IPR: patents, trademarks, copyrights - Question Bank

1. What is the role of the World Intellectual Property Organization (WIPO)?
A) To grant international patents directly
B) To administer international treaties related to intellectual property and promote IP protection worldwide
C) To set copyright fees for all countries
D) To register all trademarks globally
2. Which of the following is a key element of 'industrial applicability' for a patent?
A) The invention must be aesthetically pleasing
B) The invention must be capable of being made or used in some kind of industry
C) The invention must be widely known
D) The invention must solve a major global problem
3. What is a 'trade secret'?
A) A patented invention
B) A registered trademark
C) Confidential information that provides a competitive edge and is protected by maintaining secrecy
D) A copyrighted literary work
4. Under the Berne Convention, copyright protection is:
A) Conditional upon registration in every member country
B) Automatic and does not require registration
C) Limited to 20 years from the date of creation
D) Only applicable to works first published in a member country
5. What does the term 'compulsory licensing' mean in patent law?
A) The patent holder must grant a license to anyone who asks
B) The government can authorize the use of a patented invention by third parties without the patent holder's consent, under certain conditions
C) The patent holder can force others to license their invention
D) A license that is automatically granted upon application
6. Which of the following is an example of a service mark?
A) The brand name of a car
B) The logo of a bank providing financial services
C) The name of a pharmaceutical drug
D) The design of a smartphone
7. What is a 'provisional application' in patent law?
A) A final application that is approved
B) An initial application that secures a filing date but does not require full examination
C) An application for a patent that has already expired
D) An application filed after the invention is publicly disclosed
8. Which legal doctrine protects famous trademarks from being used in a way that weakens their distinctiveness or tarnishes their reputation, even if there is no likelihood of confusion?
A) Patent exhaustion
B) Copyright fair use
C) Trademark dilution
D) Trade secret protection
9. What is the principal international treaty concerning the protection of industrial designs?
A) The Berne Convention
B) The Paris Convention
C) The Hague Agreement
D) The Madrid Protocol
10. The term of protection for an industrial design in India is initially for:
A) 5 years, renewable for another 10 years
B) 10 years, renewable for another 5 years
C) 15 years, non-renewable
D) 20 years, renewable for another 5 years
11. Which of the following is a type of trademark that denotes membership in a particular organization or association?
A) Certification Mark
B) Collective Mark
C) Service Mark
D) Defensive Mark
12. What is the purpose of the 'enablement' requirement in a patent application?
A) To ensure the invention is profitable
B) To ensure the invention is safe for public use
C) To provide sufficient detail for a person skilled in the art to replicate the invention
D) To describe the commercial market for the invention
13. Copyright does NOT protect:
A) A published novel
B) A recorded song
C) A photograph
D) An abstract idea
14. What is the term for a trademark that has become the common name for a product or service, losing its distinctiveness?
A) Genericide
B) Infringement
C) Dilution
D) Abandonment
15. Which international agreement specifically addresses the protection of geographical indications?
A) The Berne Convention
B) The Paris Convention
C) The TRIPS Agreement
D) The Rome Convention
16. What is the legal term for the unauthorized use of a patented invention?
A) Copyright infringement
B) Trademark dilution
C) Patent infringement
D) Trade secret misappropriation
17. What does the Madrid Protocol facilitate?
A) International registration of patents
B) International registration of trademarks
C) International protection of copyrights
D) International protection of industrial designs
18. The protection granted by copyright extends to:
A) The idea or concept itself
B) The expression of an idea
C) The functionality of a product
D) The brand name of a product
19. What is the purpose of the 'inventive step' requirement in patentability?
A) To ensure the invention is useful
B) To ensure the invention is new
C) To ensure the invention is not obvious to someone skilled in the relevant field
D) To ensure the invention can be manufactured
20. Which of the following cannot be patented?
A) A new drug formula
B) A software that performs a specific calculation
C) A method of agriculture
D) A genetically modified organism
21. In patent law, 'prior art' refers to:
A) The latest technological advancements
B) Any evidence that the invention was already known or available to the public before the filing date
