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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 _
a. 60 years
c. 5 years
b. 50 years
d. 10 years
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
be considered as lapsed.
a. 3 years
c. 2 years
b. 5 years
d. 1 year
_ year, then it shall
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
b. Copyright Act-1814
c. Copyright Act-1911
d. Copyright Act-1914
14.In India first Copyright Act was passed in _
a. 1914
c. 1709
b. 1911
d.1842
c.
.
15.Section
a. 15
b. 12
defines copyright under copyright Act-1957.
c. 14
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
b. Private person
c. organization
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
a. Movable property
b. Immovable property
property.
c. personal 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
by the assignor or by his agent.
a. Oral
c. deeds
b. Writing
d. contract
signed
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
a. Chairman
b. Secretary
_ of the copyright board.
c. treasure
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.
b.
c.
d.
All bars of the musical note are used
Public performance
Music played in factories
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
a. Moral Right
b. Negative Right
that is prohibitory in nature.
c. Saturator 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
a. Single
b. Work
_ right but bundle of rights.
c. Labour
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
a. Producer
b. Composer
.
is the first owner of the work.
c. Artist
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 _
1967.
a. Stockholm
c. Berne
b. Geneva
d. Paris
on 14th July
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
a. 19th June
c. 20th July
b. 20th June
d. 19th July
1970.
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
a. 48
b. 52
sections under Chapter II in the New Design Act-2000.
c. 32
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
a. 4
b. 5
of the Part-II of the TRIPS cover Industrial Design.
c.3
d. 6
6. In Hague Agreement, There are
a. 25
c. 29
b. 27
d. 28
members as on January-1, 1996.
7. In Locarno Agreement, there are
a. 25
c. 29
b. 27
d. 28
c.
members as on January-1, 1996
8.
was the first Design protected in UK
a. Textile design
c. Umbrellas
b. Carpets
d. Jewellery
9. There are
a. 31
b. 14
_ classifications of goods under Design Act-1911.
c. 99
d. 34
10.There are
a. 31
b. 14
_ classifications of goods under Design Act-2000
c. 99
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
a. Greek
c. French
b. Italian
d. Latin
term.
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
a. Government
c. public
b. Controller
d. foreigner.
is mandatory.
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
a. form -2
c. form -1
c. form -3
d. form -4
21.section
a. Section -8
b. Section 6
is used
_ provides that only one application can be made for invention
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 _
applicant .
a. form -2
d. form -3
is taken for applying the grant of patent by the foreign
c. form -1
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
controller.
a. Section -81
c. Section 62
_ provides the publication of the patent application by the
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
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
from the
.
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
b. form -2
e. form -3
is filed for the opposition for the grant of patent.
c. form -7
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
registered is called legal assignment .
_ which has been duly
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
exploit the invention
a. Sale agreement
b. Assignment agreement
.
a permitting a licence to
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
apllied for the licence of patent
a. Government
c. public
b. Controller
d. patentee
_ to the person interested
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 _
a. criminal court
b. labour court
while trying the suit .
c. fast track 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. Assignment
b. injunction
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
a. Defendant
b. Lawyer
87.The defendants can
a. Main claim
b. Subordinate claim
to establish infringement
c. plaintiff
d. judges
for revocation of the patent in highcourt.
c. counter claim
d. omnibus claim
QUESTION FROM CIE AND EXAM PAPERS
1.
2.
3.
In 1266,
of trademark
a. Bakers law
b. Venetian law
In 1876,
trademark.
a. UK
b. USA
law came into force for the first time for the protection
c. Trade Mark Act
d. 39 countries
was the first to register the alcoholic product as
c. India
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
b. combination of colour
5.
A
_ application can be made for series of trademark
a. single
c. double
b. triplicate
d. different
6.
There are
trademark
a.42
b. 34
.
c. packing
d. all of them
_ number of classification of goods and services in
c. 8
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
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
9.
The head office of trademark registry is at
a. Kolkata
c. Ahmadabad
b. Mumbai
d. Delhi
10
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
b. April 25, 1996
13.The UPOV has _
a. 40
b. 48
14.In England,
a. James I
b. Charles I
.
c. April 15, 1994
d. April 25, 1998
number of Articles in the convention.
c. 45
d. 50
rewarded the Letter Patent to his political creditors.
c. Elizabeth 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
a. 14 years
c. 10 years
b. 18 years
d. 20 years
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
b. Kolkata
c. Chennai
d. Mumbai
20.Patent can’t be transferred by
a. Assignment
b. Request
c. licence
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
a. 34&11
b. 34&8
_ classification of goods and service under Nice Agreement.
c. 35&10
d. 35&8
31.Intellectual property right is a
a. Tangible
b. Intangible
_ property.
c. Corporeal
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 _
a. Markkesk
c. Uruguay
b. Qatar
d. Stockholm
.
round.
34.The WIPO was concluded in the Stockholm on
.
th
th
a. 14 July- 1967
c. 20 March- 1967
b. 15th July- 1968
d. 25th March -2000
35.The Paris Convention contains
a. 20
b. 30
Articles.
c. 10
d. 05
36.Example for Process Patent is
a. Machine
b. Medicine
.
c. Device
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
b. Tata Nike
c. B.M.W.
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
a. Hague
b. Locarno
54.
a.
b.
c.
d.
Agreement, India is not a member.
c. Madrid
d. all the above
Act repealed the Trade and Merchandise Mark Act
The Trademark Act-1940
Patent, Design and Trademark Act-1883
Trade Mark Act-1999
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
e. 1970
c. 1971
f. 1972
d. 1973
60.The applicant for copyright registration should attached
copies of their original work.
c. 1
c. 2
d. 3
d. 4
at Paris.
number of
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
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.
or by his
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.
e.
f.
g.
h.
granted the monopoly right to the true and first inventor.
The Statutes of Monopolies -1624
Patent and Design Act-1888
A Venetian Law of 1474
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
g. Defendant
h. Plaintiff
to establish infringement.
c. Petitioner
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
a. WIPO
b. WTO
agreement.
c. TRIPS
d. all the above
III
India is not a member to _
a. Trade mark law treaty
b.Nice agreement
agreement.
c. Lisbon agreement
d. all the above
IV
Berne convention came into force on _
.
th
th
a.5 December 1887
c. 10 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
a. Territorial
b.regional
_ right.
c. apply to whole world
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
b.tables
.
c. computer databases
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
of classes and sub classes
a.32&219
c. 10 &100
b.21 &120
d. 28& 200
.
_ number
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
has to be attached with it.
a. 2
c.1
b.4
d. 3
_ sets of IC layout design
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
b.1998
c. 1986
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
XVI
A trademark includes_
a. heading
b. signature
_
c. name
d. All the above.
The registration of trademark shall be made in
states in india
a. 5
c. 2
b. 10
d. 1
no of
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
c. ornamentation b.pattern
is controller of design . a.chairman
XXII _
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
theabove
d. all the above
d.all
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
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