Academic year 2022-2023 (Odd Semester)

DEPARTMENT OF
INDUSTRIAL ENGINEERING AND MANAGEMENT
Date 19th DEC 2022 Maximum Marks 50
Course Code 18HSI51 Duration 90 Mins
Sem V CIE - I
INTELLECTUAL PROPERTY RIGHTS & ENTREPRENEURSHIP

Scheme and Solution

Q.No. Questions M BT CO
PART-A
1 A novel tool used to perform a tooth extraction surgery can be protected 01 1 1
under ______________type of intellectual property.

Process Patent
2 The term period of protection of geographical indications is _____ years. 01 1 1

10 Years
3 The compulsory license will be granted only after the expiry of _______ 01 1 2
years.

3 Years
4 WIPO stands for 01 2 1

World Intellectual Property Organization

5 How long does patent protection last? 01 2 1

Patent protection is granted for a limited period, generally 20 years from

the filing date of the application.
6 Is a patent valid in every country? 01 2 2

Patents are territorial rights. In general, the exclusive rights are only
applicable in the country or region in which a patent has been filed and
granted, in accordance with the law of that country or region.
7 What kind of information is protected by trade secrets? 02 2 1

In general, any confidential business information which provides an

enterprise a competitive edge and is unknown to others may be protected as
a trade secret.
Trade secrets encompass both technical information, such as information
concerning manufacturing processes, experimental research data, software
algorithms and commercial information such as distribution methods, list
of suppliers and clients, and advertising strategies

8 What are the requirements for the trade secret protection? 02 1 2

In order for information to be protected as trade secret, it shall meet the

following criteria.
 Academic year 2022-2023 (Odd Semester)
The information must be secret (i.e., it is not generally known among, or
readily accessible, to circles that normally deal with the kind of information
in question).
Absolute secrecy is not required. For example, trade secrets can be kept by
several parties, as long as it is not known to other persons working in the
field.
It must have actual or potential commercial value because it is secret. It
must have been subject to reasonable steps by the rightful holder of the
information to keep it secret (e.g., through confidentiality agreements).
PART B
1 Explain the difference between patentable and non-patentable inventions. 10 2 1

Patentable Inventions

Without exception, if an item isn't in one of these categories, it is not

patentable. A patent for improvement does not include the improved upon
object.

 Process - a method of creating a physical change in a material

relating to its character or quality.
 Machine - uses energy to complete a task.
 Manufacture - processes that create work.
 Composition of matter - a compound created through two or more
elements.
 Improvement - new or improved element in a known invention.

The threshold requirement for patents;

 Originality - must be created by the person claiming to be the

inventor.
 Enablement - ability to make and use it.
 Utility - the invention must be useful.
 Statutory subject matter - ability to be placed into one of the above-
mentioned categories.

Non Patentable Inventions

 Discovery, scientific theory, or mathematical methods

 Nonfunctioning products
 Scheme, rule or method for performing a mental task
 Informative presentations
 Medical/veterinary procedures and methods.

Perpetual motion machines aren't a proven design. Unethical/ immoral

inventions and software/business methods that aren't technical are non-
patentable.

2 With a flow diagram explain the procedure for applying and obtaining 10 2 2
patent in India.
 Academic year 2022-2023 (Odd Semester)

1. Step 1- Patent search: ...

2. Step 2- Filling patent registration application: ...
3. Step 3- Preparation of patentability report and attach all the required
documents: ...
4. Step 4- Review of application: ...
5. Step 5- Issuance of patent registration certificate:

Above steps with explanation

3 What is trade secret? What kind of information qualities as a Trade secret? 10 3 3

How is Trade secret protection enforced?

In general, to qualify as a trade secret, the information must be:

 commercially valuable because it is secret,

 be known only to a limited group of persons, and
 be subject to reasonable steps taken by the rightful holder of the
information to keep it secret, including the use of confidentiality
agreements for business partners and employees.

