LIST-I Type of IPR LIST-II Concept A. Geographical Indication I. Post grant opposition B. Trademark II. Protection of Right Management Information (RMI) C. Patent III. Prohibition of Assignment D. Copyright IV. Honest Concurrent use
Choose the correct answer from the options given below:
This question requires matching different types of Intellectual Property Rights (IPR) listed in LIST-I with their corresponding concepts or legal principles in LIST-II. Let's break down each match:
Geographical Indication (GI) refers to a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. For example, 'Darjeeling Tea'.
Prohibition of Assignment (LIST-II, III) means that the right cannot be sold or transferred to another party. GIs are typically collective rights and are intrinsically linked to the region and the producers within that region. Therefore, they cannot be assigned like a trademark might be, aligning with the concept of Prohibition of Assignment.
A Trademark is a brand name, logo, or other symbol used to identify the source of goods or services and distinguish them from others. Examples include brand names like 'Nike' or 'Apple'.
Honest Concurrent Use (LIST-II, IV) is a legal principle, particularly relevant to trademarks, where multiple individuals or companies can use the same or similar trademarks simultaneously in the same geographical area for related goods, provided their use is honest and does not cause consumer confusion. This allows established users to continue using their marks.
A Patent grants exclusive rights to an inventor for an invention, typically for a set period, in exchange for public disclosure of the invention.
Post grant opposition (LIST-II, I) is a formal procedure available in many patent systems where third parties can challenge the validity of a granted patent after it has been issued. This allows challenging patents based on grounds like lack of novelty or inventive step.
Copyright protects original works of authorship, including literary, dramatic, musical, and certain other intellectual works, like books, music, and films.
Protection of Right Management Information (RMI) (LIST-II, II) pertains to information attached to copyrighted works that identifies the work, its author, owner, or terms and conditions of use. Protecting RMI is crucial for managing copyrights effectively and preventing infringement.
Based on the explanations above, the correct matching is:
Therefore, the correct option is A-III, B-IV, C-I, D-II.
In India, the term of every utility patent granted shall be of ________ years.