Patented Products under BPA 2022

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Questions and Answers

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?

<p>If the patent is against public order, morality, public health and environment (C)</p> Signup and view all the answers

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

<p>To sit with both parties and let them make their case (B)</p> Signup and view all the answers

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

<p>An application for cancellation (B)</p> Signup and view all the answers

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

<p>To dispose of goods outside the channels of commerce or destroy them (B)</p> Signup and view all the answers

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

<p>To order the destruction of goods proved to be infringing IP rights (A)</p> Signup and view all the answers

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

<p>Because patent issues require expertise and are technical in nature (A)</p> 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?

<p>It fulfills the TRIPS obligation of destroying infringing goods (B)</p> Signup and view all the answers

What is a limitation of the BPA 2022?

<p>It does not provide the authority with the power to order the destruction of infringing goods (A)</p> Signup and view all the answers

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

<p>To avoid harm to the right holder (A)</p> Signup and view all the answers

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

<p>20 years from the filing date of the application (A)</p> Signup and view all the answers

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

<p>India was not obliged to install the mailbox (C)</p> Signup and view all the answers

What did Bangladesh stop providing after introducing the mailbox patent?

<p>Both product and process patents for pharmaceuticals (A)</p> Signup and view all the answers

What did India do to introduce the mailbox patent?

<p>Amended the patent law (A)</p> Signup and view all the answers

Why did Bangladesh have no obligation to install the mailbox?

<p>Bangladesh had an existing patent regime for pharmaceuticals (A)</p> Signup and view all the answers

What is a concern about the executive order in Bangladesh?

<p>It bypassed the Act and raised questions about its constitutional validity (D)</p> Signup and view all the answers

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

<p>Requiring the patented product to be produced locally (B)</p> Signup and view all the answers

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

<p>Non-working does not require local production while local non-working does (A)</p> Signup and view all the answers

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

<p>To promote local innovation and development (B)</p> Signup and view all the answers

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

<p>A foreign drug company producing patented drugs within the country (A)</p> Signup and view all the answers

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

<p>The patent holder's rights may be revoked (D)</p> Signup and view all the answers

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

<p>Brazil (A)</p> Signup and view all the answers

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

<p>Evidence that it cannot be locally manufactured (B)</p> Signup and view all the answers

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

<p>Employment creation and industrial capacity building (A)</p> Signup and view all the answers

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

<p>Bombay High Court of India (D)</p> Signup and view all the answers

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

<p>Working by import (D)</p> Signup and view all the answers

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

<p>To promote industrial development and job creation (B)</p> Signup and view all the answers

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

<p>Section 84 (D)</p> Signup and view all the answers

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