Instruction
- Total number of questions : 20
- Time allotted : 30:00 Minutes:Seconds.
- Each question carry 1 mark, no negative marks.
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- All the best
Intellectual Property and Cyber Law [ Question No: 1 To 20 ] :
Which section of IT Act deals with Cyber terrorism ?
According to section 25 of the Information technology Act, 2000 the controller may revoke the licence regarding issue of electronic signature certificate issued under section 21 of the Act
Which authority is constituted under section 88 of the IT Act, 2000 ?
An office known as Trade Marks Registry has been established under Section........of the Trade Marks Act, 1999 to provide for registration and better protection of trademarks for goods and services.
Section 5 of Part-II of TRIPS Agreement relates to the ............ .
With respect to 'Post-Grant Opposition', which of the following is not correct statement ?
Which one of the following treaty provides a unified procedure for filing patent applications to protect inventions in each of its contracting states ?
Sentences relating to Paris Convention :
(i) was followed by the Berne Convention
(ii) there are 55 articles
(iii) it provides protection to Industrial Property
(iv) it was held in 1883
The term "National Treatment" provides that :
In order to safeguard the secure use of the electronic medium and for promotion of e-governance and e-commerce, which of the following authority has been empowered to prescribe the modes or methods for encryption u/s 84A of the Information Technology Act, 2000 ?
Which one of the following is not the case of Biopiracy ?
It has been observed that India has been traditionally one of the soft target of biopiracy. Which among the following is the reason for it ?
Bio-diversity of a Geographical region represents :
What is the term for Protection of Geographical Indication ?
A non-counterfeit product imported from another country without the permission of the intellectual property owner is called as :
Which one of the following was not the subject matter of Paris Convention 1883 for the protection of industrial property ?
Which one of the following was not the principle agreed upon in the Berne Convention for Protection of Literary and Artistic Works (1886) ?
Which one of the following is not an exception given under S/52 of the Copyright Act, 1957 which allows the use of copyrighted material as "fair deal" ?
Which of the following doctrine stipulates that a person is entitled to sell his copy of a copyrighted work to anyone without being required to observe any conditions attached by the copyright owner to such sale.
Under the Patents Act, 1970, a patent is granted to an inventor in India. Which of the following correctly reflects a limitation on the patentee's rights under the law ?
Total number of questions : 20
Number of answered questions : 0
Number of unanswered questions : 20
Intellectual Property and Cyber Law [ Question No: 1 To 20 ] :
Which section of IT Act deals with Cyber terrorism ?
Your Answer : (Not Answered)
Correct Answer : D
Cyber terrorism is dealt with in Section 66F.
Section 66F punishes acts done with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people, such as denying access to authorised users, penetrating a computer resource without authorisation or introducing a contaminant, where this causes death, injury, damage to property or disruption of critical services. The punishment may extend to imprisonment for life.
Section 66C deals with identity theft, section 66D with cheating by personation using a computer resource, and section 66E with violation of privacy.
According to section 25 of the Information technology Act, 2000 the controller may revoke the licence regarding issue of electronic signature certificate issued under section 21 of the Act
Your Answer : (Not Answered)
Correct Answer : D
The answer is option D: by making an inquiry and giving a reasonable opportunity of showing cause.
Section 25 of the Information Technology Act allows the Controller to revoke a Certifying Authority's licence if satisfied, after making such inquiry as he thinks fit, of grounds such as false statements or breach of conditions. Its proviso adds that no licence shall be revoked unless the Certifying Authority has been given a reasonable opportunity of showing cause against the proposed revocation.
Options A, B and C each drop the inquiry, the hearing, or both. (The paper spells 'resonable'.)
Which authority is constituted under section 88 of the IT Act, 2000 ?
Your Answer : (Not Answered)
Correct Answer : D
Section 88 constitutes the Cyber Regulations Advisory Committee.
Section 88 of the IT Act requires the Central Government to constitute the Cyber Regulations Advisory Committee, consisting of a chairperson and such other official and non-official members representing the interests principally affected as the government thinks fit. It advises the Central Government on rules and other matters under the Act, and the Controller on framing regulations.
The other names are not bodies set up by the IT Act.
An office known as Trade Marks Registry has been established under Section........of the Trade Marks Act, 1999 to provide for registration and better protection of trademarks for goods and services.
Your Answer : (Not Answered)
Correct Answer : C
The Registry is established under Section 5(1).
Section 5(1) of the Trade Marks Act, 1999 provides that there shall be a Trade Marks Registry for the purposes of the Act, and that the Registry established under the Trade and Merchandise Marks Act, 1958 shall be the Trade Marks Registry under the new Act.
Section 5(2) deals with the head office of the Registry and section 5(3) with branch offices. Section 6 concerns the register of trade marks, and section 7 the classification of goods and services.
Section 5 of Part-II of TRIPS Agreement relates to the ............ .
Your Answer : (Not Answered)
Correct Answer : B
Section 5 of Part II of TRIPS relates to patents.
