IPR MCQ

March 28, 2018 | Author: abhishek046 | Category: Glossary Of Patent Law Terms, Patent, Assignment (Law), Patent Application, Trademark


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CHOOSE THE CORRECT ANSWER: (COPYRIGHT) 1. The first owner of the question paper of an examination is _________. a. Examiner c. COE b. Principal d. Paper setter 2. The first owner of the plan of the building is _______. a. Client c. Architect b. Labour d. owner of the building 3. The owner of the sound recording is ________. a. Composer c. director b. Producer d. artist 4. The term of the copyright in anonymous and pseudonymous is ___________. a. 60 years c. 5 years b. 50 years d. 10 years 5. In case of posthumous publication, the term will be for ______ years. a. 60 years c. 5 years b. 50 years d. 10 years 6. The Chairman or any other member of the Copyright Board may resign his office by giving _______ notice in writing to the Central Government. a. 2 months c. 6 months b. 3 months d. 1 month 7. _________ shall be the Secretary of the Copyright Board to perform the function as prescribed. a. Registrar c. Chairman b. Vice chairman d. Central Government 8. The copyright board shall be deemed to be a __________. a. Supreme Court c. Civil Court b. High Court d. Criminal Court 9. A register to be called the ______________ containing a copy of every Agreement entered into by copyright society with the owners for the purpose. a. Register of Agreement c. register of contract b. Register of sale deeds d. register of fees 10. If the term of the years of the assignment is not mentioned then it is assigned for _________ years under the copyright Act. a. 3 years c. 2 years b. 5 years d. 6 months 11. If the assignee shall not exercise the right within _______ year, then it shall be considered as lapsed. a. 3 years c. 2 years b. 5 years d. 1 year 12. If the territorial limit is not mentioned in the agreement, then it will be extended to ____. a. Whole of India c. whole world b. Only to particular State d. only to particular District 13. ____________ was the first copyright Act in England was passed in 17th century. a. Statute of Anne c. Copyright Act-1911 b. Copyright Act-1814 d. Copyright Act-1914 14. In India first Copyright Act was passed in ________. a. 1914 c. 1709 b. 1911 d.1842 c. 15. Section ______ defines copyright under copyright Act-1957. a. 15 c. 14 b. 12 d. 3 16. The work of copyright which subsist in literary work is ___________. a. tables c. computer programmes b. Novel d. all the above 17. The work of copyright which subsist in musical work is ___________. a. Music and its graphical notation c. lyrics b. Songs d. Performance by Actors 18. The work of copyright which subsist in artistic work is ___________. a. A work of architecture c. sculpture b. Map d. all the above 19. The first owner of the computer programme is __________. a. Author c. proprietor b. Creator d. designer of software 20. The first owner of the cinematograph film is __________. a. Producer c. actors b. Composer d. director 21. The first owner of the artist work is _________. a. Planner c. painter b. Artist d. architect 22. ___________ will be the first owner of the work made on behalf of a public undertaking. a. Public undertaking c. organization b. Private person d. government 23. The moral right is recognized as __________ under section 57 of Copyright (Amendment) Act-1994. a. Author special rights c. negative right. b. Neighboring right d. statutory right 24. The term of the copyright in government work or public undertaking is __________. a. 60 years c. 5 years b. 50 years d. 10 years 25. The people who are entitled to apply for the registration of the copyright are _________. a. Author & artist c. assignee and licencee b. Composer & producer d. all the above 26. A copyright is a kind of ___________ property. a. Movable property c. personal property. b. Immovable property d. personal and movable property 27. The copyright will pass on to his personal representative as part of estate if such person dies___________. a. Intestate (without making will). b. Testamentary disposition(through will) c. Through assignment. d. By operation of law. 28. The assignment of copyright is valid only when it is in __________ signed by the assignor or by his agent. a. Oral c. deeds b. Writing d. contract 29. When owner of the copyright become ____________the copyright will vest in official receiver and it will pass to the trustee of the bankrupt estate as asset for distribution among creditors. a. Insolvent c. criminal b. Unsound mind d. bankrupt 30. Compulsory licence for the unpublished shall be granted by the registrar only when the author is ____________. a. Dead c. not found b. Unknown d. all the above 31. When the compulsory licence is granted by the board for the unpublished word, then the licencee has to deposit the amount fees or royalty in ___________. a. Copyright office c. RBI. b. To the government d. public account 32. If any translation of the literary and dramatic work is required for teaching and research purpose, then any person can apply for licence after________ years. a. 3 years c. 2 years b. 5 years d. 1 year 33. Any person interested can apply to the board for a licence to produce and publish the translation of the literary and dramatic work after a period of___________ from first publication. a. 3 years c. 2 years b. 5 years d. 7 year 34. The copyright society means a society registered under___________. a. Section -33(3) c. section 33(2) b. Section 33(1) d. section 33(4) 62 years c. state government. 2 years b. 58 years d. a. The account of each copyright society as certified by the ___________ together with the audit report should be sent annually to the central government. Comptroller & Auditor General c. a. examiner 37. a. The registration granted to a copyright society shall be for a period of __________ years a. 60 years 41. 39. Administrator c. a.35. a. state government b. 80 years b. The chairman of the copyright shall hold the office for a period of 5 years or the attainment of the age of _______. 