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Questions and Answers
What is the primary function of the World Intellectual Property Organization (WIPO)?
What is the primary function of the World Intellectual Property Organization (WIPO)?
Which of the following is NOT a form of intellectual property mentioned?
Which of the following is NOT a form of intellectual property mentioned?
Which Act governs Functional & Technical Inventions in India?
Which Act governs Functional & Technical Inventions in India?
Which type of intellectual property is protected by copyright?
Which type of intellectual property is protected by copyright?
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Which of the following correctly defines a patent?
Which of the following correctly defines a patent?
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Where is the headquarters of WIPO located?
Where is the headquarters of WIPO located?
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Which form of intellectual property is described as including patents, trademarks, and trade secrets?
Which form of intellectual property is described as including patents, trademarks, and trade secrets?
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Which of the following amendments was made to the Copyright Act in India?
Which of the following amendments was made to the Copyright Act in India?
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What type of court can a suit for trademark infringement be filed in?
What type of court can a suit for trademark infringement be filed in?
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What is the potential imprisonment duration for copyright infringement under the copyright act?
What is the potential imprisonment duration for copyright infringement under the copyright act?
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Which of the following best describes 'innocent infringement'?
Which of the following best describes 'innocent infringement'?
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What is the maximum financial damage that was awarded to Adidas Saloman in their successful civil enforcement action?
What is the maximum financial damage that was awarded to Adidas Saloman in their successful civil enforcement action?
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Which of the following best reflects the stance of Steve Jobs on competition?
Which of the following best reflects the stance of Steve Jobs on competition?
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What is a requirement for a work to display copyright protection clearly?
What is a requirement for a work to display copyright protection clearly?
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What does the acronym Intellectual Property Rights refer to?
What does the acronym Intellectual Property Rights refer to?
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What is one major issue surrounding traditional knowledge and intellectual property rights?
What is one major issue surrounding traditional knowledge and intellectual property rights?
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Which of the following criteria must be met for an invention to be patentable?
Which of the following criteria must be met for an invention to be patentable?
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What is the standard term of a patent after filing an application?
What is the standard term of a patent after filing an application?
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What happens if the renewal fee for a patent is not paid within the prescribed period?
What happens if the renewal fee for a patent is not paid within the prescribed period?
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Which of the following statements about patent enforceability is true?
Which of the following statements about patent enforceability is true?
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Who holds the majority of patents in India?
Who holds the majority of patents in India?
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What is the filing fee for individuals applying for a patent in India?
What is the filing fee for individuals applying for a patent in India?
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Which act governs trademarks in India?
Which act governs trademarks in India?
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When did the Trade Marks Act come into effect?
When did the Trade Marks Act come into effect?
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What is the primary aim of the first protective paradigm regarding traditional knowledge?
What is the primary aim of the first protective paradigm regarding traditional knowledge?
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What is a potential issue arising from creating traditional knowledge databases?
What is a potential issue arising from creating traditional knowledge databases?
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Which term describes the protective approach that aims to provide legal rights over traditional knowledge?
Which term describes the protective approach that aims to provide legal rights over traditional knowledge?
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What concern is raised regarding granting perpetual rights to traditional knowledge in some countries?
What concern is raised regarding granting perpetual rights to traditional knowledge in some countries?
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Why do indigenous communities argue against using legal incentives to protect their traditional knowledge?
Why do indigenous communities argue against using legal incentives to protect their traditional knowledge?
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What do indigenous and local communities view as a misappropriation of their rights?
What do indigenous and local communities view as a misappropriation of their rights?
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How are the concerns of indigenous communities increasingly recognized on a global scale?
How are the concerns of indigenous communities increasingly recognized on a global scale?
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What does the misuse of traditional knowledge potentially violate in indigenous cultures?
What does the misuse of traditional knowledge potentially violate in indigenous cultures?
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What was the main controversy surrounding the patent granted to W.R. Grace?
What was the main controversy surrounding the patent granted to W.R. Grace?
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What was the outcome of the opposition proceedings against W.R. Grace's patent at the European Patent Office?
What was the outcome of the opposition proceedings against W.R. Grace's patent at the European Patent Office?
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Which tribe's traditional knowledge was utilized in developing the medicine 'JEEVANI'?
Which tribe's traditional knowledge was utilized in developing the medicine 'JEEVANI'?
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What is the active ingredient in 'JEEVANI' that was isolated by scientists?
