Questions Bank 4 B.Sc.IT

Wednesday 20 March 2019

Questions Bank 05:48

Write defences of Trademark.

Write defences of Trademark.

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Write defences of Trademark.

SOLUTION:

Defences of Trademark:

The defendant may set up following defences in an action for infringement against him depending upon the applicability of the relevant defense to his case:
The plaintiff in the suit has no title to sue-questioning. The proprietorship of the trademark owner may do this.
The use of the mark by the defendant is not an infringement or it protected by the provisions of section 30 which lists out the acts which do not constitute infringement.
The defendant’s right to use the contested mark arises by virtue of concurrent registration.
The defendant is the prior-user of the disputed mark.
The defendant has been an honest concurrent user.
The use complained of in merely the defendant’s Bonafide use of his own name, address & description of goods which are protected by the Act.

Kamal Thakur 0

Questions Bank 05:47

What do you mean by Infringement of Patent? Explain.

What do you mean by Infringement of Patent? Explain.

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What do you mean by Infringement of Patent? Explain.

SOLUTION:

Infringement of Patent:

Using or manufacturing a patented product without the owner’s permission (by license, waiver, or other contract) can constitute infringement & expose. The unauthorized user/manufacturer to liability even if the infringement was unintentional.

Different types of patent infringement are as follows:

Direct Infringement:

Actively engaging in a prohibited use of someone else’s patented property.

Induced Infringement:

Actively inducing someone to make prohibited use of someone else’s patented property.

Contributory Infringement:

Contributing to the unauthorized use of someone else’s patented property can also constitute infringement under patent law.

Kamal Thakur 0

Questions Bank 05:45

What are the rights of Patentee? Explain.

What are the rights of Patentee? Explain.

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What are the rights of Patentee? Explain.

SOLUTION:

Rights of Patentee:

The Right to Exploit The Patent:

Section 48 confers the right to exploit the patent on the patent on the patentee or his assignee or his agent when such a right is exercised within the condition imposed by section 47 of the Act.

Right To License:

Section 70 of the Act Confers, Interalia, and the right on a grantee or proprietor of a patent to grant License.
For instance, a patentee of invention of new sound system has a right to license his right to another party to make and sell the system in a particular territory.

Right To Assign:

Section 70 also confers on the patentee the right to fully or partially assign his patent to another or others.
Such assignment and licensing should always be in writing in express agreements.
Such agreement should be registered to avoid litigation later.

The Right to Surrender the Patent:

A patentee is not under an obligation to maintain his monopoly right on the patent for the entire term of the patent. He may surrender the patent any time.
Section 63 provides that a patentee may, at any time by giving notice to the controller, offer to surrender his patent.
The controller, before accepting the offer of surrender, publishes the offer in India to give opportunity to the parties having any interest, for instance licensees, to oppose the offer of surrender.

Right to sue for Infringement:

The exclusive right conferred by a patent can be meaningful and lasting only when the statue confers a right on the patentee to take legal action for protection of his patent rights.
Patentee, his assignee, licensee or agent has the right to institute a civil suit in a court not lower than the District Court in case of any infringement.

Kamal Thakur 0

Questions Bank 05:43

Write a short note on TRIPS Agreement.

Write a short note on TRIPS Agreement.

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Write a short note on TRIPS Agreement.

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TRIPS Agreement:

TRIPS:

The agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is a an international agreement administered by the World Trade Organization (WTO) that sets down minimum standards for many forms of Intellectual Property (IP) regulation as applied to nationals of other WTO members.
It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994.

TRIPS Agreement:

The TRIPS Agreement introduced intellectual property law into the international trading system for the first time and remains the most comprehensive international agreement on intellectual property to date.
In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Data Declaration.
The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal "to promote access to medicines for all".
Specifically, TRIPS requires WTO members to provide copyrights, covering content producers including performers, producers of sound recording and broadcasting organizations; geographical indications, including appellations of origin; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade dress; and undisclosed or confidential information.
TRIPS also specifies enforcement procedures, remedies, and dispute resolution information.
TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures.
Protection and enforcement of all intellectual property rights shall meet the objectives to contribute of technologies innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conductive to social and economic welfare, and to a balance of rights and obligations.

Kamal Thakur 0

Questions Bank 05:42

Write the disputes under intellectual Property Rights.

Write the disputes under intellectual Property Rights.

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Write the disputes under intellectual Property Rights.

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Disputes Under Intellectual Property Rights:

While designed to serve the function of enabling users to locate computers in an easy manner, domain names have acquired a further significance as business identifies and as such have come into conflict with the system of business identifies that existed before the arrival of the internet and that are protected by intellectual property rights.
Domain name disputes arise largely from the practice of cyber-squatting which involves the preemptive registration of trademarks by third parties as Domain Names.
Cyber squatter exploit the first come, first served nature of the domain name and registration system to register name of trademarks famous or business with which they have to connect.
Since registration of domain names is relatively simple, cyber squatter can register numerous examples of such names as domain names.
As a holder of these registration cyber squatter often then put the domain names up for auction, or often them for sale directly to the company or person involved.

Kamal Thakur 0

Questions Bank 05:41

Write the Data Protection Principles.

Write the Data Protection Principles.

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Write the Data Protection Principles.

SOLUTION:

Data Protection Principles:

The Data Protection Act, 2012 is premised on the fundamental role.
That all who process personal data must take into consideration the right of that individual to the privacy of his or her communications.
This recognition by a data controller or processor should lead to the application of the 8 basic principles for processing personal information.
That are as follows:

Personal Information must be processed for limited purposes.
Personal Information must be processed for limited purposes.
Personal Information must be adequate, relevant & not excessive.
Personal Information must be accurate & upto date.
Personal Information must not kept for longer than is necessary.
Personal Information must be processed in line with the Data Subjects Rights.
Personal information must be secure.
Personal information must not be transferred to other countries without adequate protection.

Kamal Thakur 0

Questions Bank 05:39

Write a short note on Unfair Competition of Intellectual Property.

Write a short note on Unfair Competition of Intellectual Property.

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Write a short note on Unfair Competition of Intellectual Property.

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Unfair Competition of Intellectual Property:

Unfair competition in commercial law refers to a number of areas of law involving acts by one competition or group of competitors which harm another in the field and which may give rise to criminal offenses and civil causes of action.
E.g. Trademark Infringement using the coca cola trademark on a soda container manufactured by a competitor.
False advertising such as making false claims about a drugs abilities to promote Weight Loss.
Unauthorized substitution of one brand of goods for another such as substituting a low cost handbag for a designer handbag.
Misappropriation of a trade secrets such as stealing a competitor’s soft drink formula.
The unfair competition prevention law is directed to maintaining fair competition between companies.