I.

The Architecture of Property and Intellectual Rights

Q1. What is Property? Property is a foundational legal concept representing anything over
which an individual, group, or organization holds a set of legally recognized and enforceable
ownership rights. It is not merely the object itself but a "bundle of rights". These rights
empower the owner to use the asset, profit from it, transfer or sell it to another party, and—
most importantly—exclude others from using or interfering with it without permission.

Q2. Define Tangible Property. Tangible property refers to physical, corporeal assets that
have a material existence and can be perceived by the senses, specifically touch. This
category is often divided into:

 Real Property: Immovable assets such as land and permanent structures like
buildings.
 Movable Property: Physical items that can be transported, such as vehicles,
industrial machinery, and consumer goods.

Q3. Define Intangible Property. Intangible property consists of assets that lack a physical or
material form but possess significant commercial and legal value. Their value is derived from
the legal rights or intellectual content they represent. Key examples include proprietary
software code, brand trademarks, copyrighted artistic works, and patented industrial
processes.

Q4. What is Intellectual Property? Intellectual Property (IP) refers specifically to the
"creations of the human mind". It represents the transformation of abstract thoughts, labor,
and creativity into a protectable legal asset. It covers a diverse spectrum of human output,
ranging from technical inventions and scientific breakthroughs to literary masterpieces,
distinctive brand symbols, and aesthetic designs.

Q5. Define Intellectual Property Rights (IPR). IPR are the specific legal instruments and
protections granted by a government to creators and inventors for their original intellectual
works. These rights establish a temporary legal monopoly, granting the creator the authority
to control the use, reproduction, and commercial distribution of their creation. This prevents
unauthorized parties from "free-riding" on the creator's efforts.

Q6. State two main features of IPR.

 Time-bound Nature: Unlike land ownership, IPR is not permanent; it is granted for a
specific, limited duration (e.g., 20 years for patents) to eventually allow the work to
benefit the public.
 Territorial Nature: These rights are restricted to the geographic borders of the
country or region where they were officially granted or registered.

Q7. What is meant by the territorial nature of IPR? This principle dictates that IP
protection is only legally valid in the specific jurisdiction where it was obtained. For
example, a patent granted in India does not automatically prevent someone from using that
same invention in the United Kingdom. To secure global protection, a creator must file
separate applications in every country where they seek to enforce their rights.
Q8. Why are Intellectual Property Rights important? IPR is the engine of a modern
knowledge-based economy. It is vital because it:

 Provides a structured incentive for continuous innovation and creativity.

 Safeguards creators against the unauthorized theft or imitation of their work.
 Facilitates high-value economic growth and technological advancement by turning
ideas into marketable assets.

Q9. Explain the role of IPR in innovation. IPR creates a "virtuous cycle" for progress. By
granting a period of exclusivity, it ensures that inventors and companies can recover the high
costs of Research and Development (R&D) and earn a financial reward. Without this legal
protection, competitors could simply copy a new product without incurring any development
costs, making it impossible for the original inventor to compete or reinvest in new ideas.

Q10. List any four types of Intellectual Property.

The four primary pillars of IP protection are:

1. Patents (for technical solutions and inventions).

2. Trademarks (for brand identity and logos).
3. Copyrights (for literary and artistic expressions).
4. Industrial Designs (for the visual appearance of products).

II. Patents: Protecting Inventions and Technical Solutions

Q11. What is a Patent?

A patent is a statutory right granted by a government to an inventor for a specific period. It

represents a "social contract": the government grants the inventor the exclusive right to
exclude others from making, using, selling, or importing the invention. In exchange, the
inventor must fully disclose the technical details of the invention to the public.

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Q12. What is an invention? In patent law, an invention is a novel product or a process that
provides a new technical solution to a specific problem. It must be more than just a
theoretical discovery of something existing in nature; it must involve a human-made
application that is both "new" (novel) and "useful" (industrially applicable).

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Q13. What are the three patentability criteria? To be eligible for a patent, an invention
must simultaneously satisfy three rigorous legal tests:

1. Novelty: It must be entirely new.

2. Inventive Step: It must be non-obvious.
3. Industrial Applicability: It must have practical utility.
Q14. Explain novelty in patents. The novelty requirement states that the invention must not
have been "anticipated" by the prior art. This means the invention must not have been
disclosed, published, sold, or made available to the public anywhere in the world—in any
language—before the official filing date of the patent application.