38. supreme court. Auditor d. 10 years d. comptroller b. 5 years c. a. High court d. 65 years b. __________ has the powers to administer the copyright society. 1 year 36. The other member of the board shall hold the office for a period of 5 years or till the age of ______ years. Central government d. 3 years d. 2 years b. 60 years . registrar b. The chairman and other members of the copyright board shall be appointed by________. 58 years d. Central government c. 65 years c. 1 year 40. The chairman and others members of the copyright board shall hold the office for a period of ___________. 5 years c. 5 c. 10 d. The number of days given for public to raise any objection regarding the documents submitted for copyright registration are a. An appeal against the decision of the copyright board other than that against the order of the registrar within 3 months lies to the _________. a. The special bench of the copyright board shall consist of _________ members. 15 d. Only 5 members 45. 2 b. 5 43. vice chairman and other members d. Supreme court b. 60 years b. 20 days d. a. 50 years d. District court c. 16 47. 18 days c. 20 44. 20 years 48.42. 30 days . a. 21 days b. 12 b. 14 c. a. 10 b. a. 40 years c. High court d. The copyright board shall exercise and discharge its powers and function through benches and each bench shall consist of not less than ___________ members. Chairman and other 2 members b. The central government shall appoint the copyright board member consist of _______. 10 d. tribunals 46. The term of copyright for government work is _________. Chairman. The copyright board shall consist of a minimum two members and maximum of __________members. a. Vice chairman and other 10 members c. 3 c. both of them 50. The copies are sent to the citizen of India residing outside India. a. a. artistic work b. 3 years d. The copies are not available in India d. Chennai c. Kolkata b. b. This of the following is not a subject matter of copyright. An idea d. Civil suit c. Secretary d. New Delhi 52. criminal suit b.49. The licencee can’t export the copyright which is translated unless_____. 2 years b. 60 years c. None of the above 55. The registrar of the copyright act as __________ of the copyright board. None of them d. Mumbai d. treasure b. The copyright office is located at__________. a. The broadcasting organizations like TV. 1 year . 5 years c. Chairman c. a. 25 years 54. The copies are not put for sale in India c. Musical works c. none of the above 51. 50 years d. a. The infringement of copyright attracts a. If the translation of the literary work is in a language not in general use in developed countries such application may be made after a period of _____________. sound recording 53. a. 15 years b. Radio have a term of copyright for ________. Both a and b 57. Standard Dictionary d. a. 10 lakhs d. Oxford dictionary c. 1 crore 60.56. 50000 to 2 lakhs c. Black’s Law Dictionary b. 1 years to 10 years c. according to ___________ in 1586. If it is not for sale in India for more than 6 months c. a. Music played in factories d. 1 month to 5 months 59. The infringer of the copyright shall be punishable with fine which may extend up to __________. The act that does not amount to an infringement in musical work is _________ a. The infringer of the copyright shall be punishable with imprisonment which may extend up to __________. All bars of the musical note are used b. Indian Dictionary . Remix version of popular music 58. 2 lakhs to 3 lakhs b. 6months to 3 years d. a. The licence can be obtained by a person to reproduce and publish the work only when __. Public performance c. Owner is not publishing the new edition b. 10 months to 5 years b. If it is used for research or teaching purpose d. a. The word Copyright is derived from the expression “Copier of words” first used in the contest. a.61. a. 1423 c. Composer d. The Copyright is ___________ that is prohibitory in nature. Song d. 1485 d. Economic Right 62. In Literary or Dramatic work _________ is the first owner of the work. The creation of the work d. a. Labour b. Work d. Labour and Skill b. Performance b. Design Act 67. All the above 64. The __________ of 1957 adopted many principles and provision contained in UKAct-1956. Copyright Act c. Statutory . Acting c. Artist b. The work does not subsists in musical work are __________. a. Negative Right d. Form c. a. Saturator Right b. Producer c. 1492 66. Patent Act. All the above 63. Single c. Author 65. The Copyright is not a __________ right but bundle of rights. 1468 b.The word Copy was used to connote a manuscript or other matter prepared for printing in ___________ AD a. The Copy right is protected in __________ but not in an idea. Trademark Act d. a. Moral Right c. b. The work does not subsists in literary work is __________. In Musical work _________ is the first owner of the work. Question paper b. 14 yr . Dictionary c.68. a. If any applicant make false entries in the register of copyright etc for reproducing or tendering false entries is imprisonment for a period of ____________. 3 yrs c. 69. Artist b. a. 3-7 yrs d. a. 1 year 71. 50000-2 lac b. If any person knowingly uses of infringing copies of computer programmes shall be imposed a fine up to_________. 1-2 lac c. 10 lac 72. 1 yr b. 5-14 yrs c. a. a. Lecture d. 2-3 yrs d. If any person knowingly using of infringing copies of computer programmes shall be punishable for a period of _______________. Composer d. Author 70. Producer c. Calendar. 3-7 years b. 50000-1 lac d. changes after registration b. Designated Office d. Renewal d. Berne b. UNO b. Stockholm c. The single application of the Industrial Design shall be deposit with the _____ for the International Protection of the Design under Hague Agreement. the International Bureau and Paris Union were supervised by ____________. U. Regional office b. India . The phase of Trade Mark law Treaty before the trademark office are_________. a. Geneva d. all the above 3. International Bureau of WIPO c.K d. Swiss Federal Council b. TRIPS d. a. UNO 5. a. The initial period of protection of the design under Hague Agreement is for _______years.S Council 6. Application for registration c.K Council c.INTERNATIONAL CONVENTION: 1. 