Intellectual Property Law MCQ 2
Intellectual Property Law MCQ 2
Intellectual Property Law MCQ 2
6. The Chairman or any other member of the Copyright Board may resign his
office by giving _______ notice in writing to the Central Government.
a. 2 months c. 6 months
b. 3 months d. 1 month
10. If the term of the years of the assignment is not mentioned then it is assigned
for _________ years under the copyright Act.
a. 3 years c. 2 years
b. 5 years d. 6 months
11. If the assignee shall not exercise the right within _______ year, then it shall
be considered as lapsed.
a. 3 years c. 2 years
b. 5 years d. 1 year
12. If the territorial limit is not mentioned in the agreement, then it will be
extended to ____.
a. Whole of India c. whole world
b. Only to particular State d. only to particular District
13. ____________ was the first copyright Act in England was passed in 17th
century.
a. Statute of Anne c. Copyright Act-1911
b. Copyright Act-1814 d. Copyright Act-1914
22. ___________ will be the first owner of the work made on behalf of a public
undertaking.
a. Public undertaking c. organization
b. Private person d. government
25. The people who are entitled to apply for the registration of the copyright are
_________.
a. Author & artist c. assignee and licencee
b. Composer & producer d. all the above
27. The copyright will pass on to his personal representative as part of estate if
such person dies___________.
a. Intestate (without making will).
b. Testamentary disposition(through will)
c. Through assignment.
d. By operation of law.
29. When owner of the copyright become ____________the copyright will vest
in official receiver and it will pass to the trustee of the bankrupt estate as
asset for distribution among creditors.
a. Insolvent c. criminal
b. Unsound mind d. bankrupt
30. Compulsory licence for the unpublished shall be granted by the registrar
only when the author is ____________.
a. Dead c. not found
b. Unknown d. all the above
31. When the compulsory licence is granted by the board for the unpublished
word, then the licencee has to deposit the amount fees or royalty in
___________.
a. Copyright office c. RBI.
b. To the government d. public account
32. If any translation of the literary and dramatic work is required for teaching
and research purpose, then any person can apply for licence after________
years.
a. 3 years c. 2 years
b. 5 years d. 1 year
33. Any person interested can apply to the board for a licence to produce and
publish the translation of the literary and dramatic work after a period
of___________ from first publication.
a. 3 years c. 2 years
b. 5 years d. 7 year
38. The chairman and other members of the copyright board shall be appointed
by________.
a. Central government c. state government
b. High court d. supreme court.
39. The chairman and others members of the copyright board shall hold the
office for a period of ___________.
a. 5 years c. 2 years
b. 3 years d. 1 year
40. The chairman of the copyright shall hold the office for a period of 5 years or
the attainment of the age of _______.
a. 65 years c. 80 years
b. 58 years d. 60 years
41. The other member of the board shall hold the office for a period of 5 years
or till the age of ______ years.
a. 62 years c. 65 years
b. 58 years d. 60 years
42. The copyright board shall exercise and discharge its powers and function
through benches and each bench shall consist of not less than ___________
members.
a. 3 c. 2
b. 10 d. 5
43. The special bench of the copyright board shall consist of _________
members.
a. 5 c. 10
b. 15 d. 20
44. The central government shall appoint the copyright board member consist
of _______.
a. Chairman and other 2 members
b. Vice chairman and other 10 members
c. Chairman, vice chairman and other members
d. Only 5 members
45. An appeal against the decision of the copyright board other than that against
the order of the registrar within 3 months lies to the _________.
a. District court c. Supreme court
b. High court d. tribunals
46. The copyright board shall consist of a minimum two members and
maximum of __________members.
a. 14 c. 12
b. 10 d. 16
48. The number of days given for public to raise any objection regarding the
documents submitted for copyright registration are
a. 18 days c. 21 days
b. 20 days d. 30 days
50. The registrar of the copyright act as __________ of the copyright board.
a. Chairman c. treasure
b. Secretary d. none of the above
53. The broadcasting organizations like TV, Radio have a term of copyright for
________.
a. 60 years c. 15 years
b. 50 years d. 25 years
54. The licencee can’t export the copyright which is translated unless_____.
a. The copies are sent to the citizen of India residing outside India.
b. The copies are not put for sale in India
c. The copies are not available in India
d. None of the above
55. If the translation of the literary work is in a language not in general use in
developed countries such application may be made after a period of
_____________.
a. 5 years c. 2 years
b. 3 years d. 1 year
56. The licence can be obtained by a person to reproduce and publish the work
only when __.
