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Questions and Answers
What is a primary objective of an IPR policy related to public awareness?
What is a primary objective of an IPR policy related to public awareness?
Which of the following is NOT an objective of the IPR policy?
Which of the following is NOT an objective of the IPR policy?
How will the new IPR policy benefit trademark registration by 2017?
How will the new IPR policy benefit trademark registration by 2017?
What is a significant challenge faced by India in relation to IPR policies?
What is a significant challenge faced by India in relation to IPR policies?
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Which of the following best describes the relationship the new IPR policy aims to balance?
Which of the following best describes the relationship the new IPR policy aims to balance?
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What distinguishes generic drugs from brand name drugs?
What distinguishes generic drugs from brand name drugs?
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What is a compulsory license?
What is a compulsory license?
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Under what condition can a patent holder decline to license their intellectual property?
Under what condition can a patent holder decline to license their intellectual property?
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Why might some people mistakenly believe that compulsory licensing is only applicable during emergencies?
Why might some people mistakenly believe that compulsory licensing is only applicable during emergencies?
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What confirms that countries can determine grounds for granting compulsory licenses?
What confirms that countries can determine grounds for granting compulsory licenses?
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What significant event occurred in March 2012 concerning compulsory licensing in India?
What significant event occurred in March 2012 concerning compulsory licensing in India?
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What are brand name drugs subject to that generic drugs are not?
What are brand name drugs subject to that generic drugs are not?
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What is required for an individual or company to use another's intellectual property under a compulsory license?
What is required for an individual or company to use another's intellectual property under a compulsory license?
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What is one of the primary purposes of the new policy regarding intellectual property in India?
What is one of the primary purposes of the new policy regarding intellectual property in India?
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Which areas does the policy primarily aim to enhance access to?
Which areas does the policy primarily aim to enhance access to?
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What was a significant change in copyright under the new regime?
What was a significant change in copyright under the new regime?
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What will be streamlined according to the policy?
What will be streamlined according to the policy?
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What is India’s stance on changing its patent laws according to the policy?
What is India’s stance on changing its patent laws according to the policy?
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What does Section 3(d) of the Patents Act relate to?
What does Section 3(d) of the Patents Act relate to?
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What is a requirement that any patent must fulfill before being granted?
What is a requirement that any patent must fulfill before being granted?
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What does the new policy aim to incorporate into the Indian context?
What does the new policy aim to incorporate into the Indian context?
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What is the primary active ingredient in the medicine known as ‘Jeevan’?
What is the primary active ingredient in the medicine known as ‘Jeevan’?
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Who was involved in the discovery and development of the medicine ‘Jeevan’?
Who was involved in the discovery and development of the medicine ‘Jeevan’?
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What does TBGRI stand for?
What does TBGRI stand for?
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In what year did scientists from TBGRI first learn about Trichopus zeylanicus?
In what year did scientists from TBGRI first learn about Trichopus zeylanicus?
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What is the licensing agreement arrangement between TBGRI and the Kani tribe?
What is the licensing agreement arrangement between TBGRI and the Kani tribe?
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What initiative has the Indian Government taken to document traditional medicine?
What initiative has the Indian Government taken to document traditional medicine?
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What is the purpose of linking TKDL to the International Patent Classification (IPC) System?
What is the purpose of linking TKDL to the International Patent Classification (IPC) System?
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What is a key aim of developing a Traditional Knowledge Resource Classification (TKRC)?
What is a key aim of developing a Traditional Knowledge Resource Classification (TKRC)?
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What was the main reason for the challenge against the Plant Patent No. 5,751?
What was the main reason for the challenge against the Plant Patent No. 5,751?
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Who issued the challenge to the Plant Patent No. 5,751?
Who issued the challenge to the Plant Patent No. 5,751?
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Which feature of the supposed variety of B.caapi was highlighted in the patent?
Which feature of the supposed variety of B.caapi was highlighted in the patent?
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What action did the USPTO take regarding the patent on 3 November 1999?
What action did the USPTO take regarding the patent on 3 November 1999?
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What ongoing issue is associated with patents based on indigenous knowledge?
What ongoing issue is associated with patents based on indigenous knowledge?
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How many patents on Neem-based materials have US corporations taken out since the mid-1980s?