10 years c. a. The Madrid Agreement revision took place in __________ on 14th July 1967. Before the existence of the WIPO. Paris c. a. U. The Universal Copyright Convention came into force on 6th September1952 and revised in 1971 at ______________.20 years 4. 15 years d. a. 5 years b. Paris 2. U. translated work 9. 40 13. UNESCO & UNO 8. To protect copyright c.7. __________ is the owner of the Phonograms. to protect moral right 10. Author c. 20 d. 30 b. UNO b. 19th June c. to protect neighboring right b. a. 50 d. a. The Universal Copyright Convention is administered by _________. A period of _________ years has been provided for the protection of the performers and producers of the Phonograms under WIPO Performances and Phonogram Treaty. Artist d. 20th July b. Under Madrid Agreement. a. a. WTO d. the term of protection of trademark is for ________ years. The Patent Co-operative treaty was concluded on _________ 1970. The main object of the Rome Convention is ___________. 10 c. The Universal Copyright Convention protects __________. 19th July . 30 b. Composer 11. WIPO c. Registered work b. 60 c. Published work c. Producer b. a. Published and unpublished work d. a. To protect statutory right d. 20th June d. a. 40 12. b... NICE agreement 15. German .. Paris convention c. 42 Articles c.. 20th march 2000 b. Madrid Agreement.. 120 4. states are member to the Paris convention. 20th march 2010 2. 40 3. 20 b. 130 d..... Berne convention d. 20th march 1970 d. on 4th July 1997... 150 b.... 52 Articles 1. the Paris convention was concluded on _____.. rights of priority and related aspects. 2000 and it is open to State members of WIPO and___________ a.. a. The Patent Law Treaty was concluded on June 1.... 62 Articles d. .....(140) c. a. (Stockholm) b. articles.. In Paris Convention there are ... a.. a.. 10 c.. the Paris convention was revised in .. 32 Articles b.. (30) d. UPOV has __________ articles dealing with the protection of rights.. a. Berne c. (20th march 1883) c...14. d... 30 d....40 .. a.. a...5 d....... there are ... there are . number of states are member to the Eurasian patent convention. 124 d... number of articles in PCT a.......... 39 7.. (9) 9.. 134 c. (20) c...... 1 b. 59 c... (144) b... a.. the PCT was came into force on . . 10 b.. (69) b. number of states are member to the PCT .. (24th Jan 1978) b. India 5..... articles in Budapest treaty... 3 c...... 6..... 28th April 1977 c. 1st Jan 2000 d . 49 d.114 8. a. none of the above.. .......41 c.. (75) b. the UPOV has ......43 14.. (14th April 1891) b. 23rd September 2001 .. number of states are member to the Budapest treaty. articles... 76 c. 40 b. the UPOV came into force on ... a.78 11..... 1944 d. 1965 b. the patent law treaty came into force on .. a..10.77 d. 22nd may 2008 12.. (1968) c. a. .... a... 20th may 1600 c........ Madrid agreement was came into force on . 1st June 2011 d.. 1988 13.... 30th may 2010 c.(42) d.... 11th August 2011 d.. (28th April 2005) b. a....... 48 c. a. The Design Act-2000 came into force on ________. 1 month b. The controller shall appoint a date for hearing of the opponent and applicant and shall give _______ period of notice thereof under Rule -44 a. 5 d. State Government d. 1996 a. There are _________ members as on January-1. 28 7. 4 c. Section ________ of the Part-II of the TRIPS cover Industrial Design. 10 days c. 25 c. 6 6.3 b. 29 b. a. 29 b. In Hague Agreement. Supreme court 4. In Locarno Agreement.78 3. 11-5-2001 c. 1996. 2 months 5. There are _______ sections under Chapter II in the New Design Act-2000. Directors c. 32 b. a. there are _________ members as on January-1. . 28 c. The __________ appointed by the Central Government shall be the Controller of Design for the purpose of Design Act-2000 a. 15 days d.11-2-2001 2. a. 11-3-2001 d. Controller –General of Patent . 52 d. Design and Trademark b. 27 d.DESIGN UNIT: 1. 27 d. 11-4-2001 b. 25 c. There are ______ classifications of miscellaneous goods and service under Design Act-2000 c. 34 10.P. Textile design c. the court has the power to freeze defendant’s assets. 31 c. ________ Copies of design shall be attached with the application for its registration. High Court d. a. b. 14 d. 5 b. 31 c. There are ______ classifications of goods under Design Act-2000 a. a. 31 c. In ________ injunction. 5 b. Interlocutory d. 99 b. Civil Court b. 4 c. Under the limitation act -1963. 10 13. perpetual. the period of limitation for filing a suit for infringement of a trademark is _______ years from the date of infringement. a. 34 12. 3 15. Supreme Court c. 99 d. 2 d. There are ______ classifications of goods under Design Act-1911. 14 d.8. 2 d. a. Criminal Court 14. __________ was the first Design protected in UK a. a.C. Interim . 14 d. The Appellate Board deemed to be a _________ for all the purpose of the section -195 and Chapter XXVI of Cr. Mareva d. Jewellery 9. Carpets d. 34 11. 4 c. Umbrellas b. 99 b. a.16. CM c. PM b. MLA d. President . The members in the Appellate Board shall be appointed by the consultation with the Chief Justice of India. The Trade Mark Act-1999 b. licencee b. device. open patent b. Instrument c. a. Labour Law 6. The meaning of the patentee is __________ in Latin term a. The statutory meaning of the patent is given in _______________. Constitutional Law d. The person to whom a patent is granted is called ___________. Assignment right d. Licence right c. The Letter patent means it is an __________. close patent c. product d. The word patent is derived from __________ term. Italian d. The patent is a grant given by __________ to the owner of the invention. French b. patentee. a.1970 c. a. to open 4.PATENT RIGHTS: 1. Latin 2. . The patentee’s exclusive _______________ over the invention is an intellectual property right granted to him. mortgage right