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