Intellectual Property Rights MCQ Quiz - Objective Question with Answer for Intellectual Property Rights - Download Free PDF

The correct answer is:Option 3) No, because the skill or effort to bring out such works is too trivial to term it new and of original character.

Key Points

• For a computer program to be granted copyright protection, it must exhibit a certain degree of originality and creativity. A program that simply produces multiplication tables, which is a standard, factual process, does not involve the level of creativity or effort required to make it eligible for copyright protection.

• Copyright does not protect ideas, facts, or methods. Since multiplication tables are a fundamental, mathematical concept that is well-established, producing them through a program is not considered an original or creative expression in a way that would qualify for copyright.

• Originality is the key requirement for copyright protection. In this case, the multiplication tables are not considered original works since they are based on basic, well-known arithmetic.

• The level of creativity needed to produce such a program is seen as insufficient for copyright protection, as the effort involved is too trivial.

Additional Information

• Copyright protects the expression of an idea (such as the specific code used to create a program), but not the idea itself. In this case, the idea (multiplication tables) is not original enough to be protected.

• For copyright protection, the program must involve some degree of novelty or creative coding. Simple algorithms or functions that produce basic, factual results (like multiplication tables) generally do not meet this threshold.

The correct answer is: Option 1) It is considered a literary work.

Key Points

• Copyright laws of different jurisdictions typically classify software as a literary work. This classification applies because software consists of code (written language) and is an expression of ideas in a tangible medium.
• Just like novels, poems, and articles, computer programs are protected as literary works under copyright law because they involve the written expression of ideas.
• This recognition ensures that programmers and software developers can exercise control over their creations, such as preventing unauthorized copying or distribution.

Software is not classified as an artistic work because it is not primarily visual or aesthetic in nature.

Copyright law does not consider software as a non-copyrightable work. It is eligible for protection as long as it meets originality requirements.

Software is not considered a monopoly work under copyright laws. While copyright grants the creator exclusive rights, it is not intended to create a monopoly but rather to protect intellectual property rights.

Additional InformationThe TRIPS Agreement and national copyright laws across different jurisdictions, including the U.S. and EU, classify computer programs as literary works to protect the rights of the creators in a global digital environment.

The correct answer is: Option 3) Article 10(1)

Key Points

• Article 10(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides specific copyright protection to computer programs.
• This provision recognizes computer programs as literary works, which are eligible for copyright protection under the TRIPS Agreement. 
• The inclusion of computer programs under copyright protection ensures that software developers' rights are safeguarded internationally, allowing them to control the use and reproduction of their original code.

TRIPS aims to standardize the protection of intellectual property rights across member countries to promote fair competition and innovation.

Computer programs are considered literary works under the copyright law, and Article 10(1) extends the same protections to them as are granted to other forms of literary works.

Additional Information

• The provision ensures that software and programming code are protected, making it illegal to copy or distribute software without the permission of the copyright holder.
• This protection applies to both original and modified software code, as long as it meets the originality criteria.

The correct answer is: Option 4) Yes, if sufficient efforts or skill have been expended to give it a new and original character.

Key Points

• Copyright protection applies to computer programs under international agreements like the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights).
• For a computer program to be eligible for copyright protection, it must exhibit a degree of originality. This means the program must have been created with sufficient effort and skill, making it a new and original work. 
• Originality in the context of computer programs refers to the creativity involved in coding and the unique way the program is structured or written. It does not matter if the program is readable by machines; what matters is the level of creativity involved in its development.

Computer programs are considered literary works under copyright law, meaning they are protected as written expressions, much like novels or scripts.

Originality is the primary factor for copyright protection. Even though computer programs serve functional purposes, the code, algorithms, and structure can be original and thus eligible for protection.

Additional InformationThe fact that computer programs are executed by machines does not negate their eligibility for copyright. What matters is the programming effort involved in creating the software, rather than the machine's ability to read or execute it.

Copyright does not protect the idea behind the program or the functionality but protects the actual expression of the code.

The correct answer is: Option 3) Copyright subsists in original works capable of being reproduced.

Key Points

• Copyright is a legal right granted to the creators of original works, such as literary, artistic, or musical works, which allows them to control the reproduction, distribution, and public display of their creations.
• Original works are those that are created with a degree of creativity and originality, as opposed to works that merely copy from others.
• Copyright protection applies to works that are capable of being reproduced, meaning the work can be fixed in a tangible medium (e.g., written, recorded, or otherwise represented in a physical or digital format).
• Originality is a key requirement for copyright protection. The work must be the result of the creator's own effort and creativity.
• Reproducibility: The work must be capable of being reproduced, whether digitally, in print, or in another fixed format, for copyright protection to apply.

Additional InformationCopyright does not protect ideas, methods, or systems. It only protects the expression of ideas (e.g., the specific wording of a book or the arrangement of a musical composition), not the underlying concept.

The correct answer isProtection of Intellectual Property Rights.