What is the active ingredient in 'JEEVANI' that was isolated by scientists?
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Who were the inventors granted a patent for the use of turmeric in wound healing?
Who were the inventors granted a patent for the use of turmeric in wound healing?
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What requirements must a patent fulfill before it is granted?
What requirements must a patent fulfill before it is granted?
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What issue did the storage of azadirachtin highlight regarding the neem patent?
What issue did the storage of azadirachtin highlight regarding the neem patent?
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In what region of India is the plant Trichopus zeylanicus primarily found?
In what region of India is the plant Trichopus zeylanicus primarily found?
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Study Notes
World Intellectual Property Organization (WIPO)
- WIPO, established in 1967, is a specialized agency of the United Nations.
- It promotes the protection of intellectual property (IP) globally.
- Its headquarters are in Geneva, Switzerland.
Intellectual Property in India
- India's intellectual property rights framework is governed by a well-established statutory and judicial system.
- Intellectual property is categorized into two forms:
- Literary & Artistic Works: Protected by copyright.
- Industrial Property: Protected by patents, trademarks, industrial designs, trade secrets, layout-designs, and geographical indications.
Patented Objects
- The Patents Act of 1970 governs patents in India, amended in 1999 and 2005.
- For an invention to be patentable, it must be:
- New (Novel)
- Useful
- Not Obvious
- Pertains to patentable subject matter
- To get a patent, the invention must relate to a process, product or both, involve an inventive step, and be capable of industrial application.
- The patent's term is 20 years from the date of filing.
- The priority date is the first to file.
- Patent fees in India for individuals are Rs. 750/- and Rs. 3,000/- for legal entities.
- Renewal fees for years 3-20 are required to keep the patent in force.
- A patent granted in one country is not automatically enforceable in other countries.
- The Council of Scientific and Industrial Research holds 184 patents in India.
- No IT company in India holds a patent.
Trademarks
- Trademarks are governed by the Trade Marks Act, 1999, which came into effect on September 15, 2003.
- It replaced the Trade and Merchandise Marks Act, 1958.
- Trademark remedies include:
- Civil suits in District or High Court
- Punishment of 6 months to 3 years imprisonment
- Permanent bans on commercial activities
- Adidas Saloman AG successfully sued counterfeiters in the Delhi High Court, winning Rs. 15 lakhs in damages.
Copyright
- The Copyright Act of 1957 governs copyright in India.
- Remedies for Copyright Infringement:
- Civil suits in District or High Court
- Punishable with imprisonment up to 3 years and fines.
- "Innocent Infringement" occurs when the infringer was unaware of copyrighted material.
- To avoid infringement:
- Clearly display the copyright notice: © + name + year
- Use of the trademark symbols: ®, TM, SM
- Clearly mark patents.
Traditional Knowledge and Intellectual Property Rights
- Traditional knowledge faces challenges in the global IP system due to:
- Potential biopiracy and misuse
- Lack of equitable opportunities and benefits for knowledge holders.
- Two paradigms exist for protecting Traditional Knowledge:
- Preventative: Communities create databases of their knowledge to prevent others from claiming rights over it.
- Positive: Seeking to secure legal rights over traditional knowledge by using existing or creating new laws.
- The use of traditional knowledge databases often leads to concerns about public disclosure.
- Traditional communities often have their own customary laws for protecting knowledge that may differ from national or international IP laws.
- Many Indigenous and local communities argue that their cultural and spiritual traditions are behind their knowledge, not financial incentives.
- Misappropriation of traditional knowledge violates customary laws and cultural identity.
Traditional medicine and IP
- The Neem Case: W.R. Grace was granted a patent for a formulation of neem for its pest control properties. This raised concerns about misappropriation of traditional knowledge. Even though the patent covered only a limited invention, it attracted controversy.
- The ‘JEEVANI’ and ‘KANI’ Tribes: The Kani Tribe's traditional knowledge of the plant Trichopus zeylanicus was used by scientists to create a medicine called ‘JEEVANI’.
- The Turmeric Patent: A US patent was granted for the use of turmeric in wound healing, even though its traditional medicinal benefits are well-known.
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Description
Test your knowledge on the framework of intellectual property rights in India and understand the key aspects of the Patents Act as well as the role of WIPO. This quiz covers the various categories of intellectual property and the criteria for patentability. See how well you comprehend these crucial legal concepts!
