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Introductory Workshop on IP Laws – Test

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1Which of the following is not a kind of work protected by the copyright regime in India?
1. Aa software
2. Ba brand-name
3. Cnotes in a symphony
4. Da work of architecture
2Which of these rights is not accorded protection by The Copyright Act, 1957?
1. Atranslation rights
2. Bpaternity rights
3. Cintegrity rights
4. Dpurchasing rights
3Which of these is a condition required to be satisfied by a work in order to be copyrightable in India?
1. Ausefulness
2. Boriginality
3. Cliterary worth
4. Dprofitability
4As per The Copyright Act, 1957, a copyright cannot subsist in any work which is registered under –
1. AThe Patents Act, 1970
2. BThe Designs Act, 2000
3. CThe Trade Marks Act, 1999
4. DDifferent IPRs cannot co-exist for the same subject-matter in India
5What is the duration of copyright protection in the Indian system?
1. ALifetime of the author + 20 years
2. B20 years
3. CLifetime of the author + 60 years
4. D60 years
6Which of the following can be copyrighted under the Indian copyright regime?
1. Athe plot of a sitcom
2. Bthe tagline of a soft drink brand
3. Ca project submitted by a student to the University as part of her curriculum
4. Dthe personality of a character in a novel
7Which of the following does not qualify as a ‘fair use’ of the copyrighted work as per Section 52 of The Copyright Act, 1957?
1. Areproduction in a magazine of an article on a current political topic whose author has author has expressly reserved the right of reproduction to himself
2. Bthe performance of a dramatic work by an amateur club for the benefit of a religious institution
3. Ccausing a sound recording to be played in public for the non-profitable activities of a club
4. Dnone of these
8Which of the following categories of work does not require any fulfilment of the requirement of ‘originality’ to be copyrightable as per The Copyright Act, 1957?
1. Aartistic work
2. Bdramatic work
3. Ccinematograph films
4. Dmusical work
9From your understanding of the idea-expression dichotomy, tell us which of the following components of a computer program would not be protected by copyright?
1. Abuilt-in graphics
2. Bdatabases contained within the program, if any
3. Cdocumentary material embedded in the program
4. Dfunctionality of the program
10Does The Copyright Act, 1957 prescribe any remedy for the author who has already wholly assigned his copyright in a work if that work is hence mutilated?
1. AVerdadeiro
2. BFalso

