collective trade mark
Sound trademark
Pattern mark
Trade dress
Word mark
Generic trademark
Hologram mark
What are the three elements of passing off?
The three fundamental elements of passing off are Reputation, Misrepresentation and
Damage to goodwill. These three elements are also known as the CLASSICAL
TRINITY, as restated by the House of Lords in the case of Reckitt & Colman Ltd V
Borden Inc .
Reverse passing off occurs when one party removes or obliterates the
original trademark on a product, without permission, and sells the
product either unbranded, or with the actor's own mark.
Judgement - COCA COLA VS BISLERIIt was held that the rights
over the trademark were completely assigned to Coca Cola
and Bisleri cannot use the trademark in or outside India.12

 Industrial designs - An industrial design may consist of three-dimensional

features, such as the shape or surface of an article, or of two-dimensional
features, such as patterns, lines or color. It constitutes the ornamental or
aesthetic aspect of an article.
 A registered industrial design is valid for the period of 15 years
from the registration date, and with its first renewal in 10 years
and subsequent renewal in every 5th year.14-Jun-2019
 What are the 4 types of industrial design?
 

 Behold the Design Garage—a categorizing of designed-object activity into four

primary fields: Commercial Design, Responsible Design, Experimental Design,
and Discursive Design
v. Gopal Gas Works, the Court emphasized the object of the
Design Act which is to protect and reward the inventor of the
design for his hard work. The Court further held that the
protection is given to advance the industries.

 Geographical indications - These are signs used on goods that have a

specific geographical origin and possess qualities, a reputation or
characteristics that are essentially attributable to that place of origin.
 Geographical indications registered as collective and certification marks are
generally protected for renewable ten-year periods.
Judgment - v. Gopal Gas Works, the Court emphasized the
object of the Design Act which is to protect and reward the
inventor of the design for his hard work. The Court further held
that the protection is given to advance the industries.

Trade secrets - These IP rights pertain to confidential information, which

may be sold or licensed. The unauthorized acquisition, use or disclosure
of such secret information in a manner contrary to honest commercial
practices by others is treated as an unfair practice and a violation of the
trade secret protection
trade secret protection is not limited in time (patents last in general for
up to 20 years). It may continue indefinitely as long as the secret
is not revealed to the public; trade secrets involve no registration
costs (though keeping the information confidential may entail high
costs in certain cases);
 No 1773 of 2008. In Burlington Home Shopping v Rajnish Chibber;
1995 PTC (15) 278, the Delhi High Court held that a trade secret is
information that would cause real or significant harm to the owner if
disclosed to a competitor. This was also upheld in Linde v Kerr (1991)
1 All E.R. 418.11-Apr-2023

 Indian laws , international treaties and agreements governing IPR

1) Indian laws related to IPR -

 Trademark Act, Copyright Act, Design Act, and Patent Act.
o TRADEMARKS ACT, 1999

o The Copyright Act 1957, The Copyright Act 1957 was the first postindependence copyright
legislation in India and the law has been amended six times since 1957.[4] The most recent
amendment was in the year 2012, through the Copyright (Amendment) Act 2012.[5]

o The Design Rules, 2001 - Designs (Amendment) Rules 2008 and Designs (Amendment) Rules
2014. The last amendment in Designs Rules came in to force from 30th December 2014, which
incorporates a new category of applicant as small entity in addition to natural person and other
than small entity.

o The Patent Act,1970 – 1972 - The Patents Act has been repeatedly amended in 1999, 2002, 2005,
2006 respectively. These amendments were required to make the Patents Act TRIPS compliant.
TRIPS stands for Trade-Related Aspects of Intellectual Property Rights.

