Mip 005

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Some of the key takeaways from the document are that it discusses intellectual property rights at the national level in India, including trademarks, patents, designs, geographical indications, and biodiversity laws.

Some new features introduced in The Trademarks Act, 1999 include provisions related to well known trademarks, absolute grounds for refusal of registration, and appellate procedures.

Relative grounds for refusal to register a trademark in India include deceptive similarity to an existing trademark and use of a mark that is already in concurrent use in the same territory for similar goods by another person.

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I MIP-005 I

POST GRADUATE DIPLOMA IN INTELLECTUAL PROPERTY RIGHTS (PGDIPR)


C C

Term-End Examination December, 2011

MIP-005 : PROTECTION OF INDUSTRIAL PROPERTY AT THE NATIONAL LEVEL


Time : 2 hours Note : All questions are compulsory. 1. Attempt any five parts : (a) (b) (c) 2x5 =10 Maximum Marks : 50

Why is it considered necessary to grant intellectual property rights ? What is meant by 'inventive step' in an invention ? If a design, capable of registration in India under The Designs Act, has not been registered, will it have any protection in India ?

(d) (e) (f)

What is a well - known trademark ? Biodiversity occurs at three levels ? What are these three levels ? What is a restrictive trade practice ?

MIP-005

P.T.O.

(g)

Who can be registered as an authorised user of a registered geographical indication in the case of : (i) agricultural goods, (ii) handicrafts ?

(h) Why is monopoly viewed with disfavour in developing countries ? 2. Attempt any two parts : 5x2 = 10 (a) What new features were introduced in The Trademarks Act, 1999 ? (b) (i) What are not regarded as inventions, as a matter of public policy, within the meaning of the Indian Patent Act. and are therefore not patentable ? (ii) Are computer programmes patentable in India ? (c) How is provisional specification different from complete specification ? What does complete specification contain ? 3. Attempt any two parts : 5x2 = 10 (a) What is meant by the term Monopolistic Trade Practice under the MRTP Act ? (b) Explain the meaning of the term Bioprospecting and Biopiracy. Name any two multilateral treaties agreements aparts from the TRIPS agreement that deal with biodiversity and IPR.

MIP-005

(c) Discuss the provisions concerning infringement of a registered Layout Design under the semiconductor, Integrated Circuits and Layout - Designs Act, 2000. 4. Attempt (a) 10x2 = 20 What do you understand by geographical

any two parts :

indication of goods as defined in the Geographical Indication of Goods (Registration and Protection) Act of 1999 ? Cover the agricultural and natural goods as well as the manufactured goods in your answer. Discuss the procedure for registration of a GI in India. (b) Discuss relative grounds for refusal to register a trademark with special focus on deceptive similarity. How is a mark, which has been in concurrent use in the same territory on the similar goods, is affected by the registration of the same mark by another person ? (c) What are the objectives of the Biological Diversity Act, 2002 ? How does the Biological Diversity Act define the following terms : (i) (ii) Benefit Claimers, Sustainable Development

MIP-005

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