Questions Bank 4 B.Sc.IT: IPR (Unit

Showing posts with label IPR (Unit - I). Show all posts

Wednesday, 20 March 2019

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.

SOLUTION:

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.

Kamal Thakur 0

Questions Bank 05:38

What do you understand by Design Rights? Explain in short.

What do you understand by Design Rights? Explain in short.

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What do you understand by Design Rights? Explain in short.

SOLUTION:
Design Rights:

A registered design protects the visual appearance of a product or item & gives you exclusive rights for that appearance to the extent that, if necessary, there is a legal right to stop can unauthorized party from producing or using your design.
Design Rights protect the way a product looks. If the design has a technical function or the appearance of the product comes naturally as a result of the function that it perform, then a design right may not be suitable.
In order for a registered design to be valid it must.
Be now (no similar or identical designs registered)
Have individual character (the appearance of the design is different to any existing designs)
Be already registered in an approved Overseas Jurisdiction.
If a registered design is granted it will last for upto 25 years but need to be renewed every 5 years.

Kamal Thakur 0

Questions Bank 05:37

Write Steps to Register Patent In UK.

Write Steps to Register Patent In UK.

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Write Steps to Register Patent In UK.

SOLUTION:

Steps to Register Patent In UK:

Steps to Register Patent In UK is as follows:

STEP 1: Draft your description and complete patent drawings: Drafting your patent can be carried out by a patent agent or you choose to draft the application yourself. Either way it helps to have a patent search report detailing existing patents, so you can make sure your application is worded to avoid infringing existing patents.

STEP 2: File a form 1 with your description & drawings at the UK Patent Office; Guidelines are as follows: filing in form 1. If you are using on agent then they will do this on your behalf. Otherwise you will need to complete the form yourself, attach a full description of your idea & the drawings & send the completed patent application to:

Intellectual Property Office

Concept House

Cardiss Road, NP 108 RR

United Kingdom

Patent filing can be completed online at this address:

UK IPO Patent Filing ONLINE

Kamal Thakur 0

Questions Bank 05:35

What is Copyright? What can be protected under Copyrights?

What is Copyright? What can be protected under Copyrights?

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What is Copyright? What can be protected under Copyrights?

SOLUTION:

Copyright:

Copyright is a legal term describing rights given to creators for their literary & artistic work.
Copyright is a form of protection grounded in the US constitution & granted by law for original works of authorship fixed in a tangible medium of expression.
Copyright covers both published and unpublished works.

Protected Under Copyrights:

The kind of works covered by copyright include:

Literary work such as Novels, Poems, Plays, Relevance Work, Newspapers and Computer Programs, Databases, Films, Musical Compositions & Choreography.
Artistic works such as Painting, Drawings, Photographs, Sculpture, Architecture and Advertisements, Maps and Technical Drawings.
Copyright subsists in a work by virtue of creation, hence it is not mandatory to register. However, registering a copyright provides evidence. That copyright subsists in the work & creator is the owner of the work.

Kamal Thakur 0

Tuesday, 19 March 2019

Questions Bank 05:15

List out the basic principles of Design Rights.

List out the basic principles of Design Rights.

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List out the basic principles of Design Rights.

SOLUTION:

Basic Principles of Design Rights:

The basic principles of design rights are as follows:

The rights of exclusive use of design is registered under the Designs Act 2000. This Act is enforced from the date of registration.
If the Design Act has been registered, it can be further extended from the original period of registration.
Right to protect the design from piracy which causes infringement. Any person responsible for infringing a registered design and found guilty is liable to a fine of rupees not exceeding 25000.
The registered owner has the right to file a suite for recovery of damages so that his reputation does not get affected and he can recover this by getting an amount not exceeding Rs. 50000.
The registration of design includes the provisions of section 20 of Design Act 2000, which includes that the government can use certain design under various circumstances when the article is not made available to the public at reasonable prices.
Section 11 of Designs Act 2000 provides the term for registration which may be extended to further 5 years till a maximum period of 15 years.

Kamal Thakur 0

Questions Bank 03:07

What is a Copyright? What are its characteristics?

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What is a Copyright? What are its characteristics?

SOLUTION:

Copyright:

Copyright is a unique kind of Intellectual Property.
The right which a person acquires in a work, which is the result of his Intellectual Labour, is called his Copyright.
The primary function of a Copyright Law is to protect the fruits of a man’s work, Labour, skill or test from being taken away by other people.

Characteristics Of Copyright:

Creation of a Statute:

Copyright is creation of a specific statute under the present law. There is no such things as common law copyright. No copyright can exist in any work except as provided in the section 16 of the Act.

Some Form of Intellectual Property:

A copyright is a form of intellectual property since the product over which the right is granted, e.g., a literary work, is the result of utilization and investment of intellect.

Monopoly Right:

Copyright is a monopoly right restraining the others from exercising that right which has been conferred on the owner of copyright under the provisions of the Act.

Negative Right:

Copyright is a negative right meaning thereby that it is prohibitory in nature. It is a right to prevent others from copying or reproducing the work.