b. proprietary right. Assignee d. principal b. examiner 5. b. controller d. Investor c. 7. a. a. inventor d. machine 3. Greek c. a. The Patent Act. Director c. Commercial benefits b. The patent law gives an exclusive right to the patent to gain ___________ out of his invention. public b. seller 10. a. Average skill c. all the above 9. letter patent d. Section ____ provides the inventions which are not patentable under the Patent Act. Section 3&4 d. a. section 9 b. the applicant must apply for ________ patent a. non-obvious b. An invention relates to the manufacture of machines. section 5 13. Section -6 c.8. foreigner. articles or substance. Government c. new c. the new requirement for the patentable of the invention is _________ a. product b. The patent law induces the ___________ to invest capital in newlines of production which may be profitable. Personal benefits c. a. manufacture b. The invention must be non-obvious to the person possessed of an __________ in the art. investor d. reputation d. Controller d. Excellent skill d. useful d. . a. process c. talented person b. producer c. property 14. extra ordinary person 12. The full disclosure of the patented invention to the _______ is mandatory. inventive step 11. a. clothes. section -6 19. a. The term of ownership of process patent is _______. Example for process patent is _________. Device d. Process patent c. Section -25 c. legal representative b. Section -8 b. form _______ is used a. Section _______ of the patent Act stipulates the person entitled to apply for a patent . 10 years c. property 16. machine c. 15 years 18. form -2 c. assignee 20. Section 6 c. Section 65 d. section ______ provides that only one application can be made for invention a. section 9 d. a. form -3 d. who immediately before his death was entitled to make an application for the grant of a patent. section -7(1) . 20 years b.15. If the process is used for the production of commercially cheaper but quality wise better. medicine and drugs b. licencee d. a. product b. then the applicant can apply for _______ a. for applying the application for the grant of patent . Co-owner c. ______ of any deceased person. letter patent d. form -4 21. a. 5-7 years d. section 91 b. 17. form -1 c. WIPO d. patent c. incomplete 27. claims . 10 months c. the specification must always ends with __________ a. a. lapse of patent b. a. The description of patent is called ______. Synopsis c. priority date 29.22. Assignment c. Paris convention c. general description b. infringement b. form -4 24. section -9 25. a. licence d. a. Section -81 b. TRIPS b. 12-15 months 26. form -3 d. the purpose of provisional specification is to get ___________ a. section 91 d. FORM ______ is taken for applying the grant of patent by the foreign applicant . 12 months b. Section 7(1A) provides for application for international patent under ______. PCT 23. form -1 d. specification 28. 15 months d. disclose the invention to govt d. drawing b. form -2 c. Section 62 c. Full description d. title c.. A provisional specification means it contain only ______ description a. abstract d. A complete specification shall be filed within a _______ months from the date of filing the application . section _____ provides he applicant to file a provisional application and complete specification a. the applicant must request the controller to publish his patent application before the expiry of _____ period a. the claim relates to any arrangement substantially as described and as shown in the drawing is called _______ a. subordinate claim d. section -11A 35. 18 months 34. 48 months c. counter claim 33. . 12 month d. claims 31. Section________ provides the publication of the patent application by the controller. section 91 d. a. abstract d. 10 months c. Section -81 c.10 month b. a. 15 months d. title c. 12 months b. subordinate claim b. counter claim 32.30. main claim b. the claim refers to the additional features of the invention is called ________ a. drawing b. the specification always begins with ______ a. main claim c. the applicant has to make a request for the appointment of the examiner within _______ from the date of filing till the examination of the patent application. omnibus claim c. 18 months c. omnibus claim d. Section 62 c. 18-20 months c. 4 months 40. form -3 d. a. form -2 c. The examiner will make the report of the examination of patent application and sent it to the controller within ___________from the date of such reference. 15 years . 10 years c. a. Form ______ is filed for the opposition for the grant of patent. 12-15 month d. a. 20 years b. 18 months c. 5 years d. form -4 41. Patent journal c. 20 years b. 48 months 37. the patent application which is published by the controller in the patent journal shall be open to public till __________.book b.36. 5-7 years d.10 month b. magazine d. The term of the patent shall be ______ years. The controller will publish the patent application in _________. the person interested may give notice of opposition to the controller after the grant of the patent but before the expiry of ______ years from the date of grant of patent. 15 years 42. 1 year c. a.10 month b. a. b. form -7 e. 18 months c.10-12 month b. TV channel 39. 12 month d. 12 month d. the applicant has to amend the patent application within _______ from the date of the notice given by the examiner a. 15-18 months 38. medicine and drugs they were deemed to be endorsed with the words _____ after the expiry of 3 years from the date of sealing. surrender. patentee. a. 48. a. compulsory licence b. 10 lakh d. Product patent d. licence b. The duty of the patentee is to furnish the information to the controller or else he is liable to pay penalty upto______ a. If the patent is lost or damaged . process patent b. additional patent 46. 