Part II of the TRIPS Agreement sets standards for each kind of intellectual property: Section 1 copyright and related rights, Section 2 trademarks, Section 3 geographical indications, Section 4 industrial designs, Section 5 patents (Articles 27-34), Section 6 layout-designs of integrated circuits, and Section 7 undisclosed information.
Copyright is Section 1 and trademarks Section 2. Goodwill is not a category of protection under TRIPS.
With respect to 'Post-Grant Opposition', which of the following is not correct statement ?
Your Answer : (Not Answered)
Correct Answer : D
The statement that is not correct is that the Post-Grant Opposition can be filed by any person during the valid term of patent.
Section 25(2) of the Patents Act, 1970 allows post-grant opposition only at any time after the grant but before the expiry of one year from the date of publication of the grant. After that year, a challenge must be brought by revocation proceedings under section 64, not by opposition.
Options B and C are correct: the provision is section 25(2), and it is open to a person interested on grounds parallel to those for pre-grant opposition. Option A states the correct time limit, though section 25(2) gives the right to a 'person interested' rather than to anyone at all.
Which one of the following treaty provides a unified procedure for filing patent applications to protect inventions in each of its contracting states ?
Your Answer : (Not Answered)
Correct Answer : C
The treaty is the PCT, the Patent Cooperation Treaty.
The PCT (1970), administered by WIPO, lets an applicant file one international application that has effect in all contracting states, with an international search and optional preliminary examination, before entering the national phase in each chosen country. India joined in 1998.
The WTO is an organisation, not a filing treaty. 'PTC' is a scrambled form of PCT, and the WPPT is the WIPO Performances and Phonograms Treaty on performers' and producers' rights.
Sentences relating to Paris Convention :
(i) was followed by the Berne Convention
(ii) there are 55 articles
(iii) it provides protection to Industrial Property
(iv) it was held in 1883
Your Answer : (Not Answered)
Correct Answer : B
The answer is only (i), (iii) and (iv) are correct.
The Paris Convention for the Protection of Industrial Property was concluded in 1883 (iv), protects industrial property such as patents, trademarks, industrial designs and geographical indications (iii), and was followed in 1886 by the Berne Convention on literary and artistic works (i).
Statement (ii) is wrong: the Paris Convention has 30 articles, not 55. That rules out options naming (ii), and those naming only (i) or only (iv) are incomplete.
The term "National Treatment" provides that :
Your Answer : (Not Answered)
Correct Answer : A
National treatment means the member nation shall accord to the nationals of the other members treatment no less favourable than that it accords to its own nationals with regards to the protection of IPR.
Article 3 of the TRIPS Agreement, following the Paris and Berne Conventions, requires each member to give other members' nationals treatment no less favourable than it gives its own nationals in protecting intellectual property. It forbids discrimination between foreigners and locals.
The second option speaks only of a state's own nationals. The third and fourth garble the idea, confusing it with the minimum standards of the conventions or with WIPO, and with most-favoured-nation treatment, which is about equal treatment among foreign members.
In order to safeguard the secure use of the electronic medium and for promotion of e-governance and e-commerce, which of the following authority has been empowered to prescribe the modes or methods for encryption u/s 84A of the Information Technology Act, 2000 ?
Your Answer : (Not Answered)
Correct Answer : D
The power to prescribe modes or methods of encryption under section 84A belongs to the Central Government.
Section 84A, inserted in the Information Technology Act by the 2008 amendment, provides that the Central Government may, for the secure use of the electronic medium and for the promotion of e-governance and e-commerce, prescribe the modes or methods for encryption.
The Controller of Certifying Authorities licenses and regulates certifying authorities, and the adjudicating officer decides compensation claims under section 46; neither prescribes encryption methods, nor does any ministry other than through the Central Government's rule-making power.
Which one of the following is not the case of Biopiracy ?
Your Answer : (Not Answered)
Correct Answer : D
The one that is not a biopiracy case is Ginger Cough (EPO Patent No. 539295).
The other three are well-known biopiracy disputes over Indian traditional knowledge and resources:
- Turmeric: US Patent 5,401,504 for its wound-healing use was revoked in 1997 after India's CSIR showed prior traditional use.
- Neem: European Patent 436257 for a neem-oil fungicide was revoked by the EPO in 2000 and the revocation upheld in 2005.
- Basmati: RiceTec's US Patent 5,663,484 on rice lines and grains was challenged by India, and most of its claims were withdrawn in 2001.
No such ginger cough patent is among the recognised biopiracy cases.
It has been observed that India has been traditionally one of the soft target of biopiracy. Which among the following is the reason for it ?
Your Answer : (Not Answered)
Correct Answer : B
India is a soft target of biopiracy because it has a large amount of biodiversity.
India is one of the world's megadiverse countries, with several biodiversity hotspots and a vast body of traditional knowledge on the use of plants, as in Ayurveda. This richness of biological resources and associated knowledge attracts attempts to patent them abroad, as in the neem, turmeric and basmati cases.