a. Owner is not publishing the new edition
b. If it is not for sale in India for more than 6 months
c. If it is used for research or teaching purpose
d. Both a and b
57. The act that does not amount to an infringement in musical work is
_________
a. All bars of the musical note are used
b. Public performance
c. Music played in factories
d. Remix version of popular music
58. The infringer of the copyright shall be punishable with imprisonment which
may extend up to __________.
a. 10 months to 5 years
b. 1 years to 10 years
c. 6months to 3 years
d. 1 month to 5 months
59. The infringer of the copyright shall be punishable with fine which may
extend up to __________.
a. 2 lakhs to 3 lakhs
b. 50000 to 2 lakhs
c. 10 lakhs
d. 1 crore
60. The word Copyright is derived from the expression “Copier of words” first
used in the contest, according to ___________ in 1586.
a. Oxford dictionary c. Black’s Law Dictionary
b. Standard Dictionary d. Indian Dictionary
63. The work does not subsists in musical work are __________.
a. Acting c. Performance
b. Song d. All the above
64. In Literary or Dramatic work _________ is the first owner of the work.
a. Producer c. Artist
b. Composer d. Author
65.The word Copy was used to connote a manuscript or other matter prepared for
printing in ___________ AD
a. 1423 c. 1468
b. 1485 d. 1492
66. The __________ of 1957 adopted many principles and provision contained in
UKAct-1956.
a. Copyright Act c. Patent Act.
b. Trademark Act d. Design Act
72. If any applicant make false entries in the register of copyright etc for
reproducing or tendering false entries is imprisonment for a period of
____________.
a. 1 yr
b. 3 yrs
c. 3-7 yrs
d. 14 yr
INTERNATIONAL CONVENTION:
2. The phase of Trade Mark law Treaty before the trademark office
are_________.
a. Application for registration c. changes after registration
b. Renewal d. all the above
4. The single application of the Industrial Design shall be deposit with the
_____ for the International Protection of the Design under Hague
Agreement.
a. International Bureau of WIPO c. Regional office
b. Designated Office d. UNO
5. Before the existence of the WIPO, the International Bureau and Paris
Union were supervised by ____________.
a. U.K Council c. Swiss Federal Council
b. TRIPS d. U.S Council
11. A period of _________ years has been provided for the protection of the
performers and producers of the Phonograms under WIPO Performances
and Phonogram Treaty.
a. 60 c. 30
b. 50 d. 40
14. The Patent Law Treaty was concluded on June 1, 2000 and it is open to
State members of WIPO and___________
a. Paris convention c. Madrid Agreement.
b. Berne convention d. NICE agreement
15. UPOV has __________ articles dealing with the protection of rights,
rights of priority and related aspects.
a. 42 Articles c. 32 Articles
b. 62 Articles d. 52 Articles
d. India
DESIGN UNIT:
2. There are _______ sections under Chapter II in the New Design Act-2000.
a. 48 c. 32
b. 52 d.78
4. The controller shall appoint a date for hearing of the opponent and applicant
and shall give _______ period of notice thereof under Rule -44
a. 10 days c. 1 month
b. 15 days d. 2 months
11. There are ______ classifications of miscellaneous goods and service under
Design Act-2000
c. 31 c. 99
d. 14 d. 34
12. ________ Copies of design shall be attached with the application for its
registration.
a. 4 c. 5
b. 2 d. 10
13. The Appellate Board deemed to be a _________ for all the purpose of the
section -195 and Chapter XXVI of Cr.P.C.
a. Supreme Court c. Civil Court
b. High Court d. Criminal Court
14. Under the limitation act -1963, the period of limitation for filing a suit for
infringement of a trademark is _______ years from the date of infringement.
a. 4 c. 5
b. 2 d. 3
15. In ________ injunction, the court has the power to freeze defendant’s assets.
a. Mareva d. perpetual.
b. Interlocutory d. Interim
16. The members in the Appellate Board shall be appointed by the consultation
with the Chief Justice of India.
a. CM c. PM
b. MLA d. President
PATENT RIGHTS:
8. The patent law gives an exclusive right to the patent to gain ___________
out of his invention.
10. the new requirement for the patentable of the invention is _________
a. new c. non-obvious
b. useful d. inventive step
12. Section ____ provides the inventions which are not patentable under the
Patent Act.
a. Section -6 c. section 9
b. Section 3&4 d. section 5
14. The full disclosure of the patented invention to the _______ is mandatory.
a. Government c. public
b. Controller d. foreigner.