How many patents on Neem-based materials have US corporations taken out since the mid-1980s?
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What was the response from the Council of Scientific and Industrial Research (CSIR) regarding the patent for Neem oil?
What was the response from the Council of Scientific and Industrial Research (CSIR) regarding the patent for Neem oil?
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What distinguishes traditional knowledge-based patents from those granted based on modern research?
What distinguishes traditional knowledge-based patents from those granted based on modern research?
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What was the significance of the turmeric patent case in relation to traditional knowledge?
What was the significance of the turmeric patent case in relation to traditional knowledge?
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Which organization is responsible for revoking the turmeric patent?
Which organization is responsible for revoking the turmeric patent?
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What role did the Council of Scientific and Industrial Research (CSIR) play in the turmeric patent case?
What role did the Council of Scientific and Industrial Research (CSIR) play in the turmeric patent case?
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What traditional use did the plant Baniste-riopsis caapi have among indigenous tribes of the Amazon?
What traditional use did the plant Baniste-riopsis caapi have among indigenous tribes of the Amazon?
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What does the term 'biopiracy' refer to in the context of traditional knowledge?
What does the term 'biopiracy' refer to in the context of traditional knowledge?
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What initiative was prepared by WIPO at a conference regarding traditional medicines?
What initiative was prepared by WIPO at a conference regarding traditional medicines?
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What document indicated the existence of prior art that invalidated the turmeric patent?
What document indicated the existence of prior art that invalidated the turmeric patent?
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Who were the patentees involved in the turmeric patent controversy?
Who were the patentees involved in the turmeric patent controversy?
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Study Notes
Intellectual Property Rights (IPR)
- IPRs are legal rights arising from intellectual inventions, innovations, and discoveries in various fields (industrial, scientific, literary, and artistic).
- These rights allow individuals or groups to claim ownership of their creative work (moral and economic rights).
Types of IPRs
- Patent: Exclusive rights granted by a state to an inventor for a limited time, requiring public disclosure of the invention.
- Copyright: Legal right granting the creator of original works (literary, artistic, etc.) exclusive use and distribution rights.
- Trademark: Distinctive signs (symbols, designs) identifying products or services, differentiating them from others. Service marks are trademarks for services.
- Industrial Design Right: Intellectual property right protecting the visual design of objects (non-utilitarian). This may be a shape, configuration, pattern, or color combination for 2D or 3D objects.
- Trade Secret: Confidential information (formula, process, design, etc.) providing a business with a competitive advantage over others. This information isn't widely known or easily obtained by competitors or customers.
- Geographical Indication (GI): A unique name or symbol linked to a specific geographical location (town, region, or country) used to certify the product's origins, quality, or reputation. (Example: Basmati rice).
IPRs in the Pharmaceutical Sector
- Generic vs. Brand Name Drugs: Generic drugs are produced after a patent expires or doesn't exist while brand name drugs require permission from and payment of royalties to the patent holder.
- Compulsory Licensing: Allows a company or individual to use a patented invention or copyrighted work against the usual request of the patent or copyright holder for a fee, commonly used in cases of necessities or emergencies.
- TRIPS (Trade-Related Aspects of Intellectual Property Rights): International agreement administrated by the WTO establishing minimum intellectual property regulations standards for WTO members.
Additional Issues
- Novartis v. Union of India & Others: Landmark Supreme Court decision (1998) upholding the rejection of a patent application for Glivec by Novartis because the claimed changes did not meet the standards for enhanced therapeutic efficacy.
- Patenting of Traditional Knowledge: Examples include patents issued on Turmeric use by US inventors and challenged by Indian Institutions, cases where traditional knowledge practices and medicinal plants did not meet patent criteria and were revoked. This led to concern for biopiracy and protection of indigenous knowledge/research.
- Traditional Knowledge Digital Library (TKDL): Important databases are needed to document, classify, and protect traditional knowledge (biodiversity, bio-information, and creativity) .
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Description
Explore the various types of Intellectual Property Rights (IPRs) such as patents, copyrights, trademarks, and industrial design rights. This quiz will help you understand the significance and legal implications of these rights in protecting creative works. Test your knowledge on how these rights operate in different fields.