11Which of the following qualifies as a non-patentable subject-matter in India?
1. Ainventions relating to atomic energy
2. Bmethods of agriculture or horticulture
3. Cmere scheme or rule or method of playing games
4. Dall of these
12Which of the following constitutes one of the ingredients of “invention” as per The Patents Act, 1970?
1. Aliterary advancement
2. Bfurtherance of public interest
3. Cindustrial application
4. Dboth (b) and (c)
13Which of these is not a condition required to be satisfied by an invention in order to be patentable?
1. Anovelty
2. Bnon-obviousness
3. Cprofitability
4. Dusefulness
14Which of the following has not been expressly categorised as non-patentable by The Patents Act, 1970?
1. Amathematical or business method or a computer program per se algorithms
2. Bany process for medicinal or surgical treatment of human beings to render them free of disease
3. Cany process of manufacturing of any pharmaceutical products for human beings
4. Da literary, dramatic, musical or artistic work including cinematographic works and television productions
15What is the duration of a patent in the Indian system?
1. A60 years
2. B10 years
3. C25 years
4. D20 years
16Which of the following was the period of ‘mailbox applications’ in the Indian patent regime?
1. A1911 – 1970
2. B1970 – 1995
3. C1995 – 2005
4. D2005 – 2012
17The patent system tries to balance incentivisation with which of the following?
1. AGDP of the nation
2. Bpublic interest
3. Csubsequent economic advancement of the subject
4. Dnone of these
18Which of these qualifies as an advantage of a patent over a trade secret?
1. Ano requirement of disclosure of information relevant to product or process
2. Bonce the information relevant to product or process is leaked, anyone may exploit it
3. Clonger duration of IPR protection
4. Dno registration costs
19According to the semantics used in The Patents Act, 1970, a patent protects –
1. Aan idea
2. Ban expression
3. Can invention
4. Da discovery (of naturally-occurring substances)
20Does The Patents Act, 1970 contain any provision to facilitate access to medicines that are protected by a patent?
1. AVerdadeiro
2. BFalso
21How long does trademark protection last in India?
1. A20 years
2. B60 years
3. CPerpetuity
4. D10 years and renewal upon expiration
22What must a plaintiff prove in a successful trademark infringement case?
1. ADefendant infringed plaintiff’s mark
2. BDefendant used the mark in an unauthorized manner
3. CThe use of the mark is likely to cause confusion or deception of the public as to the origin
4. DAll of the above
23Trademark law protects:
1. AWords, symbols, devices that differentiate goods or services from one another
2. BOnly brand names
3. CNames of specific people and process
4. DInvention that feature some sort of utility function
24Within India, a trademark may be claimed by:
1. AThe person who uses a trademark through the ™ symbol
2. BThe person who first registers a trademark with the Trademark Office
3. CThe person who first uses a trademark
4. DNone of the above
25In trademark, words:
1. ACan be trademarked
2. BCannot be trademarked for exclusive use
3. CCan be used only for advertisement
4. DNone of the above
26St. Ives Laboratories produces beauty products under the mark, “St. Ives”. Another cosmetic company starts to produce similar products with the mark, “Mt. Ives” attached to it. As a judge, what should be the outcome of this dispute?
1. AIt should be allowed since the first words of the marks are distinctly different
2. BIt should be disallowed due to the phonetic and conceptual similarity between the two marks
3. CIt should be allowed because the consumer may be able to spot the difference
4. DNone of the above
27Roogle’s domain name is www.roogle.com. If a person, who is not connected in any way to Roogle attempts to register the domain name roogleindia.com, should it be allowed?
1. AYes, because it may cater to a different set of internet users
2. BNo, because Roogle is not an Indian company
3. CYes, because the internet is a free world
4. DNo, because there is a clear intention to deceive
28Comparative advertising should be completely banned as it may violate trade mark law
1. ADisagree. Each case should be decided based on its individual fact situation
2. BAgree, because it is unethical
3. CAgree. The mud slinging is ugly and makes for bad television
4. DDisagree. The disparaging remarks leads to higher competition between similar products thereby leading to competitive pricing
29Can lyrics be protected under trade mark law?
1. ANo. That should not be allowed.
2. BYes. Taylor Swift did it with the phrase “this sick beat”
3. CNo. It will open the floodgates
4. DNo. They already receive protection under the copyright law
30The name and a photograph of Shah Rukh Khan was featured in a full-page magazine advertisement for Glen Gàidhlig, a brand of scotch whisky. The ad claims that Shah Rukh Khan drinks Glen Gàidhlig scotch regularly. And, in fact, he does. Which of the following intellectual-property regimes offers the best prospects for a cause of action brought by Shah Rukh Khan against Glen Gàidhlig?
1. Acopyright
2. Bpatent
3. Ctrademark
4. Dright of publicity
31Which of the following would not come under the definition of industrial design?
1. ASketch of a new garment by a fashion designer
2. BExhaust Pipes of cars based on a specific model
3. CSpecial buttons for a specific line of designer wear
4. DPosters made for sale in a chain of pop culture stores
32Which of the following is not an objective to protect Industrial Designs?
1. ATo prevent imitation and passing off
2. BTo maintain and promote industrial development and competition among similar products
3. CTo prevent multiple the making of copies of the product
4. DTo obtain return on investment made on R&D of aesthetic features of an article
33Which among the following is an essential for registering an industrial design
1. AOriginality of idea
2. BDesign can be similar to another design from the same author, as long as there is a small perceptible difference in the two
3. CNovelty
4. DBoth a and c
34The Central Government constituted the India Design Council (IDC) under the:
1. AMCA
2. BDIPP
3. CFIPB
4. DIRDA
35Protection under the Designs Act is given for a duration of
1. A10 years from the date of registration extendable for another term of 5 years
2. B15 years from the date of registration extendable for another term of 7 years
3. C10 years from the date of registration extendable for another term of 10 years
4. D20 years from the date of registration extendable for another term of 5 years
36Traditional knowledge is owned by:
1. Aindividuals
2. Bcommunities
3. Ceither individuals or communities
4. Downership cannot be determined since the knowledge is in public domain
37At present, how is traditional knowledge protected in India?
1. Aunder copyright law
2. Bas trade secrets
3. Cunder patent law
4. Das any of the above mentioned categories
38The Traditional Knowledge Digital Library (TKDL) has largely succeeded in its objective of protecting the ancient and traditional knowledge of the country from exploitation by:
1. Aensuring that the “owner” of the knowledge is accorded a share of profit in any enterprise which makes use of the said traditional knowledge.
2. Bby making the knowledge public, and therefore prior art; prohibiting third parties world-over, from registering traditionally held Indian knowledge as patents.
3. Cby charging a prohibitive fee for access.
4. Dnone of the above
39TKDL is an instance of
1. Apositive protection
2. Bdefensive protection
3. Cboth
4. Dneither
40Which of the following statements about traditional knowledge is true?
1. AIndia has a sui generis protection for traditional knowledge in the form of the TKDL
2. BThe understanding of traditional knowledge in India is limited to medicinal wisdom, such as the benefits of neem and turmeric
3. CIndia has signed and ratified the Convention on Biological Diversity
4. DGenetic resources are not part of traditional knowledge

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Autor: iptls
Idioma: English
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Introductory Workshop on IP Laws – Test

Perguntas do quiz (40)

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