Ipr MCQ
Ipr MCQ
Ipr MCQ
(COPYRIGHT)
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 Compulsory licence for the unpublished shall be granted by the registrar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 When the compulsory licence is granted by the board for the unpublished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
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
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. Blacks Law Dictionary
b. Standard Dictionary d. Indian Dictionary
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
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
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)
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.
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:
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
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.
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
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
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
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 cant 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
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.
5.
6.
7.
8.
9.
10
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 cant be transferred by ________
a. Assignment
c. licence
b. Request
d. mortgage
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 defendants 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
c. heading
d. all the above
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
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
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
II
III
IV
VI
VII
VIII
board
IX
XI
XII
XIII
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
XVI
XVII
XX
XXI
XXII
XXIV
XXV
II
III
IV
b.GATT
VI
VII
VIII
IX
XI
XII
XIII
A trademark includes________
a. heading
c. name
b. signature
d. All the above.
XVI
XVII
b. deputy controller
d.director
XX
XXI
c. ornamentation
d. all the above