C) The commercial success of a similar product
D) The inventor's previous patents
22. What is the primary international treaty governing copyright and related rights, administered by WIPO?
A) The Berne Convention
B) The Paris Convention
C) The Madrid Protocol
D) The Hague Agreement
23. Which of the following is an example of a work protected by copyright?
A) A company's financial report
B) A news report published by a newspaper
C) A recipe
D) A business method
24. What is the duration of protection for a registered trademark in India?
A) 10 years, renewable indefinitely
B) 20 years, non-renewable
C) 5 years, renewable after expiry
D) Perpetual protection
25. A company uses a distinctive symbol to identify its products. This symbol is protected as a:
A) Copyright
B) Patent
C) Trademark
D) Trade Secret
26. What is the significance of the 'priority date' in patent law?
A) The date the invention was first conceived
B) The date the patent application is filed, which is used to determine novelty against prior art
C) The date the patent is granted
D) The date the invention is first commercially sold
27. The Paris Convention for the Protection of Industrial Property primarily relates to:
A) Copyright
B) Patents and Trademarks
C) Geographical Indications
D) Trade Secrets
28. Which type of intellectual property protects the ornamental or aesthetic aspect of a product?
A) Patent
B) Trademark
C) Copyright
D) Industrial Design
29. What does the term 'fair dealing' mean in copyright law?
A) Using copyrighted material without permission for any purpose
B) Using copyrighted material for specific purposes like research, private study, criticism, or review, without infringing copyright
C) Using copyrighted material for commercial gain
D) Using copyrighted material after the copyright has expired
30. A 'well-known trademark' under the Trademarks Act, 1999, enjoys protection:
A) Only for the specific goods/services for which it is registered
B) Even for goods/services not similar to those for which it is registered
C) Only within the territory of India
D) For a period of 10 years after registration
31. What is the role of the 'claims' section in a patent application?
A) To describe the background of the invention
B) To define the scope of legal protection sought for the invention
C) To provide detailed drawings of the invention
D) To list the inventors' qualifications
32. Which of the following is NOT protected by copyright?
A) A song's lyrics
B) A painting
C) A scientific theory
D) A computer program
33. Can a geographical indication (GI) be registered as a trademark?
A) Yes, always
B) No, never
C) Yes, if it also functions as a brand identifier for specific goods
D) Only if it is a collective mark
34. What is the purpose of the 'Disclosure' requirement in a patent application?
A) To keep the invention secret from competitors
B) To enable a person skilled in the art to carry out the invention
C) To prove the inventiveness of the idea
D) To ensure the invention is commercially viable
35. Which article of the TRIPS Agreement deals with the provisions on patents?
A) Article 25
B) Article 26
C) Article 27
D) Article 28
36. What is the term 'infringement' in the context of IPR?
A) The process of applying for an IPR
B) The unauthorized use of protected intellectual property
C) The creation of a similar but distinct invention
D) The public disclosure of an invention
37. Copyright protection automatically arises upon the creation of an original work. However, registration provides:
A) Absolute and perpetual protection
B) A stronger legal standing and evidence of ownership
C) Exemption from infringement claims
D) Exclusive rights to modify the work
38. Which of the following is an example of a trademark?
A) The plot of a novel
B) A unique chemical formula
C) The Nike 'swoosh' logo
D) A new software algorithm
39. What is the legal framework governing trademarks in India?
A) The Copyright Act, 1957
B) The Patents Act, 1970
C) The Trademarks Act, 1999
D) The Designs Act, 2000
40. A patent grants the inventor the right to exclude others from making, using, selling, or importing the invention. This is a form of:
A) Moral right
B) Negative right
C) Positive right
D) Public domain right
41. What is the primary function of a trademark registration?
A) To grant exclusive rights to manufacture a product
B) To provide legal recognition and protection to a brand identifier
C) To secure copyright for artistic elements of a brand
D) To protect trade secrets related to a business
42. Which international treaty provides for the protection of intellectual property rights, including patents, trademarks, and copyrights, and is administered by the World Intellectual Property Organization (WIPO)?
A) General Agreement on Tariffs and Trade (GATT)
B) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
C) North American Free Trade Agreement (NAFTA)
D) European Convention on Human Rights
43. What is the duration of copyright protection for original literary, dramatic, musical, and artistic works in India?
A) Life of the author plus 50 years
B) Life of the author plus 60 years
C) 20 years from the date of publication
D) Perpetual protection
44. An 'inventive step' in patent law means that the invention must be:
A) Obvious to a person skilled in the art
B) Not obvious to a person skilled in the art
C) Commercially viable
D) Technically complex
45. What does the term 'novelty' mean in the context of patentability?
A) The invention must be widely known and used
B) The invention must not have been disclosed to the public before the filing date
C) The invention must be easily reproducible
D) The invention must solve a long-standing problem
46. Which of the following is NOT a requirement for an invention to be patentable in India?
A) Novelty
B) Inventive Step
C) Industrial Applicability
D) Public Domain Availability
47. In India, the Patents Act, 1970 governs patent applications and grants. What is the typical term of a patent in India?
A) 10 years from the date of filing
B) 15 years from the date of grant
C) 20 years from the date of filing
D) 50 years from the date of invention
48. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. What does it primarily protect?
A) New technological inventions
B) Brand names, logos, and slogans
C) Original artistic expressions
D) Confidential business information
49. Which type of Intellectual Property Right (IPR) protects original literary, dramatic, musical, and artistic works?
A) Patents
B) Trademarks
C) Copyrights
D) Industrial Designs
50. What is the primary purpose of a patent?
A) To protect artistic works
B) To grant exclusive rights for an invention
C) To prevent the misuse of brand names
D) To safeguard literary creations