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IPR Exam Questions and Key Concepts

1. The document provides a list of 19 questions related to various aspects of intellectual property law in India. The questions cover topics such as infringement of trademarks, copyrights and patents; registration procedures for trademarks and patents; injunctions for copyrights and trademarks; differences between civil and criminal remedies for different forms of IP; standards of creativity, rights, exceptions, and remedies for patents, copyrights, trademarks, and designs; registrability of subject matter across different forms of IP; pre-grant opposition procedures in India; trade marks vs property marks; patentability of AI; compulsory licensing and fair dealing exceptions; remedies including injunctions and damages; arbitrability of IP disputes; patent linkage with biod

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Ananthi Narayanan
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346 views3 pages

IPR Exam Questions and Key Concepts

1. The document provides a list of 19 questions related to various aspects of intellectual property law in India. The questions cover topics such as infringement of trademarks, copyrights and patents; registration procedures for trademarks and patents; injunctions for copyrights and trademarks; differences between civil and criminal remedies for different forms of IP; standards of creativity, rights, exceptions, and remedies for patents, copyrights, trademarks, and designs; registrability of subject matter across different forms of IP; pre-grant opposition procedures in India; trade marks vs property marks; patentability of AI; compulsory licensing and fair dealing exceptions; remedies including injunctions and damages; arbitrability of IP disputes; patent linkage with biod

Uploaded by

Ananthi Narayanan
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Infringement of TM, CR, Patent
  • Registration Procedures
  • Arbitration in IP Cases
  • Obligation over Biodiversity and Biotechnology
  • Patent Linkage with Biodiversity
  • Exceptions & Fair Dealing
  • Concept of FITFIR

IPR

Important questions

PORTION – UNIT 2, 3 AND 4


Trade secret, Patent, Trade Mark, GI, Copyright, Design

Format:
Part A – 2 questions (7.5m * 2 = 15m); Part B – 3 questions (5m * 3 = 15m)

Only use Indian judgments


Read:
I. Article: Quibbling siblings, Dev Gangee (sent by shruti in group)

Questions:
1. Infringement
a. Infringement of TM, CR, Patent
2. Registrations – registration procedure -> pre grant & post grant – opposition
procedures
a. Registration procedures of TM and Patent
3. Injunctions - Copyright, trademark
4. Difference between Civil and criminal remedies for all forms of IP – know exact
provisions
5. Know the following for patent, copyright, trademark and designs (should know the
provisions):
- Standards of creativity
- Registration
- Rights
- Exceptions
- Jurisdiction
- Infringement
- Remedies
Section 9-11 deals with trademark; rights of patent holder
6. What is not registrable in one form of IP but is registrable in another form?
7. Why do we have pre-grant opposition in India but not in several foreign nations?
8. What is trade mark and property mark?
9. Whether AI can patent?
10. Exceptions: compulsory licensing (4 provisions) & fair dealing
11. Remedies: Injunctions, temporary measures; civil remedy: nominal damages – check
for account of profit of the infringer/ punitive damages; criminal remedy – which IP
can invoke remedy.
12. Can civil and criminal remedy be claimed at the same time?
13. Are IP cases arbitrable?
a. Issues involved in grant of IP is not arbitrable because it is right in rem and not
Right in personam but infringement issues are arbitrable
b. IP: prosecution, registration – non arbitrable; Infringement - arbitrable
14. Patent linkage with bio-diversity?
a. Seeds not protected under plants variety act, patents not granted to plants;
whether micro-organisms are patentable? Vendability test?
b. Patent protection for plants?
c. Plant variety, bacteria is infused?
d. Gene fund – preserving the bio-diversity
e. ABS Mechanism
f. Atomic energy/ nuclear energy/ patent – what basis application is treated?
15. Monsonto v. Nazhiveedu – overlapping of patent and plant variety; Sci-hub v. libgen
– fair dealing & copyright infringement (look into these ongoing disputes)
a. Format to answer question in this relation:
i. History – 2m
ii. Issue – 1m
iii. Analysis – 3m
iv. Evaluation – 4m
16. Traditional knowledge:
a. Improved and innovated TK is patentable or non-patentable?
17. WIPO Treaty – recent ongoing
18. Overlapping of TM and GI. Eg: Amazon – abstract mark
a. Can GI be registered as TM?
b. GI is only to goods and not to services
c. Darjeeling tea launch case
i. Whether it is a TM infringement? Held that it is infringement of
neither TM not GI. (Read the case).
19. Concept FITFIR – First in Time, First in Registration: conflict between them

IPR Important questions PORTION – UNIT 2, 3 AND 4 Trade secret, Patent, Trade Mark, GI, Copyright, Design Format: Part A – 2
7. Why do we have pre-grant opposition in India but not in several foreign nations? 8. What is trade mark and property mark?
i. Whether it is a TM infringement? Held that it is infringement of neither TM not GI. (Read the case). 19. Concept FITFIR –

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