44. then the controller will grant _____ to those interested in the patent a. Assignee d. 1 lakh b. additional patent c. licence of right 49. If any improvement or modification is made to the main invention. licence of right b. Co-owner c. 45. Section 63 of the Act provides that the patentee has the right to _____ his patent . a. mortagage c. Voluntary licence c. then the patentee will have the right to get _______ patent a. compulsory licence. mortagage c. Assign d. Patents related to food. a. Assign d. If the inventor is not using his invention for 3 years.43. Extra patent c. Product patent d. licencee b. duplicate patent 47. they are called as ________. process patent b. Assign d. 1 crore . If there are more than one owner of the patent. the patentee can get _____ patent . 20 lakh c. patentee 53. Assignment d. agreement b. licence b.50. mortagagee c. licencor b. document d. legal Assignment 56. equitable assignee . The person in whose favour a right has been assigned is called _____ a. mortagagee c. patentee 52. Assignee d. sale deed 54. letter c. a. a. legal Assignee d. mortagagor c. equitable Assignment d. a ______ has the right to have his name entered in the register of the patent as a owner or proprietor a. legal Assignee d. voluntary licencee b. patentee 55. Assignor d. a. an ______ cannot have his name entered in the register as the owner or proprietor of the patent in assignment a. An assignment of an existing patent through an ______ which has been duly registered is called legal assignment . a. mortagagee c. The transfer of all the rights or interest by the patentee to the other person is called _____. mortagage c. a patentee agrees to give another person certain defined right through any document such as letter with an immediate effect is called ________. licencee b. licencee b. specification 51. The person who assigns the right is called _________. compulsory licence b. mortagage c. a person in whose favour a mortgage is made is called ________. The compulsory licence granted by the patentee to the licencee is _____ licence a. expresss licencee b.statutory licence 61. mortgagee 58. licencee b. Non-exclusive d. In compulsory licence. limited b. Section-84 62. Section ____ of the patent act provides the compulsory licence. a. Sale agreement b. the right of the licensee is ______ a. patentee c. Limited licence d. Assignment agreement c.57. Exclusive licence c. In __________. a. The compulsory licence will be granted by _____ to the person interested apllied for the licence of patent a. patentee 63. A patentee can transfer a right by __________a permitting a licence to exploit the invention a. patentee c. a. mortgagee 60. Voluntary licence c. Section-58 b. licence agreeement d. All the terms and conditions of the assignment and licence agreement shall be imposed by _________. a. Assignee d. mortgage agreement 59. Controller d. public b. Government c. Assignee d. statutory 64. Section 54 d. Exclusive licence c. the controller or the govt will play an important role to transfer the patent . assignable . licencee b. Section 91 c. limited b. a. commercial c. beneficial b. statutory 69. An exclusive licence shall confers all ______ right on the licencee excluding all other persons a. fast track court . Non-exclusive d. Exclusive c. a. illegal document 70. the controller have the power of _______ while trying the suit . Section 114 c. a. In case of semiconductor technology. limited b. Section 204 d. Government b.b. written document c. oral b. 71. public d. the _____ empowers to impose the terms and condition in licence of right. criminal court c. voluntary 68. patentee 67. an express licencee is the one in which the permission to use the patent is given in __________. non commercial d. Controller c. section _____ provides that the patentee can’t impose the restriction on the licencee which are against to the public interest. Section-111 d. Exclusive c. non assignable 65. express d. personal 66. letter d. a _____ licence imposes certain limitation on the right of the licencee a. c. the licence granted is to work the invention for the public _________ use. express d. Section-140 e. a. None of the above 76. estoppel b. To call for information from patentees d. To adjourn the application of the compulsory licence d. To post date the application b. injunction 75. An individual cannot turn around and deny his previous statement is called_______ a. Interim order b. Section 141 of the patent act empowers the controller to __________ a. Principle of estoppels b. resjudicata c. civil court 72. a matter already judicially acted upon or decided between the two parties cannot be reopened and readjudicated for same cause of action is called _________. Doctrine of pith and marrow d. Permanent injunction . forfeited or destroyed as the court deems fit is called as _______ a. To amend the application c. The may also order that the goods which are found to be infringing and material shall be seized.b. To give direction to the co-owners c. a. Grant compulsory licence b. Temporary injuction c. To grant compulsory licence 74. labour court d. a. Anton pillar order d. section -88 of the patent gives the power of the controller to ___. Principle of resjudicata c. To refuse to deal with certain agents 73. infringement d. interim order b. supreme court b. District court d. 18 months c. Section-11 b. Temporary injuction c. Section 60 c. injunction b. Infringement b. Assignment d. Revocation by the _____ on a petition by interested person or for failure to comply with the requirement of the central govt to use the invention a. Permanent injunction 79. Section-53(2) c. tribunal 81. Anton pillar order d. Section 20 d. The principle upon which an interlocutory injunction may be granted in a patent case are the same as in case under the provision of CPC______ a. An order of the court prohibiting some one from doing some specified act or commanding someone to undo some wrong or injury is known as ________ a. Order XXX Rule 1 & 2 d.from the date of expiry of the patent a. 82. Order XXXIX Rule 1 & 2 c. The patentee to renewal his patent shall within ____-. The order of the court which are in force for a specified period of time is called _____ a. licence 78. Order XXIX Rule 1 & 2 b. ______ shall lay down that patent shall be cease to have effect if the renewal fee is not paid a. 15 months . High court c.77. Order XXIX Rule 3& 4 80. 