Key Points

Copyright Law:

• The Berne Convention, established in 1886, primarily focuses on the protection of works and the rights of their authors. It is a foundational international agreement in copyright law.
• It ensures that authors' works (such as books, music, paintings, sculpture, and films) are protected in all signatory countries, giving the creators exclusive rights to use and authorize the use of their works.
• In summary, the Berne Convention is specifically concerned with copyright law, ensuring the protection of authors' works across international borders, unlike the other mentioned laws which are covered by different agreements and conventions.

Key Points

Correct Answer: Geographical Indication
Explanation: A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, a reputation, or characteristics that are essentially attributable to that origin. The purpose of a GI is to ensure that only those registered as authorized users are allowed to use the popular product name. This is a form of IPR designed to protect the unique qualities and heritage of products from specific regions. The statutory ban on the assignment of GIs is to prevent the misuse or misrepresentation of the GI, ensuring that the product's reputation remains linked to its geographical origin and cannot be commercially exploited by entities outside that region.
Overview of Incorrect Options:
1) Patents: Patents are a form of intellectual property protection that grant the patent holder exclusive rights to use, make, sell, and distribute their invention for a limited period, typically 20 years. Patents can be assigned and transferred, allowing the original inventor to sell the patent to another party, who then gains the rights to the invention.
2) Trademarks: Trademarks protect symbols, names, and slogans used to identify goods or services. The ownership of a trademark can be transferred or assigned from one party to another. This means that the rights to use a specific mark can be sold or passed on, which is common in business acquisitions and mergers.
4) Layout Designs of Integrated Circuits: These are protected under intellectual property law to safeguard the design of integrated circuits. Like patents and trademarks, the rights to a layout design can be assigned to another party, allowing them to use or commercialize the design under certain conditions.
In summary, while patents, trademarks, and layout designs of integrated circuits can be assigned or transferred, geographical indications cannot be assigned because they are intrinsically linked to a specific region's characteristics and heritage, which cannot be transferred to another party or location.

The correct answer is 'Copyright'

Key Points

• Paris Convention 1883 for the Protection of Industrial Property:
  • The Paris Convention, adopted in 1883, is one of the first international treaties designed to help people of one country obtain protection for their intellectual property in other countries.
  • It primarily focuses on industrial property, which includes patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, and the repression of unfair competition.
• Patents:
  • Patents are granted for inventions and provide exclusive rights to the patent holder to prevent others from making, using, or selling the invention without permission.
• Trademarks:
  • Trademarks are signs capable of distinguishing the goods or services of one enterprise from those of other enterprises. They are protected under the Paris Convention.
• Utility Models:
  • Utility models are similar to patents but are often used for less complex inventions. They are also known as "petty patents" and are included in the Paris Convention.

Additional Information

• Copyright:
  • Copyright is a form of protection provided to the creators of original works, including literary, dramatic, musical, and artistic works. It was not covered under the Paris Convention of 1883.
  • Copyright protection is instead covered by the Berne Convention for the Protection of Literary and Artistic Works, which was adopted in 1886.

The correct answer isProtection of Intellectual Property Rights.

Key Points

Copyright Law:

• The Berne Convention, established in 1886, primarily focuses on the protection of works and the rights of their authors. It is a foundational international agreement in copyright law.
• It ensures that authors' works (such as books, music, paintings, sculpture, and films) are protected in all signatory countries, giving the creators exclusive rights to use and authorize the use of their works.
• In summary, the Berne Convention is specifically concerned with copyright law, ensuring the protection of authors' works across international borders, unlike the other mentioned laws which are covered by different agreements and conventions.

Key Points

Correct Answer: Information discovered by reverse engineering
Explanation: Trade secrets are a type of intellectual property that encompass manufacturing or industrial secrets and commercial secrets. The information must be secret, have commercial value because it is secret, and have been subject to reasonable steps by the rightful holder of the information to keep it secret. Information that can be discovered by reverse engineering—where a product is deconstructed to reveal its designs, architecture, or to extract knowledge from the product—is not protected as a trade secret. This is because once a product is made available to the public, others can analyze it to understand how it was made or how it works, as long as they are not violating any other intellectual property rights in the process.
Overview of Incorrect Options:
Commercially Valuable: Incorrect because trade secrets must indeed be commercially valuable. This value comes from the fact that the information is secret and provides the holder a competitive advantage.
Production Methods: Incorrect because production methods can be considered trade secrets if they are not known outside of the company and give it a competitive edge. Protecting the specifics of how a product is made can be crucial for a business.
Business Plans: Incorrect because business plans, especially those containing strategic insights and future plans, can be protected as trade secrets. These documents can contain sensitive information that, if leaked, could benefit competitors.
              In summary, the nature of trade secrets is to protect confidential information that provides a business with a competitive edge. Once information is publicly available or can be independently discovered without accessing the confidential information directly, such as through reverse engineering, it no longer qualifies for trade secret protection.

