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Statement I : In India a “copyright” of an unpublished book can be registered under copyright Act of India.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Statement I discusses the copyright registration of an unpublished book in India under the Indian Copyright Act.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Act, 1957, provides for the registration of copyright for literary works, including books, whether published or unpublished.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
- Which of the following is excluded from copyright protection under Section 13 (5) ?
- Powers and procedures of the Copy right board of the Copy right Act 1957 comes under which Section ?
- Section 9 of the Geographical Indication of Goods (Registration and Protection) Act 1999 provides for
- Section 3(1) of the Trade Marks Act, 1999 deals with the provision relating to
- Which of the following Section of the Patent Act, 1970 provides for the subject matters that are not invention under the Act?
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