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

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

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

Tuesday, 19 March 2019

Questions Bank 05:16

What are the rights granted for Registration of Design?

What are the rights granted for Registration of Design?

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What are the rights granted for Registration of Design?

SOLUTION:

Rights Granted For Registration Of Design:

A person has the right for exclusive use of the design which is subject to the provision of Design Act, 2000. Hence the Design registered under this act can be used from the date of registration.
If the design provision gets expired then the applicant can extend the period of design by paying the prescribed fees.
Every person has a right to protect the design from piracy. Any person responsible for infringing the registered design then he is liable to pay a fine of a sum not exceeding 25,000.
Under section 20 of the design Act, 2000. There are exceptions in case of using the design related to the government. Hence the government can use the registered design which prohibits other person to use this design under certain circumstances.
Section 11 of the Design Act, 2000 has provided extension period if the registered design gets expired. Hence the maximum period of extending the registered design is for 15 years.

Kamal Thakur 0

Questions Bank 04:14

What are essential factors for Infringement of Trademark?

What are essential factors for Infringement of Trademark?

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What are essential factors for Infringement of Trademark?

SOLUTION:

Infringement:

Infringement of a trade mark occurs if a person other than the registered proprietor in the course of trade, in relation to the same goods or services for which the mark is registered, uses the same mark or a deceptively similar mark.

Essentials Of Infringement:

The taking of any essential feature of the mark or taking the whole of the mark and then making a few additions and alterations would constitute infringement.
The infringing mark must be used in the course of trade, i.e., in a regular trade wherein the proprietor of the mark is engaged.
The use of the infringing mark must be printed or usual representation of the mark in advertisements, invoices or bills. Any oral use of the trade mark is not infringement.
Any or all of the above acts would constitute infringement if the same is done in such manner as to sender the use of the mark likely to be taken as being used as a Trademark.

Kamal Thakur 0

Questions Bank 04:13

Explain "Protecting good will through Copyrights".

Explain "Protecting good will through Copyrights".

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Explain "Protecting goodwill through Copyrights".

SOLUTION:

Protection of Goodwill:

Many country protect unregistered well known marks in accordance to international obligations.
Not only big company but also small scale enterprises have a good chance of establishing goodwill with customers so that their trademarks are well recognized and well known that acquires protection without registration, however it is important to register your trademark, if not the reputation of trademark can be weekend by unauthorized use of that mark by others.
Every trademark user should be aware of the facts that are related to a number of trademarks.

Trademark are registered and protected user the following conditions:

The goods and services for which the marks is used and is not identified or similar to the goods for which the well-known mark is being used.
The use of another mark indicates a connection between these goods and the owner of well-known Trademark.
The user of the owner of the Trademark where his interest are likely to be damaged by such use.

Kamal Thakur 0

Questions Bank 03:07

What are different kinds of Assignments?

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What are different kinds of Assignments?

SOLUTION:

Types of Assignment:

There can be 3 kinds of Assignments as listed below:

Legal Assignment
Equitable Assignment
Mortgage Assignment

1. Legal Assignment:

An Assignment of an existing patent through an agreement which has been duly registered is a Legal Assignment.
A Legal Assignee has the right to have his name entered in the Register of patents maintained in the Controller’s Office as proprietor of the patent and can thereafter exercise all the rights conferred on him by the proprietor of patent.

2. Equitable Assignment:

Any document such as letter not being an agreement, which is duly registered with Controller in which patentee agrees to give another person certain defined right in the patent with immediate effect, is an Equitable Assignment.
An Assignee in such a case cannot have his name entered in the Register as the proprietor of patent.
He can only have a notice of his interest entered in the register.
He can convert the Equitable Assignment to Legal Assignment by getting a written Agreement to this effect and having it Duly Registered.

3. Mortgage:

A Mortgage is also a form of Assignment.
A Mortgage is a document transferring the Patent Rights either wholly or partly to the Mortgagee with a view to secure the payment of a specified sum of money.
The Mortgagor (patentee) is entitled to have the patent re-transferred to him on refund of the money to the Mortgagee.
The Mortgagee (a person in whose favor a mortgage is made) is not entitled to have his name entered in the Register as the proprietor, but he can get his name entered in the Register as a Mortgagee.

Kamal Thakur 0

Questions Bank 03:07

Discuss transfer of Patent Rights in the form of Assignment.

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Discuss transfer of Patent Rights in the form of Assignment.
SOLUTION:

Assignment:

Assignment, as defined in Black's Law Dictionary, means the transfer by a party of all of its rights or interest in the property.
In case of intangible property like a patent, the transfer is made through an agreement to this effect.

Assignment Vs. License:

The difference between Assignment and License:

A License merely confers a personal privilege to do some particular act(s) which the licensee can perform. There is no transfer of interest in license.
On the contrary, assignment means the transfer of interest in the patent: whole or in part of the patent rights, e.g., for the whole of India or a part thereof.

Assignee:

The person in whose favor a right has been assigned is the assignee and the person who assigns the right (patentee himself or his agent) is the assignor.
In case an assignment has been made in favor of a person who has since died, the term assignee would denote the legal representative that is the person who in law represents the estate of the deceased person.
Where assignment is made in favor of two or more persons, they become owners of such interest in the patent.

Kamal Thakur 0