15. If the process is used for the production of commercially cheaper but quality
wise better, then the applicant can apply for _______
a. Process patent c. product
b. letter patent d. property
18. Section _______ of the patent Act stipulates the person entitled to apply for
a patent .
a. Section -25 c. section 91
b. Section 65 d. section -6
19. ______ of any deceased person, who immediately before his death was
entitled to make an application for the grant of a patent.
a. Co-owner c. legal representative
b. licencee d. assignee
20. for applying the application for the grant of patent , form _______ is used
a. form -2 c. form -1
c. form -3 d. form -4
21. section ______ provides that only one application can be made for invention
a. Section -8 c. section 9
b. Section 6 d. section -7(1)
22. Section 7(1A) provides for application for international patent under
______..
a. Paris convention c. TRIPS
b. WIPO d. PCT
23. FORM ______ is taken for applying the grant of patent by the foreign
applicant .
a. form -2 c. form -1
d. form -3 d. form -4
25. A complete specification shall be filed within a _______ months from the
date of filing the application .
a. 10 months c. 12 months
b. 15 months d. 12-15 months
31. the claim refers to the additional features of the invention is called ________
a. main claim c. subordinate claim
b. omnibus claim d. counter claim
32. the claim relates to any arrangement substantially as described and as shown
in the drawing is called _______
33. the applicant must request the controller to publish his patent application
before the expiry of _____ period
a. 10 months c. 12 months
b. 15 months d. 18 months
35. the applicant has to make a request for the appointment of the examiner
within _______ from the date of filing till the examination of the patent
application.
a. 18 months c.10 month
b. 12 month d. 48 months
c.
36. The examiner will make the report of the examination of patent application
and sent it to the controller within ___________from the date of such
reference.
a. 18 months c.10 month
b. 12 month d. 48 months
37. the applicant has to amend the patent application within _______ from the
date of the notice given by the examiner
a. 18-20 months c.10-12 month
b. 12-15 month d. 15-18 months
39. the patent application which is published by the controller in the patent
journal shall be open to public till __________.
a. 18 months c.10 month
b. 12 month d. 4 months
40. Form ______ is filed for the opposition for the grant of patent.
b. form -2 c. form -7
e. form -3 d. form -4
41. the person interested may give notice of opposition to the controller after the
grant of the patent but before the expiry of ______ years from the date of
grant of patent.
a. 1 year c. 20 years
b. 5 years d. 15 years
43. If there are more than one owner of the patent, they are called as ________.
a. Co-owner c. licencee
b. Assignee d. patentee.
44. Section 63 of the Act provides that the patentee has the right to _____ his
patent .
a. mortagage c. licence
b. Assign d. surrender.
45. If any improvement or modification is made to the main invention, then the
patentee will have the right to get _______ patent
a. Extra patent c. process patent
b. Product patent d. additional patent
46. If the patent is lost or damaged , the patentee can get _____ patent .
a. additional patent c. process patent
b. Product patent d. duplicate patent
47. If the inventor is not using his invention for 3 years, then the controller will
grant _____ to those interested in the patent
a. mortagage c. licence of right
b. Assign d. compulsory licence.
48. Patents related to food, medicine and drugs they were deemed to be
endorsed with the words _____ after the expiry of 3 years from the date of
sealing.
a. Voluntary licence c. compulsory licence
b. Assign d. licence of right
49. The duty of the patentee is to furnish the information to the controller or else
he is liable to pay penalty upto______
a. 20 lakh c. 1 lakh
b. 10 lakh d. 1 crore
50. The transfer of all the rights or interest by the patentee to the other person is
called _____.
a. mortagage c. licence
b. Assignment d. specification
51. The person in whose favour a right has been assigned is called _____
a. mortagagee c. licencee
b. Assignee d. patentee
53. An assignment of an existing patent through an ______ which has been duly
registered is called legal assignment .
a. agreement c. document
b. letter d. sale deed
54. a ______ has the right to have his name entered in the register of the patent
as a owner or proprietor
a. mortagagee c. licencee
b. legal Assignee d. patentee
55. a patentee agrees to give another person certain defined right through any
document such as letter with an immediate effect is called ________.
a. mortagage c. compulsory licence
b. equitable Assignment d. legal Assignment
56. an ______ cannot have his name entered in the register as the owner or
proprietor of the patent in assignment
a. mortagagee c. voluntary licencee
b. legal Assignee d. equitable assignee
59. All the terms and conditions of the assignment and licence agreement shall
be imposed by _________.