India's colonial past and the working of the National Biodiversity Authority are not the reason; the Biological Diversity Act, 2002 and the Authority were set up precisely to regulate access. The government's approach is regulatory, not one that makes it easy to carry material away.
Bio-diversity of a Geographical region represents :
Your Answer : (Not Answered)
Correct Answer : A
Biodiversity represents the diversity in the organisms living in the region.
Biodiversity is the variety of all living organisms in a region, from genes to species to ecosystems. Article 2 of the Convention on Biological Diversity defines it as the variability among living organisms from all sources, including diversity within species, between species and of ecosystems.
Endangered species, species endemic to the region (printed 'epidemic') and genetic diversity within the dominant species are each only one part of biodiversity, not the whole.
What is the term for Protection of Geographical Indication ?
Your Answer : (Not Answered)
Correct Answer : B
Protection lasts ten years but may be renewed from time to time for an unlimited period.
Under Section 18 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, a registration is valid for ten years and may be renewed for further periods of ten years each, on payment of the renewal fee, with no limit on the number of renewals. A geographical indication can therefore be protected indefinitely.
The initial term is not twenty years, and renewal is not limited to one further ten-year period or tied to proof of continuing characteristics.
A non-counterfeit product imported from another country without the permission of the intellectual property owner is called as :
Your Answer : (Not Answered)
Correct Answer : C
Such a product is a parallel import.
Parallel imports, or grey-market goods, are genuine products made by or with the consent of the IP owner and sold abroad, then imported into another country without the owner's permission, usually to take advantage of price differences. Whether they are lawful depends on the importing country's rule on exhaustion of rights.
Counterfeit smuggling and IPR piracy concern fake or unauthorised copies, while the product here is genuine (non-counterfeit). 'Cross-border import' is not the term of art.
Which one of the following was not the subject matter of Paris Convention 1883 for the protection of industrial property ?
Your Answer : (Not Answered)
Correct Answer : A
Copyright was not a subject of the Paris Convention.
The Paris Convention for the Protection of Industrial Property (1883) covers industrial property: patents, utility models, industrial designs, trade marks, service marks, trade names, indications of source and the repression of unfair competition.
Copyright in literary and artistic works is dealt with by the separate Berne Convention for the Protection of Literary and Artistic Works (1886). Patents, trade marks and utility models are all within the Paris Convention.
Which one of the following was not the principle agreed upon in the Berne Convention for Protection of Literary and Artistic Works (1886) ?
Your Answer : (Not Answered)
Correct Answer : B
The principle not agreed in the Berne Convention is the principle of protection to original creator.
The Berne Convention rests on three basic principles: national treatment (works from one member state get the same protection in others as their own nationals' works), automatic protection (no registration or other formality is needed), and independence of protection (protection does not depend on protection in the country of origin).
'Protection to original creator' is not one of these named principles, so it is the exception.
Which one of the following is not an exception given under S/52 of the Copyright Act, 1957 which allows the use of copyrighted material as "fair deal" ?
Your Answer : (Not Answered)
Correct Answer : A
The use that is not a fair dealing exception is the commercial use of copyrighted material.
Section 52 of the Copyright Act, 1957 lists acts that do not infringe copyright, including fair dealing for private or personal use including research, for criticism or review, and for reporting current events, as well as reproduction in the course of instruction. These exceptions serve learning, research and free expression.
Commercial exploitation of another's work is the very right copyright reserves to the owner, so it cannot be fair dealing; academic, research and private use are covered.
Which of the following doctrine stipulates that a person is entitled to sell his copy of a copyrighted work to anyone without being required to observe any conditions attached by the copyright owner to such sale.
Your Answer : (Not Answered)
Correct Answer : C
The doctrine is the doctrine of first sale.
Under the first sale doctrine, also called exhaustion of rights, once the copyright owner has sold or authorised the sale of a particular copy, its right to control the distribution of that copy is exhausted. The buyer may resell, lend or give away that copy without the owner's permission and without being bound by conditions on resale.
The doctrine of election is an equity rule about choosing between inconsistent rights, and 'prima facie sale' and 'original sale' are not recognised doctrines.
Under the Patents Act, 1970, a patent is granted to an inventor in India. Which of the following correctly reflects a limitation on the patentee's rights under the law ?
Your Answer : (Not Answered)
Correct Answer : B
The limitation is that the Government may use the invention for its own purposes without the consent of the patentee.
Section 47 of the Patents Act, 1970 makes every patent subject to the condition that the Government may use the patented invention merely for its own use, and import patented medicines for its own use or for distribution in government dispensaries and hospitals. Sections 99 and 100 also allow the Central Government, and persons authorised by it, to use an invention for the purposes of Government, generally on terms and royalty agreed or fixed by the High Court.
Government use does not void the patent or strip the patentee of all rights; the patent stays in force and the patentee may be entitled to remuneration. The statement that the Government cannot use it without permission is the opposite of the law.
Marks
Total number of questions : 20
Number of answered questions : 0
Number of unanswered questions : 20