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Question

Consider the following statements under India’s Trade Marks Act, 1999.
Assertion (A): A valid trademark registration can provide a statutory basis for enforcing exclusive use of the mark in relation to the goods or services for which it is registered, subject to the Act.
Reason (R): Section 28 expressly confers that exclusive-use right and the right to obtain relief for infringement, subject to the Act’s provisions and registration conditions.
Choose the correct answer.

The correct answer is

Both (A) and (R) are true and (R) is the correct explanation of (A)

Both statements are true, and R explains A by identifying the statutory source of the registered proprietor’s rights. The right concerns use of the trademark in relation to the registered goods or services, subject to legal limitations. It does not confer ownership of the products or services themselves.

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Important Questions from Intellectual Property Rights (IPRs)

  1. The subjective matter of 'property' is used by Sale of Goods Act refers to __________.
  2. What is the validity period of patent as per Patent (Amendment) Act 2006 ?
  3. "If one's artistic expressions are synonymous with one's personality, then they are deserving of protection just as much as the physical person. "

    The above observation is true about which theory of intellectual property?
  4. The Preamble to Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) lays down

    (a) public policy objectives of national system
    (b) special needs of the least developed countries
    (c) resolving IP disputes through multilateral procedures
    (d) establishing mutually supportive relationship between WTO and WIPO

    Which of following is/are true?
  5. Super Cassettes Industries Ltd. Vs. Myspace Inc. 2011 is a leading case on the Copyright Act, 1957 dealing with which section of the Act?
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