LLM Intellectual Property Law — practice questions
101 free MCQs with worked solutions. Tap any question for the answer + explanation, or practice them all in the app.
Practice LLM Intellectual Property Law in the app →Section 2(1)(j) Patents Act 1970 defines 'invention' as:Section 3(d) Patents Act 1970, as inserted by the 2005 amendment, excludes from patentability:Under Section 3 Patents Act 1970, which of the following is NOT a patentable invention?Section 3(j) Patents Act 1970 excludes from patentability:Section 25 Patents Act 1970 deals with 'opposition to grant of patent'. Pre-grant opposition under Section 25(Section 53 Patents Act 1970 prescribes the TERM of every patent granted:Section 84 Patents Act 1970 provides for COMPULSORY LICENCE. An application can be made on which grounds?Section 100 Patents Act 1970 deals with 'use of patented inventions for purposes of Government'. A patent owneUnder Section 64 Patents Act 1970, REVOCATION of a granted patent may be sought by:Section 107 Patents Act 1970 enumerates defences in an infringement suit. Which is NOT a recognised defence?Section 159 Patents Act 1970 enacts that the Patents Act binds the Government in:Section 8 Patents Act 1970 requires the applicant to furnish:In Novartis AG v. Union of India, (2013) 6 SCC 1, the Supreme Court interpreted 'efficacy' in Section 3(d) PatSection 11A Patents Act 1970 deals with PUBLICATION of patent applications. Every application shall be publishSection 13 Copyright Act 1957 lists the works in which copyright subsists. Which of the following is NOT coverSection 14 Copyright Act 1957 defines 'copyright' as the EXCLUSIVE RIGHT subject to the provisions of the Act,Section 17 Copyright Act 1957 deals with FIRST OWNER of copyright. Subject to other provisions, the author of Section 22 Copyright Act 1957 prescribes the TERM of copyright in published literary, dramatic, musical and arSection 52 Copyright Act 1957 lists 'FAIR DEALING' exceptions. Which of the following is NOT a fair dealing unIn R.G. Anand v. Delux Films, AIR 1978 SC 1613, the Supreme Court laid down the test for copyright infringemenSection 38 Copyright Act 1957 (as amended in 2012) confers 'performer's rights'. The performer's rights last fSection 51 Copyright Act 1957 enumerates the acts that constitute 'infringement of copyright'. Which act is INSection 63 Copyright Act 1957 prescribes punishment for INFRINGEMENT of copyright. The punishment is:Section 2(1)(zb) Trade Marks Act 1999 defines 'trade mark' as a mark capable of being represented graphically Section 9 Trade Marks Act 1999 lists ABSOLUTE GROUNDS for refusal of registration. A mark shall NOT be registeSection 11 Trade Marks Act 1999 lists RELATIVE GROUNDS for refusal of registration. A trade mark shall not be Section 25 Trade Marks Act 1999 prescribes that registration of a trade mark shall be for a period of:Under Section 29 Trade Marks Act 1999, INFRINGEMENT of a registered trade mark is committed when a person, notSection 27(2) Trade Marks Act 1999 PRESERVES the common-law action of PASSING OFF. The classic elements of pasSection 32 Trade Marks Act 1999 grants PROTECTION OF REGISTRATION on GROUNDS OF DISTINCTIVENESS in CERTAIN CASSection 31 Trade Marks Act 1999 enacts the doctrine that the REGISTRATION CERTIFICATE is to be:Section 47 Trade Marks Act 1999 provides for REMOVAL FROM REGISTER ON GROUND OF NON-USE. The relevant period oSection 134 Trade Marks Act 1999 deals with JURISDICTION for trade mark infringement / passing-off suits. A suSection 11(6) read with Sections 11(7) and 11(9) Trade Marks Act 1999 defines a 'WELL-KNOWN TRADE MARK' and thUnder Section 28 Trade Marks Act 1999, the registration of a trade mark gives the registered proprietor the EXSection 34 Trade Marks Act 1999 PROTECTS PRIOR USE — a person whose mark has been continuously used in trade pSection 84(6) Patents Act 1970 enumerates factors for determining whether 'reasonable requirements of the publSection 31 Copyright Act 1957 deals with COMPULSORY LICENCE in respect of works withheld from the public. SuchSection 84 of the Copyright Act 1957 deals with PROTECTION OF SEPARATE RIGHTS. Where copyright is owned by joiSection 19 Copyright Act 1957 prescribes the MODE OF ASSIGNMENT of copyright. An assignment shall be valid onlSection 30 Copyright Act 1957 deals with LICENSING of copyright. A licence may be granted by:Section 33 Copyright Act 1957 (substituted by 2012 Amendment) provides that BUSINESS of issuing licences in reSection 22 Trade Marks Act 1999 deals with CORRECTION AND AMENDMENT of the register. Such correction can be maSection 134 Trade Marks Act 1999 read with Section 142 prevents TRESPASS on a trade mark. Section 142(1) makesSection 17 Patents Act 1970 prescribes that the patent specification shall be filed by the applicant in:Section 39 Patents Act 1970 deals with FOREIGN FILING permission. Where the patentee is resident of India and Section 65 Trade Marks Act 1999 read with the 1999 framework provides for COLLECTIVE MARKS under:Section 91 Trade Marks