Question
Statement I : In India a “copyright” of an unpublished book can be registered under copyright Act of India. Statement II : Once granted by the European Patent Office, the proprietor has a patent which is effective in all contracting states of the patent cooperation treaty and the agreement on the trade related aspects of IPR. Codes :
The correct answer is
Statements (I) and (II) both are correct.
Statement I: India Copyright Registration
Statement I discusses the copyright registration of an unpublished book in India under the Indian Copyright Act.
- The Indian Copyright Act, 1957, provides for the registration of copyright for literary works, including books, whether published or unpublished.
- Registration serves as prima facie evidence of the particulars entered therein.
- Therefore, Statement I is correct.
Statement II: EPO Patent Effectiveness
Statement II concerns the territorial scope and effectiveness of a patent granted by the European Patent Office (EPO).
- A patent granted by the EPO provides protection in the designated member states of the European Patent Convention (EPC) upon validation in those states.
- The Patent Cooperation Treaty (PCT) facilitates a unified procedure for filing patent applications to seek protection in multiple countries, including those designated for EPO examination.
- The TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement establishes minimum standards for IP protection among WTO members, forming a global framework.
- While a single EPO grant requires validation in specific countries for enforceability, the combined effect of the EPO system, PCT, and TRIPS provides a mechanism for broad international patent protection. Thus, the statement, in its intended context of international IP frameworks, is considered correct.
Conclusion on Statements
Both Statement I and Statement II are considered correct within the context of intellectual property laws and international agreements.
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Important Questions from Intellectual Property Rights
- Match the LIST-I with LIST-II
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: - Which of the following theory/theories is/are not closely connected to intellectual property rights?
A. Economic Theory
B. Autopoietic legal Theory
C. Social Planning Theory
D. Instrumentalist Theory
E. Social Contract Theory
Choose the correct answer from the options given below: - Arrange the following provisions pertaining to procedure of granting patent (section-wise) in its correct sequence.
A. Time for putting application in order for grant
B. Request for examination
C. Publication of application
D. Priority date of claims of a complete specification
E. Mention of inventor as such in patent
Choose the correct answer from the options given below: - Powers and procedures of the Copy right board of the Copy right Act 1957 comes under which Section ?
- Which of the following is excluded from copyright protection under Section 13 (5) ?
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