IPR SEMESTER VIII

COMPREHENSIVE VIVA MCQS

1. Patent application can be filed in India by

(a) True and First Inventor
(b) Assignee of the inventor
(c) Legal representative of the inventor
(d) All the above

2. Copyright is a ___________ property

(a) Tangible
(b) Intangible
(c) Both
(d) None

3. Complete Specification contains

(a) Title of invention
(b) Description of invention
(c) Claim
(d) All the above

4. If you file provisional specification, the complete specification is required to be filed

within
(a) 10 months
(b) 12 months
(c) 18th months
(d) 24 months

5. Indian Patent system has

(a) Pre-grant opposition
(b) Post-grant opposition
(c) Both (a) and (b)
(d) None of the above

6. Pre-grant opposition can be filed by

(a) Any person
 (b) Person interested
(c) Both (a) and (b)
(d) None

7. Patent can be revoked in India

(a) Yes
(b) No
(c) Yes in some cases
(d) Can’t say

8. Copyright is a ________ right.

(a) Statutory
(b) Constitutional
(c) Both
(d) None

9. Patent of addition can be filed by

(a) Inventor
(b) Patentee
(c) Both (a) and (b)
(d) None of the above

10. Patent can be infringed

(a) Directly
(b) In-directly
(c) Both (a) and (b)
(d) None

11. Patent Act does not apply to Ladakh Union Territory

(a) Yes
(b) No
(c) Jammu and Kashmir has an independent Patent Act
(d) None of the above
12. “Exclusive licence” means
(a) a licence from a patentee which confers on the licensee
(b) a licence from the Patent registrar
(c) a licence under Patent Cooperation Treaty
(d) None of the above

13. The right to _________ is recognised by the copyright act

(a) Translate
(b) Reproduce
(c) Adaptation of the work
(d) All of the above

14. Patent Cooperation Treaty” means

(a) Patent Cooperation Treaty signed at Washington
(b) Patent Cooperation Treaty signed at Davos
(c) Patent Cooperation Treaty signed at Singapore
(d) None of the above

15. Which one is not an invention

(a) an invention the primary or intended use or commercial exploitation of which could
be contrary public order
(b) a method of agriculture or horticulture
(c) the topography of integrated circuits
(d) all the above

16. What is not Patentable

(a) A new assault guns
(b) A new poison capable of human death
(c) A new chemical compound usable for huge explosion
(d) all above are patentable

17. Protection under Berne Convention must not be conditional upon compliance with any
formality. Name the Principle
(a) Principle of Automatic Protection
(b) principle of national treatment
(c) Most Favoured Nation
 (d) None of the Above

18. India became a signatory to the Patent Cooperation Treaty (PCT) in 1998
(a) True
(b) False
(c) Signed but the treaty was not implemented

19. Which of the following is false?

(a) To apply for copyright, in the case of a published work, the author is at the date of
such publication should be a citizen of India.
(b) To apply for copyright, in the case of an unpublished work the author at the date of
the making of the work should be a citizen of India or domiciled in India
(c) To apply for copyright, in the case of work of architecture, the work should be located
in India.
(d) None of the Above

20. “True and first inventor” include either the first importer of an invention into India, or a
person to whom an invention is first communicated from outside India.
(a) True
(b) False
(c) Never defined in the Patent act

21. The term “person” as defined in the Patents Act includes Government.
(a) Yes
(b) No
(c) Only Natural or Body Corporate.
(d) “person” means only individual or a group of individuals

22. “Legal representative” means a person who in law represents the estate of a deceased
person
(a) True
(b) True but the power of attorney holder also included in the proposition
(c) False
23. An application for patent shall be filed with the Patent Office having appropriate
jurisdiction. The territorial jurisdiction of patent office in respect of a patent application is
decided based on any of the following:
(a) Place of residence, domicile or business of the applicant (first mentioned applicant in
case of joint applicants) or,
(b) Place from where an invention actually originated or,
(c) Address for service in India given by the applicant, when the Applicant has no place
of business or domicile in India (Foreign applicants).
(d) All of the above