Key Points

Correct Answer: Process Patent
In India, a process patent is protectable. It refers to a patent for a specific process or method of doing something, typically used in manufacturing or technical operations. This type of patent ensures that the method of creating a product or achieving a result is protected, preventing others from using the same process without authorization.
Overview of Incorrect Options:
Design Patent:
While design patents are indeed recognized in India, they are specifically meant to protect the visual design of objects that are not purely utilitarian. The question specifically asks for the kind of patent that is protectable, implying a singular answer, which is more accurately filled by the option of a process patent in the context of broad protection categories in India.
Utility Patent:
The term "utility patent" is primarily used in the United States to refer to patents that are for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof. In India, this concept is more commonly referred to simply as a "patent", covering both products and processes, but the specific term "utility patent" is not commonly used, making "process patent" a more precise answer.
Plant Variety Patent:
In India, plant varieties are not protected under the Patents Act but under the Protection of Plant Varieties and Farmers' Rights Act, 2001. This act provides a separate form of protection that is distinct from patents and is specifically tailored to the protection of plant varieties, their seeds, propagules, etc. Hence, it is not considered under the general patent protection categories discussed in the question.

Hint

Incorrect Statement: The statement that an invention shall be published before applying for a patent is incorrect. In fact, for a patent application to be successful, the invention must not be publicly disclosed before the application is filed. Publishing an invention before filing can often disqualify it from being patented as it may no longer be considered novel or new, which are key criteria for patentability.
Option 1 Explanation: Patents are indeed granted to encourage inventions by providing inventors exclusive rights to their inventions for a limited period. This exclusivity incentivizes innovation by allowing inventors to potentially recoup their investment in developing the invention.
Option 2 Explanation: Protection and enforcement of patents play a significant role in technological innovation. By ensuring that inventors can protect their inventions from unauthorized use, patents encourage more investment in research and development, leading to more innovative technologies entering the market.
Option 3 Explanation: While it is an ideal goal for patented inventions to be available at reasonable and affordable prices, this statement is somewhat idealistic and not a direct consequence or requirement of the patent system itself. However, it reflects the broader aim of striking a balance between rewarding inventors and ensuring public access to new technologies. In practice, the affordability and availability can be influenced by various factors including licensing agreements, competition, and regulatory policies.

The correct answer is Patents

Key Points

• Section 5 of Part-II of TRIPS Agreement:
  • The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) is an international legal agreement between all the member nations of the World Trade Organization (WTO).
  • Section 5 of Part-II specifically addresses the standards concerning the availability, scope, and use of patents.
  • It outlines the minimum standards for the protection and enforcement of patents that member countries must adhere to.
  • This includes stipulations on what can be patented, the rights conferred to patent holders, and exceptions to these rights.

Additional Information

• Copyright:
  • Copyright refers to the legal right granted to the creator of original works of authorship, such as literary, dramatic, musical, and artistic works.
  • It is covered under Section 1 of Part-II of the TRIPS Agreement, not Section 5.
• Goodwill:
  • Goodwill is an intangible asset that represents the value of a business's brand name, customer relationships, and other non-physical assets.
  • It is not specifically addressed in the TRIPS Agreement.
• Trademarks:
  • Trademarks are signs capable of distinguishing the goods or services of one enterprise from those of other enterprises.
  • They are covered under Section 2 of Part-II of the TRIPS Agreement, not Section 5.

The correct answer is 'Geographical Indications'

Key Points

• Geographical Indications:
  • Geographical Indications (GIs) are a type of intellectual property right (IPR) that identifies a product as originating from a specific place, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin.
  • Examples include Darjeeling tea, Champagne, and Roquefort cheese.
  • GIs are regarded as community property because they protect the collective interests of the producers in a specific region rather than an individual or company.

Additional Information

• Industrial Designs:
  • Industrial designs refer to the ornamental or aesthetic aspects of an article, including its shape, pattern, or color.
  • They protect the visual design of objects that are not purely utilitarian.
  • Unlike GIs, industrial designs are typically owned by individuals or companies, not communities.
• Copyright:
  • Copyright protects original works of authorship, such as literary, musical, and artistic works.
  • It grants the creator of the work exclusive rights to its use and distribution, typically for a limited time.
  • Copyright is individual property, not community property.
• Patents:
  • Patents protect inventions and grant the patent holder exclusive rights to use and commercialize the invention for a certain period, usually 20 years.
  • Patents are owned by individuals or companies and are not considered community property.

Key Points

Copyright Law:
The Berne Convention, established in 1886, primarily focuses on the protection of works and the rights of their authors. It is a foundational international agreement in copyright law.
It ensures that authors' works (such as books, music, paintings, sculpture, and films) are protected in all signatory countries, giving the creators exclusive rights to use and authorize the use of their works.
In summary, the Berne Convention is specifically concerned with copyright law, ensuring the protection of authors' works across international borders, unlike the other mentioned laws which are covered by different agreements and conventions.