Intellectual Property Rights and Information Technology Laws MCQ Quiz in বাংলা - Objective Question with Answer for Intellectual Property Rights and Information Technology Laws - বিনামূল্যে ডাউনলোড করুন [PDF]

Key Points

 To allow for trademark registration before actual use in commerce - The "intent-to-use" provision allows applicants to apply for trademark registration before the mark is actually used in commerce, provided they have a bona fide intention to use it.

Therefore, Option 2 is correct.

To solve the given problem, we need to understand each component mentioned in the question and then place them in the correct chronological order as per the Patents Act. Let's analyze each option:

Key Points(A) Consequence of secrecy directions: Section 37 .This refers to the implications or outcomes that arise when a patent application is subjected to secrecy orders due to national interest or security concerns. This is more of an exceptional scenario in the patent process.
(B) Grant of patent: Section 43. This is the step where, after examination and upon satisfaction that the application meets all patentability criteria, the patent office officially awards the patent to the applicant.
(C) Date of patent: Section 45. This is the date from which the patent is considered to be in effect. Typically, it is the date of filing of the application, but it could be different in certain circumstances.
(D) Term of patent: Section 53. This refers to the period during which the patent is in force. In most jurisdictions, this term is 20 years from the filing date of the application.
(E) Rights of patentee: Section 48. These are the rights granted to the patent owner, enabling them to exclude others from making, using, selling, or distributing the patented invention without their permission. Now, placing them in chronological order as per the typical patent process:
Conclusion:
Hence, the correct chronological order is (A), (B), (C), (E), (D).
Therefore, the correct option is option 3.

The correct answer is '60 days'

Key Points

• Time limit for filing an appeal:
  • The Information Technology Act, 2000, prescribes a time limit of 60 days for filing an appeal against an order of the Cyber Appellate Tribunal.
  • This period is provided to ensure that all parties have sufficient time to prepare their appeals while maintaining a sense of urgency in the resolution of cyber-related disputes.
  • Extensions may be granted by the tribunal if sufficient cause is shown, but this is at the discretion of the tribunal.

Additional Information

• 30 days:
  • While some legal frameworks prescribe a 30-day appeal period, this is not the case for the Cyber Appellate Tribunal under the Information Technology Act, 2000.
  • A 30-day period might be considered too short for complex cyber cases that require detailed preparation.
• 90 days:
  • A 90-day period could be seen as too lenient, potentially delaying the resolution of cyber disputes.
  • This longer period is not in line with the urgency often required in cyber law cases.
• 180 days:
  • A 180-day period is excessive for filing appeals in the context of cyber law, where technology and circumstances can change rapidly.
  • Such a long period could hinder the efficient functioning of the tribunal and delay justice.

Key Points

Correct Answer Explanation:
A private key, in the context of asymmetric cryptography, is the key of a key pair that is used to create a digital signature. This key is kept secret by the owner and is used to encrypt data that can only be decrypted by the corresponding public key. The primary purpose of the private key is to ensure the security and integrity of the data, as well as to authenticate the identity of the sender. Hence, the assertion that it refers to the "Key of key pair used to create a digital signature" is accurate.
In summary, a private key's role in creating digital signatures and ensuring secure communication in asymmetric cryptography systems precisely defines its purpose, distinguishing it from the broader or related concepts presented in the other options.

The kind of Intellectual Property protection available for trademark is 'Both Statutory and Common law protection'

Key Points

• Both Statutory and Common law protection:
  • Trademarks in many jurisdictions, including India, are protected under both statutory laws and common law.
  • Statutory protection is provided by registering the trademark under specific trademark laws, such as the Trade Marks Act, 1999 in India.
  • Common law protection arises from the actual use of the trademark in commerce, even without registration, based on the principle of passing off.
  • This dual protection ensures a broader safeguard for the trademark owner against infringement and misuse.