a. patentee c. licencee
b. Assignee d. mortgagee
60. In __________, the controller or the govt will play an important role to
transfer the patent .
a. Voluntary licence c. expresss licencee
b. Limited licence d.statutory licence
61. Section ____ of the patent act provides the compulsory licence.
a. Section 91 c. Section-58
b. Section 54 d. Section-84
62. The compulsory licence will be granted by _____ to the person interested
apllied for the licence of patent
a. Government c. public
b. Controller d. patentee
63. The compulsory licence granted by the patentee to the licencee is _____
licence
a. Exclusive licence c. limited
b. Non-exclusive d. statutory
66. the _____ empowers to impose the terms and condition in licence of right.
a. Government c. public
b. Controller d. patentee
67. An exclusive licence shall confers all ______ right on the licencee excluding
all other persons
a. Exclusive c. limited
b. express d. voluntary
68. a _____ licence imposes certain limitation on the right of the licencee
a. Exclusive c. limited
b. express d. statutory
69. an express licencee is the one in which the permission to use the patent is
given in __________.
a. written document c. oral
b. letter d. illegal document
70. section _____ provides that the patentee can’t impose the restriction on the
licencee which are against to the public interest.
c. Section 114 c. Section-111
d. Section 204 d. Section-140
e.
71. the controller have the power of _______ while trying the suit .
a. criminal court c. fast track court
72. section -88 of the patent gives the power of the controller to ___.
a. Grant compulsory licence
b. To amend the application
c. To adjourn the application of the compulsory licence
d. To refuse to deal with certain agents
73. Section 141 of the patent act empowers the controller to __________
a. To post date the application
b. To give direction to the co-owners
c. To call for information from patentees
d. To grant compulsory licence
74. An individual cannot turn around and deny his previous statement is
called_______
a. resjudicata c. estoppel
b. infringement d. injunction
75. a matter already judicially acted upon or decided between the two parties
cannot be reopened and readjudicated for same cause of action is called
_________.
a. Principle of estoppels
b. Principle of resjudicata
c. Doctrine of pith and marrow
d. None of the above
76. The may also order that the goods which are found to be infringing and
material shall be seized, forfeited or destroyed as the court deems fit is
called as _______
a. Interim order
b. Temporary injuction
c. Anton pillar order
d. Permanent injunction
77. An order of the court prohibiting some one from doing some specified act
or commanding someone to undo some wrong or injury is known as
________
a. Infringement b. injunction
b. Assignment d. licence
78. The order of the court which are in force for a specified period of time is
called _____
a. interim order
b. Temporary injuction
c. Anton pillar order
d. Permanent injunction
81. ______ shall lay down that patent shall be cease to have effect if the renewal
fee is not paid
a. Section 60 c. Section-11
b. Section 20 d. Section-53(2)
c.
82. The patentee to renewal his patent shall within ____-- from the date of
expiry of the patent
a. 18 months c. 15 months
b. 12 months d. 20 months
83. The infringer has taken all the essential features claimed in the patent while
manufacturing an article is called _____
a. Indirect infringement c. direct infringement
b. Temporary injunction d. permanent injunction
85. The period of limitation for instituting a suit for infringement is ______
from the date of infringement
a. 10 years c. 3years
b. 5-7 years d. 12 years
87. The defendants can ______ for revocation of the patent in highcourt.
a. Main claim c. counter claim
b. Subordinate claim d. omnibus claim
In 1266, ________ law came into force for the first time for the protection
1. of trademark
a. Bakers law c. Trade Mark Act
b. Venetian law d. 39 countries
14. In England, ________ rewarded the Letter Patent to his political creditors.
a. James I c. Elizabeth I
b. Charles I d. Edward I
15. The patent Act- 1970 was passed with the report of the _________
committee.
a. Justice Bakshi Tek Chand Report-1950
b. Justice Rajagopal Ayyangar’s Report-1959
c. Both a &b
d. None of the above
16. A Venetian Law of 1474 granted the patented for a period of ______ years.
a. 14 years c. 10 years
b. 18 years d. 20 years
17. Under US Patent Act, the Design patent is granted for a period of
_________ years
a. 20 years c. 10 years
b. 17 years d. 14 years
18. Indian Patent shall be granted for that invention which has _________.
a. Related to atomic energy c. plant or agriculture method
b. Discovery of any product ` d. inventive steps
25. The Appellate Board deemed to be a ________ for all the purpose of Section
-195 and Chapter XXVI of Cr.P.C
a. Civil Court c. Criminal Court
b. Fast Track Court d. Tribunal
26. Under the Limitation Act-1963, the period of limitation for filing a suit for
infringement of a trademark is ______ years from the date of infringement.