Act 1999 prescribed APPEALS to the Intellectual Property Appellate Board (IPAB). After Section 35 Patents Act 1970 deals with SECRECY DIRECTIONS. The Controller may direct an application be kept seUnder Section 47 Patents Act 1970, the grant of patent is subject to which conditions?Section 65 Patents Act 1970 governs WHEN PATENT FOR ATOMIC ENERGY-RELATED INVENTIONS may be:Section 105 Patents Act 1970 provides for DECLARATORY suits for NON-INFRINGEMENT. A person:Section 159 Patents Act 1970 enacts:Section 88 Patents Act 1970 deals with POWERS OF CONTROLLER on application for compulsory licence under SectioSection 92A Patents Act 1970, inserted by the 2005 amendment, provides for COMPULSORY LICENCE for EXPORT of phSection 109 Patents Act 1970 deals with PERSONS WHO MAY SUE FOR INFRINGEMENT. A suit may be brought by:Section 25(2) Patents Act 1970 deals with POST-GRANT OPPOSITION — opposition after grant. The time limit is:Section 67 Patents Act 1970 establishes the REGISTER OF PATENTS. Entries to be made include:Section 53 Copyright Act 1957 (inserted 2012) deals with IMPORTATION OF INFRINGING COPIES — the procedure for Section 31A Copyright Act 1957 deals with COMPULSORY LICENCE for UNPUBLISHED OR ANONYMOUS WORKS. Such licence Section 57 Copyright Act 1957 confers AUTHOR'S MORAL RIGHTS, which include:Section 19A Copyright Act 1957 deals with the COPYRIGHT BOARD's powers to settle DISPUTES ARISING FROM ASSIGNMSection 65A Copyright Act 1957, inserted by the 2012 Amendment, criminalises:Section 142 Trade Marks Act 1999 makes a person liable for GROUNDLESS THREATS of legal proceedings if:Section 57 Trade Marks Act 1999 deals with POWER TO CANCEL OR VARY registration and to RECTIFY the register. ASection 124 Trade Marks Act 1999 deals with STAY OF PROCEEDINGS where validity of registration is QUESTIONED. Section 36A-36G Trade Marks Act 1999 (Chapter VIA) — inserted by Trade Marks (Amendment) Act, 2010 — deal withSection 27 Trade Marks Act 1999 enacts the rule that NO ACTION FOR INFRINGEMENT shall be brought for an UNREGIUnder the Patents Act 1970 read with the Geographical Indications of Goods (Registration and Protection) Act 1The TRIPS Agreement (Annex 1C to the WTO Agreement, 1994) sets MINIMUM STANDARDS for IP protection in Member cThe TRIPS Agreement Article 33 prescribes the MINIMUM term of protection for PATENTS as:Section 138 Trade Marks Act 1999 read with Section 134 deals with JURISDICTIONAL PREREQUISITES for trade mark The DESIGNS ACT 2000 protects 'design' as defined in Section 2(d). 'Design' means:The PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT 2001 protects:Section 84(7) Patents Act 1970 lists factors for determining whether 'reasonable requirements of the public' hSection 21 Patents Act 1970 prescribes a TIME LIMIT for completion of complete application after PROVISIONAL sSection 20 Trade Marks Act 1999 requires ADVERTISEMENT of accepted applications. The advertisement is publisheSection 21 Trade Marks Act 1999 deals with OPPOSITION to registration. The time limit for filing opposition isSection 33 Copyright Act 1957 (substituted 2012) provides that BUSINESS of issuing copyright licences may be cSection 13(3) Copyright Act 1957 states that copyright does NOT subsist in:Section 23 Trade Marks Act 1999 deals with REGISTRATION of accepted trade marks. After acceptance and absence Section 26 Trade Marks Act 1999 deals with REGISTRATION OF SAME TRADE MARK by REGISTERED USERS. A registered uThe 'TRIPLE IDENTITY TEST' for trade mark infringement requires identity of:Section 137 Patents Act 1970 enacts:Section 22 Patents Act 1970 deals with the SECRETARY-GENERAL OF THE PATENT OFFICE. The CONTROLLER GENERAL OF PSection 92 Patents Act 1970 (NOTIFICATIONS) gives the Central Government power to notify compulsory licences iSection 78 Trade Marks Act 1999 enacts that CERTIFICATION TRADE MARKS may be applied for by a:Section 73 Patents Act 1970 deals with the appointment of the CONTROLLER and OTHER OFFICERS of the Patent OffiSection 84 Trade Marks Act 1999 enables the Central Government to declare a trade mark to be 'WELL-KNOWN'. TheIn CADILA HEALTH CARE LTD v. CADILA PHARMACEUTICALS LTD, (2001) 5 SCC 73, the Supreme Court of India laid downSection 65 Copyright Act 1957 (POSSESSION OF PLATES FOR THE PURPOSE OF MAKING INFRINGING COPIES) is a:The DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH 2001 affirmed that:Section 25 Designs Act 2000 deals with PIRACY OF REGISTERED DESIGN. Any person who:Section 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of LITERARY, MUSICAL woSection 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMME ADDITIONAL RIGHTS bSection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESIGNATING countries asSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owner. The Court tryinIn INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (Del)), the Delhi High Section 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. The proceedings may Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS of sound recordings.