INTELLECTUAL PROPERTY RIGHTS - Patents & Trade Mark

The rationale of protection of trademark as (a) an aspect of commercial and (b) of consumer rights - Definition and concept of Trademarks - Different kinds of marks (brand names, logos, signatures, symbols, well known marks, certification marks and service marks) - Non Registrable Trademarks - Procedure for Registration of Trademarks.

IPR Multiple Choice Question and answers :

	1.	What are the requirements for obtaining a patent?
		a) It should be new, inventive, and useful.		c) It should be valuable and easy to use
		b) It should be new and pleasing to the eye.		d) It should have Commercial value
	2.	A patent gives the owner the right to___________
		a) collect a monetary award from the government		c) prevent others from making, using or selling their invention
		b) make the invention		d) market the product free of cost
	3.	The closely guarded formula for making Coca-Cola is an example of what type of IP?
		a) Copyright		c) Trade Secret
		b) Patent		d)Geographical Information
	4.	A photographer has written a novel on Photography. How he should protect his intellectual property?
		a) Trademark		c) Patent
		b) Geographical Information		d) Copyright
	5.	__________is an official document given to an inventor by the government allowing him to exclude anyone else from commercially exploiting his invention
		a) Patent		c)Geographical Information
		b) Copyright		d) Trademark
6. Which of these can you patent?
a) literary, dramatic, musical or artistic work			c) a logo or a brand name
b) technological advance			d) Product design
7. Should you disclose your idea before applying for a patent?
a)can be done on internet			c) allowed at any trade fair
b) not unless absolutely necessary and only by confidentiality agreement			d) allowed in a lecture hall
8. A scientist has designed a container for storing a liquid soap. The container is in shape of different fruits which increases its aesthetic appeal to consumers. He can protect the unique design of his container using:
a) Patents			c) Industrial Designs
b) Trademarks			d) Copyright
9. ____________ is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others.
a) Trademark			c) Copyright
b) Geographical Information			d) Patent
10. Can I get a worldwide trademark or patent?.
a) By applying to the UN			c) Yes, you can apply to World Intellectual Property Organization (WIPO)
b) No, there is no such thing as a worldwide patent.			d) Yes, you can apply to the Indian Patent Office

2 Marks:

1.      Identify the elements of Patentability

2.      Point out the needs for patent in this industrialized world.

3.      Enumerate the salient features of the Trade Marks Act, 1999.

4.      Distinguish between Trade mark and property mark

5.      Justify the grounds for refusal of registration of a trade mark.

6.      Discriminate “Patents” and “Trade Mark” with examples.

7.      Enumerate the types of Patent Applications.

8.      Differentiate between Trade Mark and Certification Mark.

9.      State the conditions of patentability

10.  Discuss about Service Mark. Give Example.

Long Questions :

1.  Prepare the Procedure for Filing of Patent Application in India with suitable flowchart

2.      Outline the importance of Ownership and Maintenance of Patents.

3.      (i)Summarize the Definition and concept of Trademarks.

(ii)Appraise the different kinds of Trademarks in detail.

4.      Point out the Procedure for Registration of Trademarks in India

5.      What is an assignment? What are the main types of assignment in patents?

6.      Express your knowledge on Non Registrable Trademarks.

7.      Identify the procedure to fill the patent application and to obtain it.

8.      Discuss briefly about

i) Maintenance of Patents

ii) Types of  Patent Applications

9.      The registration of a trade mark confers on the registered proprietor of the trade mark the exclusive right to use the trade mark in relation to the goods or services in respect of which the trade mark is registered. Discuss it in detail.

10.  Who may apply for a trade mark? Briefly explain the provisions relating to registration process of a trade mark.

11.  Recall the importance of Assignment in patents and state its types.

12.  Summarize the remedies that are available to the owner of the mark in the case of infringement of his trade mark.