Patented Products under BPA 2022

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What is the principle that the BPA 2022 has generally incorporated, except in one case?

Public Order principle

Compulsory Licensing principle

National Treatment principle (correct)

Morality principle

What is the purpose of Section 21(1)(d) of the BPA 2022?

To promote local production over imports

To revoke patents that are against public order

To ensure the patented product is available in adequate quality and quantity or at a reasonable price (correct)

To discriminate between locally produced and imported goods

Who can file an opposition to a patent application under the BPA 2022?

Only the Registrar

Any interested person (correct)

Only the court

Only the patent owner

On what grounds can a patent be revoked after it is granted?

If the patent is against public order, morality, public health and environment Signup and view all the answers

What is the role of the Registrar in patent opposition proceedings?

To sit with both parties and let them make their case Signup and view all the answers

What can be made to a patent after it is granted?

An application for cancellation Signup and view all the answers

What is required by TRIPS in terms of disposal of infringing goods?

To dispose of goods outside the channels of commerce or destroy them Signup and view all the answers

What is the provision of the Intellectual Property Enforcement (Imports and Exports) Rules, 2019?

To order the destruction of goods proved to be infringing IP rights Signup and view all the answers

Why is a special court necessary for patent-related issues?

Because patent issues require expertise and are technical in nature Signup and view all the answers

What is the significance of the Intellectual Property Enforcement (Imports and Exports) Rules, 2019, in relation to TRIPS obligation?

It fulfills the TRIPS obligation of destroying infringing goods Signup and view all the answers

What is a limitation of the BPA 2022?

It does not provide the authority with the power to order the destruction of infringing goods Signup and view all the answers

What is the purpose of empowering the authority to order the destruction of infringing goods?

To avoid harm to the right holder Signup and view all the answers

What is the duration of protection for a mailbox patent in Brazil?

20 years from the filing date of the application Signup and view all the answers

What is the reason India did not have any product patent regime for pharmaceuticals?

India was not obliged to install the mailbox Signup and view all the answers

What did Bangladesh stop providing after introducing the mailbox patent?

Both product and process patents for pharmaceuticals Signup and view all the answers

What did India do to introduce the mailbox patent?

Amended the patent law Signup and view all the answers

Why did Bangladesh have no obligation to install the mailbox?

Bangladesh had an existing patent regime for pharmaceuticals Signup and view all the answers

What is a concern about the executive order in Bangladesh?

It bypassed the Act and raised questions about its constitutional validity Signup and view all the answers

What is the main principle of local working in a patent granting country?

Requiring the patented product to be produced locally Signup and view all the answers

What is the distinction between non-working and local non-working clauses?

Non-working does not require local production while local non-working does Signup and view all the answers

What is the purpose of the local working requirement in a patent granting country?

To promote local innovation and development Signup and view all the answers

What is an example of a situation where a local working requirement might be applied?

A foreign drug company producing patented drugs within the country Signup and view all the answers

What is a consequence of not complying with the local working requirement?

The patent holder's rights may be revoked Signup and view all the answers

In which country's law is the principle of local working explicitly stated?

Brazil Signup and view all the answers

What is required of the patentee to justify importation instead of local manufacturing?

Evidence that it cannot be locally manufactured Signup and view all the answers

What is the primary benefit of local working to the host country?

Employment creation and industrial capacity building Signup and view all the answers

Which court affirmed the requirement of local working in a later decision?

Bombay High Court of India Signup and view all the answers

What is the exception to the general rule of local working?

Working by import Signup and view all the answers

What is the purpose of the requirement of local working in patent law?

To promote industrial development and job creation Signup and view all the answers

Which section of the Patents Act, 1970, deals with the requirement of local working?

Section 84 Signup and view all the answers