24. From the options below, choose which type of Patent Application is permissible in India
(a) Ordinary Application i.e., an application which has been filed directly in the Indian
Patent Office without claiming priority of any foreign application.
(b) PCT National Phase Application.
(c) Patent of Addition i.e., an application for patent in respect of any improvement in or
modification of the invention for which the patent application has already been filed
or patent has been granted.
(d) All of the above

25. Every application for a patent shall be for one invention only and shall be filed in Form-1
at an appropriate office. Which of the following is true in this regard?
(a) One invention- one application
(b) Up to four connected inventions are permissible
(c) Multiple inventions can be clubbed in one application and special fees to be charged
for it
(d) One major invention and one minor invention are permissible

26. What protects the intellectual property created by artists?

(a) copyright
(b) geographical indications
(c) patents
(d) registered designs

27. What protects the intellectual property created by designers?

(a) copyright
(b) geographical indications
 (c) patents
(d) registered designs

28 What protects the intellectual property created by inventors?

(a) copyright
(b) geographical indications
(c) patents
(d) trademarks

29. What does a trademark protect?

(a) an invention
(b) a work of art
(c) logos, names and brands
(d) the look, shape and feel of a product

30. In most countries, how long does copyright last for?

(a) 10 years after the creation of the work
(b) 50 years after the creation of the work
(c) 10 years after the death of the person who created that work
(d) 50 years after the death of the person who created that work

31 How long do patents usually last in India for?

(a) 10 years
(b) 20 years
(c) 40 years
(d) 60 years

32. If you write an original story, what type of intellectual property gives you the right to
decide who can make and sell copies of your work?
(a) copyright
(b) geographical indications
(c) patents
(d) registered designs
33. Imagine a footballer sets up his own company to sell his own range of clothes. What type
of intellectual property can he use to show that the clothes are made by his company?
(a) geographical indications
(b) patents
(c) registered designs
(d) trademarks

34. If a company develops a new technology that improves its main product, what type of
intellectual property can they use to stop others from copying their invention?
(a) copyright
(b) geographical indications
(c) patents
(d) registered designs

35. The rights of performers, phonogram producers and broadcasting organisations are
certainly covered, and are internationally protected by the _________
(a) Berne Convention
(b) Rome Convention
(c) Geneva Phonogram Convention
(d) Convention Relating to the Distribution of Programme–Carrying Signals Transmitted
by Satellite. (Brussels Convention, 1974)

36. The Conventions (Art. 14 Rome; Art. 4 Geneva) set a minimum term of protection of
producers' rights of twenty years from the end of the year in which the ___________
(a) The phonogram was first published (or from its creation for unpublished recordings)
(b) The first date on which the phonogram was transmitted.
(c) The first date on which the phonogram was displayed.
(d) All of the above.

37. The_____________ protects literary works, dramatic works, musical works, artistic
works, cinematograph films and sound recordings
(a) International Law
(b) Indian copyright law
(c) Global Trade laws
(d) International Labour Laws
38.The civil remedies are provided under ______________ and the remedies provided
include injunctions, damages and account of profits
(a) Chapter V of the Copyright Act 1957
(b) Chapter XII of the Copyright Act 1957.
(c) Chapter II of the Copyright Act 1957
(d) All of the above.

39. The author of a work may_______________ all or any of the rights comprised in the
copyright in the work by giving notice in the prescribed form to [the Registrar of Copyrights
or by way of public notice.
(a) Relinquish
(b) Surrender
(c) Licence
(d) Transfer

40. The _____________are provided under Chapter XIII of the statute and the remedies
provided against copyright infringement include imprisonment (up to 3 years) along with a
fine (up to 200,000 Rupees).
(a) criminal remedies
(b) judicial remedies.
(c) Juridical Remedies
(d) Quasi-Judicial Remedies.

41. The term “publication” under The Copyright Act of 1957 means making a work available
to the public by issue of copies or by ____________ the work to the public.
(a) Transmitting
(b) Transferring
(c) Communicating
(d) Forwarding

42. In India, the registration of copyright is ______________ as the registration is treated as

mere record of a fact.
(a) Not exclusive
(b) Not mandatory
(c) Not compulsory
(d) All of the above
43. Copyright of "works" of foreign nationals, whose countries are member of Convention
Countries to which India is a signatory, are protected against any infringement of their
"works" in India through _________________
(a) The International Copyright Order, 1999.
(b) The International Copyright Order, 2004.
(c) The International Copyright Order, 2006.
(d) The International Copyright Order, 2008.