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Q15. Explain inventive step. Also known as "non-obviousness," this criterion ensures that
the invention is not a simple or logical next step. It must not be obvious to a "person skilled
in the art" (an expert in that specific technical field). It must demonstrate a genuine technical
advancement or provide a significant economic advantage over existing technology.

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Q16. Explain industrial applicability. This ensures that patents are not granted for purely
theoretical concepts or abstract ideas. The invention must be capable of being manufactured
or used in any kind of industry. It must possess "practical utility," meaning it actually works
and performs a useful function.

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Q17. What is prior art? Prior art is a comprehensive term for all information that has been
made available to the public in any form (written, oral, or through use) before a given date.
This includes existing patents from any country, scientific journals, textbooks, website
content, and even evidence of the product being displayed at a trade fair.

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Q18. What cannot be patented in India? To protect the public interest and traditional
heritage, Indian law excludes several categories from patenting, including:

 Discoveries of natural phenomena or living things.

 Mathematical methods, business methods, or computer algorithms.

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 Traditional knowledge (e.g., medicinal properties of Neem or Turmeric).

 Abstract ideas and mere scientific principles.

III. Brands, Arts, and Aesthetics

Q19. What is a trademark? A trademark is a distinctive sign—such as a word, phrase,

symbol, logo, or combination thereof—used by an enterprise to identify its goods or services.
Its primary function is to act as a "source identifier," allowing consumers to distinguish the
products of one company from those of its competitors and ensuring brand accountability.

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Q20. Give examples of trademarks.

 Distinctive Names: Google, Samsung, or Coca-Cola.

 Visual Logos: The Nike "Swoosh" or the Apple icon.
 Catchy Slogans: "Just Do It" or "I'm Lovin' It".

Q21. What is copyright? Copyright is a legal term used to describe the rights that creators
have over their literary and artistic works. Unlike patents, copyright protects the expression
of an idea, not the idea itself. It covers a vast range of works, including books, music,
paintings, sculptures, films, and computer programs.

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Q22. What is industrial design? Industrial design protection focuses exclusively on the
ornamental or aesthetic aspect of a functional article. This includes the specific three-
dimensional shape, two-dimensional patterns, lines, or colors that give a product a unique
visual appeal (e.g., the specific shape of a luxury watch or the pattern on a textile).

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Q23. What is a trade secret? A trade secret is any confidential business information which
provides an enterprise with a competitive edge. Unlike other forms of IP, trade secrets are not
registered with the government; they are protected by keeping them secret. Famous examples
include the formula for Coca-Cola or the Google search algorithm.

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Q24. What is geographical indication (GI)? A GI is a sign used on products that have a
specific geographical origin and possess qualities, a reputation, or characteristics that are
essentially attributable to that place of origin. It prevents others from using the name if their
product does not come from that region and meet the required standards.

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Q25. Give examples of GI products in India.

 Darjeeling Tea: Famous for its unique flavor derived from the climate of the
Himalayas.
 Alphonso Mango: Renowned for its quality from the Konkan region.
 Kanchipuram Silk: Recognized for its traditional weaving style from Tamil Nadu.

IV. The Patent Lifecycle and Legal Procedures

Q26. What is the duration of a patent? In compliance with international standards, patent
protection in India and most other countries generally lasts for a non-renewable period of 20
years from the date of filing the application.
Q27. What is the first step in the patent process? The process begins with the rigorous
documentation of the invention. This involves recording every step of the creative process,
technical experiments, and the final "reduction to practice" to prove when and how the idea
was developed.

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Q28. What is a prior art search? This is a critical "due diligence" step where the inventor
or a professional patent agent searches global databases. The goal is to find any existing
information that might conflict with the invention's novelty. A thorough search helps an
inventor decide if it is worth the high cost of filing a patent.

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Q29. What is patent specification? The specification is a formal technical document that
describes the invention in such "full, clear, and concise" terms that a person with similar
skills could replicate it. It must include the background of the invention, a detailed
description of how it works, and technical drawings where necessary.

