Intellectual Property Rights MCQ Quiz in தமிழ் - Objective Question with Answer for Intellectual Property Rights - இலவச PDF ஐப் பதிவிறக்கவும்

The correct answer is Option 3.

Key Points

• Geographical Indications of Goods (Registration and Protection) Act, 1999:

  • The Act provides the framework for the registration and protection of geographical indications related to goods.

  • A. Section 2(e) defines 'geographical indication':

    • This section provides the definition of a 'geographical indication', which means an indication that identifies such goods as agricultural, natural, or manufactured goods as originating or manufactured in a territory of a country, region, or locality, where a given quality, reputation, or other characteristic of such goods is essentially attributable to its geographical origin.

  • B. Section 2(d) defines 'goods':

    • This section defines district court and not goods.

  • C. Section 3 provides for Registrar of Geographical Indications:

    • This section establishes the office of the Registrar of Geographical Indications who is responsible for the administration of the Act.

  • D. Application for registration can be filed under section 7:

    • This section states that the particulars relating to the registration of the geographical indications shall be incorporated and form part of Part A of the register in the prescribed manner.

      The particulars relating to the registration of the authorised users shall be incorporated and form part of Part B of the register in the prescribed manner.

Additional Information

• Option 1 (B and D only):

  • Incorrect because it does not include the correct section defining 'geographical indication' and does not mention the Registrar of Geographical Indications.

• Option 2 (A and B only):

  • Incorrect because it does not mention the Registrar of Geographical Indications.

• Option 4 (B and C only):

  • Incorrect because it does not include the section defining 'geographical indication'.

Key Points

Statement A: RASOI for hydrogenated oil  
This statement is incorrect as "RASOI" is a generic term used in Hindi for kitchen, and generic terms cannot be trademarked for products they directly describe. The purpose of a trademark is to identify and distinguish goods or services of one seller from those of others.
Statement B: JHOOMRITALAIA for pens  
This statement is correct. "JHOOMRITALAIA" is a distinctive and nongeneric term. It does not directly describe the pens or their qualities, characteristics, or intended purpose. Therefore, it can serve the primary function of a trademark, which is to identify the source of the goods and distinguish them from the goods of others.
Statement C: BANK for banking service  
This statement is incorrect. The term "BANK" is a generic term for the services it describes, and generic terms cannot be registered as trademarks because they fail to distinguish the services of one provider from those of another.
Statement D: Square shape for tyres  
This statement is correct. Shapes can be registered as trademarks if they are distinctive and can distinguish goods or services of one business from those of another. The square shape for tyres is unusual and distinctive enough to function as a trademark.
Statement E: Obscene matters (things)  
This statement is incorrect. Obscene matters or things are not registrable as trademarks under the Trade Marks Act, 1999. The Act prohibits the registration of trademarks that are likely to hurt religious sentiments, are obscene, or scandalous.
Hence, the correct answer is option 3: B and D only.

The correct answer is 'Commercial use'

Key Points

• Commercial use:
  • The Copyright Act allows certain exceptions under the concept of 'fair dealing', where copyrighted materials can be used without permission in specific circumstances. However, 'commercial use' does not fall under this category.
  • Commercial use involves using copyrighted material for profit-making purposes, such as selling or distributing it for monetary gain. Such use infringes on the copyright holder's exclusive rights and is not protected under 'fair dealing' provisions.
  • This exception is designed to protect the financial interests of creators and copyright holders, ensuring they retain control over the commercial exploitation of their works.

Brief Overview of Other Options

• Private use:
  • Private use refers to the use of copyrighted material for personal purposes without sharing it publicly or using it for commercial gain.
  • Such use is considered 'fair dealing' under the Copyright Act as it does not harm the interests of the copyright holder or exploit the work for profit.
• Research purpose:
  • Using copyrighted material for research or study is a recognized 'fair dealing' exception under the Copyright Act.
  • This provision ensures that researchers and students can access and use copyrighted works to advance knowledge without infringing the copyright.
• Reporting current affairs:
  • The Copyright Act allows the use of copyrighted material for reporting current affairs, such as news or media coverage, under 'fair dealing' provisions.
  • This exception supports freedom of the press and ensures that important information can be shared with the public without legal barriers.

