1. What is Intellectual property? Different types of intellectual property.

Intellectual property (IP) is a category of property that includes intangible creations of the human
intellect. The term “intellectual property” began to be used in the 19th century. The main purpose of
intellectual property law is to encourage the creation of a wide variety of intellectual goods.
There are many types of intellectual property. The most well-known types are copyrights,
patents, trademarks, and trade secrets.
2. What is WTO?
The full form of the term ‘WTO' is the World Trade Organization. The World Trade Organization (WTO) is
the only global international organization dealing with the rules of trade between nations. The goal is to
help producers of goods and services, exporters, and importers. The WTO is run by its member
governments. All major decisions are made by the membership as a whole, either by ministers or by
their ambassadors. The WTO's current Director-General is Roberto Azevêdo.
3. Patent law is governed in India by which act? Elements of Patent law. Object of Patent Law.
The term ‘patent’ refers to a grant of some privilege, property or authority made by the Government or
the sovereign of the country to one or more individuals. The instrument by Which such grant is made is
known as ‘patent’. Patent law is governed in India by the Indian Patents Act 1970.
The essential elements of Patent are the followings- A. Title that indicates the content of the
invention. B. Abstract that describes the invention in a precise manner. C. Written description that
contains the complete and elaborate description of the invention. D. Drawings, the written description
might be supplemented with drawings, where and when required. E. Claims that define the metes and
bounds of the invention. Other elements are background, specification, deposit, declaration etc.
The object of Patent Law is to encourage scientific research, new technology and industrial
progress. That means to encourage the inventor, to protect the inventor’s invention and also to
encourage research and development.
4. In which year the Designs Act came in India?

The Design Law in India is governed by the Designs Act, 2000. The old Design Act, 1911 was amended in
2000 to incorporate the amendments. It was published in the Gazette of India and came into force on
12.05.2000.
5. What is industrial design?

Industrial design is a process of design applied to products that are to be manufactured through

techniques of mass production. In other words, Industrial design (ID) is the professional service of
creating and developing concepts and specifications that optimize the function, value and appearance of
products and systems for the mutual benefit of both user and manufacturer.
6. What is functional design?

Functional Design is a paradigm used to simplify the design of hardware and software devices such as
computer software and 3D models. A functional design assures that each modular part of a device has
only one responsibility and performs that responsibility with the minimum of side effects on other parts.

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 7. Distinguish between trade mark and industrial design?
There is a huge difference between trademark  and industrial design. For example, a Trademark
registration is meant to protect the mark that symbolises a business while design registration is meant
to protect the design of the product. Put another way, a design registration would enable the protection
of the physical appearance of a distinctive product you are planning to sell to the public. A trademark
would defend the symbols or words you use to identify the product as coming from your specific
business.
8. Design law is based on which elements?
In general, a design is the outer outlook of an article that a naked eye can see. The definition of a Design
as per the act provides that a design means only the features of shape, configuration, pattern, ornament
or composition of lines or colors applied to any article whether in two dimensional or three dimensional
or both forms. The most important, fundamental principles or elements of design law are emphasis,
balance and alignment, contrast, repetition, proportion, movement and white space.
9. What is deceptive similarity?
Trademarks play a vital role in creating a brand name and goodwill of any business. However,
“Deceptively similar” trademarks can be understood as a trademark created, almost similar or a look-
alike of an already existing trademark in order to deceive and confuse the consumers. This concept of
deceiving and confusing the consumers through ‘deceptively similar’ trademarks is called deceptive
similarity. It has been discussed in The Trade Marks Act, 1999 under Section 2(h) .
10. What is service mark?
It is a legally registered name or designation used in the manner of a trademark to distinguish an
organization's services from those of its competitors. Trademarks and service marks are both used to
prove that someone owns a product or service; a trademark identifies the owner of a product, while a
service mark identifies the provider of a service.
11. What is collective trademarks?
A collective trade mark is a trademark owned by an organization, used by its members to identify
themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the
organization. However, it can be used by a variety of traders, rather than just one individual concern,
provided that the trader belongs to the association.
12. Who is called the author under copyright law?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and
producers of cinematograph films and sound recordings. “Copyright is an intellectual property right and
is the creation of a statute.” The copyright law is known as the Copyright Law, 1957 which was again
amended in 1999. In section 2(d) we find the definition of an author. It says “Author” means one who is
in relation to a literary or dramatic work.
13. What can be copyrighted in India?
The Copyright Act, 1957 is the governing law for copyright protection in India. There are a lot of things
in India that can be copyrighted. These are literary works, dramatic works, musical works, artistic works,
Cinematograph films and sound recordings.