2) International treaties and agreements governing IPR - Article 27 of the

Universal Declaration of Human Rights, o Paris Convention for Industrial
Property, 1883 - It was among the first treaties to recognize various
principles of international trade like National Treatment, Right of Priority,
Common rules etc.
o Bern convention for literary and artistic works, 1886 - It provided for a
copyright system. It doesn’t provide for any formality to claim protection.
Protection is automatically accorded to any creation, provided work is
original and other conditions under the treaty are fulfilled. It means that your
work, if original, is already protected. You can claim that you have copyright.
o Madrid Agreement, 1881 – Governs the international recognition of
trademarks. Made international fillings easy and cheap.
o Patent cooperation treaty, 1970- It was earlier not possible for an entity to
claim protection in different countries by single application. This was made
possible as it aimed for co-operation, and it was open for all parties to the
Paris convention.
o Budapest Treaty of 1980 – It made possible patenting for microorganisms.
Claimant is required to deposit his invention on micro-organisms with an
Authority – ‘International depository of Micro-Organisms’ under WIPO. He
shall make all the adequate disclosures.
o Trademark Law Treaty, 1994 – Harmonized administrative procedures and
introduced ‘service marks’ in ambit of trademarks. Earlier trademarks were
accorded only to goods.
o The Hague agreement concerning the International Deposit of ‘Industrial
Design’ 1925 – It created the International Design Bureau of WIPO.
o International Union for protection of new varieties of plants, 1961 – This
provides breeders and farmers the right to new plant varieties.

o Agreement on Trade Related Aspects of Intellectual Property – It is a

landmark and most comprehensive treaty on Intellectual property. While
earlier treaties’ subject matters were specific, TRIPS deal with 8 kinds of
property rights – Patents, Trademarks, trade dress, Copyrights, Industrial
Designs, Plant Varieties, Integrated Circuits and layouts, and Geographical
Indication. Further, almost all countries are party to TRIP. In earlier treaties
only limited countries participated. It also provides an enforcement
mechanism which was not available in WIPO treaties. It mandated all
member countries to make their domestic laws compliant to TRIPS. India
passed certain laws and amended others. India’s IPR regime now stands fully
compliant to TRIPS. For E.g., India amended patent law in 2005 to provide
‘product’ patent protection. Earlier protection was available only to
‘processes.

o World Trade Organization (WTO) agreement on Trade-Related Aspects of

Intellectual Property Rights (TRIPS Agreement) - Adopted on April 15, 1994
at Marrakesh and entered into force on January 1, 1995. The TRIPS
agreement covers various types of intellectual property and provides
 guidelines for minimum standards for protection, procedures and remedies
for enforcement of IPR rights and for issues related to dispute settlement.
India became a member on January 1, 1995.

o Convention Establishing the World Intellectual Property Organization

(WIPO) - Adopted on July 14, 1967 at Stockholm and entered into force on
April 26, 1970. WIPO was established under this Convention with two main
objectives - to promote the protection of intellectual property worldwide and
to ensure administrative cooperation among the intellectual property Unions
established by the treaties that WIPO administers. India became a member
on May 1, 1975.

 Government and International Bodies Responsible for regulating IP law.

1) In India - The Department for Industrial Property and Promotion o Patents - The
Office of the Controller General of Patents, Designs and Trade Marks
(CGPDTM) generally known as the Indian Patent Office, is an agency under the
Department for Promotion of Industry and Internal Trade which administers the
Indian law of Patents, Designs and Trade Mark.
o the Controller General of Patents, Designs and Trademarks, (Office of the
Registrar of Trademarks), Ministry of Industry and Commerce,
Government of India

2) International bodies – WIPO 1967, came into force in 1979.

 Recent Developments in the Field of AI

 global AI market is presently worth $136.6 billion and will increase to $1.81
trillion by 2030.
 37% of businesses have adopted AI in some capacity, according to Gartner.
Over the last four years, the proportion of businesses using AI increased by
270%.
 Servion Global Solutions predicts that by 2025, AI will be used in 95% of
consumer interactions.
 empowered robots to achieve human-level performance in tasks like object
detection and emotion recognition.
 1. GPT-3
  2.  Computer Vision

 3.  AI in Healthcare

 4.  Reinforcement Learning

 5.  Explainable AI

 6.  Transfer Learning

 7.  AI-assisted creativity

 8.  Virtual agent

 9.  Biometrics

 10.  AI-optimized hardware

 content generation across various domains such as art, music, literature, and
even scientific research.
 AI algorithms can analyze large datasets, identify patterns, and generate
novel ideas, designs, or inventions, leading to the creation of new IP assets.
 However, it raises questions about the ownership and attribution of AI-generated works
and the determination of inventorship for AI-assisted inventions.

3) What is the term of copyright for an author of the book?

 Life of the author and 60 years – as per section 22 of The Copyrights
Act,1957
4) TRIPS 1986-1994 Uruguay rounds of GATT