30 Questions
What is the principle that the BPA 2022 has generally incorporated, except in one case?
National Treatment principle
What is the purpose of Section 21(1)(d) of the BPA 2022?
To ensure the patented product is available in adequate quality and quantity or at a reasonable price
Who can file an opposition to a patent application under the BPA 2022?
Any interested person
On what grounds can a patent be revoked after it is granted?
If the patent is against public order, morality, public health and environment
What is the role of the Registrar in patent opposition proceedings?
To sit with both parties and let them make their case
What can be made to a patent after it is granted?
An application for cancellation
What is required by TRIPS in terms of disposal of infringing goods?
To dispose of goods outside the channels of commerce or destroy them
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
Why is a special court necessary for patent-related issues?
Because patent issues require expertise and are technical in nature
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
What is a limitation of the BPA 2022?
It does not provide the authority with the power to order the destruction of infringing goods
What is the purpose of empowering the authority to order the destruction of infringing goods?
To avoid harm to the right holder
What is the duration of protection for a mailbox patent in Brazil?
20 years from the filing date of the application
What is the reason India did not have any product patent regime for pharmaceuticals?
India was not obliged to install the mailbox
What did Bangladesh stop providing after introducing the mailbox patent?
Both product and process patents for pharmaceuticals
What did India do to introduce the mailbox patent?
Amended the patent law
Why did Bangladesh have no obligation to install the mailbox?
Bangladesh had an existing patent regime for pharmaceuticals
What is a concern about the executive order in Bangladesh?
It bypassed the Act and raised questions about its constitutional validity
What is the main principle of local working in a patent granting country?
Requiring the patented product to be produced locally
What is the distinction between non-working and local non-working clauses?
Non-working does not require local production while local non-working does
What is the purpose of the local working requirement in a patent granting country?
To promote local innovation and development
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
What is a consequence of not complying with the local working requirement?
The patent holder's rights may be revoked
In which country's law is the principle of local working explicitly stated?
Brazil
What is required of the patentee to justify importation instead of local manufacturing?
Evidence that it cannot be locally manufactured
What is the primary benefit of local working to the host country?
Employment creation and industrial capacity building
Which court affirmed the requirement of local working in a later decision?
Bombay High Court of India
What is the exception to the general rule of local working?
Working by import
What is the purpose of the requirement of local working in patent law?
To promote industrial development and job creation
Which section of the Patents Act, 1970, deals with the requirement of local working?
Section 84
This quiz assesses your understanding of Section 21(1)(d) of the BPA 2022, which deals with the availability of patented products in adequate quality and quantity. Test your knowledge of the act and its implications on local production and imports.
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