5-7 years d. a. Constitutional law 85. 3years b. The onus is on the ______ to establish infringement a. The procedure followed in conducting a suit for infringement is governed by provision of ______ a. Subordinate claim d. counter claim b. permanent injunction 84. Main claim c. omnibus claim . CrPC c. plaintiff b. 20 months 83. Defendant c. Lawyer d.b. CPC b. 12 years 86. 12 months d. The period of limitation for instituting a suit for infringement is ______ from the date of infringement a. Indirect infringement c. 10 years c. judges 87. The defendants can ______ for revocation of the patent in highcourt. The infringer has taken all the essential features claimed in the patent while manufacturing an article is called _____ a. direct infringement b. Temporary injunction d. IPC d. single c. double b. The trademark act came into force on _______ a.QUESTION FROM CIE AND EXAM PAPERS 1. 15th sept 2003 c. none of the above 4.42 c. 15th sept 2009 b. It identifies the product and its origin b. shape of the goods c. well known c. a. There are ______ number of classification of goods and services in trademark a. combination of colour d. 39 7. 34 d. Bakers law c. The trademark shall not be registered if it is _________ a. all the above 8. In 1266. a. it guarantees and advertise the product c. USA d. German The function of trademark is _______. _______ was the first to register the alcoholic product as trademark. UK c. 8 b. triplicate d. prior use d. 2. all of them 5. 15th sept 1999 . both a and b d. 3. packing b. causing confusion to public b. different 6. A _______ application can be made for series of trademark a. ________ law came into force for the first time for the protection of trademark a. Trade Mark Act b. a. The trademark may include ______. Venetian law d. 39 countries In 1876. India b. 15th sept 2013 d. April 15. Delhi 11. April 25. a. 1994 b. Ahmadabad b. 30 countries b. 10 countries c. PM d. 45 b. A Venetian Law of 1474 granted the patented for a period of ______ years. Elizabeth I b. 10 years b. 9 countries d. a. CM with consultation of Governor The head office of trademark registry is at____________ a. ________ rewarded the Letter Patent to his political creditors. a. 18 years d. The TRIPS agreement was concluded on ___________. Kolkata c. 1996 d. Edward I 15. Justice Bakshi Tek Chand Report-1950 b. 1998 13. a. 14 years c. James I c. _________ are members to the Eurasian Patent Convention a.1970 was passed with the report of the _________ committee. Both a &b d. None of the above 16. The patent Act. President b. 50 14. 20 years . 10 Intellectual property appellate board members were appointed by the ________ a. Charles I d.9. president with consultation of CJ c. 48 d. In England. The UPOV has _______ number of Articles in the convention. 40 c. Mumbai d. April 25. 39 countries 12. April 15. 1995 c. Justice Rajagopal Ayyangar’s Report-1959 c. a. Discovery of any product ` d.K. a.P. The Appellate Board deemed to be a ________ for all the purpose of Section -195 and Chapter XXVI of Cr.C a. Jewellery 22. c.17. Textile Design b. 4 c. 2 b. 14 years 18. Request d. 31 c. 17 years d. 10 c. 34 23. The maximum period of ownership of Design is ________ years. Patent can’t be transferred by ________ a. 15 b. Indian Patent shall be granted for that invention which has _________. New Delhi c. Mumbai 20. plant or agriculture method b. 3 25. Kolkata d. Tribunal . Under US Patent Act. 99 b. Carpets Design protected in U. 14 d. licence b. Civil Court c. The head office of the patent is at ___________ a. 20 years c. inventive steps 19. 10 years b. mortgage 21. Umbrellas d. a. the Design patent is granted for a period of _________ years a. a. Criminal Court b. There are _______ classification of goods under Design Act-1911 a. 7 24. Fast Track Court d. _______ was the first a. Assignment c. Chennai b. Related to atomic energy c. 10 d. 20 d. ______ Copies of Layout Design shall be attached with the application for getting registration. Corporeal b. 3 d. Markkesk c. 15th July.1994 a. Intellectual property right is a _________ property. 14th July.1967 b. Paris b. Intangible d. a. Interim 28.26. 2 c. Stockholm 34. Mareva b. 4 27. a. Prime Minister b. 35&8 31. 20th March. Trademark Law Treaty was adopted at _______ on October 27. Interlocutory c. Skill c. a. Tangible c. Stockholm c. 25th March -2000 . Chief Ministers c. 5 b. Perpetual d. MLA ` d. In ______ injunction. Ideas 33. Efforts & labour b. a. 35&10 b. The members in the Appellate Board shall be appointed by the _______ after consultation with the Chief Justice of India. Geneva d.1968 d. Uruguay b. 34&8 d. the court has the power to freeze defendant’s assets. President 29. the period of limitation for filing a suit for infringement of a trademark is ______ years from the date of infringement.1967 c. Acting d. Incorporeal and intangible 32. The WIPO was concluded in the Stockholm on __________. 34&11 c. The TRIPS agreement was concluded in the _________ round. a. a. a. USA 30. An intellectual property right doesn’t refer to _____________. Under the Limitation Act-1963. a. Qatar d. There are ______ classification of goods and service under Nice Agreement. The Paris Convention contains __________ Articles. Infringement b. Specification 40. a. a.35. section 2(zb) d. Model 37. Interim b. Resjudicata c. The mark includes _______. a. a. Licence of right 39. a. Medicine d. then controller will grant ______ to those person who is interested in the patented invention. section 2(bz) 42. If the inventor is not using his invention for 3 years. Permanent c. device b. Device b. Voluntary licence ` d. Exclusive licence c. Abstract d. all the above . Title c. Claims 38. heading d. Estoppel d. Best Method b. 05 36. A specification shall always ends with a _________. The definition of the trademark is given under section _______ of the Trade Mark Act-1999 a. ________ Injunction is granted at the termination of the trial. signature c. Example for Process Patent is ________. Interlocutory 41. Temporary d. a. Compulsory licence b. section 2(b) c. An individual cannot turn around and deny his previous statement is called________. 