Important Topics for Intellectual Property Rights (IPR)

Key Topics from the Notes

1. Definition and Scope of IPR

o Types of intellectual property (patents, copyrights, trademarks, etc.)
o Importance of IPR in economic and cultural growth.
2. History and Evolution of IPR in India
o Early beginnings.
o Colonial laws (Patents Act 1856, Copyright Act 1847, Trademarks Act 1940).
o Post-independence developments (Indian Patents Act 1970, Trade Marks Act
1999).
3. Types of Intellectual Property
o Patents: Criteria, process, and significance.
o Copyright: Protection of creative works.
o Trademarks: Branding and distinctiveness.
o Geographical Indications: Importance in regional identity.
o Designs: Aesthetic appeal in products.
o Plant Varieties: Rights for breeders.
o Semiconductor Layout Design: Unique circuit designs.
4. International Frameworks and Agreements
o TRIPS Agreement: Standards and enforcement.
o Paris Convention: Industrial property rights.
o WIPO and WTO: Roles in global IPR management.
o PCT and Budapest Treaty: Simplifying patenting across borders.
5. Advantages and Disadvantages of IPR
o Economic growth, innovation, and R&D promotion.
o Issues like piracy, accessibility, and cost barriers.
6. Current Issues in IPR
o Evergreening and compulsory licensing.
o Balancing innovation with public interest.

Important Questions

Basic Concepts

1. Define intellectual property and its significance.

2. Explain the differences between patents, copyrights, and trademarks.
3. Why is IPR important for economic and cultural growth?

History and Evolution

4. Outline the evolution of IPR laws in India.

5. Discuss the role of the colonial era in shaping India's IPR framework.
Types of IPR

6. What are the criteria for granting a patent? Provide examples.

7. How do geographical indications promote regional development?
8. Discuss the importance of trademarks in building brand identity.

International Frameworks

9. What is the TRIPS Agreement, and why is it significant?

10. Explain the role of WIPO and WTO in managing IPR globally.

Advantages and Challenges

11. How does IPR promote innovation and economic growth?

12. What are the key challenges in enforcing IPR in developing countries?

Current Issues

13. What is "evergreening" in patents, and how does it impact the pharmaceutical industry?
14. Explain compulsory licensing and its significance in the Indian context.
15. Discuss the balance between protecting IP and ensuring public access to knowledge.

Here are important topics and important questions derived from the uploaded document on
Unit-2: Intellectual Property Rights (IPR):

Important Topics

1. Definition and Types of Patents

o Meaning of patents: Legal rights granting exclusivity to inventions.
o Types: Utility patents, design patents, plant patents.
2. Elements of Patentability
o Novelty: Invention must be new.
o Non-Obviousness: Not an obvious improvement to experts.
o Utility: Practical application or usefulness.
3. Non-Patentable Inventions
o Abstract ideas, natural phenomena, and methods of doing business.
o Medical procedures and immoral or unethical inventions.
4. Industrial Application and Subject Matter
o Industrial applicability: Practical usability in industry or commerce.
o Non-patentable subject matter includes artistic creations, human genes, etc.
5. Patent Registration Process
o Steps: Application filing, formal and substantive examination, grant, and
publication.
6. Rights and Duties of Patentees
 o Exclusive rights, prevention of infringement, licensing, and disclosure.
o Duties include maintenance fees and ensuring compliance.
7. Assignment and Licensing of Patents
o Assignment: Transfer of ownership.
o Licensing: Granting usage rights without transferring ownership.
8. Remedies and Penalties
o Remedies: Injunctions, damages, and compulsory licensing.
o Penalties: Revocation for non-compliance, fines for infringement.

Important Questions

1. Definition and Concept

o What is a patent, and why is it important?
o Explain the difference between design, utility, and plant patents.
2. Elements of Patentability
o What are the criteria for patentability?
o Explain the importance of novelty, non-obviousness, and utility in patent law.
3. Non-Patentable Inventions
o List examples of non-patentable inventions and explain why they are excluded.
o Can human genes be patented? Justify your answer.
4. Industrial Application
o What is meant by the industrial applicability of an invention? Provide examples.
o Why are abstract ideas and natural phenomena not patentable?
5. Registration Process
o Outline the steps involved in patent registration.
o What is the role of prior art in the patent examination process?
6. Rights and Duties
o What rights are granted to a patentee?
o What are the duties of a patentee during the term of the patent?
7. Assignment and Licensing
o What is the difference between assigning and licensing a patent?
o How can a patentee benefit from licensing their invention?
8. Remedies and Penalties
o What are the remedies available for patent infringement?
o Discuss the penalties for non-compliance with patent laws.
9. General Concepts
o Explain the significance of patent law in encouraging innovation.
o How does the appellate board handle disputes in patent cases?

Here are the important topics and important questions based on the uploaded PDF on Unit-3:
Trade Marks:
Important Topics

1. Definition and Concept of Trade Marks

o Trade marks as a branch of intellectual property rights.
o Distinctive signs, symbols, words, or designs used to differentiate goods or
services.
2. Types of Trade Marks
o Word Mark: Text-based (e.g., "Nike").
o Logo Mark: Symbol-based (e.g., Apple's logo).
o Combined Mark: Both text and logo (e.g., McDonald’s).
o Service Mark: Identifies services instead of goods.
o Certification Mark: Indicates standards (e.g., CE mark).
o Collective Mark: Used by an organization’s members (e.g., trade union logos).
o Shape Mark: Protects product shape or packaging (e.g., Coca-Cola bottle).
3. Trade Mark Registration
o Procedure:
1. Conduct a trade mark search.
2. File an application.
3. Examination by the trade mark office.
4. Publication in the journal for opposition.
5. Registration and issuance if no objections arise.
o Duration: Registered for 10 years, renewable indefinitely.
4. Effects of Trade Mark Registration
o Exclusive rights, legal protection, increased brand value, and presumption of
ownership.
5. Intellectual Property Appellate Board (IPAB)
o Established to resolve intellectual property disputes (abolished in 2021).
o Functions transferred to High Courts.
6. Assignments and Transmission of Trade Marks
o Assignment: Transfer of ownership (with or without goodwill).
o Transmission: Ownership transfer due to inheritance or insolvency.
7. Collective and Certification Trade Marks
o Collective Marks: Used by organization members to indicate membership.
o Certification Marks: Certify goods meet specific standards (e.g., ISI mark).
8. Offenses and Penalties
o Infringement, false applications, unauthorized use of certification marks, and false
marking.
o Penalties include civil remedies (injunctions, damages) and criminal penalties
(imprisonment and fines).

Important Questions
1. Definition and Concept
o What is a trade mark, and how does it differ from a brand?
o Explain the role of trade marks in intellectual property rights.
2. Types of Trade Marks
o List and explain the types of trade marks with examples.
o What is the difference between a collective mark and a certification mark?
3. Trade Mark Registration
o What is the procedure for registering a trade mark?
o Discuss the opposition period during trade mark registration.
4. Effects of Registration
o What are the benefits of trade mark registration?
o How does trade mark registration provide legal protection to owners?
5. IPAB (Intellectual Property Appellate Board)
o What was the purpose of the IPAB, and why was it abolished?
o How are intellectual property disputes resolved post-IPAB?
6. Assignments and Transmission
o What is the difference between assignment and transmission of trade marks?
o Discuss the importance of registering assignments with the trade mark office.
7. Collective and Certification Marks
o What are collective marks, and how do they function?
o Provide examples of certification marks and explain their significance.
8. Offenses and Penalties
o What constitutes trade mark infringement?
o Discuss the penalties for false applications and unauthorized use of trade marks.