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Q30. What are patent claims? Claims are the most legally significant part of a patent
application. They define the exact "metes and bounds" (the legal boundaries) of the
protection. Anything that falls within the language of the claims is protected; anything
outside is not. They are used by courts to determine if a competitor has infringed the patent.

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Q31. What is a provisional patent application? A provisional application is a simplified,

lower-cost filing that allows an inventor to secure a "Priority Date" as quickly as possible. It
gives the inventor 12 months to further develop the invention and seek funding before they
must file a "Complete Specification".

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Q32. What is a complete specification? The complete specification is the final,

comprehensive technical document that follows the provisional. It must contain the formal
"Claims". This is the document that the Patent Office will actually examine to decide whether
to grant the patent.

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Q33. What is the patent examination process? After filing, a Patent Examiner reviews the
application to ensure it complies with all legal requirements. The examiner performs their
own search for prior art and checks if the invention is truly novel, non-obvious, and useful.

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Q34. What is FER (First Examination Report)? The FER is the official communication
from the Patent Office summarizing the examiner's findings. It usually contains a list of
"objections"—legal or technical reasons why the patent cannot yet be granted. The applicant
must respond to these objections within a set timeframe to keep the application alive.

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V. Rights, Enforcement, and International Frameworks

Q35. What is patent infringement? Infringement occurs when a third party—without the
expressed authorization or license from the patent holder—manufactures, uses, offers for
sale, or sells the patented invention. The patent holder can take legal action to stop the
unauthorized use (an injunction) and seek monetary compensation (damages).

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Q36. What rights does a patent holder have? A patent grant provides the owner with the
exclusive right to:

 Manufacture the patented product or use the patented process.

 Sell, offer for sale, or import the invention.
 License or assign the rights to others for a fee or royalty.
 Prevent and exclude all unauthorized parties from exploiting the invention.

Q37. What are the obligations of patent holders? Exclusive rights come with duties,
including:

 Full Disclosure: Sharing the technical "secret" of the invention with the public.
 Maintenance: Paying periodic renewal fees to keep the patent in force.
 Working the Patent: Ensuring the invention is used or "worked" for the benefit of
the public.

Q38. What is compulsory licensing? This is a legal mechanism where the government can
authorize a third party to produce a patented product without the owner's consent. This
typically occurs during national emergencies (like a pandemic) or if the patent holder is not
making the product available to the public at a reasonable price.

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Q39. What is WIPO? The World Intellectual Property Organization (WIPO) is a specialized
agency of the United Nations. Its mission is to lead the development of a balanced and
effective international IP system that enables innovation and creativity for the benefit of all.

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Q40. What is the TRIPS Agreement? The Agreement on Trade-Related Aspects of

Intellectual Property Rights (TRIPS) is an international legal agreement between all the
member nations of the World Trade Organization (WTO). It sets down the minimum global
standards for the regulation by national governments of many forms of intellectual property.

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VI. IPR in Society, Industry, and Research

Q41. What is the role of IPR in economic development? IPR acts as a catalyst for
economic growth by attracting Foreign Direct Investment (FDI) from companies that feel
safe bringing their technology to a country with strong laws . it also encourages the growth of
high-value "knowledge-based" industries like biotechnology, pharmaceuticals, and software.

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Q42. Explain the importance of IPR in universities. In an academic setting, IPR is vital for
protecting the research breakthroughs of faculty and students. It encourages a culture of
innovation and provides a mechanism for "Technology Transfer," where academic
discoveries are turned into real-world products.

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Q43. What is technology transfer? Technology transfer is the formal process of sharing or
transferring skills, knowledge, technologies, and manufacturing methods among institutions
to ensure that scientific developments are accessible to a wider range of users. It is the bridge
that moves an invention from a university lab to a commercial factory.

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Q44. What is the public domain? The public domain consists of the body of creative works
and inventions that are no longer protected by IPR—either because the protection period has
expired or the rights were waived. Works in the public domain are "owned" by everyone and
can be used, shared, and modified by the public for free without permission.

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Q45. Explain the balance principle of IPR. IPR is based on a social contract: the "Balance
Principle". The creator is given a temporary monopoly (a reward) to recover their costs and
profit. In exchange, society gains immediate access to the technical knowledge (through
disclosure) and eventual free access to the invention itself once the rights expire.