44. In the case of original literary, dramatic, musical and artistic works, the duration of
copyright is the lifetime of the author or artist, and __________ counted from the year
following the death of the author.
(a) 60 years
(b) 70 Years
(c) 75 years
(d) 50 years

45. Which of the following can be constituents of a design under Designs Act, 2000?
(a) shape or configuration
(b) composition of lines or colours
(c) pattern or ornament
(d) all of the above

46. As per Designs Act, 2000, the features of a design upon its application to a finished
article can appeal to and are judged solely by the -
(a) nose
(b) ear
(c) eye
(d) tongue

47. The period for which protection to a design is granted by registration under Designs Act,
2000 is -
(a) ten years, extendable once by another ten years
(b) ten years, extendable once by another five years
(c) ten years, extendable indefinite number of times by five years at each time
(d) ten years, extendable indefinite number of times by ten years at each time
48. Upon expiry of registration of a design under Designs Act, 2000 it becomes -
(a) property of the central government
(b) property of the state government
(c) public property
(d) property of municipal authorities

49. An agreement establishing the World Trade Organization (WTO) was concluded at
Marakkesh on ___________________________
a. 15th April 1994
b. 15 January 2020
c. 7th March 1950
d. 20th March 1954

50. TRIPS is an international agreement that _____________for all World Trade

Organization countries.
(a) Maximum Standards for protection of intellectual property
(b) Sets minimum standards for intellectual property protection
(c) Basic standards
(d) Basic Limitations

51. The Paris Convention applies to _____________

(a) Trademarks, unfair competition, and patents.
(b) Geographical Indications
(c) Wines and Spirits
(d) All of the above

52. The Doha Round began with a ministerial-level meeting in Doha, Qatar in 2001. The aim
was to focus on the needs of _______________
(a) Developed Countries
(b) Developing countries
(c) Least Developed Countries
(d) Countries
53. "Most favoured nation" relationships extend reciprocal bilateral relationships following
both _____________________of reciprocity and non-discrimination.
(a) GATT and WTO norms
(b) World Intellectual Property Organization
(c) United Nations
(d) International Labour Organization

54. Berne Convention of 1886 was for __________.

(a) Protection of Literary and Artistic Works
(b) For Performances and Phonograms
(c) For Trade Marks
(d) For Cinematographic films

55. Author in case of a cinematograph film means __________.

(a) The composer
(b) The producer
(c) The singer
(d) The Director

56. Broadcast Reproduction Right was introduced through the Copyright (Amendment)
Act, ______.
(a) 1992
(b) 2012
(c) 1994
(d) 2015

57. Copyright is ______________.

1. Positive right
2. Negative right
3. Exclusive right
4. Both (1) and (3)

58. As per Indian Copyright Law, Fair use does not mean____________.
(a) Use for research
(b) Use for review
(c) Use for non-commercial purposes
 (d) Use for commercial purposes

59. What is the term of Broadcast Reproduction Right?

(a) 10 Years
(b) 15 Years
(c) 20 Years
(d) 25 Years

60. What is the punishment for infringement of Copyright?

(a) Imprisonment for 6 months to 3 years and fine of Rs.50,000/- to Rs. 2 lacs
(b) Imprisonment for 3 months to 3 years and fine of Rs.10,000/- to Rs. 3 lacs
(c) Imprisonment for 1 month to 5 years and fine of Rs.20,000/- to Rs. 10 lacs.
(d) Imprisonment for 4 months to 2 years and fine of Rs.25,000/- to Rs. 5 lacs.

61. Which Section of the Copyright Act contains the powers of the Police to seize infringing
copies?
(a) Section 32
(b) Section 64
(c) Section 40
(d) Section 58

62. Copyright does not grant protection for ____________.

(a) Anonymous work
(b) Pseudonymous work
(c) Reproduced work
(d) Jointly owned work

63. What does Collective Trade Marks indicate?

(a) Connection of a Trade Mark with a proprietor Partnership Firm.
(b) Trade Mark which cannot be subject to monopoly.
(c) A unified collection of all the registered Trade Marks.
(d) Connection of a Trade Mark with a proprietor Association.

