Industrial Design Rights Quiz
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Questions and Answers

What is the definition of an industrial design according to the Industrial Property Act 2001 in Kenya?

  • Any form of art or craft that is associated with industrial production
  • A composition of lines or colors that can be used to create patterns for industrial products
  • Any form of art or craft that has been disclosed to the public
  • A combination of lines, colors, or three-dimensional forms that gives a unique appearance to a product of industry or handicraft (correct)

    • Under what condition is an industrial design registrable according to the Industrial Property Act 2001 in Kenya?

  • If it is new and has not been disclosed to the public anywhere in the world prior to the filing date (correct)
  • If it has been patented in multiple countries simultaneously
  • If it has been disclosed to the public in tangible form
  • If it has been widely distributed and used in different countries

    • What constitutes a design to be deemed 'new' under the Industrial Property Act 2001 in Kenya?

  • It has been widely promoted through various marketing channels
  • It has not been disclosed to the public by publication in tangible form or by use in Kenya prior to the filing date (correct)
  • It has been displayed at international exhibitions
  • It has been featured in industry-related magazines

    • When is a disclosure of an industrial design not taken into consideration under the Industrial Property Act 2001 in Kenya?

    <p>If it occurred not earlier than twelve months before the filing date</p> Signup and view all the answers

    What is required for an industrial design to be registrable under the Industrial Property Act 2001 in Kenya?

    <p>The design must give a special appearance to a product of industry or handicraft</p> Signup and view all the answers

    What is the objective of the Foreign Exchange Management Act, 1999 (FEMA)?

    <p>To facilitate external trade and payments</p> Signup and view all the answers

    How does FEMA differ from the Foreign Exchange Regulation Act (FERA) in terms of presumption of guilt?

    <p>FERA presumed guilt unless proven innocent, while FEMA presumes innocence unless proven guilty</p> Signup and view all the answers

    What did the Foreign Exchange Management Act, 1999 (FEMA) replace?

    <p>Foreign Exchange Regulation Act (FERA)</p> Signup and view all the answers

    What was the tenor and tone of the Foreign Exchange Regulation Act (FERA) before it was replaced by FEMA?

    <p>Very drastic and restrictive</p> Signup and view all the answers

    What did the passing of the Foreign Exchange Management Act, 1999 (FEMA) enable?

    <p>Consistent foreign exchange management regime with the World Trade Organization framework</p> Signup and view all the answers

    What was the main objective of the Foreign Exchange Management Act, 1999 (FEMA)?

    <p>To facilitate external trade and payments</p> Signup and view all the answers

    What did the passing of the Foreign Exchange Management Act, 1999 (FEMA) enable?

    <p>Consolidation and amendment of foreign exchange law</p> Signup and view all the answers

    Under which Act was everything prohibited unless specifically permitted?

    <p>Foreign Exchange Regulation Act (FERA)</p> Signup and view all the answers

    What did the Foreign Exchange Management Act, 1999 (FEMA) replace?

    <p>Foreign Exchange Regulation Act (FERA)</p> Signup and view all the answers

    What was the presumption of guilt under the Foreign Exchange Regulation Act (FERA)?

    <p>Presumed guilty unless proven innocent</p> Signup and view all the answers

    Study Notes

    Industrial Design Rights

    • An industrial design right is an intellectual property right that protects the visual design of objects with a purely utilitarian purpose.
    • An industrial design consists of a shape, configuration, or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.

    Definition of Industrial Design

    • Industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity, or handicraft.

    International Registration of Industrial Designs

    • The Hague Agreement Concerning the International Deposit of Industrial Designs provides a procedure for international registration of industrial designs.
    • To qualify for registration, the design must be novel, as required by the national laws of most WIPO member states.
    • An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty.
    • The design will then be protected in as many member countries of the treaty as desired.

    History of Design Rights

    • Design rights originated in the United Kingdom in 1787 with the Designing and Printing of Linen Act.
    • Design rights have expanded globally since then.

    Registration of Industrial Design Rights

    • Registering for an industrial design right is related to granting a patent.

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    Description

    Test your knowledge about industrial design rights, which protect the visual design of utilitarian objects. This quiz covers the characteristics, scope, and significance of industrial design rights, including their application under international agreements.

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