Additional Information

• Fair dealing exceptions under the Copyright Act:
  • The concept of 'fair dealing' is designed to strike a balance between protecting the rights of copyright holders and allowing limited use of copyrighted works for socially beneficial purposes.
  • Other common fair dealing exceptions include use for criticism, review, teaching, or parody, subject to specific conditions laid out in the law.
  • These provisions vary across jurisdictions, but the general principle is to allow limited, non-commercial, and socially beneficial use of copyrighted materials.
• Consequences of infringing copyright:
  • Using copyrighted material for commercial purposes without permission can lead to legal consequences, including fines, penalties, or injunctions.
  • Copyright infringement undermines the economic incentives for creators and publishers, impacting the production of original works.

The correct answer is '(D), (A), (E), (B), (C)'

Key Points

• Trade Marks Act, 1999:
  • The Trade Marks Act, 1999 governs the process of trademark registration in India, ensuring exclusive rights to the trademark owner and protecting their intellectual property.
  • The Act outlines the procedure for registration, grounds for refusal, and provisions for honest concurrent use, among other aspects.
• Correct order of provisions related to trademark registration process:
  • (D) Absolute grounds of refusal: This is the first step in the process, where a trademark application is examined based on absolute grounds such as whether the mark is descriptive, generic, or lacks distinctiveness.
  • (A) Relative grounds of refusal: After the absolute grounds, the application is evaluated based on relative grounds, which include potential conflicts with existing trademarks or likelihood of confusion.
  • (E) Honest concurrent use: In cases where two conflicting trademarks have been used honestly and concurrently, the registrar may allow registration of both marks under specific conditions.
  • (B) Withdrawal of acceptance: After initial acceptance, if there are errors or new facts that come to light, the registrar may withdraw the acceptance of the trademark application.
  • (C) Opposition to registration: Once the application is accepted and published, any third party can oppose the registration within the prescribed period, leading to a hearing and decision by the registrar.

Additional Information

• Option 1: (A), (B), (C), (D), (E):
  • This order incorrectly places 'Relative grounds of refusal' (A) before 'Absolute grounds of refusal' (D), which is against the logical sequence of examining a trademark application.
• Option 3: (E), (B), (C), (A), (D):
  • This order wrongly places 'Honest concurrent use' (E) at the beginning, which is a provision applicable only after relative and absolute grounds are considered.
• Option 4: (B), (C), (E), (A), (D):
  • This sequence misplaces 'Withdrawal of acceptance' (B) and 'Opposition to registration' (C), which occur later in the process.

The correct answer is 'Patent Act, 1970'

Key Points

• Definition of 'Person Interested' under the Patent Act, 1970:
  • The term 'person interested' is explicitly defined in Section 2(1)(t) of the Patent Act, 1970.
  • It refers to a person engaged in, or in promoting, research in the same field as that to which the invention relates, or a person who has a direct interest in the patent process.
  • This definition is crucial because it determines who has the right to oppose the grant of a patent or seek its revocation, ensuring that patents are granted only to legitimate innovations.
  • An interested person can file an opposition during the pre-grant or post-grant stages if they believe the patent does not meet the criteria of novelty, inventive step, or industrial applicability.

Additional Information

• Copyright Act, 1957:
  • The Copyright Act does not define the term 'person interested.' Instead, it focuses on the rights of authors, creators, and copyright owners regarding their creative works.
  • The act provides protection against unauthorized reproduction, distribution, or adaptation of copyrighted works but does not extend to defining stakeholders such as 'persons interested.'
• Industrial Designs Act, 2000:
  • While the Industrial Designs Act, 2000, governs the registration and protection of industrial designs, it does not provide a specific definition for 'person interested.'
  • The act primarily focuses on protecting the aesthetic features of a design, such as shape, pattern, or configuration, and provides mechanisms for opposing or canceling design registrations.
• Geographical Indication (Registration and Protection) Act, 2000:
  • The Geographical Indications Act deals with the protection of geographical indications for goods associated with a specific region, such as Darjeeling tea or Kancheepuram silk.
  • It does not define 'person interested' but instead refers to 'authorized users' or 'producers' who have a stake in the GI registration process.

The correct answer is Digital Library.

Key Points

• TKDL stands for Traditional Knowledge Digital Library.
• It is an initiative by the Government of India to document traditional knowledge.
• The library contains information about traditional medicinal formulations and practices.
• It aims to prevent the misappropriation of traditional knowledge and protect intellectual property rights.