Additional Information

• Statutory protection alone:
  • Statutory protection alone would not cover unregistered trademarks, limiting the protection to only those trademarks that have been officially registered under the relevant trademark laws.
• Common law protection alone:
  • Common law protection alone relies on the use of the trademark in commerce and the principle of passing off, which may not provide the same level of legal certainty and enforceability as statutory protection.
• Protection under Trade and Merchandise Act, 1958:
  • The Trade and Merchandise Act, 1958 has been repealed and replaced by the Trade Marks Act, 1999 in India, making this option outdated and incorrect.

The correct option is 'A - III, B - I, C - IV, D - II'.

Key Points

• Distinctiveness is a pre-requisite for protection under Trademark.
  • Trademarks must be distinctive to differentiate the goods or services of one enterprise from those of other enterprises.
  • This distinctiveness helps consumers identify the source of the goods or services.
• Originality is a pre-requisite for protection under Copyright.
  • Copyright protects original works of authorship, including literary, dramatic, musical, and artistic works.
  • Originality means the work must be independently created and possess some minimal degree of creativity.
• Industrial Application is a pre-requisite for protection under Patents.
  • For an invention to be patentable, it must have industrial applicability, meaning it can be made or used in some kind of industry.
  • This ensures that the invention can be practically applied and used.
• Quality and Reputation of Goods is a pre-requisite for protection under Geographical Indication.
  • A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics inherent to that location.
  • GIs help in recognizing and protecting the quality and reputation of products associated with a specific region.

Therefore the correct pairing is:

A - III: Distinctiveness - Trademark

B - I: Originality - Copyright

C - IV: Industrial Application - Patents

D - II: Quality and Reputation of Goods - Geographical Indication

The correct answer is 2024

Key Points

The WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge was adopted in May 2024 during a WIPO Diplomatic Conference in Geneva.

Purpose:

• Protect traditional knowledge and genetic resources.
• Ensure fair benefit-sharing.
• Prevent exploitation of indigenous practices.

Significance:

It addresses the intersection of intellectual property, biodiversity, and indigenous rights, aligning with global agreements like the Nagoya Protocol.

The correct answer is 'Paris Convention'

Key Points

• Paris Convention for the Protection of Industrial Property:
  • The term "industrial property" was initially used in the Paris Convention, which was signed in 1883.
  • The Paris Convention is one of the first intellectual property treaties and covers patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indications.
  • The convention establishes international standards for the protection of industrial property and provides a framework for cooperation among member countries.

Additional Information

• TRIPS Agreement:
  • The TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement is a comprehensive multilateral agreement on intellectual property that came into effect in 1995.
  • While it builds on principles established in earlier treaties like the Paris Convention, it is not the first to use the term "industrial property".
• Brussels Convention:
  • The Brussels Convention primarily deals with jurisdiction and the enforcement of judgments in civil and commercial matters within the European Union.
  • It does not focus on industrial property or intellectual property rights.
• English Convention:
  • There is no specific "English Convention" related to industrial property. This option is incorrect and does not pertain to the context of international intellectual property agreements.

The correct answer is 'Only (i) and (ii) are correct'

Key Points

• National Biodiversity Authority (NBA):
  • The National Biodiversity Authority (NBA) was established by the Central Government of India in 2003.
  • The NBA is responsible for regulating the access to and use of India’s biodiversity resources at the national level. It ensures that the benefits derived from the use of these resources are shared equitably.
• Incorrect Statements:
  • Head office location: The head office of the National Biodiversity Authority is located in Chennai, not Mumbai.
  • Chairperson’s qualification: The Chairperson of the Authority is not mandated to be a retired Judge of the High Court. The Chairperson is appointed by the Central Government and should have expertise in matters related to biodiversity.

Additional Information

• Functions of NBA:
  • Advising the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components, and equitable sharing of benefits arising out of the use of biological resources.
  • Granting approval for certain activities involving the use of biological resources and associated knowledge.
• Structure of NBA:
  • The NBA consists of a Chairperson, a range of expert members, and representatives from various ministries and departments of the Government of India.
  • The Authority works in coordination with State Biodiversity Boards (SBBs) and Biodiversity Management Committees (BMCs) at the local level.