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Q46. What is plagiarism? Plagiarism is the unethical act of using someone else's work,
ideas, or words and presenting them as your own without providing proper credit or
attribution. While often confused with copyright infringement, plagiarism is primarily an
ethical and academic violation rather than a strictly legal one.

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Q47. How does digital technology affect IPR? The digital age allows for the perfect,
instant, and near-free reproduction and distribution of content. This ease of copying has
significantly increased the risk of piracy, forcing the development of new IPR laws and
technologies like Digital Rights Management (DRM) to protect digital assets.
 Q48. What is commercialization of IP? Commercialization is the business process of
turning intellectual property into a revenue-generating asset. This can be achieved by
manufacturing the product directly, licensing the technology to other companies in exchange
for royalties, or selling the IP rights entirely (assignment).

Q49. Why are multiple forms of IPR needed? A single product often contains many
different types of intellectual creation that each require a different legal "tool" for protection.
For example, a smartphone is protected by patents (for the hardware/circuits), copyright (for
the software code), trademarks (for the brand logo), and industrial designs (for the phone's
aesthetic shape).

Q50. Summarize the importance of Intellectual Property. Intellectual Property is the

cornerstone of the modern world. It encourages the human spirit to create and innovate by
protecting the rights of those who dare to think differently. It provides the legal and economic
framework necessary for the technological, cultural, and social advancement of humanity.

Gemini said
To give you the most detailed and "big" version possible, I have merged your 50
basic questions with the high-level academic content from your Unit 1 and Unit 2
Notes. This version includes technical legal terms (like PSITA, Section 3, and
Priority Date) and the "Case Story" logic from your course materials.

🛡️IPR Master Question Bank: The Comprehensive "Big"

Version

Phase 1: Foundations of Property & The Knowledge Economy

Focus: How law transforms ideas into assets (Source: Unit 1 Notes)

Q1. What is the comprehensive definition of Property? Property is a legally

recognized and protected "bundle of rights" over an asset. It is not just the object
itself, but the power granted by the state to possess, use, manage, earn income
from, and exclude others. In modern legal systems, this includes both physical
things and abstract mental creations.

Q2. Define Tangible Property and its sub-categories. Tangible property refers to
corporeal assets with a material existence.
 Real Property: Immovable assets like land, buildings, and permanent fixtures.
 Movable Property: Assets like machinery, vehicles, and equipment. Value in
tangible property is traditionally protected by physical possession and title deeds.
 Q3. Define Intangible Property in the context of the "Knowledge Economy."
Intangible property consists of non-physical assets that hold immense strategic
value. In the modern Knowledge Economy, ideas often travel faster and earn more
than physical goods. For example, the software code for an app is worth significantly
more than the plastic and metal of the computer it runs on.

Q4. What is Intellectual Property (IP)? Intellectual Property is the legal recognition
of "creations of the human mind." It bridges the gap between a creative idea and a
marketable asset. It represents ownership over knowledge, skill, and innovation
rather than physical objects.

Q5. Define Intellectual Property Rights (IPR). IPR are the statutory rights granted
by the government to creators. They provide a temporary legal monopoly, allowing
creators to prevent unauthorized "free-riding" on their mental labor. This ensures that
the person who took the risk to innovate is the one who reaps the reward.

Q6. What are the three defining features of IPR?

1. Time-bound: Protection is not permanent (e.g., 20 years for patents), ensuring
knowledge eventually enters the Public Domain.
2. Territorial: Protection is jurisdiction-specific; an Indian patent is only valid in India.
3. Negative Rights: IPR is essentially the right to exclude others from exploiting the
work without permission.
Q7. Why is the territorial nature of IPR a challenge for inventors? Because there
is no "Global Patent," an inventor must apply for protection in every country where
they want exclusivity. However, international treaties like the PCT (Patent
Cooperation Treaty) help streamline this by allowing a single "international
application."

Q8. Why is IPR considered a "Social Contract"? It is a balance of interests: the

government gives the creator a temporary monopoly (reward), and in exchange, the
creator must disclose the secret of the invention to the public so that others can
learn from it and eventually use it for free.

Q9. Explain the role of IPR in innovation and R&D. Innovation is expensive and
risky (especially in pharmaceuticals). IPR provides the Incentive Logic: by granting
exclusivity, it allows companies to recover high Research & Development (R&D)
costs, which are then reinvested into the next generation of breakthroughs.