Additional Information

• Driving License: A driving license is an official document authorizing a person to operate one or more types of motorized vehicles.
• Distribution List: A distribution list is a list of email addresses or contacts that can be used to send messages to multiple recipients at once.

The correct answer is Option 2.

Key Points

Chronological Arrangement of International Treaties / Conventions:

• International Treaties and Conventions are critical legal instruments for global cooperation and protection in various domains.

1. Paris Convention for the Protection of Industrial Property (1883):

   • The Paris Convention is one of the first intellectual property treaties, which applies to industrial property in the widest sense, including patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications.

2. Hague Agreement concerning the International Registration of Industrial Design (1925):

   • The Hague Agreement allows the protection of industrial designs in multiple countries through a single application filed with the World Intellectual Property Organization (WIPO).

3. Budapest Treaty on the International Recognition of the Deposit of Microorganisms (1977):

   • This treaty is an international agreement that allows for the deposit of microorganisms for patent purposes to be recognized by any contracting state.

4. WIPO Copyright Treaty (1996):

   • The WIPO Copyright Treaty provides additional protections for authors in the digital environment, complementing the Berne Convention for the Protection of Literary and Artistic Works.

Conclusion:

• The correct chronological order of the given treaties and conventions is:
  • D. Paris Convention for the Protection of Industrial Property (1883)
  • B. Hague Agreement concerning the International Registration of Industrial Design (1925)
  • A. Budapest Treaty on the International Recognition of the Deposit of Microorganisms (1977)
  • C. WIPO Copyright Treaty (1996)

Therefore, the correct answer is Option 2: D, B, A, C.

The correct answer is 'Common law relief'

Key Points

• Passing off relief under the Indian Trade Marks Act, 1999:
  • Passing off is a common law tort used to enforce unregistered trademark rights.
  • The primary objective is to prevent one party from misrepresenting their goods or services as those of another.
  • Unlike registered trademarks, passing off relies on the reputation and goodwill established by the trademark owner.
  • The relief is granted based on the common law principles rather than statutory provisions.

Additional Information

• Statutory relief:
  • Statutory relief refers to remedies provided under specific statutes or laws.
  • In the context of trademarks, statutory relief would be available under the provisions of the Trade Marks Act, 1999 for registered trademarks.
  • Since passing off deals with unregistered trademarks, it does not fall under statutory relief.
• Conventional relief:
  • Conventional relief is not a recognized term in the context of legal remedies for trademarks.
  • This option does not apply to the context of passing off under the Indian Trade Marks Act.
• Administrative relief:
  • Administrative relief refers to remedies or actions that can be taken by administrative bodies or officials.
  • Passing off relief is provided by courts based on common law principles, not by administrative bodies.

The correct answer is 'Computer databases'

Key Points

• Section 2(0) of the Copyright Act, 1957:
  • The section defines 'literary work' under the act.
  • It includes computer programs, tables, and compilations including computer databases.
• Computer databases:
  • Computer databases are considered compilations of data, which fall under 'literary work' as per the act.
  • They are protected by copyright law, ensuring the creator's rights over their work.

Additional Information

• Computer software:
  • While computer software is a type of computer program, it is not explicitly mentioned as 'literary work' in the context of the given section.
• Computer system:
  • A computer system refers to the hardware and software components working together, which is not categorized under 'literary work'.
• Artificial intelligence:
  • Artificial intelligence involves advanced technologies and algorithms, which are not specified as 'literary work' under the Copyright Act.

The correct answer is section 38B of the Copyright Act 1957.

Key Points

• Section 38B of the Copyright Act 1957:
  • This section specifically recognizes the moral rights of performers in India.
  • Moral rights allow performers to claim authorship of their performances and to object to any distortion, mutilation, or other modification that would be prejudicial to their reputation.
  • These rights are distinct from economic rights and are aimed at protecting the personal and reputational interests of the performers.

Additional Information

• Section 10 of the Trademarks Act 1999:
  • This section deals with the limitation as to color in trademarks and does not concern the moral rights of performers.
• Section 3 of the Patents Act 1957:
  • This section outlines what are not inventions under the Patents Act and has no relevance to the moral rights of performers.
• Section 30 of the Copyright Act 1957:
  • This section pertains to the licensing of copyright and does not address the moral rights of performers.