The unauthorized acquisition, use or disclosure of such secret information

in a manner contrary to honest commercial practices by others is regarded
as an unfair practice and a violation of the trade secret protection.

A trade secret: is information that has either actual or potential independent

economic value by virtue of not being generally known, has value to others
who cannot legitimately obtain the information, and. is subject to
reasonable efforts to maintain its secrecy.

Contrary to patents, trade secrets are protected without registration, that is,
trade secrets require no procedural formalities for their protection. A trade
 Academic year 2022-2023 (Odd Semester)

secret can be protected for an unlimited period of time, unless it is

discovered or legally acquired by others and disclosed to the public.

4 What are the difference between trade mark infringement and passing off? 10 2 2
What are the remedies for Trademark infringement?

According to the Trademark Act 1999, a trademark denotes a mark

qualified for representing a brand. Also, it helps with distinguishing the
products or services of one person from the competent and may retain the
shape of product, packaging and colour combination.
But, what is passing off and infringement of the trademark. Well, it is
something really important, you should know about if you care about brand
identity. Trademark is a logo, emblem, formatting, term, image or
something which differentiates one product from another similar product.
Most importantly, trademark registration is very crucial to protect your
brand identity.

Infringement is a statutory remedy provided under section 28(1) of The

Trademark Act, 1999 for which registration of a trademark is a pre-
requisite, while Passing off is a common law remedy and in Passing Off
claims, registration of a trademark is not required.

Remedies

Remedies act as a measure for infringement of both the registered as well

as unregistered trademarks. In the former case, it acts as an action to initiate
the proceedings of infringement in a court of law while in the latter case; it
helps in passing off the infringement to the hands of common law. In India,
it is Section 29 and Section 30 of the Trade Marks Act, 1999 which lays
down remedies for infringement of trademarks. The remedies discussed
below are the ones which are adopted according to the facts and
circumstances of the case in hand.

Civil remedies

The Trade Marks Act, 1999 lays down certain civil remedies to be given to
the ones whose trademark has been infringed. They are:

 Injunction or authoritative direction by the court of law is a

common civil remedy that can be provided with. The two kinds of
injunction that can be granted are perpetual and temporary
injunction.
 Perpetual injunction is granted depending on the suit concerned and
when the same is supposed to be decreed and therefore is of
permanent nature. In the case of a temporary injunction, a specified
time frame comes into the consideration which in this case will be
till the court passes its final orders regarding the matter. The same
can be asked for under Order 39 Rule 1 and 2 of the Code of Civil
 Academic year 2022-2023 (Odd Semester)
Procedure.

5 Summarize on requirements and significance of Traditional Knowledge 10 3 1

with suitable case studies.

Traditional Knowledge: Traditional knowledge (TK) is knowledge, know-

how, skills and practices that are developed, sustained and passed on from
generation to generation within a community, often forming part of its
cultural or spiritual identity.

While there is not yet an accepted definition of TK at the international

level, it can be said that:

 TK in a general sense embraces the content of knowledge itself as

well as traditional cultural expressions, including distinctive signs
and symbols associated with TK.
 TK in the narrow sense refers to knowledge as such, in particular
the knowledge resulting from intellectual activity in a traditional
context, and includes know-how, practices, skills, and innovations.

Traditional knowledge can be found in a wide variety of contexts,

including: agricultural, scientific, technical, ecological and medicinal
knowledge as well as biodiversity-related knowledge.

Defensive protection

Defensive protection refers to a set of strategies to ensure that third parties

do not gain illegitimate or unfounded IP rights over TK. These measures
include the amendment of WIPO-administered patent systems (the
International Patent Classification system and the Patent Cooperation
Treaty Minimum Documentation). Some countries and communities are
also developing TK databases that may be used as evidence of prior art to
defeat a claim to a patent on such TK. WIPO has developed a toolkit to
provide practical assistance to TK holders on documenting TK.