Intellectual Property Rights Internal Notes

1) Which of the following rights are not covered by copyright?

• a) To use, modify & distribute
• b) To make copies & synchronize
• c) To perform & broadcast
• d) To share & discuss

2) In the case of the photograph, the term author applies to?

• a) Producer
• b) Photographer
• c) Director
• d) All the above

3) In your view, who can be the right holder of IPR?

• a) Owner of IP
• b) The successor in title of IP
• c) A licensee
• d) All the above

4) How many copies of the work are required to be submitted for registration of copyright?

• a) 3**
• b) 4
• c) 5
• d) 6

5) The Convention establishing WIPO was signed at:

• a) Stockholm
• b) Paris
• c) France
• d) India

6) The term of copyright for an author lasts how long?

• a) Life of the author
• b) Life + 60 years
• c) Life + 70 years
• d) Life + 70 years

7) The Copyright Act was passed in the year?

• a) 1956
• b) 1957
• c) 1958
• d) 1959

8) The Patent Act was passed in the year?

• a) 1960
• b) 1965
• c) 1957
• d) 1970

9) IPR protects the use of information & ideas that are of:

• a) Ethical value
• b) Commercial value
• c) Moral value
• d) Social value

10) Universal Copyright Convention was revised in 1971 at:

• a) Stockholm
• b) Paris
• c) France
• d) India

 

 

Fill up the blanks:

 

1) Intellectual property is usually divided into:  Industrial property & Copyright

 

2) Essential condition of copyright protection is that the work must be:  Original

 

3) In case of a musical work, the composer is the owner of the copyright.

 

4) The term WIPO stands for World Intellectual Property Organization.

 

5) TRIPS is Trade-Related Aspects of Intellectual Property.

 

6) The Protection of Plant Variety and Farmers’ Rights Act was passed in the year 2001.

 

7) World Intellectual Property Day is celebrated every year on April 26th.

 

8) Kolhapuri chappals are registered as GI (Geographical Indication).

 

9) Geographical Indication is the property of the community/public.

 

10) The employer is the first owner of a copyright in a work created by an employee in his employment.

 

 

Shorts

1. Intellectual Property (IP):

• Overview: IP refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
• Types: Include patents (protect inventions), trademarks (protect brands), copyrights (protect literary and artistic works), and trade secrets (protect confidential information).

2. Special Rights of Authors under Copyright Act:

• • Section 57 of The Copyright Act, 1957, confers special rights to the authors for their work.
  • The author shall have the following rights:
  • • • To claim authorship of the work; and
      • To restrain or claim damages in respect of any duration, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of the copyright.
    • The author shall not have any right if:
      • To restrain a claim of damages in respect of any adaptation of a computer program; or
      • To display the work to the satisfaction of the author.

  The author has the right to a legal representative

3. Geographical Indication (GI):

• Definition: A sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially attributable to that place of origin.
• Protection: GI protection prevents unauthorized use of the indication on products not originating from the designated geographical area.
• Registration: GI protection and registration are governed by specific laws or international agreements, ensuring legal recognition and enforcement of GI rights.

4. Berne Convention (1886):

• Purpose: Established to ensure international protection for literary and artistic works by establishing minimum standards of copyright protection.
• Principles: Provides creators with the right to control the use of their works, ensuring fair compensation and recognition.
• Membership: Over 170 countries are members of the Berne Convention, facilitating global cooperation in the protection of intellectual property rights.

5. WIPO (World Intellectual Property Organization):

• Function: A specialized agency of the United Nations responsible for promoting and protecting intellectual property worldwide.
• Activities: Facilitates cooperation among member states, provides assistance in developing IP policies, offers training and capacity-building programs, and administers international treaties and agreements related to IP rights.
• Objectives: Foster innovation and creativity, promote economic development, and ensure that intellectual property rights contribute to social and cultural development globally.