Object of Copyright:

The object of copyright law is to encourage authors, composers and artists to create original works by rewarding them with the exclusive right for a specified period to reproduce the works for publishing and selling them to public. The foundation of Indian Copyright Law, which is of English origin and provenance has a moral basis, and is based on the Eighth Commandment, “Thou Shalt not Steal” (as held by the Supreme Court in R.G. Anand Case 1978).

Multiple Rights:

Copyright is not a single right. It consists of a bundle of different rights in the same work. For instance, in case of a literary work copyright comprises the right of reproduction in hard back and paperback editions, the right of serial publication in newspapers and magazines, the right of dramatic and cinematographic versions, the right of translation, adaptation, abridgement and the right of public performance.

Neighboring Rights:

Copyright consists not merely of the right to reproduction. It also consists of the right to works derived from the original works; rights like the right of public performance, the recording right and the broadcasting right which are as important or even more than the right of reproduction. Such related rights are termed "neighboring rights".

Kamal Thakur 0

Questions Bank 03:07

What is a Trademark? What are its functions?

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What is a Trademark? What are its functions?

SOLUTION:

Trademark:

A consumer is duped if he buys a commodity presuming it to have originated from a certain identified source when actually it is not, and later he finds the commodity substandard.
In the process, the reputation of trader suffers.
The interests of both the consumer and the trader can be saved if some definite symbol which marks out the origin of goods from a definite trade source is attached with the goods emanating from such source.
Such a symbol is called a trademark.

Functions Of Trademark:

A trade mark serves the purpose of identifying the source of origin of goods. Trademark performs the following four functions:

It identifies the product and its origin. For example, the trade mark ‘Brooke Bond’ identifies tea originating from the Company manufacturing tea and marketing it under that mark.
It guarantees its quality. The quality of tea sold in the packs marked Brooke Bond Tea would be similar but different from tea labelled with mark Taj Mahal.
It advertises the product. The trade mark represents the product. The trade mark ‘Sony’ is associated with electronic items. The trade mark SONY rings bell of particular quality of particular class of goods. It thus advertise the product while distinguishing it from products of Sony’s competitors.
It creates an image of the product in the minds of the public, particularly comes or the prospective consumers of such goods. The mark ‘M’ which stands for the food items originating from the American fast food chain McDonalds creates an image and reputation for food items offered by it for sale in the market.

Kamal Thakur 0

Questions Bank 03:06

Explain the method of Drafting Patent Specification.

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Explain the method of Drafting Patent Specification.

SOLUTION:

Method of Drafting Patent Specification:

The specification, which is also called the disclosure, is a written description of an invention. The patent specification is drafted both to satisfy the written requirements for patentability, as well as to define the scope of the claims. The layout of a specification varies from place to place.

Drafting method through a layout and it contains the following elements:

1. Title:

The title describes the essence of the invention in a few words. The title: must relate to and broadly describe the invention (e.g. “A waterproof zip-fastener") should not include acronyms, statements of quality, trademarks, fancy names, the word “patent” or personal names.

2. Description:

The description makes up the majority of the specification. It explains the invention and how to put it into practice. The description may include the following headings:

Technical Field: The description usually begins with a brief statement identifying the technical field of the invention. For example, "The invention relates to … and is suitable for [activity or purpose]."
Background of the invention (optional): We can include some background information describing what is known (i.e. the most pertinent prior art), mention if our invention attempts to solve any particular problems and include objectives for the invention.
Statement of Invention: This section summarizes the essential and preferred features of the invention. It sets out the scope of the invention and should be equivalent to the main claims of your specification or, in the case of a provisional specification, claims you intend using for any subsequent complete specification.
Detailed description of the invention: The final part of the description describes the technical aspects of the invention in detail, explaining how to construct and use examples of the invention or how the inventive process can be carried out. Graphs, flowcharts, tables, experimental data and drawings can be included.

3. Claims:

Patent claims define the protective boundaries of the invention (the "scope of monopoly"). Claims must be clear, supported by the description, and list all of the essential features of the invention.

Note:

Complete specifications must end with at least one claim.
Each claim should be written as one sentence.
A claim can be independent or dependent on an earlier claim(s).
Generally, claims begin with the broadest claim and progress to narrower claims.
Claims should not contain laudatory statements like "it is cheaper" OR "it is the best way of doing it that I have seen".
The claims are usually presented on a separate page or pages, under the heading "What I/We Claim Is:". The page numbering follows on from the description.

Kamal Thakur 0

Questions Bank 03:06

What is the Objective behind Patent Law?

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What is the Objective behind Patent Law?

SOLUTION:

Patent:

Patent means a grant of some privilege, property or authority made by the Government or the Sovereign of the country to one or more individuals.
The instrument by which such grant is made is known as "patent".

Objectives of the Indian Patent Act 1970:

In order for the Indian Patent Act to be successful following are the objectives:

Import of various product should be excluded from the definition of invention.
The Government of India (GOI) should give certain privileges and incentives to encourage inventors to invent new products.
All inventors should not disclose trade secrets about their inventions.
The inventors are encouraged to invent new and useful in case of manufacturing products.
The main purpose of an invention is not only to protect its owners but also to encourage true and fair competition in the field of technology.