10 b. a. Machine c. section 2(z) b. 20 c. 30 d. First d. industries b. all the above. label b. adidas 45. For the purpose of registration of Design. logo c. IX d. XI c. guarantees the quality d. all the above A collective mark belongs to an association of persons except a ________.43. The certification mark is granted by the _______. state government d. a. partnership firm c. b. identifies the product c. advertise the product b. a. 44. IBM c. X 47. central government c. XII b. goods are classified in the manner specified in the __________ schedule to the 2000 Act. a. The example for letter mark is ________ a. a. a. The Act of 1999. company 48.M. Any other person who acquire the right to apply the design to any article c.The functions of the trademark are _________. The creator of the design b. Mortgagee d. a.W. controller/ registrar b. Second b. Third c. symbol d. Tata Nike d. legal firm d. B. The proprietor of the new and original design must be _________. Both a & b . deals with the Certification Trademarks in Chapter______ a. brand 46. A __________ is a visual depiction of a manufacture or a company and gives an identity to trademark. Fourth 49. a. When the layout design application is accepted for registration.50. India is not a member. _______ was the first country to register the trademark for alcoholic beverages. High court b. 2 d. the controller will advertise in the official journal within ________ days. Honest adoption b. The Trademark Act-1940 b. a. India d. a. Trade Mark Act-1999 d. a. The registration of a design excludes the entire person from using the design including____________. Design and Trademark Act-1883 c. USA b. None of the above . 4 53. a. Locarno d. . Alien d. Government c. 14 days d. _________ Act repealed the Trade and Merchandise Mark Act a. China 56. all the above 54. Innocent infringement c. 3 b. 51. Trademark Act-1905 55. UK c. 12 months 52. _________ defence cannot be pleaded by the defendant under Trademark Act a. For _________ Agreement. Both a & b d. Foreigner. 1 c. Madrid b. Hague c. _________ Copies of the layout design shall be attached with the application for its registration. 10 days c. Patent. 3 months b. The applicant for copyright registration should attached ______ number of copies of their original work.57. 12 months 62. . c. To become a Vice Chairman in Appellate Board. 1971 f. Singing the same song in different language. 7 d. 1973 60. 14 days d. 60 d. 3 c. 3 d. 50 c. Musical work shall be infringed when_______. assignor d. The assignment is valid only when it is signed by _________ or by his agent. 1972 d. 1 c. 2 58. e. 4 61. 2 d. Lyrics of the music is copied f. c. assignee c. a. The opponent party can oppose the application for the registration of the copyright within ________. 30 days c. All the bars of the musical note are copied d. 10 59. Berne convention protects the anonymous and pseudonymous work for ________ years. 3 months d. 1970 c. c. Universal copyright convention -1952 revised in _____ at Paris. Controller d. c. 5 b. c. he has a member of Indian Legal Service for at least ______ years. Any remix version of popular music e. 20 d. Government 63. 20 years d. 66. The function of the copyright board is ______. 65 d. e. 58 d. A Venetian Law of 1474 granted the right to inventors of new arts and machines for ________ years. 60 68. The main objective of the IPR are________. e. Tangible c. g. Intangible d. All the above 67.64. a. d. Grant compulsory licence to translate literary and dramatic work. Economic growth & Morality j. e. 10 years c. Magistrate of First Class. The court where the criminal proceedings of the copyright are to be initiated in ______. e. The right to integrity h. 5 years. 62 c. All the above 70. Financial incentives i. To settle the disputes arising out of assignment b. The right to publication f. To grant compulsory licence c. All the above. Tangible and corporeal f. Appellate board h. The moral right of the copyright owner is ________. 65. Right to claim authorship g. 15 years f. Directly in High court f. Intangible and incorporeal 69. . An intellectual property right is an _________ property. The term of the chairman in the copyright board is either for 5 years or _______ years c. Encourage scientific research h. Directly in Supreme court g. The Patent (Amendment) Act-2005 k. Patent and Design Act-1888 g. The Patent Act-1970 l. i. Patent d. Chapter VI of the ______ deals with opposition proceedings. e. To amend the application k. Form -22 d. The Patent (Amendment) Act-2002 77. Form-23 f. The Patent Rule-2003 j. Licence d. e. Grant compulsory licence j. To adjourn the application for compulsory licence l. Section -88 of the patent gives the power of the controller to _________-. Plaintiff d. Priority date h. Form -3 73. Petitioner h. e.1911 72. Patent f. A document transferring the rights to the other person with a view to secure the payment of the specified sum of the money is called__________. c. A Venetian Law of 1474 h. Mortgage 76.71. __________granted the monopoly right to the true and first inventor. The Statutes of Monopolies -1624 f. The purpose of the provisional specification is to get _______. i. Respondent 74. To disclose the patent to the controller g. The onus is on the ________ to establish infringement. g. To refuse to deal with certain agents 75. Lapse of the patent . Assignment c. Defendant c. Form -27 c. Patent and Design Act. A person has to get his name registered as Patent Agent by making an application in ____ at the Patent Office. registrar c. chairman in Appellate . Paris II India is a member to the ___________ agreement. EMR b.MODEL PAPER QUESTIONS: I The TRIPS Agreement was revised in _____________. Allahabad b. all the above IV Berne convention came into force on _________. Design