Plant Varieties Protection Act Section 1

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In which countries is the term 'prior art' synonymously used with 'state of the art' in national laws?

India and Brazil

What is the time limit for submitting a patent application to claim priority rights under the BPA 2022?

12 months

What is excluded when determining prior art in a patent application claiming priority rights?

Any disclosure made within 12 months prior to submission of the application

What is required to be produced by the Registrar for foreign applications under the BPA 2022?

A copy of the grant letter for the foreign application

What is the impact of the provisions on priority incorporated in the BPA 2022?

The territorial limit for priority rights has been removed

What is the international agreement that relates to the Bangladesh Patents Act, 2022?

TRIPS Agreement

When does the Plant Varieties Protection Act come into force?

On the date of notification in the official gazette

What is the definition of inventive step in the context of patent law?

An innovation that is beyond the existing knowledge and prior art

What is the definition of industrial applicability in the context of patent law?

An innovation that can be applied or used in industry

What is included in the definition of prior art?

Any invention that was publicly disclosed orally or in writing anywhere in the world

What exception is made to the definition of prior art?

If the innovator or his predecessors disclose the invention to the public within 12 months before submission

What is the time frame for which an innovator's disclosure of an invention is not considered prior art?

12 months before submission of a patent application

What was the outcome of Brazil's threat of compulsory licenses for HIV/AIDS drugs?

The price of the drugs was lowered

What is the purpose of compulsory licenses according to the text?

To ensure an adequate supply of medicine in the market

What is mentioned in section 36 of the BPA 2022?

The decision of the WTO General Council of 30 August 2003

Who wrote the article 'Are We There Yet?Taking “TRIPS” to Brazil and Expanding Access to HIV/AIDS Medication'?

Vera Zolotaryova

What is the relevance of the year 2003 in the context of compulsory licenses?

It is the year when the WTO General Council made a decision on compulsory licenses for exports

What is the main theme of the article 'Compulsory Licenses: The Dangers Behind the Current Practice'?

The dangers of compulsory licenses for the pharmaceutical industry

What is parallel import in the context of patents?

The process of importing a patented product from a foreign country where it is legally available at a reduced price.

Which section of the Bangladesh Patents Act, 2022, deals with the incorporation of the NT principle?

Section 37

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

To regulate the import of patented products into Bangladesh.

Which of the following court decisions dealt with the issue of parallel import in Bangladesh?

Writ Petition Nos. 8679 and 8885 of 2006

What is the equivalent provision in the Indian Patents Act, 1970, to section 21(1)(d) of the Bangladesh Patents Act, 2022?

Section 107A

What is the main concern of incorporating the NT principle in patent law?

To balance the rights of innovators with the needs of the public.

What is the condition for revoking a patent in Bangladesh after a compulsory licence is issued?

The patent holder does not pay adequate attention to the internal market demand of Bangladesh after 2 years.

What is the difference between India's and Bangladesh's patent revocation laws?

India allows revocation for local non-working, while Bangladesh allows revocation for non-working.

What is the consequence of not working a patented invention in the territory of India?

The patent holder may face revocation of the patent.

Who can apply for revocation of a patent in India?

Any third party can apply for revocation.

What is the time frame for revoking a patent in India after a compulsory licence is granted?

2 years from the grant of a compulsory licence.

What is the purpose of the provision for revocation of a patent in India?

To encourage patent holders to work the patent in the territory of India.

Test your understanding of Section 1 of the Plant Varieties Protection Act, which covers the act's implementation and definitions of key terms like inventive step and prior art. This quiz is perfect for law students, patent attorneys, and anyone interested in intellectual property law.

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