a. 2 c. 5
b. 3 d. 4
27. In ______ injunction, the court has the power to freeze defendant’s assets.
a. Interlocutory c. Mareva
b. Perpetual d. Interim
28. The members in the Appellate Board shall be appointed by the _______
after consultation with the Chief Justice of India.
a. Chief Ministers c. Prime Minister
b. MLA ` d. President
29. Trademark Law Treaty was adopted at _______ on October 27,1994
a. Stockholm c. Paris
b. Geneva d. USA
30. There are ______ classification of goods and service under Nice Agreement.
a. 34&11 c. 35&10
b. 34&8 d. 35&8
38. If the inventor is not using his invention for 3 years, then controller will
grant ______ to those person who is interested in the patented invention.
a. Exclusive licence c. Compulsory licence
b. Voluntary licence ` d. Licence of right
39. An individual cannot turn around and deny his previous statement is
called________.
a. Resjudicata c. Infringement
b. Estoppel d. Specification
48. For the purpose of registration of Design, goods are classified in the manner
specified in the __________ schedule to the 2000 Act.
a. Third c. Second
b. First d. Fourth
49. The proprietor of the new and original design must be _________.
a. The creator of the design
b. Any other person who acquire the right to apply the design to any article
c. Mortgagee
d. Both a & b
50. The registration of a design excludes the entire person from using the design
including____________.
a. Government c. High court
b. Alien d. Foreigner.
51. When the layout design application is accepted for registration, the
controller will advertise in the official journal within ________ days.
a. 10 days c. 3 months
b. 14 days d. 12 months
52. _________ Copies of the layout design shall be attached with the application
for its registration. .
a. 1 c. 3
b. 2 d. 4
54. _________ Act repealed the Trade and Merchandise Mark Act
a. The Trademark Act-1940
b. Patent, Design and Trademark Act-1883
c. Trade Mark Act-1999
d. Trademark Act-1905
55. _______ was the first country to register the trademark for alcoholic
beverages.
a. UK c. USA
b. India d. China
58. Berne convention protects the anonymous and pseudonymous work for
________ years.
c. 50 c. 60
d. 20 d. 10
60. The applicant for copyright registration should attached ______ number of
copies of their original work.
c. 1 c. 2
d. 3 d. 4
61. The opponent party can oppose the application for the registration of the
copyright within ________.
c. 30 days c. 3 months
d. 14 days d. 12 months
64. The court where the criminal proceedings of the copyright are to be initiated
in ______.
e. Directly in High court
f. Directly in Supreme court
g. Appellate board
h. Magistrate of First Class.
67. The term of the chairman in the copyright board is either for 5 years or
_______ years
c. 62 c. 65
d. 58 d. 60
70. A Venetian Law of 1474 granted the right to inventors of new arts and
machines for ________ years.
e. 10 years c. 15 years
f. 20 years d. 5 years.
71. __________granted the monopoly right to the true and first inventor.
e. The Statutes of Monopolies -1624
f. Patent and Design Act-1888
g. A Venetian Law of 1474
h. Patent and Design Act- 1911
72. A person has to get his name registered as Patent Agent by making an
application in ____ at the Patent Office.
e. Form -27 c. Form-23
f. Form -22 d. Form -3
74. Section -88 of the patent gives the power of the controller to _________-.
i. Grant compulsory licence
j. To amend the application
k. To adjourn the application for compulsory licence
l. To refuse to deal with certain agents
75. A document transferring the rights to the other person with a view to secure
the payment of the specified sum of the money is called__________.
c. Assignment c. Licence
d. Patent d. Mortgage
board
XIV The number of days given for public to raise any objection
regarding the documents submitted for copyright registration
are____
a. 18 days c.30 days
b. 20 days d. 21 days
XIX _________ has applied for the first sound mark registration
in India
a. Yahoo Inc c. Docomo ringtone
b. Nokia ringtone d. none of them
VIII The person who can file the application for registration of
patent is________.
a. inventor c. licencee
b. assignee d.all the above
XV A trademark includes________
a. heading c. name
b. signature d. All the above.
XIX ________ will renewal the trade mark after the expire of
ownership
a. controller or registrar c. patent examiner