64. Can the Registration of a Trade Mark be made to continue perpetually?

(a) Yes. By proving that the Trade Mark has become very famous.
 (b) No. After the expiry of Registration, a Trade Mark becomes available for public use.
(c) Yes. By renewing the Registration upon its expiry.
(d) No. After expiry of Registration a Trade Mark can be renewed only with some
changes to it.

65. Under which Section of the Trade Marks Act can an application for Registration be
made?
(a) Section 18
(b) Section 20
(c) Section 3
(d) Section 7

66. _____________ is not a requirement for registration of a Trade Mark.

(a) Capability of graphical representation
(b) Capability of distinguishing goods or services of one undertaking from those of others
(c) Capability of indicating connection in course of trade
(d) The Trade Mark should be well known

67. A Trade Mark can be removed from the Register for non-use within how many years of
Registration?
(a) 10 Years
(b) 5 Years
(c) 3 Years
(d) 7 Years

68. Section 12 of the Trade Marks Act contains provisions regarding__________.

(a) Absolute grounds for refusal
(b) Relative grounds for refusal
(c) Grounds for opposition
(d) None of the Above

69. After a Trade Mark is accepted by the Registrar, it is ______________.

(a) Advertised in the Trade Marks Journal
(b) Registered in the Register of Trade Marks
(c) Forwarded for payment of registration fee by the Applicant.
(d) Advertised in the Government Gazette
70. Opposition of Trade Mark is ____________.
(a) Objections raised by the Registrar of Trade Marks
(b) Objections raised by a third party
(c) Objections raised for non-payment of fees
(d) Objection raised by the District Court

71. Are International conventions and treaties on IPRs binding upon the signatory countries?
(a) Yes
(b) No
(c) Can’t say

72. In India the Copyright Act was enacted in the year ______
(a) 1975
(b) 1957
(c) 1927
(d) 1999

73. At international level, Berne Convention (1886) protects the following:

(a) the rights of author of literary, artistic and scientific works.
(b) Performers, producers of phonograms and broadcasting organisation
(c) Both (a) and (b)
(d) None of the Above

74. Section 13 of the Copyright Act,1957 defines the ____________ as subject matter of
copyright?
(a) Literary works
(b) Artistic works
(c) Dramatic works
(d) All of the above

75. With respect to musical works, which of the following is true?

(a) Creator of the musical work is called the composer.
(b) Original musical work has been defined under Section 2(p) of the Copyright Act,1957
(c) Musical work is copyrightable
(d) All of the above
76. Which of the following is true?
(a) Section 2(x) of the Copyright Act, 1957 defines the term "Cinematograph films"
(b) Section 52 of the Copyright Act, 1957 deals with fair dealing in copyrighted material
(c) Both (a) and (b)
(d) None of the Above

77. Section ________ of the Copyright Act, 1957 defines Moral Rights of an author.
(a) 55
(b) 56
(c) 57
(d) 58

78. Which of the following is false?

(a) Copyrights are transferable rights
(b) A copyright be assigned partially
(c) Section 30-31 of the Copyright Act, 1957, deals with licencing.
(d) None of the above

79. Under _____________ of the Copyright Act 1957, copyright protection is conferred on
literary works, dramatic works, musical works, artistic works, cinematograph films and sound
recording.
(a) Section 13
(b) Section 15
(c) Section 16
(d) Section 17

80. Works must be original or have originality in order to be protected by Copyright.

(a) True
(b) False
(c) Can’t say
(d) Depends on the work

81. In the case of a work made in the course of the author's employment under a contract of
service or apprenticeship, which is true?
(a) the employer shall be the first owner of the copyright
(b) the author shall be the first owner of the copyright
(c) Both (a) and (b)
(d) None of the Above
82. Which of the following is true?
(a) Folk art is copyrightable?
(b) Computer Software is Copyrightable
(c) Both (a) and (b)
(d) None of the Above