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 14. Geographical Indication of Goods is governed in India by which act?
The law of Geographical Indication of Goods is governed in India by the Geographical Indications of
Goods (Registration and Protection) Act, 1999 (GI Act). This is made  to provide for the registration
and better protection of geographical indications relating to goods.
15. What is infringement of copyright in India?
Use of any copyrighted work without the permission of the owner amounts to copyright infringement.
Infringement occurs when a person intentionally or unintentionally copies/uses the work of another
without credit. Infringement is usually classified into two categories- primary infringement and
secondary infringement. Primary infringement is the actual act of copying, while secondary infringement
includes unauthorised dealings like selling the pirated books, importing, etc.

16. How long does copyright last in India?

The Copyright Act 1957 governs the subject of copyright law in India. In the case of original literary,
dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and
60 years counted from the year following the death of the author.
17. What is Geographical Indication of Goods?
According to section 2 (e) of the Act, Geographical indication has been defined as an indication which
identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or
manufactured in the territory of a country, or a region or locality in that territory, where a given quality,
reputation or other characteristic of such goods is essentially attributable to its geographical origin.
Some of the registered geographical indications are agricultural goods like Darjeeling tea, Malabar
Pepper, Bangalore Blue Grapes etc. Besides, manufactured goods like Pochampalli Ikat, Kancheepuram
Silk, Solapuri chadars Bagh Prints, Madhubani paintings etc.
18. What is patentable invention?
Patentable inventions are defined as "An invention, whether a product or a process, in any field of
technology, which is new and useful, can be used industrially, and involves an inventive step, is a
patentable invention". Within the context of a national or multilateral body of law,
an invention is patentable if it meets the relevant legal conditions to be granted a patent.
19. What is passing off ?
Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law
of passing off prevents one trader from misrepresenting goods or services as being the goods and
services of another, and also prevents a trader from holding out his or her goods or services as having
some association or connection with another when this is not true.

20. What are the remedies for infringement of industrial design?

The owner of a registered industrial design has the rights to take legal actions against any person who
has infringed or is infringing any of the rights conferred by the registration of the industrial design. If
the owner proves that an infringement has been committed, the court may award damages or an
account of profits and may grant an injunction to prevent further infringement and any other legal
remedies. The remedies for infringement of industrial design are damages, injunction, statutory
damages etc.

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 21. What are the remedies for infringement of Trade Marks?
In case, a third party uses the brand name in course of trade without permission of the owner, it is the
violation of owner’s right and is called as the infringement of Trademark. There are two types of
remedies that are available to the owner of the trademark against the unauthorized use of its limitation
by the third party. The Trade Marks Act protects the trademark with civil and criminal remedies.
22. Computer software will get protection under which intellectual property law?
Software is a product of human intellect and it would be appropriate to term it as “intellectual
property. “Protection of software is an important and crucial issue which needs to be dealt
with. There has been a worldwide demand for software protection. There are two forms of IPR which
can be used to protect software are patents and copyright.

23. What is piracy of intellectual property?

Piracy of intellectual property is when someone copies a work or exploits it without having permission
from the owner. The most common examples of intellectual property infringement are piracy and
counterfeiting. Piracy, specifically, refers to the unauthorized use, copying, distribution, or reproduction
of protected materials covered by intellectual property rights.
24. What are the advantages of patent to inventor?
Patents are granted to inventors to give them exclusive rights to produce and sell their ideas for a
certain duration of time. During this time period, the inventor will be protected from other persons or
companies selling or producing their product. The inventor will not only have exclusive rights to produce
it, but they will also have the right to license the idea to other companies to allow them to produce the
product under a licensing agreement.
25. What is trade libel?
Trade libel is a type of defamation and falsehood that purposely tries to damage the name and quality of
a company's goods or services. When someone makes false claims about your business, you might be
able to file a lawsuit under trade libel laws. To win a trade libel case, you as the plaintiff or person suing
must show a false published statement and evidence that it's untrue, caused injury, and was not in a
privileged category.
26. What is goodwill?
Goodwill is a type of intangible business asset. Goodwill is an asset of a business that may be bought
and sold in connection with the business. Goodwill is a marketplace advantage of customer patronage
and loyalty developed with continuous business under the same name over a period of time. It may be
bought and sold in connection with a business, and the valuation is a subjective one.

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