Q10. List the primary forms of Intellectual Property.

1. Patents: Technical inventions/processes.
2. Trademarks: Brand identity (names/logos).
3. Copyright: Artistic/literary expressions.
4. Industrial Designs: Aesthetic look/appeal.
5. Trade Secrets: Confidential business info.
6. Geographical Indications (GI): Regional specialty products.
 Phase 2: Patents – The Strongest Technology Protection
Focus: Technical criteria and the "3-Gate Filter" (Source: Unit 2 Notes)

Q11. What is a Patent? A patent is a statutory right granted for a novel invention
that provides a technical solution to a problem. It is not a "certificate of excellence"
but a legal boundary around an invention. What you can defend depends entirely
on your Claims.

Q12. What is an Invention in the eyes of the Law? An invention must be a

Product or a Process that involves an "Inventive Step" and is capable of "Industrial
Application." It must move from a "Problem" to a "Solution" via a technical
mechanism.

Q13. Explain the "3-Gate Filter" for Patentability. To get a grant, an invention
must pass:
1. Novelty: Must be new globally.
2. Inventive Step: Must be non-obvious.
3. Industrial Applicability: Must be useful.
Q14. What constitutes "Prior Art"? Prior Art is all information available to the
public anywhere in the world before the filing date. This includes existing patents,
YouTube videos, textbooks, or even evidence that the product was sold in a local
market.

Q15. Define "Inventive Step" and the PSITA concept. An inventive step means
the invention isn't an obvious "next step" to a PSITA (Person Skilled in the Art)—a
hypothetical person who knows everything in that field but lacks "inventive genius."
The invention must show a technical advancement or economic significance.

Q16. What is "Industrial Applicability"? The invention cannot be a theoretical

fantasy or a "perpetual motion machine." It must be capable of being made or used
in an industry. If it doesn't work in the real world, it cannot be patented.

Q17. What are the four categories of inventions in drafting?

1. Devices: Physical hardware/tools.
2. Methods/Processes: Steps to achieve a result.
3. Systems: Interconnected components working together.
4. Improvements: Enhancement of existing tech that provides a measurable
advantage.
Q18. What cannot be patented in India (Section 3 of the Patents Act)?
 Frivolous inventions (against natural laws).
 Traditional Knowledge (e.g., medicinal use of turmeric).
 Methods of Agriculture or horticulture.
 Plants and Animals (except microorganisms).
 Mathematical Methods or business models.
 Phase 3: Marks, Designs, and Regional Identity
Focus: Commercial identifiers and aesthetics (Source: Unit 1 & Q&A)

Q19. What is a Trademark? A trademark is a Source Identifier. It protects the

"Goodwill" of a business by allowing consumers to distinguish one brand's goods
from another's. It prevents consumer confusion in the marketplace.

Q20. Give examples of Trademark types.

 Word Marks: "Google," "Nike."
 Device Marks: The Apple logo.
 Sound Marks: The Intel chime.
 Shape Marks: The unique Coca-Cola bottle.
Q21. What is Copyright and what does it protect? Copyright protects the original
expression of an idea, not the idea itself. It applies to books, music, movies, and
computer software code the moment the work is "fixed" in a medium.

Q22. What is Industrial Design? Design protection is for aesthetic "eye-appeal."

It covers the shape, configuration, or pattern applied to a product (e.g., the unique
curve of a car body or a jewelry design). It does not cover how the product works.

Q23. What is a Trade Secret? Confidential information that gives a business a

competitive edge. There is no government registration; it is protected by Secrecy
(e.g., the KFC recipe). If the secret is leaked, the protection is lost.

Q24. Define Geographical Indication (GI). A sign used on products that have a
specific geographical origin and possess qualities or a reputation due to that place
(e.g., Darjeeling Tea, Nagpur Orange). It protects regional heritage.

Q25. Why are multiple forms of IPR often used on one product? Because
products are complex. For a smartphone:
 The software code is Copyrighted.
 The hardware/circuits are Patented.
 The brand name/logo is Trademarked.
 The sleek outer body is a Design.