83. According to the doctrine of Sweat of Brows, which of the following is true?
(a) an author gains rights through simple diligence during the creation of a work.
(b) Substantial creativity or originality is not required
(c) Both (a) and (b)
(d) None of the Above

84. Among the following, what is the purpose of trademarks?

(a) encourage the production of quality products;
(b) reduce the customer’s costs of shopping
(c) help the customer to make decisions on purchasing products.
(d) All of the above

85. Which of the following is true?

(a) a mark must be capable to distinguish the good of one from another for qualifying as a
trademark
(b) The punishment for infringement of copyright is imprisonment upto one year, or with
fine, or with both.
(c) Both (a) and (b)
(d) None of the Above

86. The process of registration of a trade mark is enshrined under __________of the Trade
Mark Act, 1999.
(a) Section 18
(b) Section 19
(c) Section 20
(d) Section 21

87. Absolute Grounds for refusal for registration of trademark is covered under
(a) Section 9 of the Trademark Act, 1999
 (b) Section 10 of the Trademark Act, 1999
(c) Section 11 of the Trademark Act, 1999
(d) Section 12 of the Trademark Act, 1999

88. Relative Grounds for refusal for registration of trademark is covered under
(a) Section 9 of the Trademark Act, 1999
(b) Section 10 of the Trademark Act, 1999
(c) Section 11 of the Trademark Act, 1999
(d) Section 12 of the Trademark Act, 1999

89. _______________prohibits the registration of marks that consists exclusively of marks of

indications which have become customary in current language or in bona fide and established
practices of the trade.
(a) Section 9(1)(a)
(b) Section 9(1)(b)
(c) Section 9(1)(c)
(d) All of the above

90. _______________ seeks to prevent the registration of marks, which are of such nature as
likely to deceive the public or cause confusion.
(a) Section 9(1)(a)
(b) Section 9(2)(a)
(c) Section 9(1)(c)
(d) None of the above

91. ____________of the Trade mark Act, 1999 provides exlusive rights to the Trade mark
owner.
(a) Section 28
(b) Section 29
(c) Section 27
(d) Section 26

92. ___________ prohibits the registration of mark if it is scandalous or obscene.

(a) Section 9(1)(a)
(b) Section 9(2)(a)
(c) Section 9(2)(c)
 (d) None of the above

93. According to ____________of the Act, a mark shall be deemed to be deceptively similar
to another mark if it so nearly resembles that other mark as to be likely to deceive or cause
confusion.
(a) Section 2(h)
(b) Section 2(i)
(c) None of the above

94. Which of the following is true?

(a) Service trademarks are used to identify the services of an entity, and in advertising for
services.
(b) A mark may be registered as a trade mark if it consists exclusively of the shape of
goods which results from the nature of the goods themselves.
(c) Both (a) and (b)
(d) None of the Above

95. Which of the following is true?

(a) The assignment without goodwill is also known as “gross assignment”.
(b) Transmission of unregistered marks may take place with or without goodwill of the
business concerned.
(c) Both (a) and (b)
(d) None of the Above

96. Which of the following is false?

(a) Each Bench of the IPAB includes a Judicial Member and a Technical Member.
(b) Registrar has right to appear and be heard at IPAB in certain circumstances.
(c) Both (a) and (b)
(d) None of the Above

97. Which of the following is false?

(a) The Appellate Board can receive, hear and dispose all appeals from any order or
decision of the Registrar.
(b) A trade mark shall not be registered if, or to the extent that, its use in India is liable to
be prevented by virtue of law of copyright.
(c) Both (a) and (b)
 (d) None of the Above

98. Original musical works are defined under:

(a) Section 2(p)
(b) Section 2(o)
(c) Section 2(q)
(d) Section 2(c)

99. WIPO Copyright Right Treaty came into existence because

(a) of the new technological developments that took place like computer generated works
and electronic databases etc.
(b) it aimed to protect neighbouring rights
(c) Both (a) and (b)
(d) None of the Above

100. Which of the following is false?

(a) Originality is required in ideas and not in expression.
(b) Are Intellectual Property Rights part of the TRIPS Agreement?
(c) Whether Intellectual Properties are governed by codified laws?
(d) None of the Above