VIII __________ maintain the legal documents of legal disputes in patent office. a. a. 20th September 2000 V Patent law treaty member countries are____________. specification d. WIPO c. Mumbai d. Russia b. WTO d.8th October 1997 d. a. New Delhi c. Trade mark law treaty c. all the above III India is not a member to ____________ agreement. Detail c. a. WIPO & Paris b. Lisbon agreement b. TRIPS b.Nice agreement d. a. Chennai VII The technical description of a patent is called __________.European c.UK VI The branch office of patent is not located at __________. examiner b. a. Geneva d. a.5th December 1887 c. 10th Jan 1987 b. a. central government d.USSR d. Stockholm c. tables d. all the above XI Literary work includes________ a. 20 days d. sound recording XIV The number of days given for public to raise any objection regarding the documents submitted for copyright registration are____ a. make d. Territorial c.board IX The patent is a _______ right. a. artistic work b.use c. new delhi b. computer databases b. none of the above X The exclusive right of the patentee is to _________ .30 days b. United copyright convention c. Universal copyright centre XIII Which of the following is not a subject matter of copyright a.computer programs c. Universal copyright convention b. a. chennai c. a. 21 days XV The copyright office is located at __________. kolkata. mumbai d. an idea d. 18 days c. United copyright centre d. apply to whole world b. sell b. musical work c.regional d. all of them XII UCC stands for___________ a. . inventive word d. High court d. none of them XVII The appellate board has the power equivalent to __________ a. 28& 200 XXIII Under TRIPS agreement the minimum protection for design is granted for _________ a. both of them b. copyright d. PM c. trademark c. all the above XXII Under Locarno claasification there are ___________ number of classes and sub classes a. trade or property mark d. President of India b.15 years d.10 years c. suggest the quality b.cartoons b. CM d. none of them XX The essential feature of trademark is____________ a.32&219 c. 20 years b. Chief justice of India XIX _________ has applied for the first sound mark registration in India a. 30 years . none of them XVIII The chairman of the appellate board is appointed by a.21 &120 d. a. all the above XXI The design which is not registrable are___________. 10 &100 b. Yahoo Inc c.a mere mechanical device c. Distinctive word c. civil court c. Docomo ringtone b. Supreme court b.XVI The most sensitive of all IPRs a. Nokia ringtone d. World Trade Organisation V Which of the following agreements covers intellectual property right under WTO. Rome II which of the treaty deals with protection of performers. producers of phonograms and broadcasting organization a.XXIV A penalty for falsely representing an IC layout design as registered will incur imprisonment upto _________.2 years d. a. Berne c. Berne c. 1980 IV The abbreviation of TRIPS is____________. 2 c. 3 I Which of the following treaty deals with protection of literary and artistic work a.1 b. a. Paris d.3 years d. Paris d. a. 6 months XXV Along with the application _______ sets of IC layout design has to be attached with it. Trade And Tariff Act d. 1 year b.1995 c. Rome III WTO came into being on ____________ a.TRIPS c. a. 1986 b.Trade Related Aspects Of IPR b. Washington b. GATS . Washington b.Trade Related Industrial Propery c.4 d.1998 d. none of the above VIII The person who can file the application for registration of patent is________. Washington b. all the above XI In 1876. a. assignee d. licencee b.wrongfully obtained c.patentee c. under the private market c compete with Indian market d. a.b. licencee b. Paris d. publicly known d. USA d. China . UK c.GATT d. controller X The ground to oppose the application by injured person is ______ . control the Indian market by Britisher b. claims made is obvious b.all the above IX All the terms and condition shall be imposed by _________ in voluntary licence agreement. India b.assignee d. a.none of the above VI Which of the following treaty deals with protection of Industrial property a. ________ was the first country to register the trademark for alcoholic beverages. a. inventor c. Berne c. Rome VII The Act of VI of 1856 was passed to ____________ a. name b.director XIV Register of patent is maintain by ____________ a. India and USA XIII In case of opposition hearing for grant of patent.XII The patent granted in India is applicable a. chennai b. 10 d. delhi d. whose decision is final a.kolkata c. India and china b. India only d.attorney b. deputy controller d.kolkata c. patent examiner . controller c. XVI The registration of trademark shall be made in ______ no of states in india a. signature d. patent examiner b. 1 XVII The head office of trademark registry is in _________ a. controller or registrar c. chennai b. all over the world c.controller c. Mumbai XVIII The appellate board’s headquarter is in ________ a.plaintiff XV A trademark includes________ a. delhi d. heading c. All the above. Mumbai XIX ________ will renewal the trade mark after the expire of ownership a. 5 c. patent agent d. 2 b. b. PM b. president d. controller general of patent design and trademark XXIII The design shall not include_______ a.chairman b chief justice c.MLA d. trademark act-1999 c. a. artistic work b.CM c.pattern c. trademark act -1940 XXI The design shall include a. trademark act -1905 d.supreme court d. all the above _________is controller of design . configuration b. a. deputy controller d.director XX _____________ was the original Act governing trademark in India a. ornamentation d.property mark d.all theabove XXII XXIV If the applicant request is rejected by appellant board the he can go for appeal to _______ a. President . trademark c.trade and merchandise mark act b.high court c. munsif court XXV The members in the Appellate Board shall be appointed by the consultation with the Chief Justice of India. district court b.
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