Phase 4: The Application Process & Strategy

Focus: The "Ram’s Journey" logic (Source: Unit 2 Notes)

Q26. What is the duration of a Patent? 20 years from the date of filing. After this, it
enters the Public Domain.

Q27. Why is "Documentation" the first step? You must record your "Epiphany" in
a logbook with dates and signatures to prove when the invention was conceived.
This is the foundation for your legal claim.
 Q28. What is the purpose of a Prior Art Search? It is a "sanity check" to ensure
the idea is truly novel. It helps the inventor refine their Claims and avoid spending
money on an application that will be rejected.

Q29. What is a Patent Specification? It is the technical document describing the

invention. It must be "Sufficient"—meaning an expert should be able to build the
invention just by reading your description.

Q30. What are Patent Claims? Claims are the heart of the patent. They define the
legal boundary of your "property." Anything inside the claims is yours; anything
outside is free for others to use.

Q31. Distinguish between Provisional and Complete Specification.

 Provisional: A rough draft filed to get a Priority Date. You get 12 months to refine
the tech.
 Complete: The final, detailed version with formal claims filed within 12 months of the
provisional.
Q32. What is the First Examination Report (FER)? The Patent Office's official
response. Examiners usually find "Objections." The inventor must reply with
technical clarity to prove the invention deserves a grant.

Q33. What is Technology Transfer? The process of moving research results from
a Lab to the Market. It often involves a university licensing a patent to a company
so they can manufacture it.

Q34. What are the obligations of a Patent Holder?

1. Disclosure: Share the secret.
2. Maintenance: Pay annual renewal fees.
3. Working the Patent: The invention must be made available to the public.
Q35. What is Compulsory Licensing? A government "safety valve." If a patent
holder isn't producing a life-saving drug or is charging too much, the government can
allow others to make it (paying a small royalty) to protect public health.

Phase 5: Global Policy & Ethics

Focus: TRIPS, WIPO, and academic integrity (Source: Unit 1)

Q36. What is WIPO? The World Intellectual Property Organization, a UN agency

in Geneva that coordinates international IP treaties and helps countries harmonize
their laws.

Q37. What is the TRIPS Agreement? Trade-Related Aspects of Intellectual

Property Rights. It is a WTO treaty that sets the minimum standards for IP
protection that all member countries (including India) must follow.
Q38. What is the role of IPR in Universities? It protects the research output of
faculty/students, prevents "brain drain," and provides a pathway for commercializing
academic work.

Q39. What is the Public Domain? The "Library of Humanity." It contains all works
whose IPR has expired. These are free for everyone to use, remix, and build upon.

Q40. What is Plagiarism? An ethical/academic crime. It is taking credit for

someone else's idea. Note: You can be a plagiarist without infringing a patent, and
you can infringe a patent without being a plagiarist.

Q41. How does digital technology affect IPR? It makes "Copy-Paste" instant and
global. This has led to the need for DRM (Digital Rights Management) and stricter
online copyright enforcement.

Q42. What is the "Balance Principle" of IPR? IPR balances Private Interest (the
inventor's profit) with Public Interest (society's need for new technology).

Q43. What is Commercialization? The process of turning a "Paper Asset" (a patent

certificate) into a "Cash Asset" (selling products or licensing the tech).

Q44. What is a Patent Attorney’s role? To translate an engineer's technical

language into legal claims that can stand up in a court of law.

Q45. Why is IPR important for Startups? It creates "Valuation." Investors are more
likely to fund a startup if it owns a patent, as it proves they have a unique edge that
competitors can't easily copy.

Q46. What is an Injunction? A court order that stops an infringer from continuing to
make or sell a patented product.

Q47. Define "Priority Date." The date of the first filing. In a "First to File" system,
the person with the earliest priority date wins the rights to the invention.

Q48. What is a "Frivolous" invention? An invention that claims to do something

impossible, like a machine that creates energy from nothing (violating the laws of
physics). These are rejected under Section 3.

Q49. Explain the importance of GI tags for local farmers. It prevents "counterfeit"
products. For example, only tea grown in Darjeeling can be called "Darjeeling Tea,"
ensuring local farmers get a premium price.

Q50. Summarize the goal of Unit I and II. To understand that IPR is the foundation
of the modern economy, turning human creativity into a legally defendable
technical boundary that drives progress.